San Mateo County Municipal Code Ch. 2.44 Sheriff

The Sheriff shall be the supervisor of any branch County Jail in the County designated by him with the approval of the Board of Supervisors, and the Sheriff shall be in charge of and responsible for all activities at said branch County Jail.

(Ord. 4324, 08/15/06)

The Chief Probation Officer may, with the agreement of the Sheriff, deputize an employee of the Sheriff's Department to perform duties in connection with section 1203.1a of the California Penal Code.

(Ord. 4324, 08/15/06)

San Mateo County reserve deputy sheriffs who are assigned to the general enforcement of the laws of this State by San Mateo County, and, who have either completed the basic course, or, possess the reserve officer certificate issued by Peace Officer Standards, shall receive full peace officer powers as provided in California Penal Code section 830.1 and authorized by California Penal Code section 830.6(a)(2).

(Ord. 4324, 08/15/06)

Pursuant to the authority contained in section 5227 of the Business and Professions Code of the State of California, the Sheriff of San Mateo County is designated as the County officer authorized to enforce all of the provisions of the Outdoor Advertising Act which is contained in chapter 2, division 3 of the Business and Professions Code, in the portions of the County of San Mateo.

(Ord. 4324, 08/15/06)

The Sheriff may remove any prisoner in his custody who has been assigned to him as a sentenced misdemeanor or felon, serving time as a condition of probation, from any County industrial farm, industrial road camp, or honor camp where such prisoner has been placed by the Sheriff, without court order under custody, for such purposes as: private medical health care, vision or dental care, psychological care, vocational services, educational services, and attendance at funerals.

(Ord. 4324, 08/15/06)

It is the intent of this section to make possible the substitution of rehabilitative and constructive labor for confinement in the County Jail in order that those individuals who are convicted of public offenses and deprived of their liberty may become better citizens through such rehabilitative and constructive work experiences. Accordingly, all offenders confined to the adult correctional facilities of San Mateo County who are by State law permitted to engage in such work effort may be required by the Sheriff to work on public property or works for the benefit of the public. Any inmate of said facilities who appears physically or mentally unable to perform such work without impairment of his mental or physical health, at the time of classification, shall be referred to the jail physician. All inmates ordered to work on public property or works as herein provided shall, at all times while engaged in such activity, be and work under the direct supervision of a Deputy Sheriff, or under the direct supervision of a person deputized by the Sheriff to perform such supervision, and all work to be done must be at the direction of the public body having jurisdiction over the property or public work whereon the work is being performed. The number of prisoners assigned to any given task shall be by agreement of the Sheriff and the Director of the agency having jurisdiction over the property or public work whereon such task is being performed. The Sheriff shall be directly responsible for the custody and safekeeping of inmates so engaged in such tasks, and for the protection of the public in connection with the activities contemplated hereunder.

(Ord. 4324, 08/15/06)

The provisions of the Work Furlough Rehabilitation Law (Cobey Work Furlough Law) commencing at section 1208 of the Penal Code are hereby made operative in the County of San Mateo, the Board of Supervisors of the County of San Mateo hereby finding that, on the basis of employment conditions, education conditions, and job training conditions, the state of the County jail facilities, and other pertinent circumstances considered by this Board, that the operation of said Work Furlough Rehabilitation Law insofar as it relates to employment, job training, and education, in the County of San Mateo, is feasible.

(Ord. 4324, 08/15/06)

The Sheriff is hereby designated as the Officer who shall perform the functions of the work furlough administrator within the County of San Mateo.

(Ord. 4324, 08/15/06)

Each applicant for a new concealed weapon license or for the renewal or amendment of an existing license shall pay the application, renewal or amendment fee determined by the Department of Justice in accordance with Penal Code section 12054, and shall pay to the County an additional application, renewal or amendment fee in the maximum amount permitted by Penal Code section 12054.

(Ord. 4324, 08/15/06)

The disposition of lost and unclaimed property shall be administered by the Sheriff's Department in accordance with the Civil Code of the State of California at section 2080 et seq. and in addition shall be governed by the following administrative provisions:

(a) At the time an item of lost or unclaimed property is presented to the Sheriff's Department pursuant to the provisions of the Civil Code such item shall be received by the Sheriff if, and only if, in his judgment it has the value of ten dollars ($10.00) or more. If, in the judgment of the Sheriff, the value of the item is less than ten dollars ($10.00), the Sheriff's Department shall not take possession of said property, but it shall remain in the possession of the finder.

