FAQ's

The station is open 24 hours a day, seven days a week, however, administrative and detective personnel primarily work weekdays during normal business hours. The following services are available:

        ·         Fingerprinting
·         Citation sign-offs / Proof of Corrections
·         Vehicle Identification Number verification
·         Copy of Crime or Traffic Accident reports
·         Vacation House Checks
·         Senior Citizen Checks
·         Tow Release
·         Convicted Felon Register
·         Lost & Found
·         Crime Reports
·         Radar Trailer Requests
·         Traffic Control requests
·         Security Requests
·         Civil Stand-Bys / Keep the Peace
·         Volunteer Services
·         Police Department Tours
·         School /Group Lectures
·         Additional services available

2) What is the difference between a Bear Valley Police Officer, Sheriff's Deputy, Highway Patrol Officer and the State Police?

All four are peace officers and are authorized under the California penal code with identical police powers anywhere in California.

a) Bear Valley Police Officers (BVPD) work for the Bear Valley Community Services District providing law enforcement services for the more than 50 square miles of mountains and valleys falling under BVCSD’s realm of responsibility. The Bear Valley PD is an independent police agency specifically within the District of Bear Valley. A Bear Valley Police Officer will routinely be seen conducting law enforcement activities outside the entrance gate of Bear Valley. This is due to their responsibility to provide law enforcement for the Bear Valley Community Services District’s property limits that exist outside the gated area and extend into and around the Cummings Valley area. Bear Valley Police Officers also assist neighboring districts and the city of Tehachapi when these perspective law enforcement agencies request additional law enforcement manpower. Bear Valley Police Officers are given the authority by the State of California, under section 830.1 PC to act on criminal and vehicle violations observed anywhere in the state of California.

b) A Deputy Sheriff works for the County Sheriff's Department. California is divided into counties. The Kern County Sheriff's Department provides the law enforcement In Kern County communities that have not incorporated into cities or districts. They also operate the county jails, courts and coroner’s office. There are several cities and districts in Kern County that have contracted with the Kern County Sheriff's Department to provide law enforcement services in their communities, while other independent cities and districts maintain their own police department. These independent cities and districts however may contract with the county for fire services.

c) California Highway Patrol Officers provide traffic-related enforcement in various communities as well as on freeways and state highways while State Police Officers provide law enforcement services for State owned and/or operated properties, buildings and leased lands. California Peace officers have police powers throughout the state of California. The California Highway Patrol generally patrols the freeways and highways, however any police officer or deputy sheriff can cite or arrest for a violation observed on these roadways.

3) I am required to register with local law enforcement. What do I need to do?

If you have previously registered with our Police Department as a narcotic offender and you need to complete a change of address, you may do so through the mail. A letter indicating your full name, date of birth, and new address with a copy of your old registration receipt may be mailed to the PD at 25101 Bear Valley Road, Tehachapi, CA 93561.

All first time registrants, registrants moving into Bear Valley, all sex, arson, and gang registrants, or those individuals ordered by the court to be fingerprinted and photographed, must appear in person at the Police Department.

4) How do I get access to the list of convicted child molesters in my area?

A statewide database and information system designed to keep resident's informed of such information is available. Citizens may access this information at any time by clicking on Important Links; located on BVPD’s home page – open Community Service Providers – select Registered Sex Offenders. This link will provide information regarding Megan's Law (sex offender registry) or go to http//www.meganslaw.ca.gov/

5) What are the definitions of the different types of crimes?

There are 3 Types of crime:

Infraction: A public offense punishable by only a fine is an infraction. Normally, the offender is issued a citation in place of arrest. A person charged with an infraction is not entitled to a jury trial or to representation by a public defender, except in cases involving arrest. The only time a person would be physically arrested for an infraction is for refusal to sign the citation. A public defender may be appointed later if the person was refused bail or not released under his or her own recognizance.

