Newark Municipal Code Ch. 2.50 Military Equipment Use Policy

A. The city council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Newark Police Department's Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Newark Police Department's Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Newark Police Department's Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet 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.

6. The Newark Police Department's Military Equipment Use Policy, Policy 709, setting forth the city's military equipment use policy is approved and renewed.

B. The police department has submitted a proposed policy to the city council identified as Newark Police Department Policy 709 and has made those documents available on the police department's website for at least thirty days prior to the public hearing concerning the military equipment at issue.

C. The policy was considered by the city council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

D. The policy shall be made publicly available on the police department's website for as long as the military equipment is available for use.

E. The police department shall submit an annual military equipment report to the city council, containing the information required in Government Code Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections Al through 6 above.

F. The city council shall review this chapter, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2).

G. The city council approves the use of the policy identified as Newark Police Department Policy 709, and finds that it satisfies the requirements of Government Code Section 7070(d).

(Ord. No. 536, § 3, 6-9-2022; Ord. No. 541, § 2, 5-25-2023)