San Mateo Municipal Code Ch. 2.39 Police Department

For the relevant provisions of the City charter see §§ 3.04 and 4.01.

For provisions relating to private patrols, see Chapter 5.57.

For provisions relating to press identification cards, see Chapter 5.54.

For the purposes of this chapter, the following words and phrases are defined, and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning:

(1) "Official police officer's badge" means a badge of the size, type and design last approved for the use of regular police officers. Each such badge shall bear on the face thereof the title or rank of the person to whom it was issued. All badges of each title or rank shall be consecutively numbered and the number shall appear on the face of each badge;

(2) "Reserve police officer" means any officer of the Police Department appointed as provided in Section 2.39.020 to act as a member of the department and who is sworn in such capacity regardless of whether or not his or her compensation is paid by the City, or who is appointed to act in such capacity as deemed appropriate by the Chief of Police;

(3) "Regular police officers" means all regular police officer members of the Police Department of city appointed under merit system rules and regulations and duly commissioned and sworn in as provided by law to perform the duties of peace officers, and not retired from active duty, suspended or discharged, under whatever designation they may be elsewhere described.

prior code § 10.24(part)

The police department shall consist of a Chief of Police, and such officers and employees as the City Manager or the Chief of Police may from time to time appoint in conformity with the merit system provisions codified in Chapter 2.57, or otherwise. In addition to such regular officers, the Chief of Police, subject to confirmation by the Council, shall have power to appoint reserve officers to hold office for such length of time as shall be designated in the appointment, whenever the Chief of Police deems any of such officers necessary. No person who is not a regular police officer shall wear an official police officer's badge.

prior code § 10.25

Each regular officer shall have the powers that are now conferred by law upon police officers of this state in all matters pertaining to the enforcement of the police regulations of the City, and shall be entitled to the same protection in all respects as is now afforded by law to police officers of this state. It shall be his or her duty to enforce the ordinances of the City, to prevent the commission of any breach of peace, to suppress riots and disorderly assemblages, and to arrest every person found violating any law or ordinance or committing acts injurious to the quiet and good order of the City, or to the person or property of any citizen of the City. He or she shall have such further powers and duties as may be prescribed by the Council or the manager or Chief of Police, by ordinance or order.

prior code § 10.26

Reserve officers have power to perform as peace officers the specific police functions assigned to them by the Chief of Police for the duration of such specific assignment while on duty.

Neither the Council nor any board or member thereof, or officer or employee of the City shall:

(1) Issue any official police officer's badge except to persons lawfully entitled thereto under the provisions of this code;

(2) Issue to any person whomsoever any honorary police badge or any other badge calculated to indicate that the holder thereof is a member of, or connected with, the Police Department of the City, except that reserve police officer's badges and official police officer's badges may be issued to persons lawfully entitled thereto as elsewhere provided in this code;

(3) Assign, sell, give away or authorize the transfer or use of any badge, the issuance of which is prohibited by this chapter.

prior code § 10.27

Reserve police officers' badges shall only be issued by the Chief of Police. The Chief of Police shall keep a record of all badges issued.Each such badge shall be surrendered on the termination of the employment of the reserve officer from the Police Department.

prior code § 10.28

All special police officers' badges heretofore issued are of no further effect and shall be forthwith returned to the Chief of Police.

prior code § 10.46

No person shall have in his or her possession any official police badge or special reserve police officer's badge or press identification card which has not been lawfully issued to him or her according to the provisions of this chapter. No person shall possess any such card or badge after his or her right to use such card or badge has been terminated.Unless authorized by the Chief of Police, no person shall have in his or her possession any other badge, star, shield, miniature, ring, charm or insignia, regardless of the size, shape or design thereof, which has on it the words "San Mateo Police" or "San Mateo Detective," whether used separately, together or in combination with any other words indicating a connection with the San Mateo police department, or which is identical in design with or which so resembles an official police officer's badge or a reserve police officer's badge that it may be readily mistaken for either of such badges.No person who is not a regular police officer, reserve police officer, honorably retired police officer, police service aid or police cadet shall wear or display any badge, star or insignia calculated to indicate that he or she is a member of, or connected with, the San Mateo police department.

prior code § 10.37

(a) Notwithstanding any other provisions of this chapter, any person who has been, during his or her lifetime, a duly and regularly appointed, commissioned and sworn police officer of this city and who has honorably retired from such position, may retain and carry any badge lawfully issued to him or her or otherwise lawfully acquired by him or her during his or her service or incident to his or her retirement, provided the word "retired" is plainly shown on such badge, by being engraved or embossed thereon or otherwise permanently affixed thereto.

(b) Nothing in this section shall be deemed to authorize the use of any badge herein mentioned for any unlawful purpose, and any such badge so used may be confiscated by the Chief of Police.

(c) Any badge mentioned in this section shall be subject to confiscation by the Chief of Police if worn or displayed by any person other than the person authorized to possess it, and shall be returned to the person authorized to possess it only upon a showing that such wearing or display was without his or her consent, express or implied.

prior code § 10.38

No person other than a sworn police officer or reserve police officer shall wear any uniform of a pattern or design, or in the semblance, of the uniform authorized by the Chief of Police for the use of the regular or reserve members of the Police Department, or wear upon any uniform any star, badge, or insignia of a pattern or design that may be mistaken for, or confounded with, the official police officer's badge or the reserve police officer's badge.

prior code § 10.39

The Chief of Police is authorized to issue an identification card to authorized personnel. No other person shall possess such a card.

prior code § 10.41

Any unclaimed property shall be held by the department for a period of at least three months

prior code § 68.01

If, within said period specified in Section 2.39.160, such bicycle or other property has not been claimed by anyone legally entitled thereto, such bicycle or other property may be sold at public auction to the highest bidder on notice of sale given as set forth in Section 2.39.180.

Prior code § 68.02

Notice of sale of such unclaimed property shall be given by the Chief of Police at least five days before the time fixed for such sale by publishing such notice once in a newspaper of general circulation published in the county.

Prior code § 68.03

In the event that any such property is perishable and cannot be sold, or the property has no sale value, or at such auction sale there have been no bids for the property, it shall be destroyed by the Chief of Police at such time as the Chief of Police may determine.

prior code § 68.04