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1', � G V E D B Y
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
7ROM: OFFICE OF THE DOWNEY POLICE CHIEF
BY: LESLIE R. MURRAY, CHIEF OF POLICE
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At their May 24, 2022 meeting, the City Council held a duly noticed public hearing and after fully considering all oral and written testimony and facts and opinions offered, introduced the attached ordinance.
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ATTACHMENTS
Attachment A — Ordinance
Attachment B — Downey Police Department Military Equipment Policy (including Military Equipment Inventory)
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WHEREAS, on September 30, 2021, Governor Gavin Newsom approved Assembly Bill 481 ("AB 481"), adding Chapter 12.8 ("Funding, Acquisition and Use of Military Equipment") to Division 7 of Title 1 of the California Government Code (commencing with Section 7070), relating to the use of military equipment by California law enforcement agencies; and, WHEREAS, the California Legislature and the California Governor drafted and enacted AB 481 as a manner of providing transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment (as defined by California Government Code Section 7070(c)) is funded, acquired, and used by local law enforcement agencies (as defined by California Government Code Section 7070(b)); and, rZLOO 1911ILZIS moil RJEUMMAIIII r-I 7T,
IIIAEREAS, the Downey Police Department intends to acquire additional items of military equipment; and,
WHEREAS, AB 481 requires, amongst other obligations, that a law enforcement agency possessing and using such qualifying equipment to prepare a publicly released, written, military equipment use policy (hereinafter, "Policy") governing, at a minimum, the following (as also set forth in California Government Code Section 7070(d)):
a) Description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;
b) The purpose and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment; c) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual cost of maintaining the equipment; d) The legal and procedural rules that govern each authorized use; e) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy; The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy;
g) The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner; and,
ORDINANCE NO.
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WHEREAS, the Policy must be approved by the City Council by ordinance, and review annually thereafter; and,
WHEREAS, the City Council shall only approve the Policy if it determines all of t following (in accordance with California Government Code Section 7071(d)):
a) The military equipment is necessary because there is no reasonable alternative th- can achieve the same objective of officer and civilian safety; 11 b) The proposed Policy will safeguard the public's welfare, safety, civil rights, and ci liberties;
c) If purchasing military 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 Policy that was in effect at the time, or if prior uses did not comply with the accompanying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and, WHEREAS, the Downey Police Department has submitted to the City Council an inventory ta
it seeks to continue using; and,
WHEREAS, the Downey Police Department has submitted the proposed Policy (Downey Police Department Policy 706) to the City Council and thereafter has made those documents available on the Police Department website for at least 30 days prior to the public hearing concerning the military equipment at issue; and,
WHEREAS, the Policy satisfies each of the requirements of California Government Code Section 7070(d); and,
WHEREAS, 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; and,
WHEREAS, the Policy will safeguard the public's health, welfare, safety, civil rights, and civil liberties; and,
WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, WHEREAS, 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; and,
WHEREAS, the City Council of the City of Downey, having received the information required under AB 481 regarding the Downey Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Policy; and,
ORDINANCE NO,
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HAS, the City Council recognizes the there is a need to enact the restrictions contained in this Ordinance to protect the public health, safety, and welfare; and, V�l IF ! 11 111 11! 111!! 11 111 11, 1 111111 !!1111 !!11111111 1 111 I'll 1111111111 ;;J111 11 1 Pill NTIN: Z !j
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth hereinabove in the preamble of this Ordinance are true and correct, and each such recital, fact, finding, and conclusion is incorporated herein by this reference.
SECTION 2. A new Chapter 15 ("Military Equipment Policy") of Article 11 ("Administration") of the Downey Municipal Code is hereby added to read as follows:
"Chapter 15 - Military Equipment Policy
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Code Section 7070 shall have the same meaning and definition as set forth in California Government Code Section 7070, as that Section may be amended from time to time, unless the context clearly requires otherwise.
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A. The City Council of the City of Downey hereby adopts a Military Equipment PolidN (Downey Police Department Policy 706) which shall govern the use of military equipment by t Downey Police Department. The policy is attached to this Ordinance and incorporated herein Exhibit A. I
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D. On an annual basis, the City Council shall review this Ordinance and vote at a regular City Council meeting on whether to renew this Ordinance pursuant to Government Code Section 7071 (e)(2).
SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this
ORDINANCE NO,
PAGE 4
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clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 4., The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of 12022.
BLANCA PACHECO, Ma 6rr --------
MARIA ALICIA DUARTE, CMC
City Clerk
NUNN= =--
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 22- was introduced at a Regular Meeting of the City Council of the City of Downey held on the — day of 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the — day of 1 2022, by the following vote, to wit:
AYES:
Council Membe,s.
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAK
Council Member:
I FIRTHEIR CERTIFY that a Summary of the foregoing Ordinance No. published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2�0roduction), and on , 2022 (after adoption,
including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
Military Equipment
706.1
PURPOSE AVD-SCOPE
The purpose ufthis policy ksbuprovide guidelines for the approval, acquisition, and reporting requirements ofmilitary equipment (Government Code §7D7O; Government Code §7O71;Government Code §7O72).
Definitions related tothis policy include (Government Code §7O7O):
Governing body — The elected orappointed body that oversees the Department.
Military equipmment— |no|udme but is not limited to the following:
* Unmanned, remotely pi|oted, powered aerial or ground vehicles. w Mine -resistant ambush -protected (K8RAP) vehicles or armored personnel carriers. w High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction ofpublic safety unite.
• VVeeponizadaircraft, vessels, orvehicles ofany kind.
Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include ohandheld, one -person ram.
• Firearms and ammunition of .5Ocaliber orgreater, excluding standard -issue shotguns and standard -issue shotgun ammunition.
m Specialized firearms and ammunition ofless than .50 oe|iber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception ofstandard-issue firearms.
� Any firearm or firearm accessory that is designed to launch explosive projectiles. � Noise -flash diversionary devices and explosive breaching tools. � Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. � TASER@) Ghookvveve, microwave weapons, water cannons, and long-range acoustic devices (LRAOe).
� Kinetic energy weapons and munitions.
� Any other equipment as determined by a governing body or a state agency to require additional UUM
Kksthe policy ofthe Downey Police Department that members ofthis Department comply with the Attachment B
The Chief of Police should shall designate the Professional Standards Sergeant to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
1. Acting as liaison to the governing body for matters related to the requirements of this policy.
2. Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
3. Conducting an inventory of all military equipment at least annually.
4. Collaborating with any allied agency that may use military equipment within the jurisdiction of Downey Police Department (Government Code § 7071).
5. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
a. Publicizing the details of the meeting.
b. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
6. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).
7. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
0. MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
w
1, Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely:
a. Description, Quantity, Purchase Cost of Current UAS, and Capabilities:
i. DJI Mavic 2 Enterprise w/ Smart controller, quantity: 1, cost: $3,722.20. UAS that weighs approximately 905 grams and is able to record video with approximately 31 minutes of flight time. Includes three (3) flight batteries, a battery charging hub, and propeller guards.
b. Purpose
i. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
1. Major collision investigations
2. Search for missing persons
3. Natural disaster management
4. Crime scene photography
5. SWAT, tactical or other public safety and life preservation missions
6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention
c. Authorized Use
i. Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.
d. Expected Life Span
i. All UAS equipment, 3-5 years
a Fiscal Impact
i Annual maintenance and battery replacement cost is approximately $1,000.00 [ Training
i. All Department UASoperators are licensed bythe Federal Aviation Administration for UASoperation.
g. Legal and Procedural Rules
i. Use ieestablished under FAA Regulation 14CFRPart 1O7.and the City uf Downey UAGpolicy. |tisthe policy ofthe Downey Police Department toutilize UAS only for official law enforcement purposes, and in a manner that respects the privacy ofour community, pursuant toState and Federal law.
2. Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes.
o Description, Quantity, Purchase Cost, and Capabilities:
i. LENCQ BEARCAT. quantity: 1. cost: $379.476.80. The Lenco Bearcat is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue ofofficers orcitizens who may beinjured nrinharmewey. |tcan stop various projectiles, vvhichprovideagreetereafeb/tooitizeneandnffinerebeyond the protection level ofshield and personal body armor.
b. Purpose
i. To be used in response to critical incidents to enhance officer and community oahety, improve scene containment and stebi|izetion, and assist in resolving critical incidents.
u. Authorized Use
i. The use ofarmored vehicles shall only beauthorized byawatch commander or SWAT commander, based on the specific circumstances of given critical incident. Armored vehicles shall beused only byofficers trained intheir deployment and in a manner consistent with Department policy and training. d. Lifeapan
i. LencoBeanoot.25years
e. Fiscal Impact
i Annual maintenance cost ofapproximately $5.00O.00
[ Training
i All driver/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction
Q. Legal and Procedural Rules
i It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant hoState and Federal law. 37/40K0N0Launchers and Rounds: 37/4OW1K8Launchers are utilized bydepartment personnel aealess than lethal tool bolaunch impact rounds.
e. Description, Quantity, Purchase Cost, and Capabilities:
i Defense Technology LMT Tactical 40MM Single Shot Launcher, quantity: 2, cost:
$1.000eeoh. The 4OK8K8Tactical Launcher /setactical single shot launcher that features an expandable stock and an adjustable integrated front grip with light rail. It will fire standard 40KAK8 |eeo than lethal annmunition, up to4.8 inches in cartridge length. |twill launch a4ON1K8less than lethal round upto131feet and imonly authorized hubaused bytrained personnel.
ii. PennArmsAmvin37K8W4Tactical G-ShotLauncher, quantity: 2.cost: $1.QUD each. Tha37K8K8 0-ohotlauncher ie low profile and |ighbweight, providing multi - shot capability inoneasy tocarry launcher. |twill launch o37/4OK8K8less than lethal round up to 131 feet and isonly authorized to be used by trained personnel.
iii. Defense Technology 4OMK8Exact Impact Sponge, #0325.quantity: 5O.cost: $18 each. A less than lethal 40MM lightweight plastic and foam projectile fired from a single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 325feet per second (FPS). The 30'gnamfoam projectile delivers 12OfV|be.of energy onimpact. The 4OK8MExact Impact Sponge Round provides accurate 3 and effective performance when fired from the approved distance of not less than five (5) feet and as far as 131 feet from the target.
iv. Defense Technology 40MM Liquid CS Barricade Penetrator Round, quantity: 12, cost: $23 each. A less than lethal 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. v. Defense Technology 40MM Direct Impact CS Crushable Foam Round, quantity:
50, cost: $30 each. A less than lethal 40MM lightweight crushable foam projectile fired from a single or multi -round purpose built 40MM grenade launcher with a rifled barrel at 295 FPS. The crushable foam projectile delivers 120 ft/Ibs. of energy upon impact in addition to dispersion of 5 grams of OC irritant. The 40MM round provides accurate and effective performance when fired from the approved distance of not less than five (5) feet and as far as 120 feet from the target.
vi. Combined Systems (CTS) 40MM Foam Baton Round, quantity: 14, cost: $30 each. A less than lethal 40MM lightweight spin -stabilized projectile fired from a single or multi -round purpose built 40MM grenade launcher at 240-260 ft./sec. The projectile is extremely accurate and consistent, however is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
vii. Defense Technology 40MM Rubber Baton Round, quantity: 100, cost: $27 each. The 40MM rubber baton incorporates a 4.8-inch casing that contains three (3) rubber projectiles and fires at 260 FPS. The 40MM Rubber Baton Round is generally deployed in low trajectories or skip fired in the general direction of the intended targets and is most suitable at medium to extended ranges of fire, approximately 30 to 60 feet.
viii. Defense Technology 40MM Bean Bag Round, quantity: 1, cost: $10. A less than lethal 40MM round firing a ballistic bag filled with bagged silica sand shot at a velocity of 220 FPS. The 40MM Bean Bag Round is most suitable in moderately close to medium ranges, approximately 20 to 35 feet.
