Chapter 2.48 POLICE DEPARTMENT

Any person who falsely represents himself to be a police officer, or who not being a member of the police department wears a badge used by the police department, is guilty of a misdemeanor. (Prior code § 19.3).

2.48.040 Qualification for state aid.

The city council declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4, Part 4, of the Penal Code. (Prior code § 19.4).

2.48.050 Adherence to recruitment and training standards.

Pursuant to Section 13522 of Chapter 1 of Title 4, Part 4 of the Penal Code, the city while receiving aid from the state pursuant to that chapter will adhere to the standards for recruitment and training established by the State Commission on Peace Officer Standards and Training. (Prior code § 19.5).

2.48.060 Oath.

Every police officer before entering upon the discharge of his duties must take the oath of office. (Prior code § 19.6).

2.48.100 Chief of police—Appointment and compensation.

The head of the police department shall be known as the "chief of police" and shall be appointed by the city manager, shall serve at the will and pleasure of the city manager and shall receive such compensation as may be fixed from time to time by the city manager, within the compensation plan adopted by the city council. (Ord. 1355 § 1 (part), 2013: Ord. 1309 § 4, 2007).

2.48.110 Chief of police—Powers and duties generally.

The chief of police shall exercise all the powers and perform all the duties that are now or may hereafter be conferred upon him by city ordinance, state law or by direction of the city manager. He shall be responsible for the government and discipline of the police department and the members thereof and shall be charged with the care and custody of all property and equipment belonging or assigned to the department. (Ord. 1356 § 2 (part), 2013: Ord. 834 § 3 (part), 1973).

2.48.120 Police officers—Duties generally.

Police officers and other personnel of the police department will work the hours prescribed and perform law enforcement duties as directed by the chief of police or his subordinate supervisory officers in accordance with oral commands, written directives, proper police procedure learned in training, and federal, state, and local laws. Their duties will mainly consist of patrolling prescribed areas, crime prevention, making arrests, keeping the peace, traffic and crowd control, issuing citations, serving warrants and subpoenas, investigating crimes and accidents, parking enforcement, vice control, checking suspicious persons and vehicles, answering calls as dispatched, performing assignments as directed, making security checks of residences and business houses, assisting the public when possible, seeing that injured or sick persons are cared for, attempting to establish good public and human relations, checking for hazardous conditions, receiving and acting upon intelligence or relaying it through proper channels, writing reports and keeping records, communicating with headquarters, other officers, or other people by radio, telephone, or other communicating devices, working as dispatchers, desk officers, or jailers, receiving and acting upon complaints from citizens when possible, taking good care of departmental equipment and the property of others, and performing other functions, not listed, in accordance with departmental directions. (Ord. 834 § 3 (part), 1973).

2.48.190 Definitions.

For the purposes of Sections 2.48.190 through 2.48.470, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(1) "Official police officer’s badge" means a badge of the size, type and design approved by resolution of the council, adopted at the time that the ordinance codified in this section went into effect, for the use of regular police officers. Each badge shall bear on the face thereof, the title or rank of the person to whom it is issued. All badges of each title or rank shall be consecutively numbered and the number shall appear on the face of each badge;

(2) "Private patrol" means any person carrying on the business or occupation of night watchman, night watch service, private policeman or any other occupation, the purpose of which is to afford additional police or fire protection, for hire or reward;

(3) "Regular police officers" means all regular police officer members of the police department of the city appointed under civil service 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;

(4) "Short wave radio receiver" means and includes any radio receiver or other device capable of receiving messages or communications transmitted by any radio transmission station operating on a frequency between 1,600 kilocycles and 2,500 kilocycles, or on a frequency between 30 megacycles and 40 megacycles;

(5) "Special police officer’s badge" means a badge of the size, type and design designated by resolution of the council for the use of persons commissioned by the council to act as special police officers. The badge shall have enameled on the face thereof "Special," in addition to any other words or device, and shall so differ in shape and design from the official police officer’s badge as to be, when displayed or worn, readily distinguishable therefrom. All such badges shall be consecutively numbered and the number shall appear on the face of each such badge;