Misdemeanor: A misdemeanor is a crime of lesser gravity than a felony. Misdemeanors are punishable by a fine and/or imprisonment in a county jail. If convicted the violator will be placed on probation and may be ordered to pay restitution to parties involved. Unless otherwise specified, every misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1000.00, or by both (Penal Code Section 19).

Felony: A felony is a crime, punishable by a fine and/or imprisonment in state prison for no less than one year or the death penalty (Penal Code Section 17). If convicted of a felony a person may be required to pay restitution, register as a sex offender, gang member and or arsonist. A person convicted of a felony may also be placed on county probation or state parole.

Juveniles: Juveniles who commit any of the above crimes are detained and/or are taken to Bear Valley Police Department pending either transportation to Kern County Juvenile Hall located at 1831 Ridge Road, Bakersfield, CA (phone# 661-868-4313) or released to their parent/guardian. If released to a parent/guardian the juvenile may have to appear in court regarding the matter. They will be issued a notice to appear or notified by mail. If a juvenile is convicted of a misdemeanor/felony he or she may also be subjected to the above mentioned punishments (fines, restitution, incarceration, probation & parole).

6) How can I have my fingerprints taken?

LIVE SCAN Fingerprints for job applications and court procedures are available at Bear Valley PD every Tuesday through Thursday (except holidays) from 10:30 AM to 1:30 PM at a cost of $20.00 (Bear Valley PD will accept personal checks or cash). You must present a completed “Request For Live Scan Services” form. These forms are not available at the PD. Your perspective employer or licensing agency must provide them to you. You must present valid photo ID. It is strongly advisable to call (661-821-3239) and schedule an appointment prior to coming to the PD for printing.

For additional LIVE SCAN locations, see the Office of Attorney General website: http://ag.ca.gov/fingerprints/publications/contact.htm

The Bear Valley Police Explorers offer “Kidd Prints” for parents. This is a Child Identification Kit and is available to all parents for a donation of $5.00 to the BVPD Explorer Post #320. Please call (661-821-3239) and schedule an appointment during after-school hours or weekends.

7) How do I obtain a Clearance Letter?

You must bring your photo-identification to Bear Valley PD to apply for a Clearance Letter. The current cost is $20.00 payable to BVPD (Bear Valley PD will accept personal checks or cash).

8) How do I obtain a restraining order against someone?

These are orders from a judge, restricting specific contact between specific people. They can be applied for at the court that has jurisdiction for your area. For the Bear Valley area this is:

Superior Court of California, County of Kern, East Division

1773 Hwy 58

Mojave, CA 93501

(661) 824-7100

If you need to file paperwork, call first to confirm that this location can accept paperwork for your type of case.

Customer Service Hours:

Mon, Tue, Wed, Fri (8:00 a.m. - 5:00 p.m.)

Thu (8:00 a.m. - 4:00 p.m.)
(court holidays excluded)

Family Law Facilitator is in this branch every other Monday from 9:30 a.m. - 3:00 p.m.

In certain domestic violence situations, peace officers can obtain emergency protective orders (only valid until the victim can apply for a restraining order from the local court).For more information, contact the Superior Court of California, County of Kern, East Division or go on-line to http://www.courtinfo.ca.gov/selfhelp/protection/dv/restraining.htm

9) How can I get a copy of a police report?

Depending on the nature of the report and any confidentiality issues involved, report copies from cases taken within BVCSD are generally available at Bear Valley PD. There is a fee of $5.00 for the first page and $1.00 per page thereafter of each report. If photos were taken, black & white photos will be included at $1.00 per page. Reports take approximately one week to become available - traffic accident reports may take longer. If you do not have the report file number, please be prepared to supply the date, time, location and name of the parties involved to assist us in locating the proper report. To request a report, complete a Bear Valley Police Department Request Form. After the report is ready for release, BVPD’s Record Supervisor will notify you the document/s are ready for pick up.

10) If my car has been towed, how do I locate it?

