Sanger Municipal Code § 98-1 Title

This chapter shall be titled "Military Equipment Use Policy."

(Ord. No. 2022-04, § 1, 4-21-22)

(a) On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

(b) Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070.

(c) Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

(d) The proposed military equipment use policy is found within Sanger Police Department Policy Section 706.

(e) The military equipment use policy as set forth in Sanger Police Department Policy Section 706 was published on the police department's internet website on February 23, 2022. The Sanger Police Department Policy Section 706 was presented to city council on April 7, 2022.

(f) The military equipment use policy as set forth in department policy section 706 meets the requirements of California Government Code section 7070, subdivision (d).

(Ord. No. 2022-04, § 1, 4-21-22)

Based on the findings above, in addition to information provided to the city council at the public hearing, the city council determines as follows:

(1) The military equipment identified in Sanger Police Policy 706 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

(2) The military equipment use policy as set forth in Sanger Police Policy 706 will safeguard the public's welfare, safety, civil rights, and civil liberties.

(3) The military equipment identified as Sanger Police Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

(4) The military equipment use policy as set forth in Sanger Police Policy 706 is approved and adopted.

(Ord. No. 2022-04, § 1, 4-21-22)