Lake County Municipal Code Art. XXIX Military Equipment Use Policy

This article shall be known as and may be cited or referred to as the "Lake County Military Equipment Use Ordinance."

(Ord. No. 3123, § 2, 7-26-2022)

206.1 The Lake County Board of Supervisors finds and makes the following determinations in regard to the Military Equipment Use Policy of the Lake County Sheriff's Office (the "Policy") which is attached hereto and incorporated by reference herein:

a. The military equipment identified in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

b. The policy will safeguard the public's welfare, safety, civil rights, and civil liberties;

c. If purchasing the equipment, the military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;

d. Prior military equipment use complied with the applicable equipment use policy (which includes 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.

206.2 The Lake County Sheriff's Office has submitted the policy to the Board of Supervisors and made the policy available on the Sheriff's website for at least thirty (30) days prior to the public hearing concerning the military equipment at issue.

206.3 The Policy was considered by this Board as an agenda item during a regularly-scheduled meeting of this Board in open session in accordance with all Brown Act requirements.

(Ord. No. 3123, § 2, 7-26-2022)

207.1 The Lake County Board of Supervisors finds that the Military Equipment Use Policy of the Lake County Sheriff's Office (the "Policy") meets the requirements of Government Code Sections 7070, et seq., and this board hereby approves and adopts said Policy which is attached hereto and incorporated by reference herein.

207.2 The Lake County Sheriff's Office shall submit an annual military equipment use report to the Board of Supervisors containing the information required by Government Code Section 7072, as that code section may Board of Supervisors shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section 2-206.1 hereinabove and Government Code Section 7072.

207.3 If, in the course of the annual review of the report of the Sheriff's Office described in Section 207.2 herein, the Board of Supervisors determines that a particular type(s) of military equipment identified in the report of the Sheriff's Office has not complied with the required standards for approval, the board shall either disapprove a renewal of its authorization for that type of military equipment or require such modifications to the policy as necessary to resolve that lack of compliance."

(Ord. No. 3123, § 2, 7-26-2022)