Chapter 2.53
MILITARY EQUIPMENT USE POLICY
Sections:
2.53.010 Title of chapter.
This chapter shall be titled "Military Equipment Use Policy." (Ord. 22-03 §1, 2022).
2.53.020 Findings.
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code Sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code Section 7070.
C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
D. The proposed military equipment use policy is found within the Kerman Police Department Policy Manual, Policy 706.
E. The military equipment use policy as set forth in Kerman Police Department Policy Manual, Policy 706 was published on the Kerman Police Department’s internet website on May 4, 2022. The Kerman Police Department Policy Manual, Policy 706 was presented to city council on May 4, 2022.
F. The military equipment use policy as set forth in the Kerman Police Department Policy Manual, Policy 706 meets the requirements of California Government Code Section 7070, subdivision (d). (Ord. 22-03 §1, 2022).
2.53.030 Determinations.
Based on the findings above, in addition to information provided to the city council at the public hearing, the city council determines as follows:
A. The military equipment identified in Policy 706 of the Kerman Police Department Policy Manual is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
B. The military equipment use policy as set forth in Policy 706 of the Kerman Police Department Policy Manual will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. The military equipment identified as Policy 706 of the Kerman Police Department Policy Manual is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. The military equipment use policy as set forth in Policy 706 of the Kerman Police Department Policy Manual is approved and adopted.
E. Policy 706 of the Kerman Police Department Policy Manual shall be published on the city of Kerman’s website and may also be obtained from the Kerman police department or the city clerk. (Ord. 22-03 §1, 2022).