Chapter 4.39 — MILITARY EQUIPMENT USE POLICY

The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment, in accordance with California Government Code Sections 7070 through7072.

(Ord. 10-22, 8/9/2022)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

• a. "Governing body" means the City Council.

• b. "Military equipment" includes, but is not limited to, the following:

  • Unmanned, remotely piloted, powered aerial or ground vehicles; and

• 2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers; and
• 3. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached; and
• • Tracked armored vehicles that provide ballistic protection to their occupants; and
• 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units; and
• • Weaponized aircraft, vessels, or vehicles of any kind; and
• 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram; and
• 8. Firearms and ammunition of 0.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition; and
• 9. Specialized firearms and ammunition of less than 0.50 caliber, including firearms and accessories identified as assault weapons in Penal Code Sections 30510 and 30515, with the exception of standard-issue firearm; and
• 10. Any firearm or firearm accessory that is designed to launch explosive projectiles; and
• • Noise-flash diversionary devices and explosive breaching tools; and
• 12. Munitions containing tear gas or oleoresin capsicum, excluding standard, serviceissued handheld pepper spray; and
• 13. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.39.104

§ 4.39.110

• 14. Kinetic energy weapons and munitions; and
• 15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

• (Ord. 10-22, 8/9/2022)

It is the policy of the City of Oakley that members of the Oakley Police Department comply with the provisions of California Government Code Section 7071 with respect to military equipment. (Ord. 10-22, 8/9/2022)

The Chief of Police should designate a member of the Police Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:

• a. Acting as liaison to the governing body for matters related to the requirements of this policy; and

• b. Identifying Police Department equipment that qualifies as military equipment in the current possession of the department, or the equipment the Police Department intends to acquire that requires approval by the governing body; and

• c. Conducting an inventory of all military equipment at least annually; and

• d. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Police Department; and

• e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

  • 1. Publicizing the details of the meeting; and
  • 2. Preparing for public questions regarding the Police Department’s funding, acquisition, and use of equipment.

• f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website; and

• g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

• (Ord. 10-22, 8/9/2022)

The following constitutes a list of qualifying equipment for the Police Department:

• a. Unmanned, remotely piloted, powered aerial or ground vehicles; and

• b. Firearms and ammunition of 0.50 caliber or greater, excluding standardissue shotguns and standardissue shotgun ammunition; and

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City of Oakley, CA

OAKLEY CODE

§ 4.39.110

§ 4.39.116

• c. Specialized firearms and ammunition of less than 0.50 caliber, including firearms and accessories identified as assault weapons in Penal Code Sections30510 and 30515, with the exception of standardissue firearms; and

• d. Any firearm or firearm accessory that is designed to launch explosive projectiles; and

• e. Noise-flash diversionary devices and explosive breaching tools; and

• f. Munitions containing tear gas or oleoresin capsicum, excluding standard, service-issued handheld pepper spray; and

• g. TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs); and

• h. Kinetic energy weapons and munitions; and

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

• (Ord. 10-22, 8/9/2022)

Military equipment should not be used by any other law enforcement agency or member of the Police Department unless the military equipment is approved for use in accordance with this policy.

(Ord. 10-22, 8/9/2022)

Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code Section 7072 for the preceding calendar year for each type of military equipment in department inventory.

(Ord. 10-22, 8/9/2022)

Within thirty (30) days of submitting and publicly releasing the annual report, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Police Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. (Ord. 10-22, 8/9/2022)

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City of Oakley, CA

PUBLIC HEALTH, SAFETY, AND WELFARE

§ 4.40.102

§ 4.40.102