ix. Sage 37MM Impact Baton Round, K01, quantity: 250, cost: $15 each. A less than lethal 37MM fired from a 37MM launcher and is a direct fire modular impact baton round that is designed to be used in situations where kinetic energy is preferred for the incapacitation of hostile individuals. x. Federal Labs 37MM 560 CS Barricade Ferret Round, quantity: 11, cost: $25 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. xi. Federal Labs 37MM 530 CS Barricade Ferret Round, quantity: 4, cost: $25 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. al
xii. Federal Labs 37MM 230 CN Barricade Ferret Round, quantity: 6, cost: $25 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. xiii. Federal Labs 37MM Liquid CS Barricade Ferret Round, quantity: 2, cost: $20 each. A less than lethal 37MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, it instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the round is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon systems may include, but are not limited to:
1. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
2. The suspect has made credible threats to harm him/herself or others.
3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
d. Training
i. Sworn members utilizing 37/40MM less than lethal chemical agents or impact rounds are trained in their use by POST certified less than lethal and chemical agents instructors.
e. Lifespan
i. Defense Technology LMT Tactical 40MM Single Shot Launcher — 25 years ii. Arwin 37MM Tactical 6-Shot Launcher — 25 years
iii. Defense Technology 40MM Exact Impact Sponge, Defense Technology 40MM Liquid CS Barricade Penetrator Round, Defense Technology 40MM Direct Impact CS Crushable Foam Round, Combined Systems (CTS) 40MM Foam Baton Round, Defense Technology 40MM Rubber Baton Round, Defense Technology 40MM Bean Bag Round — 5 years
iv. Sage 37MM Impact Baton Round, K01 — 25 years
v. Federal Labs 37MM 560 CS Barricade Ferret Round, Federal Labs 37MM 530 CS Barricade Ferret Round, Federal Labs 37MM 230 CN Barricade Ferret Round, Federal Labs 37MM Liquid CS Barricade Ferret Round — 5 years. f. Fiscal Impact
i. Annual maintenance is approximately $50 for each launcher g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize the 37/40MM only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
4. Less than Lethal Shotgun: Less than lethal shotgun is used to deploy the less than lethal drag stabilized 12-gauge bean bag round.
a. Description, quantity, purchase cost, and capabilities:
5 i Remington 87Uless than lethal shotgun, quantity: 21.cost: $A4Geach. The Remington 870less than lethal shotgun kaused todeploy the less than lethal 12' gmugebeonbegnounduphoadiobanoeof75haet. The range ofthe weapon systems helps to maintain space between officers and a suspect reducing the immediacy ofthe threat which ieaprinciple ofde-eaoa|etion. ii. Defense Technology Drag Stabilized 12-gauge Bean Bag Round, quantity: 466, cost: $5eauh. Aless than |etha|2.5'inuh 12-gaugeehutgun round firing eootton and ballistic material bag filled with #9shot that iashot otavelocity of27O FPS. Bean Bag Rounds are discharged from adedicated 12-gaugeshotgun that is distinguishable by an orange butt stock and fon*grip. This round provides accurate and effective performance when fired from the recommended distance ofapproximately 20to5Ofeet. The round utilizes four (4) stabilizing tails and utilizes smokeless powder omthe propellant.
b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
i. Situations for use of the less than lethal weapon ayob*mo may inc|ude, but are not limited to:
1. The suspect iearmed with oweapon and the tactical circumstances allow for the safe application of approved munitions.
2. The suspect has made credible threats tuharm him/herself orothers.
3. The suspect ieengaged in riotous behavior or is throwing rooho, bottles orother dangerous projectiles otpeople and/or officers.
4. There ieprobable cause tobelieve that the suspect has already committed ecrime ofviolence and iorefusing tocomply with lawful orders.
d. Liheopan
i. Remington 870 |eee than lethal shotgun —25 years.
ii. Defense Technology Drag Stabilized 12'geuge Bean Bag round — No listed expiration date.
e. Fiscal Impact
i. Annual maintenance ieapproximately $5Ofor each shotgun [ Training
i. All officers are trained in the 12-gauge less than lethal shotgun as less than lethal option byin-service training
g. Legal and Procedural Rules
i. Use is established under DPD Policy Manual Section 303.9. It is the policy of the Downey Police Department to utilize the less than lethal shotgun only for official law enforcement purpoeee, and pursuant to State and Federal |ow, including those regarding the use of force.
