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THE LOS ANGELES COUNTY CODE http://www.ordlink.com/codes/lacounty CHAPTER 5.64 BADGES
5.64.010 Short title. The ordinance codified in this chapter shall be known as "the county badge ordinance." (Ord. 7753 § 3, 1960.) 5.64.020 Purpose of provisions. The purpose of this chapter is to establish rules and regulations covering the authorization, manufacture and use of badges, cap-pieces, lapel insignia, identification cards and seals for the county of Los Angeles. (Ord. 7753 § 1, 1960.) 5.64.030 Definitions and interpretation of terms. A. "Badge" means and shall be understood to include "lapel insignia," "cap-piece," "seal" and "identification card" where applicable. 5.64.040 Classification of types. Two types of badges are to be issued and have official status: The badges of: 5.64.050 Positions authorized -- Determination. The board of supervisors shall by order determine the positions for which badges, cap-pieces and lapel insignia may be issued and the titles to appear thereon, except that the chief administrative officer may authorize badges, cap-pieces and lapel insignia and determine the title to appear thereon for positions in the classified service of the county or any other public entity which is governed ex officio by the board of supervisors. Such authorizations shall have the same force and effect as if they were amendments to the ordinance codified in this chapter. The actual issuance of badges shall be discretionary with department heads. (Ord. 11415 § 2, 1976: Ord. 8881 § 3, 1965: Ord. 7753 § 50, 1960.) 5.64.060 Administration of provisions. A. The chief administrative officer will consider applications for new badges, additional badges, change of design, and any other matters concerning the administration of this chapter. 5.64.070 Delegation of power. Whenever a power is granted to, or duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless the provisions of Ordinance 4099 expressly provide otherwise. (Ord. 7753 § 9, 1960.) 5.64.080 Prior badges -- Recognition, continuation and replacement. A. It is the intent of the ordinance codified in this chapter that existing badges be replaced by the uniform departmental badge excepting where specific exemptions have been made elsewhere in this chapter as the purchase of new badges becomes necessary. 5.64.090 Prior badges -- Retention and use after April 8, 1980 -- Authorization required. Notwithstanding anything to the contrary in this chapter and Ordinance 7753, no person issued a county badge prior to April 8, 1980, the effective date of the ordinance codified in this section, may lawfully retain or use such badge unless, on or after April 8, 1980, such retention and use is authorized by the chief administrative officer. Retention and use of prior badges shall be restricted to persons meeting one or more of the following criteria: 5.64.095 Retention of badges as keepsakes. Upon the written request of a department head, the chief administrative officer may authorize the retention of old or obsolete badges as keepsakes. Each badge shall be permanently encased in block lucite, or other similar material, in such fashion to render the badge unusable for active service. The cost of encasement and other associated costs as determined by the chief administrative officer shall not be a cost to the county, and shall be paid by the officer or by such other person or organization identified by the department head in his or her written request. The chief administrative officer may require the payment of estimated costs in advance. (Ord. 2003-0042 § 1, 2003.) 5.64.100 Uniform departmental badges. A. The uniform departmental badge shall consist of a shield, surmounted by a bear, and shall be of gold-colored metal unless otherwise specified. The seal of the county of Los Angeles shall be superimposed on the center thereof unless otherwise specified. The words "County of Los Angeles" shall appear on a ribbon at the top of the badge just under the bear unless their omission is specifically provided in this chapter. Ribbons indicating the name of the department shall appear just above the seal of the county. The title of the position of the person authorized to wear such official badge shall be inscribed on a ribbon placed just below the seal of the county and the serial number of the badge shall appear at the bottom of the badge below the title of the position. The words "Deputy Sheriff" and "Retired" may also appear on the face of badges issued to employees or retired employees authorized by the sheriff and board of supervisors to carry such badges. The said badges shall not bear upon the face or reverse thereof any words or numbers other than as herein prescribed, except that each said badge may bear on the reverse thereof a stamped or embossed serial number, or in the case of retired badges the name and dates of service of the person to whom it is issued on a plate to be affixed to the back of said badges. 