Pismo Beach Municipal Code Ch. 9.26 Military Equipment Policy

To adopt by ordinance a Military Equipment Policy for the Pismo Beach Police Department, in accordance with the provisions of Assembly Bill 481 (Chiu, 2021), codified at California Government Code Section 7070 et seq.

(Ord. O-2022-003 § 2 (part), 2022)

In accordance with Government Code Section 7071, the city council determines as follows:

A. The military equipment identified in the Pismo Beach Military Equipment Use Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

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

C. The military equipment identified in the Pismo Beach Military Equipment Use Policy is identified as currently owned as of the date of the ordinance adding this chapter, and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. The city did not previously have a prior military equipment use policy, but as to any prior uses that do not comply with the Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. The city council, therefore, hereby enacts this ordinance in order to adopt the Pismo Beach Military Equipment Use Policy as the city's Military Equipment Use Policy, and to approve the continuing use of the military equipment identified therein.

(Ord. O-2022-003 § 2 (part), 2022)

A. Pismo Beach Police Department Policy No. 707, "Military Equipment," is hereby approved and incorporated by reference into this code as though fully set forth herein, and the continuing use of the military equipment identified therein is approved.

B. This approval, along with the findings and determinations set forth in Section 9.26.020, shall be deemed to apply to any modifications to the Military Equipment Policy presented in a report to the city council and approved at a duly-noticed meeting conducted in accordance with applicable open meeting laws, which report shall be presented no less often than annually.

(Ord. O-2022-003 § 2 (part), 2022)