(6) "Reserve police officer" means any qualified person appointed by the chief of police as a reserve police officer and is assigned specific police functions by the chief of police or his/her designee. The person is a peace officer if the person qualifies as set forth in Section 832.6 of the California Penal Code. The authority of a person designated as a peace officer pursuant to this subsection extends only for the duration of the person’s specific assignment. Reserve police officers shall be appointed Level I, II or III pursuant to California Penal Code Section 832.6 and, additionally, fulfill any additional police department requirements;

(7) Designated Level I Reserve Police Officer. Upon appointment by the chief of police, reserve police officers who have qualified as Level I reserve police officers pursuant to Section 832.6(1)(a) of the California Penal Code and, in addition, have completed a minimum of two years of field experience as a reserve police officer with the city comprising a minimum of four hundred working hours, or have comparable experience of five years as a reserve police officer or reserve deputy sheriff in another jurisdiction and one year with the city, or have at least a basic post certificate and one year as a reserve police officer with the city shall have those peace officer powers and duties as provided by Section 830.6(2)(a) of the California Penal Code. Such officers shall be known as "designated Level I reserve police officers";

The time requirement for a reserve police officer to be in the police department prior to appointment as a designated Level I reserve police officer may be waived at the discretion of the chief of police.

Nothing in this subsection shall prevent the chief of police from revoking or suspending designated Level I reserve police officer status, nor shall the chief of police be under any mandate to make any such appointment. (Ord. 1287 §§ 1, 2, 2004; prior code § 19.19).

2.48.200 Immunity—Scope.

Any commission or appointment as special police officer which is claimed to convey, expressly or by implication, any immunity inuring to the benefit of the holder, or any other person, contrary to any of the objects and purposes of Sections 2.48.190 through 2.48.470 shall be void, and its grant or issuance shall be deemed to be in excess of the power and authority of the council, whether heretofore or hereafter made. (Prior code § 19.20).

2.48.210 Applicability to private patrol watchmen.

The provisions of Sections 2.48.190 through 2.48.470 shall not be deemed to repeal directly or by implication any of the provisions of Sections 2.48.490 through 2.48.610 relating to the regulation of private patrol watchmen. (Prior code § 19.21).

2.48.220 Applicability to civil defense auxiliary police officers.

The provisions of Sections 2.48.190 through 2.48.470 do not apply to civil defense auxiliary police officers. The chief of police is hereby empowered as follows:

(1) To appoint civil defense auxiliary police officers who, while training or working as such under his direction, have the same authority as regular police officers;

(2) To issue special police officers’ badges and identification cards to all appointees without charge;

(3) To require all appointees to be photographed and fingerprinted;

(4) To investigate the moral fitness, reputation, character, integrity and competency of each applicant before appointment;

(5) To register all appointees immediately as required by law or Division IV of the Labor Code of the state;

(6) To suspend, revoke or cancel any appointment at his discretion;

(7) To require immediate return by an appointee of his badge, identification card, and any other item or article issued to him upon oral or written notice of the suspension, revocation or cancellation of his appointment. (Prior code § 19.22).

2.48.230 Uniforms.

The council shall have the power and authority to adopt and prescribe, by resolution, the uniform to be worn by all special police officers, if any uniform is worn, while performing the duties of a special police officer. The uniform so prescribed for any such officer may but need not be the same as the uniform prescribed or worn for a private patrol watchman or a bank guard. (Prior code § 19.23).

2.48.240 Prohibited uses of official police titles.

No special police officer shall, by virtue of any commission as heretofore or hereafter issued under

Sections 2.48.190 — 2.48.480, or pursuant to any other law or ordinance, be deemed to be an officer, agent, employee or representative of the city while engaging in any activity of any character whatsoever undertaken for private hire, profit or reward, or while performing any act done in the course of his own business or affairs, or while performing any act done or undertaken in connection with, or in furtherance of, any private employment, business or undertaking for which such special officer is hired or engaged; nor shall any such commission be construed to confer upon the holder any privilege or immunity not expressly granted by Sections 2.48.190 — 2.48.480, other than the authority to arrest for crime under Section 836 of the Penal Code, and the right to be armed as a peace officer, subject in both respects to the rules and regulations outlined by the chief of police relating to special police officers. (Prior code § 19.24).

