San Luis Obispo County Municipal Code Ch. 7.50 Military Equipment Use

This chapter is adopted pursuant to Assembly Bill 481, signed into law by Governor Gavin Newsom and effective January 1, 2022 (codified at Chapter 12.8 to Division 7 of Title 1 of the Government Code, commencing with Section 7070), relating to the use of military equipment by California law enforcement agencies.

(Ord. No. 3476, § 1, 9-13-22)

To establish a funding, use and acquisition policy for military equipment acquired, used, and maintained by certain county law enforcement agencies, specifically the sheriff's office and the district attorney's office ("the agencies"), that is developed with consideration of the public's concerns about safety, civil rights, and the public's welfare pursuant to Government Code Section 7070 et seq.

(Ord. No. 3476, § 1, 9-13-22; Ord. No. 3541, § 1, 6-17-25)

The board of supervisors approves and adopts each agency's "Military Equipment Use Policy," San Luis Obispo County Sheriff's Policy Manual, Policy 707, and the San Luis Obispo District Attorney's Office Bureau of Investigators Policy Manual, Policy 707, each of which are posted on the agency's respective websites and, hereafter referred to collectively as "the policies"). In approving and adopting the agencies' policies, the board of supervisors makes the following findings:

(1) The military equipment used by the agencies is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

(2) The proposed policies will safeguard the public's welfare, safety, civil rights, and civil liberties;

(3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);

(4) Prior military equipment uses by the agencies complied with the respective applicable equipment use policy of each agency that was in effect at the time (which included equipment now defined as "military equipment" in Government Code Section 7070), or if prior uses did not comply with the agency's military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;

(5) The policies satisfy the requirements of Government Code Section 7070, subdivision (d).

(Ord. No. 3476, § 1, 9-13-22; Ord. No. 3541, § 1, 6-17-25)

The policies have been made available on the agency's official website for at least thirty days prior to the board's adoption of each policy by ordinance at a public meeting. The policies of each agency shall hereafter be made publicly available on the agencies' official websites for as long as the military equipment is available for use.

(Ord. No. 3476, § 1, 9-13-22; Ord. No. 3541, § 1, 6-17-25)

The agencies shall each submit an annual military equipment report to the board of supervisors, containing the information required by Government Code Section 7072, and the board of supervisors shall determine whether each type of military equipment identified in the respective reports of the agencies have complied with the standards for approval set forth in Section 7.50.030(a)(1)—(4) above.

(Ord. No. 3476, § 1, 9-13-22; Ord. No. 3541, § 1, 6-17-25)

The board of supervisors will review the ordinance codified in this chapter and vote on whether to renew it on an annual basis at a regular meeting, in accordance with Government Code Section 7071, subdivision (e)(2).

(Ord. No. 3476, § 1, 9-13-22)

The policies of the agencies were considered by the board of supervisors as an agenda item in an open session of one or more regular meetings, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted and this ordinance and any applicable amendments thereto were adopted.

(Ord. No. 3476, § 1, 9-13-22; Ord. No. 3541, § 1, 6-17-25)