Federal Lmbonmtmriew40M;N Launching Cup: Cup that attaches bn 12'gouQe less than lethal shotguns which allows officers to launch canisters of chemical agents or smoke. a. Description, C>uonUty, Purchase Coat. and Capabilities:
i. Federal Laboratories 40yWK8 Launching Cup. quantity: 1. cost: $300. The launching cup is designed to launch canisters of chemical agents or smoke. The cup can be attached to virtually any 12'gouge shotgun and the munition launched with a launching cartridge.
b. Purpose
i. To limit the escalation nfconflict where employment oflethal force is prohibited or undesirable.
o. Authorized Use
i. Situations for use of the |eee than lethal weapon systems may inu|ude, but are not limited to:
1. The suspect iaarmed with aweapon and the tactical circumstances allow for the safe application of approved munitions.
H.
2. The suspect has made credible threats hoharm him/herself orothers.
3. The suspect isengaged inriotous behavior orimthrowing rocks, bottles orother dangerous projectiles etpeople and/or officers.
4. There iaprobable cause hobelieve that the suspect has already committed a crime of violence and is refusing to comply with lawful orders.
d. Lifaspan
i. Federal Laboratories 4UyNK8Launching Cup —25years
e. Fiscal Impact
i. Noannual maintenance
[ Training
i. Officers utilizing the launching cup are trained by POST certified chemical agents instructors.
g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize the 40MM only for official law enforcement purposes, and pursuant toState and Federal Law, including those regarding the use offorce.
G. Distraction Devices: Adevice used todistract dangerous persons. a. Description, Quantity, Purchase Cost, and Capabilities:
i. Defense Technologies Low Roll Non-reloadable Distraction Device, quantity: 24, cost: $82each. Anon-bursting device that produces athunderous bang with on intense bright light producing 6 — 8 million candelas. Ideal for distracting dangerous suspects during eeeau|ta, hostage reooue, room entry or other high - risk arrest situations.
b. Purpose
i Adistraction device ioideal for distracting dangerous suspects during assaults, hostage rescue, room entry orother high -risk arrest situations. To produce atmospheric over -pressure and brilliant white light and, as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers atactical advantage.
n. Authorized Use
i. Diversionary Devices shall only beused:
1. Byofficers who have been trained intheir proper use
2. |nhostage and barricaded subject situations
3. In high risk warrant (meenoh/orn*et) services where there may be extreme hazards boofficers
4. During other high -risk situations where their use would enhance officer safety
6. During training exercises
d. Lifeepan
i Until used
e. Fiscal Impact
i Noannual maintenance
[ Training
i. Prior to use, officers must attend diversionary device training that is conducted by POST certified instructors.
g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize diversion devices only for official law enforcement purposes, in accordance with policy guidelines and pursuant to State and Federal law regarding the use of force.
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, Quantity, Purchase Cost, and Capabilities:
i. Defense Technology Riot Control Continuous Discharge Grenade, CS, #1U82. quantity: 75.cost: $3Oeach. The Riot Control CSGrenade iadesigned specifically for outdoor use incrowd control situations with ohigh volume 7 continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located onthe top ofthe canister. The grenade can boused bo conceal tactical movement orboroute acrowd. The volume ofsmoke and agent invast and obtrusive. This |aunohab|egrenade isG.0in. by2.35in. and holds epproxinnate|y2.7 oz. of active agent.
ii. Defense Technology Riot Control Continuous Discharge Grenade, OC.#1080. quantity: 25.cost: $37each. The Riot Control OCGrenade iadesigned specifically for outdoor use in crowd control situations with e high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located onthe top ofthe canister. This grenade can beused to conceal tactical movement orboroute ocrowd. The volume ofsmoke and agent ievast and obtrusive. This |aunchab|egrenade ioG.Oin. by2.35in. and holds approximately 8.88oz. ofactive agent.
