Loading...
HomeMy WebLinkAboutORD NO. 22-1446 Military Use Equipment AB 481 & Exhibit A (SIGNED)Page 1 of 4 ORDINANCE NO. 22-1446 AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADOPTING A MILITARY USE EQUIPMENT POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481. THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. A. On September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c). B. AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Hermosa Beach Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. C. In accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy. D. In accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act. E. This Ordinance will be reviewed by City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481. SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy: A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. DocuSign Envelope ID: 9A5AC44F-1F69-41EE-8269-F8594FABDCCD Page 2 of 4 C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. SECTION 3. Adoption of the Military Equipment Policy. The City Council hereby adopts the Military Use Equipment Policy, which are all attached hereto as Exhibit “A”. SECTION 4. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations). SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 7. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage. SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this 10th day of May, 2022 by the following vote: AYES: Councilmembers Campbell, Massey, Mayor Pro Tem Jackson, and Mayor Detoy. NOES: None. ABSTAIN: None. ABSENT: None. DocuSign Envelope ID: 9A5AC44F-1F69-41EE-8269-F8594FABDCCD Page 3 of 4 ______________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: _________________________________ ____________________________________ Myra Maravilla, Michael Jenkins, City Clerk City Attorney DocuSign Envelope ID: 9A5AC44F-1F69-41EE-8269-F8594FABDCCD HERMOSA BEACH POLICE DEPARTMENT S2.31 MILITARY EQUIPMENT USE POLICY Effective 03/28/2022 PURPOSE The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Billy 481 (“AB 481”). (California Government Code 7070, et seq.). POLICY It is the Policy of the Hermosa Beach Police Department (“HBPD” or “Department”) that members of this Department comply with the provisions of Government Code section 7071 with respect to military equipment. DEFINITIONS Definitions related to this Policy include those provided in Government Code section 7070, and as follows: Governing body – City Council of the City of Hermosa Beach (“City Council”). Military Equipment – Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this policy. • High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this Policy. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this Policy. • Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this Policy. • Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this Policy. • Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to employees of the HBPD. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. • Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD). • The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. • Any other equipment as determined by the City Council to require additional oversight. ANNUAL REPORT The HBPD shall provide the City Council with an annual military equipment report regarding our approved military equipment within one year of this Policy’s approval, and annually thereafter, for as long as military equipment is available for use by the HBPD. The most recently completed annual military equipment report will also be made publicly available on the HBPD’s internet website at least thirty (30) days prior to the HBPD providing the annual military equipment report to the City Council. The HBPD will continue posting annual military equipment reports on the HBPD’s internet website for as long as military equipment is available for use by the HBPD. The annual military equipment report shall, at a minimum, include the following information: 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of this Policy, and any actions taken in response. 4. The total annual cost for each type of military equipment. This will include acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs. This will also include from what source the funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the HBPD intends to acquire additional military equipment in the next year, the report will include the quantity sought for each type of military equipment. COMMUNITY ENGAGEMENT The HBPD shall make proposed changes to this Policy available on HBPD’s internet website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. Within thirty (30) days of submitting and publicly releasing an annual military equipment report pursuant to this Policy, the HBPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report, and the HBPD’s funding, acquisition, or use of military equipment. MILITARY EQUIPMENT INVENTORY The HBPD’s inventory of military equipment is attached to this Policy as Exhibit “A,” and is incorporated into this Policy by this reference. Exhibit “A” will be updated annually during preparation for the annual military equipment report, and its updated version will be replaced within this policy prior to the annual military equipment report being submitted to the City Council. MILITARY EQUIPMENT COORDINATOR The Chief of Police or their designee, should assign at least one HBPD employee, who should be at or above the rank of Sergeant, to be the Military Equipment Coordinator. The Military Equipment Coordinator may receive assistance from other HBPD employees or HBPD volunteers. The responsibilities of the Military Equipment Coordinator include, but are not limited to: 1. Conducting an inventory of all military equipment owned or operated by the HBPD at least annually, and prior to preparing the annual military equipment report. This inventory includes the aggregate cost and quantity for each type of ammunition controlled by this policy that was purchased since the submission of the previous year’s annual military equipment report. 2. Preparing the annual military equipment report for submission to the City Council pursuant to the section of this Policy titled, “Annual Report;” and ensuring that this report is displayed on the HBPD’s internet website at least thirty (30) days prior to any public hearing concerning military equipment and keeping it on the HBPD’s internet website for as long as military equipment is available for use by the HBPD. 3. Preparing for, scheduling, advertising, and coordinating the annual military equipment community engagement meeting within thirty (30) days of submitting and publicly releasing an annual military equipment report. 4. Answering questions, responding to concerns, and receiving complaints from the public about the HBPD’s possession or usage of military equipment. The Military Equipment Coordinator may be used as a subject matter expert if a complaint involves the possession or use of military equipment. COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member this Department shall be approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Hermosa Beach, or otherwise engaged in law enforcement operations in the City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. QUESTIONS, CONCERNS, OR COMPLAINTS Any member of the public may direct questions, concerns, or complaints related to the equipment controlled by this Policy to any member of the HBPD, in person or by any electronic means, including by calling the HBPD’s non-emergency business number (#310-318-0360). If a HBPD member’s response is deemed unsatisfactory, then the question(s), concern(s), or complaint(s) should be forwarded to the Military Equipment Coordinator who should respond in a timely manner. If the Military Equipment Coordinator’s response is deemed unsatisfactory, or if the Military Equipment Coordinator believes it would be more appropriate to do so, then the question(s), concern(s), or complaint(s) should be forwarded to an on-duty watch commander, or up their chain of command. COMPLIANCE Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations and, or actions. APPROVED. Paul LeBaron Chief of Police