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31 ORDINANCE NO. 2022-_____
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
ADDING SUBCHAPTER 3.04.400 TO CHAPTER 3.04 OF THE
CULVER CITY MUNICIPAL CODE, GOVERNING THE USE OF
MILITARY EQUIPMENT BY THE CULVER CITY POLICE
DEPARTMENT AND APPROVING THE MILI TARY EQUIPMENT
USE POLICY PURSUANT TO ASSEMBLY BILL 481.
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 , codified in California Government Code Section 7070, et seq., relating to the use of “military e quipment”, as defined in the Bill, by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how milit ary equipment is funded, acquired, or used; and
WHEREAS, the Culver City Police Department is in poss ession of certain items of equipment that qualify as “military equipment” as broadly defined by AB 481; and
WHEREAS, the Culver City Police Department does not possess any tactical equipment obtained from the military, nor does it possess any equipment that is designed solely for military use; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures , training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
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31 WHEREAS, pursuant to Government Code section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Culver City Police Department was obligated to, and has met the requirement of, commencing a City Council a pproval process for the Military Equipment Use Policy no later than May 1, 2022; and
WHEREAS, as further required by Government Code section 7071(a)(2), if the City Council does not approve the continuing use o f military equipment, including by adoption pursuant to a Military Equipment Use Policy , within 180 days of submission of the proposed Military Equipment Use Polic y to City Council, the Culver City Police Department shall cease its use of the military equipment until it receives the ap proval of City Council in accordance with this Ordinance; and
WHEREAS, Government Code Section 7071(b) requires that the Culver City Police Department , prior to seeking the approval of the City Council, make available on its website the proposed Military Equipment Use Policy at leas t 30 days prior to the public hearing concerning the Policy, so that the public may review the Policy; and
WHEREAS, on March 11, 2022, the Culver City Police Department posted its draft Military Equipment Use Policy to its public website, thereby co mplying with the 30-day posting requirement prior to the public hearing before City Council on April 11, 2022; and
WHEREAS, attached to the proposed Military Equipment Use Policy is an itemized inventory of equipment qualifying under State law as Military Equipment, and said inventory contains currently owned qualifying Military Equipment as well as Military Equipment where acquisition is pending; and
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31 WHEREAS, during the A pril 11, 2022 City Council Public Hearing, after receiving input from the public an d d iscussing the proposed Military Equipment U se Policy and proposed Ordinance, City Council directed CCPD staff to hold a community meeting to engage further with the public; and
WHEREAS, on June 22, 2022, CCPD staff met with the Chief’s Advisory Panel, consisting of a cross-section of community members, to discuss AB 481 and the draft Military Equipment Use Policy; and
WHEREAS, on July 21, 2022, at Council ’s direction, CCPD held a community meeting to receive further public input and further discuss the draft Military Equipment Policy; and
WHEREAS, as the draft Military Equipment Use Policy was adjusted, the Police Department posted the revised versions on its website; and WHEREAS, the draft Military Equipment Use Policy continues to be posted on the Police Departm ent website, in compliance with the law and in anticipation of the August 22, 2022 Public Hearing , and will continue to be posted as long as the Policy is in place, as required by AB 481; and
WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and WHEREAS, the City Council of the City of Culver City, having received the information required under AB 481 regarding the Culver City Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.
NOW THEREFORE, the City Council of the City of Culver City, Calif ornia, DOES HEREBY ORDAIN as follows:
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31 SECTION 1 : Having considered the Military Equipment Use Policy , and the information provided to the City Council at the public hearing, the City Council makes the following findings required by Government Code section 7071(d)(1):
A. The Military Equipment inventory included in the Military Equipment Use Policy lists equipment that is necessary because there is no reasonable alternative that can achieve the same o bjective of officer and civilian safety;
B. The proposed Military E quipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; C. If purchasing the equipment listed, the equipment is reasonably cost effective compared to availabl e alternatives that can achieve the same objective of officer and civilian safety;
D. Prior Milita ry Equipment us e complied with the Military Equipment Use Policy that was in effect at the time, OR, if prior uses did not compl y with the proposed accompanying Military E quipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 2. The Culver City Polic e Department Military Equipment Use Policy, attached hereto as Exhibit A, is hereby approved.
SECTION 3: A new Subchapter 3.04.400 is hereby added to Chapter 3.04 (entitled “ Police Department”) of Title 3 (entitled “ Administration”) of the Culver City Municipal Code, to read as follows:
MILITARY EQUIPMENT USE POLICY
3.04.400 Definitions
3.04.405 Military Equipment Use Policy Requirement
3.04.410 Reports on the Use of Military Equipment
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31 §3.04.400 Definitions
A. “Military Equipment” includes all of the f ollowing, as defined in California Government Code §7070:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush -protected (MR AP) vehicles or armored personnel carriers. Police versions of standard consumer vehicles are specifically excluded from this subchapter.
