§ 104.02 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. Any department, agency, bureau, and/or subordinate division of the City of Eureka.

CITY COUNCIL. The governing body that is the Eureka City Council.

EXIGENT CIRCUMSTANCES. A law enforcement agency's good faith belief that an emergency involving the danger, or

imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur. MILITARY EQUIPMENT. Includes all of the following (per Cal. Gov’t Code § 7070):

• (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 division;

(3) High mobility multi-purpose 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 division;

(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 division;

(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this division;

(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this division;

(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Cal. Penal Code §§ 30510 and 30515, 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 state agency;

(11) Any firearm or firearm accessory that is designated 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 projectiles 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; and

(16) Notwithstanding divisions (1) through (15) above, MILITARY EQUIPMENT does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

MILITARY EQUIPMENT USE POLICY. A publicly released, written document that includes, at a minimum, all of the following:

(1) A 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;

(3) 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;

(4) The legal and procedural rules that govern each authorized use;

(5) The training, including any course required by the Commissions 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; and

(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concern 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.

POLICE DEPARTMENT. Any division, section, bureau, employee, volunteer and/or contractor of the Eureka Police Department.

STATE AGENCY. 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.

TYPE. Each item that shares the same manufacturer model number.

(Ord. 952-C.S., passed 1-16-24)