Madera Municipal Code Ch. 17 Military Equipment Use Policy

This chapter shall be titled "Military Equipment Use Policy."

(Ord. 994 C.S., passed 6-15-22)

(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 Cal. Gov't Code §§ 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 Cal. Gov't Code § 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 Madera Police Department Policy § 709.

(E) The Military Equipment Use Policy as set forth in Madera Police Department Manual § 709 was published on the Madera Police Department's internet website on April 21, 2022. The Madera Police Department Policy § 709 was presented to City Council on April 21, 2022.

(F) The Military Equipment Use Policy as set forth in Department Policy § 709 meets the requirements of Cal. Gov't Code § 7070, subd. (d).

(Ord. 994 C.S., passed 6-15-22)

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 Madera Police Policy § 709 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 Madera Police Manual § 709 will safeguard the public's welfare, safety, civil rights, and civil liberties.

(C) The military equipment identified as Madera Police Manual § 709 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 Madera Police Manual § 709 is approved and adopted.

(E) A copy of the Madera Police Manual § 709 may be obtained from the Madera Police Department or the City Clerk.

(Ord. 994 C.S., passed 6-15-22)