Union City Municipal Code Ch. 2.62 Military Equipment Use Policy

A. Pursuant to Government Code Section 7071(d) , the City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;

2. The proposed military equipment use policy ("policy") 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); and

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) 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.

B. The Police Department has submitted a proposed Policy to the City Council identified as Union City Police Department Policy 709 and has made those documents available on the Police Department's website for at least thirty days prior to the public hearing concerning the military equipment at issue.

C. The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

D. The policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use.

E. The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsection (A)(1)-(A)(4) above.

F. The City Council shall 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(e)(2).

G. The City Council approves the use of the Policy identified as Union City Police Department Policy 709, and finds that it satisfies the requirements of Government Code Section 7070(d) .

(Ord. 899-22 § 3, 2022)