iii. Defense Technology Pocket Tactical CS Grenade, #1016, quantity: 21, cost: $30 each. The Pocket Tactical CGGrenade imsmall, and lightweight. The Q.Qoz. of active agent will burn approximately 2O-4Dseconds. At4.75in. by1.4in. insize, iteasily fits in most tactical pouches. This is |munohab|egrenade; hovvever, it is normally used amosignaling orcovering device. Though this device ieslightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced byafull size tactical grenade. iv. CT8CSBaffled Canister Smoke Grenade, #523OB.quantity: 11.cost: $3O each. The Baffled Canister Smoke Grenade imdesigned for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. |texpels its payload inapproximately 2O-4Oseconds through four emission ports and ieG.2D in. by3.GO in.
v. Defense Technology Spede-Heat Continuous Discharge Chemical Grenade, CS, #1Q72.quantity: 5D.cost: $32each. The Gpede-HeatC8Grenade iaahigh volume, continuous burn and itexpels its payload inapproximately 2O-4O seconds. The payload imdischarged through four gas ports, three onthe side and one nnthe bottom. This |gunchab|egrenade ia8.12in. by2.O2in. and holds approximately 2.Ooz. ofactive agent.
vi. Defense Technology Stinger CS Rubber Ball Grenade, #1088. quantity: 10. cost:
$32aach. The Stinger CSRubber Ball Grenade inemaximum effect device that delivers four stimuli for psychological and physiological effects: rubber 9e||ete. light, sound, and CS. The Stinger Grenade iemost widely used asecrowd management tool. The Stinger Grenade has aninitial 1.5second delay that initiates fuze assembly separation, followed by another.5 second delay before the b|eet, which is sufficient to project the rubber be||e and chemical agent in a 50 foot radius.
vii. Defense Technology Stinger Rubber Ball Blast Grenade, #1O87.quantity: 24. cost: $3Qeach. The grenade ieemaximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light and sound. |tismost widely used aaocrowd management tool. |tdelivers G0caliber rubber balls with the stimuli oflight and sound. The grenade has eninitial 1.5 second delay that initiates fuze assembly separation, followed by another.5 second delay before the function ofthe device.
b. Purpose
i. To limit the escalation ofconflict where employment nflethal force is prohibited or undesirable. Situations for use ofthe less than lethal weapon systems may include, but are not limited to:
1. The suspect imarmed with eweapon and the tactical circumstances allow for the safe application ofapproved munitions.
3. The suspect has made credible threats toharm him/herself orothers.
3. The suspect imengaged inriotous behavior nrimthrowing rocks, bottles orother dangerous projectiles atpeople and/or officers.
4. There isprobable cause hobelieve that the suspect has already committed e crime of violence and is refusing to comply with lawful orders.
o. Authorized Use
i. Only officers who have received training inthe use ofchemical agents from POST certified instructors.
d. Training
i. Sworn members utilizing chemical agent canisters are certified by POST less than lethal and chemical agents instructors.
e. Lifeepan
i. 5years from manufacturing date
[ Fiscal Impact
i. Nuannual maintenance
g. Legal and Procedural Rules.
i. It is the policy of the Downey Police Department to utilize chemical agents only for official law enforcement purpooea, in accordance with po|icy, and pursuant to State and Federal |avv, including those regarding the use of force.
PeppmrBaU|Launcher: Adevice that discharges irritant projectiles. o. Description, Quantity, Purchase Cost, and Capabilities i. PepperBa||FTC Basic Launcher, quantity: 4.cost: $5OOeach. The FTC Basic Launcher is a compressed -air powered launcher designed to fire non -lethal PepparBa|| projectiles. The launcher iaaemi-autometio. has efiring rate of1O-12 projectiles per second and is fed by a hopper that feeds 20+ pjecti|eoper second.
ii PepperBaULiva'XProjectile, quantity: 8O.cost: $3per projectile. The projectile contains aconcentrated amount ofPAVApepper powder. Discharged from e PepperBa||Launcher, the projectile has avelocity of 280-350FPG. The projectile has a direct impact of 60ft and area ofsaturation nfi5O+ft. The projectile contains 5% PAVApovvder.