2.48.250 Service of notice.

Any notice required by Sections 2.48.190 — 2.48.480 must be in writing and may be given by personal service or by mail. In case of service by mail, the notice must be deposited in the United States post office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served at his last known address as shown on the records of the chief of police. The service shall be deemed completed at the time of the deposit in the post office. (Prior code § 19.25).

2.48.260 Surety bonds.

Any person who has made application for a special police officer’s permit under Sections 2.48.190 — 2.48.480 and who does not hold a valid permit issued by the board of prison directors of the state to carry on the business of a private detective, shall, before any permit is issued to him, deliver to and file with the city clerk a surety bond, executed by a surety company authorized to do business in the state in the sum of five thousand dollars, conditioned for the faithful and honest conduct of the duties of a special police officer by the applicant, which bond shall be upon a form provided by the city clerk and approved as to its form and execution by the city attorney.

The bond shall be taken in the name of the people of the city, and every person injured by the wilful or malicious or negligent or wrongful act of the principal, his agents or employees, may bring an action on the bond, in his own name, to recover damages suffered by reason of such wilful or malicious or negligent or wrongful act. A surety bond filed as herein required, may be cancelled only by service of a written notice upon the city clerk or the city, not less than five days prior to the effective date of the cancellation, and the holder of a special police officer’s permit shall be ipso facto suspended upon the cancellation of the bond until such time as another bond is filed as herein required in the first instance. (Prior code § 19.26).

2.48.270 Permit application—Fee.

Any person may file with the city clerk an application, in triplicate, requesting that a permit to act as special police officer be issued to the person therein named. The application shall be accompanied by a filing fee of three dollars and shall be upon a form supplied by the city clerk, and shall be sworn to before a person authorized to administer oaths, and must state that if a permit is granted to him, he will conform to and abide by all requirements of Sections 2.48.190 — 2.48.480. (Prior code § 19.27).

2.48.280 Transmission of copies.

Immediately upon the receipt of an application for a special police officer’s permit, the city clerk shall forward one copy thereof to the chief of police, one copy to the council and file the original with the records of his office pertaining to the permit issued to the applicant. (Prior code § 19.28).

2.48.290 Applicant to be fingerprinted and photographed.

The person named in an application for a special police officer’s permit shall, within three days after the filing of the application with the city clerk, present himself at the police station in the city to be photographed and fingerprinted, and the photographs and fingerprints shall be filed in the records of the city police department. (Prior code § 19.29).

2.48.300 Investigation of applicant—Report to council.

Upon receipt by the chief of police of a copy of the application required by Section 2.48.270, he shall forthwith investigate the truthfulness of the facts therein set forth, the moral fitness and reputation, character, integrity and competency of the person who made the statement; and if, upon the completion of the investigation, he concludes he is a qualified and fit person to act as special police officer, he shall so report to the council. (Prior code § 19.30).

2.48.310 Issuance—Denial.

Upon receipt of the report of the chief of police pursuant to Section 2.48.300, the council at its next regular meeting shall have the power to issue a permit to the person, granting him the right to act as a special police officer; provided, however, the application must be denied if the following information appears:

(1) That the person has been convicted for a felony or a misdemeanor involving moral turpitude, or any state or federal law;

(2) That he does not have a good reputation for honesty or character, or integrity, or is not a responsible person, or does not have the necessary mental or moral or physical qualifications to perform the duties of a special police officer;

(3) That he cannot read, or write, or speak the English language. (Prior code § 19.31).

2.48.320 Hearing for persons denied a permit.

The city clerk shall give written notice to the applicant for a special police officer’s permit and post a notice on the bulletin board at the city hall of the day, time and place of the hearing provided for in Sections 2.48.190 — 2.48.480 not less than five days prior to such hearing. The hearing may be continued from time to time as the circumstances may require. (Prior code § 19.32).

