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Item No. 8. 
MEETING DATE: 03/07/2022
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Adam Foster, Chief of Police

 
SUBJECT: RECEIVE THE MILITARY EQUIPMENT USE POLICY FOR REVIEW PER ASSEMBLY BILL 481

RECOMMENDATION:


That the City Council receive and review the attached proposed military use policy that will be considered at a duly noticed Public Hearing on April 18, 2022.

DISCUSSION:

Assembly Bill 481 (“AB 481”) went into effect on January 1, 2022, and 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.  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 must adopt a policy governing its use.

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 to require 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.

AB 481 requires special noticing of the proposed military equipment policy.  At least 30 days before a duly noticed 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 for review.

In accordance with the law, the proposed policy (attached) is being presented tonight for City Council review, and was posted on the La Habra Police Department’s website on March 4, 2022, so that the special noticing requirements can be met with more than 30 days before the required duly noticed Public Hearing that will be held on April 18, 2022.  At that public hearing, City Council will be asked to review, consider and approve this policy and adopt an urgency ordinance so that the policy will take effect immediately at that time to comply with the May 1, 2022, deadline imposed by the State.

FISCAL IMPACT/SOURCE OF FUNDING:

None

GENERAL PLAN RELEVANCE:

PS 1.4 Operations and Facilities
PS 1.6 Technology

Attachments