If the Police Department stored or impounded your vehicle, you should call the Police Department’s 24-hour business line (661-821-3239). Our personnel can provide you with that information. In most cases, you will be responsible for paying any towing and storage charges or fees directly to the towing company and possibly the police department.

11) How do I get a citation signed off for proof of correction?

Bring the vehicle, the citation and identification to the Police Department for inspection. There is a $20 fee required. After proof of correction the citation must be mailed or given to the court for final clearance.

12) Where can I find information on Bear Valley Community Services District and Kern County Ordinance Codes?

Bear Valley Community Services District’s Ordinances can be found by clicking on Important Links; located on Bear Valley PD’s home page – open Bear Valley Springs Community – select Bear Valley Community Services District – select District Code. This will provide the current BVCSD’s Ordinances.

For Kern County Ordinances, go to: http://www.co.kern.ca.us/- select county ordinances. This will provide the most currently posted Kern County ordinances.

13) How can I find out the progress of an investigation or court case?

Contact the BVPD investigator between the hours of 8:00 am – 5:00 pm Monday through Thursday. If you do not have the report file number, please be prepared to supply the date, time, location and name of the parties involved to assist us in locating the proper report.

14) How do I volunteer to help at my local Station?

The Bear Valley Police Department has several programs for people to become involved in our community. Please stop by the PD and visit with one of our personnel for information regarding the following opportunities:

VIPS – Volunteers in Police Services

Bear Valley Police Explorer Program

Bear Valley Police Reserve Program

15) What is a citizen's arrest?

You have the right to arrest another person for a criminal act they commit in your presence. Unless absolutely necessary, you should avoid taking direct action and call us to avoid being injured or sued for false arrest. In some specific situations, limitations in the laws may make it necessary for a police officer to have you make a citizen's arrest. In this case, you must sign a private person's arrest form, but the police officer will physically take the person into custody and ensure that they are properly arraigned in court. You may be required to testify in court.

16) How do I find out about the status of a person who has been arrested?

Call the Bear Valley PD. If the person in question has been transported to the county facility you will be directed to contact The Kern County Sheriff’s Central Receiving Facility located at:

Kern County Sheriff's Office
1415 Truxtun Ave
Bakersfield, CA 93301
(661) 868-6850

Or go to http://www.kernsheriff.com/misc/inmatesearch/Pages/default.aspx

17) Who should I call to complain or compliment a Bear Valley Police Officer?

All California police agencies have a procedure for investigating complaints about individual officers or Department procedures in general. For incidents involving Bear Valley Police Department personnel or procedures, you can call the on-duty Sergeant at 661-821-3239. For incidents involving other local law enforcement agencies, you should contact the agency in question directly. Compliments are much appreciated. If you feel one of our police officers or dispatchers should be recognized for their services, please feel free to contact the Chief or simply write to:

Chief Terry Freeman

Bear Valley Police Department

25101 Bear Valley Road

Tehachapi, CA 93561

18) What happens if I refuse to sign a traffic ticket I disagree with?

Signing a citation is merely your promise to appear in court for a violation. Your signature is not an admission of guilt. Only a judge can levy punishments. When a person refuses to sign a citation, a police officer is required to arrest and bring the person directly before the magistrate having jurisdiction. This may involve being held at the central jail facility overnight or during the weekend until court is next in session.

19) When must a police officer read me my rights?

The Miranda decision requires officers to inform a person of their rights involving counsel and self-incrimination only in certain situations involving interrogation after arrest. Current case law (based on past court decisions) dictates specifically which situations require this advisement. Generally, only juvenile offenders are advised immediately when arrested.

20) How long will I have to wait for a police officer to respond to my call?

Calls for service are handled in order of priority based on the level of emergency each incident represents. Crimes in progress, rescues and felony crimes take precedence over non-violent crimes and report calls. Because emergency calls often require the coordinated efforts of several units, officers may be delayed arriving to non-emergency calls. Desk personnel continually review the current calls for service and should advise you by telephone if an officer expects a delay of more than thirty minutes. Please do not use the 911 telephone system for non-emergency situations.