2.48.330 Revocation.

Any permit granted pursuant to Sections 2.48.190 — 2.48.480 for a special police officer may be revoked by the council for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of Sections 2.48.190 — 2.48.480, or whenever it appears to the council that such person does not have the intelligence, or courage, or judgment necessary for the performance of the duties of a special police officer, or has been under the influence of intoxicating liquors while attempting to perform his duties, or for any other good cause. The revocation shall be made only after a hearing granted to the holder of such permit before the council, after five days’ notice to such permit holder, setting forth the grounds of complaint against him and stating the time and place where the hearing will be held. The hearing may be continued over from time to time as the circumstances may require. Upon revocation of any permit, the permit shall be forthwith surrendered to the chief of police, together with any special police officer’s badge issued to such person. The revocation of any permit shall be in addition to any other penalties otherwise provided in Sections 2.48.190 — 2.48.480. Pending the hearing, any permit granted pursuant to Sections 2.48.190 — 2.48.480 may be suspended by the council. (Prior code § 19.33).

2.48.340 Expiration.

A permit to act as a special police officer shall continue in force until revoked as provided in Section 2.48.330. (Prior code § 19.34).

2.48.350 Temporary appointments.

The chief of police shall have the right to temporarily appoint a special police officer, or officers, in case of emergency, such as fire, earthquake, air raid or other calamity when, in his opinion, public or private property is in danger of damage or theft; but all such appointments shall not continue in effect longer than the actual emergency without the approval and consent of the council. (Prior code § 19.35).

2.48.360 Official badge required.

No person shall wear or have in his possession, while performing the duties of a special police officer, any badge other than a special police officer’s badge. (Prior code § 19.36).

2.48.370 Badge a prerequisite to performance of duties.

No person shall perform any duties of a special police officer unless such person first secures a special police officer’s badge as provided in Sections 2.48.190 — 2.48.480. (Prior code § 19.37).

2.48.380 Fees.

The chief of police shall make a charge of two dollars for the issuance of every special police officer’s badge and for every badge issued to replace a lost badge, which sum shall be considered as rental for the use of the badge, which shall at all times be and remain the property of the city. (Prior code § 19.38).

2.48.390 Issuance generally.

No council or member thereof, or officer or employee of the city shall act as follows:

(1) Issue any special police officer’s badge or any official police officer’s badge except to persons lawfully entitled thereto under the provisions of Sections 2.48.190 — 2.48.480;

(2) Issue to any person whatsoever 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 special police officer’s badges and official police officers’ badges may be issued to persons lawfully entitled thereto as elsewhere provided in this section;

(3) Assign, sell, give away or authorize the transfer or use of any badge the issuance of which is prohibited by Sections 2.48.190 — 2.48.480. (Prior code § 19.39).

2.48.400 Eligibility.

Special police officers’ badges shall be issued by the chief of police, and only to persons who have secured permits or commissions from the council as special police officers, and who have paid all fees required therefor by Sections 2.48.190 — 2.48.480. (Prior code § 19.40).

2.48.410 Record.

The chief of police shall at all times keep a record of all special police officers’ badges issued by the chief of police, which record shall show the name and present address of the person to whom the same was issued, the serial number of the badge, which shall be stamped on the back of each badge, and the rank or number on the face of the badge. (Prior code § 19.41).

2.48.420 Address to be filed.

It shall be the duty of every person to whom a special police officer’s badge has been issued to furnish and keep on file with the chief of police the true home address of that person. (Prior code § 19.42).

2.48.430 Restrictions.

No person shall wear or have in his possession any special police officer’s badge, unless that badge has been. regularly issued to such person in accordance with the provisions of Sections 2.48.190 —2.48.480. (Prior code § 19.43).

2.48.440 Unauthorized possession.

(a) No person shall have in his possession any official police officer’s badge, or special police officer’s badge, which has not been lawfully issued to him according to the provisions of Sections 2.48.190 — 2.48.480.

(b) No person shall possess any such badge after his right to use the badge has been terminated.