5.64.105 District attorney investigator badges. The district attorney investigator’s badge shall consist of a star centered on an oval shield. The star shall have six points and the seal of the District Attorney, County of Los Angeles, shall be superimposed on the center of the star. The shield shall have a design consisting of emanating sunrays bordered on the top and bottom by representations of a fasces. The star shall be of a gold-colored metal and the shield shall be silver-colored metal. The title of the position of the person authorized to wear such official badge shall appear in blue, uppercase block letters on a gold ribbon at the top of the badge, above the star. The words “District Attorney” shall appear on a gold ribbon placed just below the star. The words “Bureau of Investigation” shall appear on a gold ribbon placed just below “District Attorney.” The serial number of the badge shall appear on a gold ribbon at the bottom of the badge just below “Bureau of Investigation.” With the approval of the chief of the District Attorney Bureau of Investigation, the word “Retired” may also appear on the face of the badge on a gold ribbon placed under the title of the final position of the retiring employee. The said badge shall not bear upon the face or reverse thereof any words or numbers other than as prescribed herein, unless otherwise specified in this chapter, except that retired badges may bear on the reverse thereof the name and dates of service of the retired employee to whom it is issued. The provisions of section 5.64.100B shall also apply to badges issued under this section. (Ord. 2002-0048 § 1, 2002.) 5.64.110 Cap-pieces. Any official cap-piece hereinafter described may be worn by uniformed county employees, except as stated elsewhere in this chapter. Unless otherwise authorized herein, it shall consist of a partial replica of the basic departmental badge, the seal of the county to be in center, surmounted by a bear and a ribbon bearing the name of the department just below the bear. Any other cap-piece designated as official before March 16, 1960, the effective date of the ordinance codified herein, shall be deemed official until replaced by the cap-piece described above. (Ord. 7753 § 17, 1960.) 5.64.120 Issuance -- Oath or affirmation required when. The official uniform departmental badge, cap-piece, identification card and lapel insignia provided for in this chapter shall be issued by the department head after oath or affirmation of allegiance for civil defense workers and public employees has been taken. (Ord. 7753 § 19, 1960.) 5.64.130 Issuance -- Chief administrative officer order prerequisite -- Criteria. Notwithstanding anything to the contrary in Ordinance 7753 and this chapter, no badge may be issued except by order of the chief administrative officer. A county badge may be issued to and possessed by only those persons who meet one or more of the following criteria: 5.64.135 Sheriff's 150-year commemorative badge. A. The chief administrative officer may issue a commemorative badge to mark the 150th year of the Los Angeles County Sheriff's Department for use as an official badge by the sheriff and deputies of the sheriff's office during the calendar year 2000. The commemorative badge shall be issued in the design approved by the sheriff. Commemorative badges issued to deputies of the sheriff’s office shall bear the title "Deputy Sheriff." 5.64.140 Issuance -- Restrictions generally. No badge, cap-piece, identification card or lapel insignia shall be issued to or be used, worn or carried by any person unless his duties involve the active enforcement of law or unless he performs other public duties which in the judgment of the board of supervisors are such as to require that he do so for purposes of identification. (Ord. 7753 § 21, 1960.) 5.64.150 Quantity. A. Where a position or class is specified within a department in this chapter it shall be understood that the number of badges authorized for this position or class in this department is identical to the number of such positions legally established for that department, except as provided elsewhere. There shall not be issued and outstanding at any one time more than the number of badges authorized plus 10 percent, or 100 badges for each department, whichever additional quantity may be the least. 5.64.160 Issuance -- Records to be kept. Department heads shall be responsible for and at all times shall keep a record of all badges issued, which records shall show among other things: The name of the person to whom the badge was issued, the date of the issuance, the number of the badge, the maximum number of badges which may be issued, all badges which are thereafter returned, and the number of badges lost, stolen or misplaced, and any other information deemed necessary to keep a accurate account of the distribution and control of badges. (Ord. 7753 § 25, 1960.) 