Lathrop Municipal Code Ch. 9.20 Military Equipment Use Policy

Military Equipment.

AB 481 designates the following 16 categories of items as military equipment:

Unmanned, remotely piloted, powered aerial or ground vehicles.

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.

Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

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. 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 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.

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.

Any firearm or firearm accessory that is designed to launch explosive projectiles.

“Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices, acoustic hailing devices, and sound cannons.

The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

Any other equipment as determined by a governing body or a state agency to require additional oversight.

Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

"Police department"

means any division, section, bureau, employee, volunteer and /or contractor of the new Lathrop police department, established July 1, 2022.

"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 of the following:

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.

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.

The legal and procedural rules that govern each authorized use.

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.

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.

"Type"

means each item that shares the same manufacturer model number.

(Ord. 22-433 § 1; Ord. 22-436 § 1; Ord. 26-481, 4/13/2026)

A. The Lathrop police department shall obtain approval of the city council, by an ordinance adopting a military equipment use policy at a regular meeting of the city council, prior to engaging in any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. 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.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the city of Lathrop.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the city council body pursuant to this chapter.

6. 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.

7. Acquiring military equipment through any means not provided by this section.

B. In seeking the approval of the city council, the Lathrop police department shall submit a proposed military equipment use policy to the city council and make those documents available on the city's law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

C. The city council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. 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.

4. Prior military equipment use complied with the military equipment use policy 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.

D. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.

(Ord. 22-433 § 1; Ord. 22-436 § 1)

A. The Lathrop police department shall submit to the city council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Lathrop police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the Lathrop police department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Lathrop police department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.

(Ord. 22-433 § 1; Ord. 22-436 § 1)

A. Following submittal of the annual military equipment report required by Section 9.20.030, the city council shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment.

B. The governing body shall determine, based on the annual military equipment report submitted, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Section 9.20.20. If the city council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards required for approval, the city council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

(Ord. 22-433 § 1; Ord. 22-436 § 1)

The Lathrop police department has obtained approval of the city council, by ordinance adopting the following military equipment use policies, incorporated here by reference:

A. Military Equipment Use Policy No. 706, adopted by Ordinance 22-436, for the funding, acquisition and use of 35 5.56mm semiautomatic rifles and ammo, and eight 40mm launchers and rounds.

B. Military Equipment Use Policy No. 606, adopted by Ordinance 22-441, fund, acquire, and use of unmanned aerial system (known as drones).

C. Military Equipment Use Policy No. 706, amended by Ordinance 24-453, to add the funding, acquisition and use of 11 5.56mm semiautomatic rifles and ammo, eight Remington 870 less lethal launchers - drag stabilized 12-gauge bean bag rounds, 50 sets of five units of super-sock bean bags ammunitions, and 3,000 5.56mm and 9mm specialty impact munitions.

D. Military Equipment Use Policy No. 706, amended by Ordinance 25-463, to add the funding, acquisition and use of 10 additional 5.56mm semiautomatic rifles and ammunition, 20 additional 40mm launchers and 96 40mm frangible impact rounds, five command and control vehicles, 24 tactical flash bangs, one sniper rifle with suppressor, and six submachine guns with suppressors.

(Ord. 22-441 § 2; Ord. 23-453, 1/8/2024; Ord. 25-463, 3/10/2025; Ord. 26-481, 4/13/2026)