(c) No person shall have in his 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, "Marysville Police", or "Marysville Detective", whether used separately, together or in combination with any other words indicating a connection with the police department, or which is identical in design, or which so resembles an official police officer’s badge or special police officer’s badge, that it may be readily mistaken for either of such badges.

(d) No person who is not a regular police officer, or a special police officer, shall wear or display any badge, star or insignia calculated to indicate that he is a member of, or connected with, the police department of the city. (Prior code § 19.44).

2.48.450 Badge to be returned.

It shall be the duty of any person, after he has severed his employment with any private patrol or branch, or who has ceased to perform the duties which require the issuance of a special police officer’s badge, to return the special police officer’s badge to the chief of police. (Prior code § 19.45).

2.48.460 Badge to be on person during performance of duties.

It shall be the duty of every person having a special police officer’s permit from the council, or any person performing special police work under the jurisdiction of the chief of police, to have on his person a special police officer’s badge while performing the duties of a special police officer. (Prior code § 19.46).

2.48.470 Badge to be worn on front of uniform.

Any private patrol, bank guard, night watchman, or other person who wears a uniform while performing any of the duties of his position, shall wear a special police officer’s badge on the outside of the front of his uniform, so that the same is available at all times while performing such work. (Prior code § 19.47).

2.48.490 Private patrol watchman defined.

For the purpose of Sections 2.48.490 — 2.48.610, a "private patrol watchman" means any individual who patrols any territory, or guards or watches property of another person within the city. (Prior code § 19.49).

2.48.500 Unauthorized badge or insignia.

It is unlawful for any person to wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the city police without permission of the council; and no badge or insignia shall be worn, displayed or used in any manner unless the same has been first approved by the chief of police. (Prior code § 19.50).

2.48.510 Unauthorized uniform.

It is unlawful for any person to wear, or cause or permit to be worn, any uniform in acting as a private patrol watchman that is similar to the uniform used by the city police without permission of the council; and no uniform shall be worn unless the same shall have been first approved by the chief of police. (Prior code § 19.51).

2.48.520 Service of notice.

Any notice required by Sections 2.48.490 — 2.48.610 must be in writing and may be given by personal service or by mail. In case of service by mail, the notice must be deposited in the United States post office, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served at his last known address as the same appears from the files of the city clerk. The service shall be deemed completed at the time of the deposit in the post office. (Prior code § 19.52).

2.48.530 Surety bond.

Any person who has made application for a private patrol watchman permit under Sections 2.48.490 — 2.48.610 and who does not hold a valid permit issued by the board of prison directors of the state to carry on the business of a private detective, shall, before any permit is issued to him, deliver to and file with the city clerk a surety bond, executed by a surety company authorized to do business in the state, in the sum of five hundred dollars, conditioned for the faithful and honest conduct of the business by the applicant, which bond shall be upon a form provided by the city clerk and approved as to its form and execution by the city attorney. The bond shall be taken in the name of the people of the city, and every person injured by the wilful or malicious or negligent or wrongful act of the principal, his agents or employees, may bring an action on such bond in his own name to recover damages suffered by reason of such wilful or malicious or negligent or wrongful act. A surety bond filed as herein required may be cancelled only by service of a written notice upon the city clerk not less than five days prior to the effective date of the cancellation, and the holder of a private patrol watchman permit, thereby secured, shall be ipso facto suspended upon the cancellation of the bond until such time as another bond is filed as herein required in the first instance. (Prior code § 19.53).

2.48.540 Permit required.

It is unlawful for any person to act as a private patrol watchman unless such person holds an unrevoked permit to so act as provided in Sections 2.48.490 — 2.48.610. (Prior code § 19.54).

2.48.550 Application - Fee.

Any person may file with the city clerk an application (in triplicate) requesting that a permit to act as a private patrol watchman be issued to the person therein named. The application shall be accompanied by a filing fee of five dollars, and shall be upon a form supplied by the city clerk; it shall be sworn to before a person authorized to administer oaths, and must state that if a permit is granted to him, that he will conform to and abide by all requirements of Sections 2.48.490 through 2.48.610. (Prior code § 19.55).