5.64.170 Loan of badges -- Conditions. The department head may grant written permission to a person who has been issued a badge or cap-piece under the terms of this chapter to permit the loan of such badge or cap-piece when such loan is deemed to be in the public interest and is to be used for educational or public information purposes. Such loans shall be made only upon conditions agreed to by the department head and the employee involved. (Ord. 7753 § 31, 1960.) 5.64.180 Return of badges required -- Statement on receipt. A. All official badges shall remain the property of the county of Los Angeles and shall at no time become the personal property of any individual except as provided for elsewhere in this chapter. When any person severs his connection with the department or retires it shall be his duty to return his official badge to his department head. 5.64.190 Loss of badges - Affidavit required -- Replacement costs. A. If any officer or employee loses an official badge which has been issued to him or her as herein provided, that person shall immediately file a police report and shall submit a copy of that report to the department head or, if that person is not appointed by a department head, to the chief administrative officer. The department head or chief administrative officer shall issue to such person another official badge only upon submission of the police report and obtaining an affidavit, or declaration signed by such person under penalty of perjury, stating that such official badge has been lost and cannot be found. 5.64.200 Sheriff's department badges -- Restrictions. A. No department of the county government shall use a design or insignia for an official badge of the department similar to the official badge used by officers and deputies of the sheriff's office. 5.64.210 Private patrols -- Issuance of badges. The sheriff shall issue badges to duly licensed private patrolmen. All of the provisions of this chapter concerning issuance, possession, display, manufacture, disposal and return of badges apply to such badges. (Ord. 7753 § 261, 1960.) 5.64.220 Private patrols -- Number of badges. The number of badges to be issued shall be equal to 1.1 of the number of private patrolman licenses issued pursuant to County Ordinance 5860. (Ord. 8851 § 1, 1965: Ord. 7753 § 262, 1960.) 5.64.230 Private patrols -- Form of badge. The badge of a private patrolman shall be metal, silver-colored, shield-type badge, with the words "County of Los Angeles" in two lines across the upper face of the badge, with the figure of a bear delineated in the center thereof, and the words "Private Patrolman" in two lines across the lower face of the badge and under the figure of the bear. Nothing else shall appear on the face of the badge except that a serial number may be imprinted at the lower point of the badge. (Ord. 8072 § 1 (part), 1961: Ord. 7753 § 263, 1960.) 5.64.240 Private patrols -- Cap-pieces. Cap-pieces shall also be issued to private patrolmen, and shall consist of a silver-colored triangular plate to be affixed at the front of the cap worn by such patrolmen and having the words "Private Patrolman" thereon. Issuance and control of such cap-pieces shall be subject to regulations governing cap-pieces as set forth in this charter. (Ord. 8072 § 1 (part), 1961: Ord. 7753 § 264, 1960.) 5.64.250 Retired badges -- Permitted when. A. Notwithstanding any other provisions of this chapter, any person who has been a duly and regularly appointed, commissioned, or elected official, officer or employee and who, prior to the effective date of the ordinance codified herein was honorably retired from such position, may carry such badge lawfully issued to him incident to his retirement if the word "Retired" is plainly shown on such badge by being engraved, embossed, or otherwise permanently affixed thereto. 5.64.260 Retired badges -- County counsel. A. Any person who retires during the calendar year 1967 from the position of county counsel shall be issued at county expense a retired badge. Such badge shall have on the face thereof the words "County Counsel Emeritus." On the back of the badge shall appear: 5.64.270 Retired badges -- Forester and fire warden. A. Any person who retires during the calendar year 1969 from the position of forester and fire warden shall be issued at county expense a retired badge. Such badge shall have on the face thereof the words "Forester and Fire Warden Emeritus." 