21) Do I have to give my name when reporting a crime?

No, we will attempt to investigate an anonymous crime tip, however, court decisions impose limitations on investigations based solely on anonymous tips. We recognize that you may not want to be identified by the people you are reporting. If you have concerns, request that your information be kept confidential or that officers not contact you when they respond.

For anonymous tips, call Bear Valley PD’s TIP-LINE recording at 661-821-1457. All information is strictly confidential.

22) Often Misunderstood Terminology

a. Burglary vs. Robbery - These two theft crimes are often confused. A person who breaks into a home, business or locked car to steal is committing burglary. A person who steals from another person directly by force (like a purse snatch) or fear (threats or by using a weapon) is committing a robbery.

b. Trespassing vs. Loitering - Trespassing occurs when a person enters or remains on private property which has signs prohibiting entry or after they have been told to leave by the owner. Loitering involves remaining in a public place without business. This is most often a concern when people loiter about a public restroom to commit sex acts.

c. Terrorist Threats - Terrorist threats is a very specific felony crime involving threats of death or great injury from a person capable of committing the threat. This is often confused with people who provoke fights or with threatening phone calls (some circumstances, these are misdemeanor crimes).

d. Assault vs. Battery - The severity of the crime and punishment involved in assaults depends on many specific factors including whether the person actually struck another or just tried, whether a weapon was used, what kind of injury resulted (or would most likely result), and the relationship between the parties (assaulting someone in a domestic relationship, a small child, or an official such as police, fire, postal workers, etc. would be a more serious crime).

e. Case Number - This is the unique number assigned to a report taken by a police officer. An officer taking a report will often leave a form with the person reporting the crime including this number. As we take hundreds of various reports each year, having this number on hand will make it much easier to reference your report.

f. Incident Numbers - Whenever an officer handles a call or stops a car, even for a warning, the computerized dispatching system attaches a unique number to that incident.

g. Racial Profiling - Peace officers are prohibited from detaining person based solely on their race.

23) Where can I obtain information on serving papers and Civil Matters?

The Bear Valley Police Department does not handle civil matters; however Police Officers will perform a civil stand-by or keep the peace. BVPD does not serve subpoenas/orders, unless the order involves Domestic Violence. The Kern County Sheriff’s Office handles civil situations and or issuance of the following civil orders: Bank, Third Party, Levy, Eviction, General, Real Property Instructions, Temporary Restraining Orders, Claim of Exemption/Enforcement of Judgments, Wage Garnishments, Out of State Documents and more.

In addition to the Kern County Sheriff’s Office there are many privately owned agencies that perform these services. Check your local phone book for process servers/services. For more information contact the Civil Section of the Kern County Sheriff’s Office.

KCSO Civil Section

1415 Truxtun Avenue
Bakersfield, CA 93301

661-868-5500

The KCSO Civil Section can be accessed at the following link:

http://www.kernsheriff.com/AdminServices/Civil/Pages/default.aspx

24) Where can I drive my golf cart/Low Speed Vehicles (LSV) in Bear Valley?

Golf Cart Operation:

21716 CVC. Except as provided in Section 21115.1 and Chapter 6 (commencing with Section 1950) of Division 2.5 of the Streets and Highways Code, no person shall operate a golf cart on any highway except in a speed zone of 25 miles per hour or less.

Low-Speed Vehicles on Bear Valley Springs Roads

To answer the question, can a low speed vehicle be operated on Bear Valley Springs roadways; we must first define a low-speed vehicle. California Department of Motor Vehicles Code Section 385.5, states in part:

385.5

(a) A “low-speed vehicle” is a motor vehicle that meets all of the following requirements:

(1) Has four wheels.

(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface.

(3) Has a gross vehicle weight rating of less than 3,000 pounds.

(b)(1) For the purposes of this section, a “low-speed vehicle” is not a golf cart

(2) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.”