2.48.560 Transmission of copies.

Immediately upon the receipt of an application for a private patrol watchman permit, the city clerk shall forward one copy thereof to the chief of police, one copy to the council, and file the original with the records of his office pertaining to the permit issued to the applicant. (Prior code § 19.56).

2.48.570 Applicant to be fingerprinted and photographed.

The person named in an application for a private patrol watchman permit shall, within three days after the filing of the application with the city clerk, present himself at the police station in the city to be photographed and fingerprinted and such photographs and fingerprints shall be filed in the records of the city police department. (Prior code § 19.57).

2.48.580 Investigation—Report to mayor and council.

Upon receipt by the chief of police of a copy of the application for a private patrol watchman permit, he shall forthwith investigate the truthfulness of the facts therein set forth, the moral fitness and reputation, character, integrity and competency of the person who made such statement; and if, upon the completion of such investigation, he concludes he is a qualified and fit person to act as a private patrol watchman, he shall so report to the council. (Prior code § 19.58).

2.48.590 Issuance—Denial.

Upon receipt of the report of the chief of police referred to in Section 2.48.580, the council, at its next regular meeting, shall have the power to issue a permit to the applicant, granting him the right to act as a private patrol watchman; provided, however, that the application must be denied if it appears as follows:

(1) That the person has been convicted of a felony or a misdemeanor involving moral turpitude, or any state or federal law;

(2) That he does not have a good reputation for honesty or character or integrity, or is not a responsible person, or does not have the necessary mental or moral or physical qualifications to perform the duties of a private patrol watchman;

(3) That he cannot read, or write or speak the English language.

The city clerk shall give written notice to the applicant and shall post a notice on the bulletin board at the city hall of the day, time and place of the hearing, not less than five days prior to such hearing. The hearing may be continued from time to time as the circumstances may require. (Prior code § 19.59).

2.48.600 Revocation.

Any permit granted pursuant to Sections 2.48.490 through 2.48.610 for a private patrol watchman may be revoked by the mayor and council for any reason for which the granting of the permit might be lawfully denied, or for the violation of any provision of Sections 2.48.490 through 2.48.610, or whenever it appears to the council that the person does not have the intelligence, or courage, or judgment necessary for the performance of the duties of a private watchman, or has been under the influence of intoxicating liquors while performing his duties, or for any other good cause. The revocation shall be made only after a hearing granted to the holder of such permit before the council, after five days’ notice to the permit holder, setting forth the grounds of complaint against him and stating the time and place where the hearing will be held. The hearing may be continued over from time to time as the circumstances may require. Upon revocation of any permit, the permit shall be forthwith surrendered to the chief of police. The revocation of any permit shall be in addition to any other penalties otherwise provided in Sections 2.48.490 through 2.48.610. (Prior code § 19.60).

2.48.610 Expiration.

A permit to act as a private patrol watchman shall continue in force until revoked as provided in Section 2.48.600. (Prior code § 19.61).

2.48.700 Police escorts.

Upon request or application of any person or entity, the police department may provide police escort services to individuals and to commercial or other agencies. Except as set forth in this section, a service fee in an amount established by resolution of the council shall be charged for such escort services. The provision of such escort services shall be subject to the following rules and conditions:

(1) The provision of police escort services shall be subject to the control of the chief of police and shall be provided in a manner which will not interfere with other duties of the police department.

(2) The chief of police may, in his discretion, establish procedures providing for a written application for escort services if the chief of police deems such applications to be desirable. Such applications shall include such information as the chief of police deems necessary to determine the nature of the required service, the time when such service would be provided, the person requesting such service and any other information which is deemed pertinent.

(3) The chief of police may require that any service fee for escort services be paid in advance or, in his discretion, the chief of police may provide for monthly billing for escort services provided during the preceding calendar month.

(4) No fee shall be charged for escort services provided in connection with the conduct of funeral services. The chief of police may waive the service fee established under this section if he determines that in a particular case the risk of the occurrence of a crime or of injury to persons or property is greater than that normally faced by a user of escort services. (Ord. 1007 § 1, 1984).