HomeMy Public PortalAboutOrdinance 1148ORDINANCE NO. 1148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAUMONT, CALIFORNIA, FOR THE ADOPTION OF A MILTARY
EQUIPMENT USE POLICY, OTHERWISE REFERRED TO HEREIN AS A
SPECIALIZED POLICE EQUIPMENT USE POLICY, PURSUANT TO ASSEMBLY
BILL 481 AND GOVERNMENT CODE §7070 FOR BEAUMONT POLICE
DEPARTMENT
THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1 Findings: The acquisition of military equipment, otherwise referred to herein as
specialized police equipment or equipment, and its deployment in our communities impacts the
public's safety and welfare, may increase risk of civilian deaths, may pose risks to civil rights,
civil liberties, and physical and psychological well-being, and incurment of significant financial
costs. The public has a right to know about any funding, acquisition, or use of equipment by
local government officials, as well as a right to participate in any government agency's decision
to fund, acquire, or use such equipment. Decisions regarding whether and how this equipment is
funded, acquired, or used should give strong consideration to the public's welfare, safety, civil
rights, and civil liberties, and should be based on meaningful public input. Legally enforceable
safeguards, including transparency, oversight, and accountability measures, must be in place to
protect the public's welfare, safety, civil rights, and civil liberties before this equipment is
funded, acquired, or used. The lack of a public forum to discuss the acquisition of this equipment
jeopardizes the relationship police have with the community, which can be undermined when
law enforcement is seen as an occupying force rather than a public safety service.
The City Council finds that the Use Policy will apply to specialized police equipment (military
equipment) acquired prior to January 1, 2022, and will provide the public with the highest,
industry leading standards of public safety, mitigating damages and injuries to both the public
and law enforcement personnel. The City Council also finds that the Use Policy will safeguard
the public's welfare, safety, civil rights, and civil liberties.
SECTION 2 Purpose: To establish a funding, use and acquisition policy that is developed with
consideration of the public's concerns about safety, civil rights and the publics welfare. On
September 30, 2021, California Governor Gavin Newsom signed AB 481, which became
effective January 1, 2022. AB 481 identifies certain specialized law enforcement equipment as
`military equipment' and requires oversight from the City Council for purchase and use of what
the bill has deemed `military equipment.' The law requires the Beaumont Police Department to
create a Use Policy that has been adopted by the City Council after holding public meetings to
seek the public's input.
SECTION 3 Authority: This ordinance is adopted pursuant to AB 481, codified at Chapter 12.8
to Division 7 of Title 1 of the Government Code commencing with §7070. These statutes provide
for funding, acquisition, and use of `military equipment,' otherwise referred to as specialized
police equipment, for law enforcement agencies throughout the state of California.
SECTION 4 CEQA: The City Council hereby finds and determines that adoption of this
ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act ("CEQA Guidelines") because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
SECTION 5 DEFINITIONS: As used in this ordinance, the following terms shall have the
following meanings:
A. "Governing Body" means the elected body that oversees a law enforcement agency. In
this case, the governing body means the City Council of the City of Beaumont.
B. "Law Enforcement Agency" means a police department.
C. "Public Meetings/Public Hearings" means regular meeting held pursuant to the Bagley -
Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
D. "Military Equipment" means the following:
(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.
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
(3)
(8)
(9)
ram designed to be operated by one person, are specifically excluded from this
subdivision.
Firearms of .50 caliber or greater. However, standard issue shotguns are
specifically excluded from this subdivision.
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.
E. "Military Equipment Use Policy" means a publicly released, written document
governing the use of military equipment by a law enforcement agency or a state agency
that addresses, at a minimum, all the following:
(1) Description of each type of military equipment, the quantity sought, its
capabilities, expected lifespan, and product descriptions from the
manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or
the state agency proposes to use each type of military equipment.
The fiscal impact of each type of military equipment, including the initial
costs of obtaining the equipment and estimated annual costs of maintaining
the equipment.
(3)
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on Peace
Officer Standards and Training, that must be completed before any officer,
agent, or employee of the law enforcement agency or the state agency is
allowed to use each specific type of military equipment to ensure the full
protection of the public's welfare, safety, civil rights, and civil liberties and
full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy,
including which independent persons or entities have oversight authority, and,
if applicable, what legally enforceable sanctions are put in place for violations
of the policy.
For a law enforcement agency, the procedures by which members of the
public may register complaints or concerns or submit questions about the use
of each specific type of military equipment, and how the law enforcement
agency will ensure that each complaint, concern, or question receives a
response in a timely manner.
F. "State agency" means the law enforcement division of every state office, officer,
department, division, bureau, board, and commission or other state body or agency,
except those agencies provided for in Article IV (except Section 20 thereof) or Article
VI of the California Constitution.
(7)
G. "Type" means each item that shares the same manufacturer model number.
SECTION 6 USE POLICY:
A. The Use Policy submitted for approval shall include:
(1) A description of each type of equipment, the quantity sought, its capabilities,
expected lifespan, and product descriptions from the manufacturer of the
military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or
the state agency proposes to use each type of equipment.
