Red Bluff Municipal Code Art. I General Provisions

The City Council finds the recitals in Ordinance No. 1068 are true and correct and incorporates them herein. Based on the recitals and the information provided to the City Council at the public hearing on the Military Equipment Use Policy, the City Council finds as follows:

(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective 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) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

(D) Prior military equipment use complied with the Military Equipment Use Policy that was 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.

(Ord. 1068, passed 9-6-2022)

The City Council authorizes the Chief of Police to designate a Military Equipment Coordinator to implement the Policy.

(Ord. 1068, passed 9-6-2022)

This proposed article has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). The ordinance is not a project under CEQA Guidelines (California Code of Regulations, Title 14, Section 15378 because it involves administrative activities that will not result in direct or indirect physical changes in the environment.

(Ord. 1068, passed 9-6-2022)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council of the City of Red Bluff hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

(Ord. 1068, passed 9-6-2022)

This article (Ordinance 1068) shall be published in accordance with applicable provisions of law, by either:

(A) Publishing the entire ordinance once in a newspaper of general circulation, published in the City of Red Bluff, within 15 days after its passage and adoption, or

(B) Publishing the title or appropriate summary in a newspaper of general circulation, published in the City of Red Bluff, at least five days prior to adoption, and a second time within 15 days after its passage and adoption with the names of those City Councilmembers voting for and against the ordinance; and

(C) This article shall become effective 30 days from and after the date of its passage.

(Ord. 1068, passed 9-6-2022)