Take note the description includes the restriction that a low-speed vehicle must not be capable of attaining a speed of more than 25 miles per hour on a paved level surface. This means if the vehicle was built or has been modified to attain a speed greater than 25 miles per hour, it is no longer classified as a low-speed vehicle and does not qualify for the relaxed Federal Motor Vehicle Standards established for low-speed vehicles and instead shall meet all Federal Motor Vehicle Safety Standards for a passenger vehicle, including Part 571-595. Simply put, a low-speed vehicle built or modified to reach a speed greater than 25 miles per hour is illegal on any Bear Valley Springs roadway.

The relaxed standards for a low-speed vehicle can be found in the Federal Motor Vehicle Safety Standards in Section 571. 500 of Title 494 of the Code of Federal Regulations. It states in part:

Each low-speed vehicle shall be equipped with:

(1) Headlamps,

(2) Front and rear turn signal lamps,

(3) Tail lamps,

(4) Stop lamps,

(5) Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear,

(6) An exterior mirror mounted on the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the vehicle or an interior mirror,

(7) A parking brake,

(8) A windshield

A low-speed vehicle that meets the applicable Federal Standards must be registered and licensed with the California Department of Motor Vehicles to be operated on Bear Valley Springs roadways. The driver must have a valid driver’s license and must carry proof of financial responsibility. Once these conditions have been met, a low-speed vehicle may be operated on Bear Valley Springs roads in accordance with California Vehicle Code Sections 21251 and 21260 which state in part:

21251

· A low-speed vehicle is subject to all the provisions applicable to a motor vehicle, and the driver of a low-speed vehicle is subject to all the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or any other code, with the exception of those provisions which, by their very nature, can have no application.

21260

· The operator of a low-speed vehicle shall not operate the vehicle on any roadway with a speed limit in excess of 35 miles per hour.

· The operator of a low-speed vehicle may cross a roadway with a speed limit in excess of 35 miles per hour if the crossing begins and ends on a roadway with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees.

Bear Valley Police Department Officers will issue a citation to the driver of a low-speed vehicle who is in violation of any section of the California Vehicle Code or any other applicable code or ordinance.

25) Can I ride my ATV or Dirt Bike in BV?

All unlicensed vehicles are not allowed to operate on any roadway or street in Bear Valley. Violation of this will result in a traffic citation and/or towing of said vehicle for violating 4000(a) of the California Vehicle Code.

If a resident contacts the police department and complains about someone operating any off road vehicle described below, they may be cited for the following California Penal Code section;

PC 415. Any of the following persons shall be punished by imprisonment in the county jail for a period of not more than 90 days, a fine of not more than four hundred dollars ($400), or both such imprisonment and fine:

(2) Any person who maliciously and willfully disturbs another person by loud and unreasonable noise.

Bear Valley Springs ECC Rule: Section 107: Vehicles/Trailers/Equipment

D: Off-Road Vehicles/Quads/Dune Buggies

All vehicles designed to be used primarily for off-road use, including, but not limited to, quads, dune-buggies, motorized cycles, and other similar equipment and devices, are prohibited from operating on any property or Common Areas in Bear Valley Springs. Without limiting the generality of the foregoing, no motorized vehicles or cycles of any kind whatsoever may be operated or allowed on the horse trials within Bear Valley Springs.

26) When do my kids have to wear a helmet? (bikes, skates, scooters, skateboards, etc)

21212 CVC. (a) A person under 18 years of age shall not operate a bicycle, a non-motorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a non-motorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.

27) Am I allowed to shoot air guns in BV? (paintball, air-soft, BB, Pellet)

Kern County Code/Ordinance: 9.20.010 Discharging BB or other projectile device in grossly negligent manner--Punishment--Definitions--Firearms.

A. Except as otherwise authorized by law, any person who willfully or with gross negligence discharges or uses a BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile in a grossly negligent manner which could result in injury to any person or property is guilty of an infraction and shall be punished by a fine of fifty dollars ($50.00).

