Chapter 2.36
POLICE DEPARTMENT AND POLICE RESERVE

Sections:

2.36.190    Adherence to state standards.

2.36.200    Military equipment policy.

2.36.190 Adherence to state standards.

Pursuant to Sections 13510(c), 13512 and 13522 of Chapter 1, Title 4, Part 4 of the Penal Code, the City while receiving aid from the state pursuant to said Chapter 1 will adhere to the standards for recruitment and training established by the State Commission on Peace Officer Standards and Training (Commission). (Ord. 2065 § 1(A), 2018; Ord. 1291 § 2, 1988)

2.36.200 Military equipment policy.

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The proposed military equipment policy (“policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;

3. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) 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.

B. The police department has submitted a proposed policy to the City Council and has made those documents available on the police department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.

C. The policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

D. The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.

E. The police department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (A)(1) through (A)(4) of this section.

F. The City Council shall review this section, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

G. The City Council approves the policy and its use and finds that it satisfies the requirements of Government Code Section 7070(d). (Ord. 2134 § 1, 2022)