Petaluma Municipal Code Ch. 8.03 Military Equipment Use

The purpose of this chapter is to comply with the requirements of Assembly Bill 481 (AB 481), which establishes

guidelines and oversight for the acquisition, funding, and use of military equipment by local law enforcement agencies. This chapter ensures transparency, accountability, and community involvement in decisions related to

the deployment of such equipment by the city’s police department.

By adopting this chapter, the city aims to balance the operational needs of law enforcement with the public’s right

to understand and evaluate the potential impacts of military equipment on community safety and civil liberties.

This chapter provides a framework for public engagement, ongoing reporting, and policy evaluation to ensure that

any use of military equipment is lawful, necessary, and consistent with the values and priorities of the community.

(Ord. 2910 NCS §4, 2025.)

A. "Military equipment" shall include equipment deNned in Government Code Section 7070(c), as that section

may be amended from time to time, and includes the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police

versions of standard consumer vehicles are speciNcally excluded from this subsection.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and

one-half-ton trucks, Nve-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are speciNcally excluded from this

subsection.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system

instead of wheels for forward motion.

5. Command and control vehicles that are either built or modiNed to facilitate the operational control and

direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. 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

speciNcally excluded from this subsection.

8. Firearms of 0.50 caliber or greater. However, standard issue shotguns are speciNcally excluded from this

subsection.

9. Ammunition of 0.50 caliber or greater. However, standard issue shotgun ammunition is speciNcally

excluded from this subsection.

10. Specialized Nrearms and ammunition of less than 0.50 caliber, including assault weapons as deNned in

Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than 0.50 caliber that are issued to oPcers, agents, or employees of a law enforcement

agency or a state agency.

11. Any Nrearm or Nrearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard,

service-issued handheld pepper spray.

13. Area denial electroshock devices, microwave weapons, water cannons, long-rang acoustic devices,

acoustic hailing devices, and sound cannons.

14. The following projectile launch platforms and their associated munitions: forty-millimeter projectile

launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Notwithstanding subsections (A)(1) through (A)(14) of this section, "military equipment" does not include

general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "Military equipment use policy" means a publicly released, written document governing the use of military

equipment by the Petaluma police department that addresses, at a minimum, all the requirements in Government

Code Section 7070(d), as that may be amended from time to time, and all of the following:

1. 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.

2. The purposes and authorized uses for which the Petaluma police department proposes to use each type

of military equipment.

3. The Nscal impact of each type of military equipment, including the initial costs of obtaining the

equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the commission on peace oPcer standards and training,

that must be completed before any oPcer, agent, or employee of the Petaluma police department is allowed

to use each speciNc 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.

6. 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.

7. The procedures by which members of the public may register complaints or concerns or submit

questions about the use of each speciNc type of military equipment, and how the Petaluma police

department will ensure that each complaint, concern, or question receives a response in a timely manner.

C. "Type" means each item that shares the same manufacturer model number.

(Ord. 2910 NCS §4, 2025.)

enforcement.

A. The Petaluma police department shall obtain city council approval, by an ordinance adopting a military

equipment use policy, at a regular meeting of Petaluma city council held pursuant to the Ralph M. Brown Act

(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, 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 Petaluma.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously

approved by city council 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 subsection.

B. In seeking the approval of city council pursuant to subsection A of this section, the Petaluma police

department shall submit a proposed military equipment use policy to city council and make those documents

available on the law enforcement agency’s internet website at least thirty days prior to any public hearing

concerning the military equipment at issue.

C. 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 in accordance with the Ralph M. Brown Act (Chapter 9

(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

D. 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 oPcer 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 eQective compared to available

alternatives that can achieve the same objective of oPcer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in eQect 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.

E. In order to facilitate public participation, any proposed or Nnal military equipment use policy shall be made

publicly available on the Petaluma police department’s website for as long as the military equipment is available

for use.

F. City council shall review any ordinance that it has adopted pursuant to this section approving the funding,

acquisition, or use of military equipment at least annually and, subject to subsection G of this section, vote on

whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9

(commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

G. City council shall determine, based on the annual military equipment report submitted pursuant to Section

8.03.040, whether each type of military equipment identiNed in that report has complied with the standards for

approval set forth in subsection D of this section. If city council determines that a type of military equipment

identiNed in that annual military equipment report has not complied with the standards for approval set forth in

subsection D of this section, city council shall either disapprove a renewal of the authorization for that type of

military equipment or require modiNcations to the military equipment use policy in a manner that will resolve the

lack of compliance.

H. The Petaluma police department will only use and acquire military equipment approved pursuant to

subsection A of this section or previously approved in accordance with this chapter and AB 481, unless exigent

circumstances exist where delaying the acquisition or use of the equipment would jeopardize the safety of the

Petaluma community or members of the police department. If such circumstances exist, notiNcation of the

acquisition or use of the equipment, including a summary of the exigent circumstances preventing the police

department from giving prior notice, will be provided to the city council as soon as practicable but no later than

forty-eight hours following the equipment’s acquisition or use.

(Ord. 2910 NCS §4, 2025.)

and community engagement.

A. The Petaluma police department shall submit to city council an annual military equipment report for each

type of military equipment approved by city council within one year of approval, and annually thereafter for as

long as the military equipment is available for use. The Petaluma 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. The annual military equipment report shall comply with Government Code

Section 7072(a) as is amended from time to time, and 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 law enforcement agency intends to acquire additional military equipment in the next year, the

quantity sought for each type of military equipment.

7. Demographic information including race and ethnicity related to any military equipment use.

B. Within thirty days of submitting and publicly releasing an annual military equipment report pursuant to this

section, the Petaluma 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. 2910 NCS §4, 2025.)