B. For purposes of this chapter, the term “BB device” means any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.

C. Discharge of firearms or other dangerous weapons shall continue to be governed by and enforced under state and federal law. (Ord. G-6756 § 3, 2001)

28) Where do I park my car if the gate is closed?

Normally the gate area is open 24 hours a day, seven days a week. In incidences where it is necessary to close the entrance du to weather conditions or emergencies, vehicles may park in any available parking lot or off the roadways. Unauthorized parking in handicapped spaces will be cited. Any vehicles left in the roadways during times when snow removal is required will be subject to citation and/or towing per California Vehicle Code 22510.

California Vehicle Code Section 22510

(a) Local authorities may by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets o highways within their jurisdiction, or portions thereof, for the purpose of snow removal. The ordinance or resolution shall not be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or until the local authorities have caused to be posted in a conspicuous place at each entrance to the street or highway, a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the days parking is prohibited. The signs shall, at a minimum, be placed on each affected street or highway, at the boundary of the local authority, and at the beginning and end of each highway or highway segment included in that area. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within the area marked by signs, except when necessary to avoid conflict with another traffic or in compliance with the directions of a traffic or peace officer.

(b) No ordinance or resolution authorized by subdivision (a) which affects a state highway shall be effective until it is submitted to, and approved by, the Department of Transportation.

(c) The Department of Transportation, with respect to state highways, may restrict the parking or standing of vehicles for purposes of snow removal. The restrictions shall not be effective until the highway, or portion thereof, has been posted with signs in accordance with the uniform standards and specifications of the department. No person shall stop, park or leave standing any vehicle, whether attended or unattended, within the area marked by parking restriction signs, except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or peace officer.

29) What can I do about my neighbors barking dog?

When a complaint is received of barking dogs, our current procedure is the following:

A Peace Officer responds to the “Disturbing Parties” home to verify if a nuisance does exist.

Once identified and confirmed, the Officer attempts to contact the dog owner and request them to take action.

If the owner refuses to cooperate or take any action, the complaining party is referred to the Kern County Animal Control Services and the Bear Valley Springs Home Owners Association and/or issued a citation per Kern County ordinance 7.08.380.

Bear Valley Springs ECC Rules Section 1901. GENERAL

(g) The following protective measures for domestic animals and wildlife must be practiced:

a. Dogs must be on a leash when off their owner’s property. Dogs running at large are prohibited by Kern County Ordinance. [Ref: CSD Code 30201]

Bear Valley Springs ECC Rules Section 1902. ANIMALS PERMITTED IN BVS – GENERAL

(C) Notwithstanding the foregoing, no pet or other animal may be kept in BVS that is obnoxious or unreasonably annoying to other persons or creates a nuisance. The term nuisance includes, but is not limited to, habitual running a t large, howling, screeching, yelping, barking, or other noise that disturbs or annoys other persons. (Amended 1/27/01)

Kern County Ordinance 7.08.380 Animals creating a nuisance.

A. The keeping or harboring of any animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or any neighborhood is unlawful and is a public nuisance, and each day that such act is continued constitutes a separate offense. It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal or fowl committing such act is a public nuisance.

B. Upon proof satisfactory to the director or any peace officer, of a misdemeanor violation of subsection A, the case may be directly filed with the district attorney. When the director, any animal control officer or peace officer personally witnesses a public nuisance, as described by the complainant and this section, he may issue a citation. The first violation of this section shall be punishable as an infraction. The second and subsequent violations of this section shall be a misdemeanor punishable as provided in Section 1.12.030 of this code. (Ord. G-7076 § 2, 2004: Ord. G-6942 § 5 (part), 2002)

30) Does the Bear Valley Police Department enforce Bear Valley Springs Association ECC rules and regulations?

All complaints regarding ECC ruling violations should be referred to the Bear Valley Springs Association Office.