That the City Council APPROVE AND ADOPT URGENCY ORDINANCE NO. ______ ENTITLED: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY OF THE CITY OF LA HABRA, CALIFORNIA, GOVERNING THE USE OF MILITARY EQUIPMENT AND DECLARING IT AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION.

Assembly Bill 481 (AB 481) requires cities in California to adopt an ordinance establishing a military equipment use policy before using, purchasing, raising funds for, or acquiring "military" style equipment.  Pursuant to this new law, “Military equipment” is defined in Gov. Code Section 7070 as:

(1) Unmanned, remotely piloted, powered aerial or ground vehicles.
(2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.  However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) 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 subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.
(7) 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 subdivision.
(8) Firearms of .50 caliber or greater.  However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater.  However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions:  40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency that requires additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Based on the definition in this law, the La Habra Police Department currently has military style equipment and, in order to comply with the new law, the City is required to adopt a policy governing its use.  AB 481 mandates special public notice of the proposed military equipment policy.  At least 30 days before a public hearing where adoption of the policy will be discussed, the City must:  (1) post the proposed policy and related documents on the police department’s website; and (2) submit the policy to the City Council itself.

The proposed policy was posted on the La Habra Police Department’s website on March 18, 2022, and in compliance with notice requirements, the policy was provided to Council at the March 7, 2022, City Council meeting for initial review. If the City Council adopts this proposed policy, it will take effective immediately in order to comply with the May 1, 2022, deadline imposed by the State.