(3) The fiscal impact of each type of equipment, including the initial costs of
obtaining the equipment and estimated annual costs of maintaining the
equipment.
(4) The legal and procedural rules that govern each authorized use.
(5) The training, including any course required by the Commission on Peace
Officer Standards and Training, that must be completed before any officer,
agent, or employee of the law enforcement agency or the state agency is
(7)
allowed to use each specific type of equipment to ensure the full protection
of the public's welfare, safety, civil rights, and civil liberties and full
adherence to the Use Policy.
(6) The mechanisms to ensure compliance with the equipment Use Policy,
including which independent persons or entities have oversight authority,
and, if applicable, what legally enforceable sanctions are put in place for
violations of the policy.
For a law enforcement agency, the procedures by which members of the
public may register complaints or concerns or submit questions about the use
of each specific type of equipment, and how the law enforcement agency will
ensure that each complaint, concern, or question receives a response in a
timely manner.
B. This Ordinance approves:
(1) Beaumont Police Department's Policy 709 Military Equipment attached
hereto as Attachment A and may be amended in accordance with this
ordinance.
SECTION 7 COMPLIANCE: The City Council shall determine, based on the annual
equipment report submitted pursuant to Government Code §7072, whether each type of
equipment identified in that report has complied with the standards for approval set forth as
follows:
A. The equipment is necessary because there is no reasonable alternative that can achieve
the same objective of officer and civilian safety.
B. The proposed equipment Use Policy will safeguard the public's welfare, safety, civil
rights, and civil liberties.
C. If purchasing the equipment, the equipment is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior equipment use complied with the equipment Use Policy that was in effect at the
time, or if prior uses did not comply with the accompanying military Use Policy,
corrective action has been taken to remedy nonconforming uses and ensure future
compliance.
If the City Council determines that a type of equipment identified in that annual equipment
report has not complied with the standards for approval set forth above, the City Council shall
either disapprove a renewal of the authorization for that type of equipment or require
modifications to the Use Policy in a manner that will resolve the lack of compliance.
SECTION 8 ANNUAL RENEWAL: The City Council shall annually review this ordinance
during a public hearing and either disapprove a renewal of the authorization for a type, as
defined, of equipment or amend the equipment Use Policy if it determines, based on an annual
equipment report prepared by the law enforcement agency, as provided, that the equipment does
not comply with the above -described standards for approval.
SECTION 9 SEVERABILITY: If any sentence, word, phrase, section or provision of this
ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered
a separate, distinct and independent provision and such holding shall not affect the validity and
enforceability of the other provisions of this ordinance.
SECTION 10 PUBLICATION AND CERTIFICATION: The City Clerk shall cause this
ordinance to be published at least once in a newspaper of general circulation published and
circulated in the City within fifteen (15) days after its passage in accordance with Section 36933
of the Government Code, shall certify to the adoption of this ordinance, and shall cause this
ordinance and certification, together with proof of publication, to be entered in the book of
ordinances of the Council of this City.
SECTION 11 EFFECTIVE DATE: This ordinance shall take effect thirty-one days after its
adoption.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont,
California, approves an amendment to the City Code.
MOVED AND PASSED upon first reading this 19th day of April, 2022, by the following roll call
vote:
AYES: Lara, Santos, Fenn, Martinez, White
NOES:
ABSTAIN:
ABSENT:
MOVED, PASSED AND ADOPTED this 3rd day of May, 2022, upon second reading by the
following roll call vote:
AYES: Lara, Santos, Fenn, Martinez, White
NOES:
ABSTAIN:
AB SENT:
Lloyd White, Mayor
Attest:
Nicole Wheelwright,4puty City Clerk
Approved as to form:
ohn O. Pinky ' ity Attorney
Attachment A
The Beaumont Police Department — Policy Manual
Policy 709 Military Equipment
Policy
709
Beaumont Police Department
Beaumont PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
State
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting
requirements of military equipment (Government Code § 7070; Government Code § 7071;
Government Code § 7072).
709.1.1 DEFINITIONS
State
Definitions related to this policy include (Government Code § 7070):
Governing body — The elected or appointed body that oversees the Department.
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.
• High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• 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. This
does not include a handheld, one -person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard -issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise -flash diversionary devices and explosive breaching tools.
• Munitions containing tear gas or OC, excluding standard, service -issued handheld
pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
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709.2 POLICY
State
It is the policy of the Beaumont Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
Best Practical
The Chief of Police should designate a member of this department to act as the military equipment
coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying department equipment that qualifies as military equipment in the current
possession of the Department, or the equipment the Department intends to acquire
that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of Beaumont Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition,
and use of equipment.
Preparing the annual military equipment report for submission to the Chief of Police
and ensuring that the report is made available on the department website (Government
Code § 7072).
Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Department will respond in a timely manner.
(f)
(g)
709.4 MILITARY EQUIPMENT INVENTORY
State
The following constitutes a list of qualifying equipment for the Department:
See attachment: AB481 Military/Specialized Equipment List
709.5 APPROVAL
State
The Chief of Police or the authorized designee shall obtain approval from the governing body by
way of an ordinance adopting the military equipment policy. As part of the approval process, the
Chief of Police or the authorized designee shall ensure the proposed military equipment policy is
submitted to the governing body and is available on the department website at least 30 days prior
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Military Equipment
to any public hearing concerning the military equipment at issue (Government Code § 7071). The
military equipment policy must be approved by the governing body prior to engaging in any of the
following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant,
soliciting, or accepting private, local, state, or federal funds, in -kind donations, or other
donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing
or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of
military equipment within the jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
not previously approved by the governing body.
Soliciting or responding to a proposal for, or entering into an agreement with, any other
person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the
use of military equipment.
Acquiring military equipment through any means not provided above.
(f)
(g)
709.6 COORDINATION WITH OTHER JURISDICTIONS
State
Military equipment used by any member of this Department shall be approved for use and in
accordance with this Department policy. Military equipment used by other jurisdictions that are
providing mutual aid to this department, or otherwise engaged in law enforcement operations in
this jurisdiction, shall comply with their respective military equipment use policies in rendering
mutual aid.
709.7 ANNUAL REPORT
State
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should
submit a military equipment report to the governing body for each type of military equipment
approved within one year of approval, and annually thereafter for as long as the military equipment
is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072
for the preceding calendar year for each type of military equipment in department inventory
709.8 COMMUNITY ENGAGEMENT
State
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold
at least one well -publicized and conveniently located community engagement meeting, at which
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Mdeugsfogintingild discuss the report and respond to public questions regarding the funding
acquisition, or use of military equipment.
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Beaumont Police Department Specialized Equipment Inventory
Type of Equipment
Quantity
Unmanned, remotely piloted aerial or ground vehicles (Aerial drones)
• Search and locate missing children or at risk adults
• Search and rescue operations to locate lost or injured hikers
• A law enforcement specific application involving aerial drones are used for
open terrain or large field searches as a force multiplier to assist in high -risk
apprehensions of armed or violent suspects. Aerial drones can be used as an
interior search tool to locate suspects barricaded inside a residence or
commercial structure.
2
Assault weapons defined under PC 30510 & PC 30515
• Semi -auto Benelli shotguns
• Increased accuracy and precision at long range distances
• Currently used by most law enforcement agencies across the nation
0
Flashbang grenades
• Light sound device (LSDD-"Flashbangs") are used to minimize risk to all
parties through the temporary distraction of armed and violent suspects
that pose significant danger to the officers and community. The effects of
the LSDD reduce a suspects reactionary capability and allow for momentary
disorientation which creates a tactical advantage. LSDD is a hand delivered
device and generally deployed on the exterior of structures
• Provides a humane fright to aggressive dogs that pose a threat to officers
0
Tear gas (Pepper Ball Launchers)
• Chemical agents are deployed through various means to include hand
delivery and weapon launchable, such as pepper ball. Munitions are either
37mm or 40mm caliber, shotgun ferret rounds or canister shotgun launched
ordinance. Hand delivered chemical agents are placed in metal burn boxes
to reduce fire hazards
5/1435
Command and control vehicles built or modified to facilitate the operation and
control of public safety units ( RV Style Mobile Command Vehicle)
• Command vehicles are built in various platforms to include %2 ton pickup
chassis, vans, trailers, and RV style configurations. Vehicles built to better
assist in command and control during law enforcement operations, natural
disasters, and public safety issues. Vehicles are designed with additional
communications abilities, computers, white boards, lighting, generators, and
mission essential supplies
40 mm Projectile Launchers
• Less lethal 40mm launchers and rubber projectile munitions are configured
for high and low energy impact. 40mm less lethal has been effective in
disarming violent suspects, armed suspects, and subjects who are suicidal
with minimal injury and risk to the person, law enforcement, or the public
1
0
Beaumont Police Department Specialized Equipment Inventory
Bean bag launchers
• Less lethal bean bags are utilized through a marked/yellow colored easily
identifiable less lethal shotgun. The bean bag round is a mall led pellet filled
munition made of high -density cloth. The bean bag is the predecessor to the
40mm less lethal having similar benefits as other less lethal platforms
10/176
Rubber projectile launchers
• Sting ball grenade launches .38 caliber rubber projectiles and are hand
delivered. Generalized use in a tactical operation is infrequent in use and
deployment. Search warrants, violent combative subjects, or hostage rescue
scenarios are criteria for consideration and use against suspects. Sting balls
have a greater application in a jail corrections environment
• 40mm and 37mm launchers capable of deploying rubber projectiles
munitions. An effective less lethal tool used routinely with success.