(b) If the finder of an item of lost property which, in the judgment of the Sheriff has a value of less than ten dollars ($10.00), refuses to retain possession thereof and deposits said item with the Sheriff's Department, such property shall be deemed not to be public property, and the Sheriff may: (1) give such property to a charity or may, (2) accumulate such property and dispose of it in a manner approved by the Board of Supervisors.

(c) At any time after an item of lost or saved property is taken into possession by the Sheriff pursuant to the provisions of this code, said item of property may be destroyed or otherwise disposed of, if in the opinion of the Sheriff its continued storage would be inimical to the health, safety, or welfare of the County.

(d) If, after the prescribed storage period has passed and the prescribed notice has been given, lost property remains unclaimed by the owner, general law provides that title vests in the finder unless such finder is a public employee. When a finder in whom title vests relinquishes his claim and interest in the property, the Sheriff may give away, sell at public auction, or otherwise dispose of said property in whatever manner he deems to be in the public interest.

(e) Unclaimed property, as described in subsection (d) of this section, found by an employee of any public agency, shall be sold by the Sheriff at public auction.

(f) Any personal property with a value of not more than five hundred dollars ($500) in the possession of the Sheriff which has been unclaimed for a period of at least 90 days may, instead of being sold at public auction to the highest bidder pursuant to the provisions of section 2080.5 of the Civil Code, be turned over to the probation officer, to the welfare department of the County, or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency. Before any property subject to this section is turned over to the probation officer, to the welfare department of the County, or to any charitable or nonprofit organization, the Sheriff's Office shall notify the owner, if his or her identity is known or can be reasonable ascertained, that it possesses the property, and where the property may be claimed. The owner may be notified by mail, telephone, or by means of a notice published in newspaper of general circulation which it determines is most likely to give notice to the owner of the property.

(g) Whenever the Sheriff conducts a public auction for the purpose of selling unclaimed property in his possession, he shall give notice of such sale by publishing notice thereof once in a newspaper of general circulation published in the County, at least five (5) days before the time fixed for the sale.

The public auction shall be held not less than five (5) days after the publication of the notice of sale. Each item shall be separately sold at auction to the highest bidder, except in cases where there may be several of the same kind of article of little value, in which case the several articles may be sold by lot or parcel.

The expenses connected with the sale shall be a proper charge against the funds of the Sheriff's Department, and the receipts and proceeds of the sale shall first be applied to reimburse the Sheriff's Department for such expenses. The balance of the proceeds shall be deposited in the County Treasury.

Any items advertised for sale at public auction and remaining unsold after said auction, shall be disposed off by the Sheriff in whatever manner he deems to be in the public interest.

(h) Other than personal property abandoned by prisoners, which shall be handled in the same manner as other unclaimed property, this section has no application to things which have been intentionally abandoned by their owner.

(i) In the case of certain deadly weapons, disposition of which is governed by other law, such law shall prevail over the provisions of this section.

(j) If the Sheriff or the Purchasing Agent determines that any property which would otherwise be sold under the provisions of this section is needed for a public use, including, but not limited to law enforcement purposes, such property may be retained for said public use and need not be sold. However, upon the determination that said property should be retained for public use, it shall be inventoried as with other County property.

(Ord. 4324, 08/15/06)

Each individual who applies to have fingerprints scanned and processed by the Sheriff's Office for employment or other non-criminal-proceedings purposes shall pay a fee of $39, payable at the time the fingerprints are taken. The Sheriff's Office shall retain $34 to offset the costs of said service and CAL ID will receive $5 to offset the costs of said service.

(Ord. 4324, 08/15/06)

(Ord. No. 04584, § 1, 9-13-2011)

Pursuant to California Penal Code Section 830.6(a)(2), those reserve deputies of the Sheriff of San Mateo County who have qualified as Level I Reserve Deputies pursuant to California Penal Code Section 832.6(a)(1) and who have been and continue to be deputized or appointed by the Sheriff in writing as assigned to the prevention and detection of crime and the general enforcement of the laws of this state are hereby designated to be peace officers, and they shall possess the powers set forth in California Penal Code Section 830.1. The Sheriff may revoke the authority of any such officer at any time.

(Ord. No. 04735, § 2, 4-14-2015)