5.64.275 Standard insignia--Emergency medical technicians. Not withstanding any other provision of this chapter, and subject to obtaining the prior approval of the State EMS Authority, the director of the department of health services may design, and prescribe rules and policies for the use and wearing of, standard pins and patches which may be affixed on clothing of prehospital care personnel as a means of identifying those persons who are currently certified as emergency medical technicians in Los Angeles County. 5.64.280 Badges and seals -- Sale, distribution and other disposal. No person, firm or corporation shall give away, sell, distribute or otherwise dispose of or expose for sale any badge or seal purporting to be or represented to be a badge or seal for any officer, employee or retired officer or employee for whom an official badge or seal is provided in this chapter, any ordinance of the Los Angeles County Flood Control District relating to badges, or by any resolution of the Air Pollution Control District or of any fire protection district in this county relating to badges to any person, firm or corporation, except the purchasing agent of the county of Los Angeles or other person duly authorized by the purchasing agent to obtain the official badge or seals for this county, the Los Angeles County Flood Control District, the Air Pollution Control District, or for any fire protection district of this county. (Ord. 7753 § 33, 1960.) 5.64.290 Unauthorized possession or use of official badges prohibited. A. A person shall not have in his possession any official badge of the county, Los Angeles County Flood Control District, Air Pollution Control District, or Fire Protection District within the county which has not been issued to him according to the provisions of the applicable ordinance or resolution. A person shall not possess any such badge after his right to wear such badge has been terminated. 5.64.300 Confiscation of badges authorized when. Any badge mentioned in this chapter shall be subject to confiscation if worn or displayed by any person other than the true holder, and shall be returned to such true holder only upon his showing that such use was without his consent, express or implied. (Ord. 7753 § 41, 1960.) 5.64.310 Manufacture of official badges. A. No person shall manufacture, make, sell, design or transfer any official departmental badge, deputy sheriff badge or any other official badge of the Flood Control District, Fire Protection District or Air Pollution Control District without the written authorization of the purchasing agent. Such person may manufacture and deliver only the number of badges authorized by the Purchasing Agent. 5.64.320 Imitations of official badges. A person shall not have in his possession any other badge, star, shield, minature, ring, charm or insignia, regardless of the size, shape or design thereof, which has on it any inscription, whether used separately, together or in any combination with any word, which is identical in design with or which so resembles an official badge of this county, the Los Angeles County Flood Control District, Air Pollution Control District or any fire protection district within this county that it may be readily mistaken for such an official badge. (Ord. 7753 § 45, 1960.) 5.64.330 Identification cards -- Issuance authorized when -- Regulations applicable. Nothing in this chapter shall prevent the issuance of identification cards by any department head or officer of the county. Identification cards shall, if used by a department, be subject to the same regulations as to issuance, possession, display, and loss and return, that govern badges. (Ord. 7753 § 47 (1), 1960.) 5.64.340 Identification cards -- Form and contents. Such identification cards shall be enclosed in sealed plastic material, shall be of standard design, and incorporate such information as the photograph of the bearer, a print of his right index finger, his name, title, name of department for whom working, his signature, and any other information that is from time to time deemed necessary, except that identification cards prepared by photographic process may omit the fingerprint of the bearer and need not be enclosed in a sealed plastic case, and identification cards for use within a department for payroll or similar identification purposes may omit the photograph and fingerprint of the bearer and need not be enclosed in a sealed plastic case. (Ord. 7753 § 47 (2), 1960.) 5.64.350 Violation -- Penalty. Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25.00 and not more than $100.00, or by imprisonment in the County Jail for not more than 60 days, or by both such fine and imprisonment. (Ord. 7753 § 49, 1960.) 5.64.360 Violation of Section 5.64.090 or Section 5.64.130 -- Penalty. Any person violating any of the provisions of Sections 5.64.090 or 5.64.130 shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of Sections 5.64.090 or 5.64.130 shall be punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for a period of not more than six months, or by both. (Ord. 12122 § 2, 1980.) |