3. High mobility multipurpose w heeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half-ton trucks, five-ton trucks, or wheel ed vehicles that have a breaching or entry apparatus attached. Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically e xcluded from this subchapter.
4. Tracked armored vehicles that provide balli stic protection t o their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and contr ol vehicles that are either built or modified to facilitate the operational control and direction o f public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering r ams, slugs, and breaching apparatuses that are explosive in nature. Items designed to remove a lock, such as bolt cutters, or a hand held ram designed to be op erated by one person, are specifically excluded from this subchapter.
8. Firearms of .50 caliber or greater. Standard issue shot guns are specifically excluded from this subchapter.
9. Ammunition of .50 caliber or greater. Standard issue shotgun ammunition is specifically excluded from this subchapter.
10. Specialized firearms an d ammunition of less t han .50 caliber, including a ssault weapons as defined in Penal Code Sections 30510 and 30515, with the exception of standard issue service
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31 weapons and ammunition of less than .50 caliber that are issued to office rs, a gents, or employe es of a law enf orcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shoc kwave, microw ave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and thei r associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other eq uipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs ( 1) through (15) above, "Military Equipment" does not include general equipme nt not designated as prohibited or co ntrolled by t he federal Defe nse Logistics Agency.
B. "City" means any department, ag ency, bureau, and/or subordinate division of the City of Culver City.
C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Culver City Police Department.
D. “City Council” means the governing body that is the Culver City City Council.
E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each t ype of Mi litary Equipment, t he quantity sought, its capabilities, expected lifesp an, and product descriptions from the manufacturer of the Military Equipment.
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31 2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Milit ary Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be
completed bef ore any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equi pment to ensure the full protection of the public's w elfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure complian ce with the Mi litary Equipment use policy, including which inde pendent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the pro cedures by whi ch members of the pub lic may r egister complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcemen t agency will ensure that each complaint, concern, or question receives a re sponse in a timely manner.
F. "State a gency" me ans the law enforcement division of ev ery state office, officer, departm ent, division, bureau , board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
G. "Type" means each item that shares the same manufacturer model number.
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31 §3.04.405 Military Equipment Use Policy Requirement
A. The Culver City Police Department shall obtain approval of the City Council , by a mot ion adopting a Military Equipment Use Policy at a regular meeti ng of the City Council held pursuant to the Ralph M. Brown Act, commencing with Section 54950 of the Government Code, prior to engaging in any of the following:
1. Requesting Mili tary Equipment ma de available pur suant to Secti on 2576a of Title 10 of the United States Code.
2. Seeking funds for Milita ry Equipment, including, but not limited to, applying for a gran t, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permane ntly or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other us e of Military Equipment within the territorial j urisdiction of the City of Culver City.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the gover ning body pursuant to this subchapter.
6. Soliciting or responding to a propos al for, or enteri ng into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provide d by this section.
B. In orde r to facilitate p ublic participat ion, any pro posed or final Military Equipment Use Policy shall be made publicly availa ble on the internet website of the Police Department for as long as the Military Equipment is available for use.
C. The City Council shall r eview this ordina nce at least ann ually and vo te on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act commencing with Section 54950 of the Government Code.
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31 §3.04.410 Reports on the Use of Military Equipment
A. The Police Depart ment shall submi t to City Council an annual Military Equipment Report for each type of Military Equipment approved by the Ci ty Council within one year o f approval, an d annua lly t hereafter for as long as the Military Equipment is available for use.
B. The Pol ice Department s hall also make ea ch annual M ilitary Equipment Report required by this section publicly available on it s internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the im mediately preceding calendar year for each type of Military Equipment:
1. A s ummary of how the Military Equipment was used an d the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results o f any inter nal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total a nnual cost for each type of Military Equipment, including acquisition, personnel, t raining, transpo rtation, maintenance, storag e, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calenda r year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If th e law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual M ilitary Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting , at wh ich the
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31 general public may discuss and ask questions regarding the annual Military Equipment report and the law enfo rcement age ncy's funding, acquisition, or use of Military Equipment.
E. The City C ouncil shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipme nt identified in that report has complied wi th the standards for approval set forth in this subchapter and the Militar y Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Repo rt has not complied with the stan dards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
SECTION 4. EFFECTIVE DATE. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after its adoption.
SECTION 5. SEVERABILITY. The City Council hereby declares that, if any provis ion, secti on, subsection, paragraph, senten ce, phra se or word of this Ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently ad opted the remaini ng provisions, sections, subsections, paragraphs, sentences, phrases or words of this Ordinance and as such they shall remain in full force and effect.
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