iii. Pepper8a||Inert Projectile, quantity: 2OO.cost: $3per projectile. The inert projectile contains a harmless, scented powder and is best suited for training, qualifications, and direct impact when chemical exposure ionot desired. Discharged from aPepperBa||Launcher, the projectile has avelocity of 380-350FPG. The projectile has adirect impact of8Oftand enarea ofsaturation of16Q+ft.
iv. Mission Less than lethal |DMarking Projectile, quanbty:375.00at$1.SOper projectile. This projectile contains a paint solution that can be used tomark suspects for later apprehension and/or marking doors, openings, or objects for identification. The Mission Less than lethal |D Marking Projectile is discharged from ePepperBa||Launcher.
v. Mission Less than lethal OC Projectile, quantity: 500. cost: $1.40 per projectile. This projectile imdischarged from aPapperBa||Launcher and contains econcentrated amount of[)Cand PAVApowder. The projectile has adirect impact of 66ft and creates a 5-foot wide defensive cloud of chemical irritant. "vi Mission Less than lethal Impact Projectile, quanUty:1.00O.00mt$O.57per projectile. This projectile imdischarged from aPepperBaULauncher and iaon advanced polymer impact round used when chemical exposure ionot desired. The projectilehaaodineotinnpaotofGGft.
b. Purpose
i. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use ofthe less than lethal weapon systems may include but. are not limited to:
1. The suspect iearmed with aweapon and the tactical circumstances allow for the safe application ofapproved munitions
2. The suspect has made credible threats toharm him/herself orothers
3. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers
4. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders
c. Authorized Use
i. Only those officers who have been trained in the use of PepperBall Launchers are authorized to use the PepperBall Launchers.
d. Training
i. Sworn members utilizing PepperBall Launchers and projectiles are trained in their use by POST certified less than lethal and chemical agents instructors. e. Lifespan
i. PepperBall FTC Basic Launcher — 20 years
ii. PepperBall Live-X Projectile — 3 years
iii. PepperBall Inert Projectile — 3 years
iv. Mission Less than lethal ID Marking Projectile — 3 years v. Mission Less than lethal OC Projectile — 3 years
vi. Mission Less than lethal Impact Projectile — 3 years f. Fiscal Impact
i. Annual maintenance is approximately $50 for each PepperBall Launcher g. Legal and Procedural Rules
i. It is the policy of the Downey Police Department to utilize PepperBall only for official law enforcement purposes, in accordance with department policy and pursuant to State and Federal law, including those regarding the use of force.
9. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a. Description, Quantity, Purchase Cost, and Capabilities i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle, quantity: 29, cost: $900 each. Highly accurate and durable gas operated semi -automatic rifle which includes a 4- position collapsible stock. The magazine holds 30 rounds of ammunition and the barrel is chrome lined with a 1:7" right-hand twist.
ii. Winchester Ranger.223 Caliber 55 Grain Rifle Round, quantity: 8,300, cost: $448 per case of 1,000. The Winchester Ranger 223 Remington ammunition features a 55 grain pointed soft point bullet and is intended for law enforcement use. The ammunition has a muzzle velocity of 3,240 FPS, is reloadable, features brass cases and boxer primers and is non -corrosive.
b. Purpose
i. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
1. Situations where the member reasonably anticipates an armed encounter
2. When a member is faced with a situation that may require accurate and effective fire at long range
3. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower
4. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage
5. When a member reasonably believes that a suspect may be wearing body armor
6. When authorized or requested by a supervisor
7. When needed to euthanize an animal
c. Authorized Use
i. Only members that are POST certified are authorized to carry/use a rifle.
Lifespan
i. Colt AR-15 M4 Carbine 5.56 Caliber Rifle —No expiration 10 ii Winchester Rangec223Caliber 55Grain Rifle Round —Nnexpiration e. Fiscal Impact
i Annual maintenance ksapproximately $5Ufor each rifle
[ Training
i Prior to using a rifle, officers must be certified by POST instructors in the operation ofthe rifle. Additionally, all members that carry/operate orifle are required Uopass quarterly range qualifications each year. g. Legal and Procedural Rules
i. Use isestablished under Downey Police Department Policy Section 3O0.2.5. It is the policy of the Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
10. Personally Owned Rifles: Guns that are fired from shoulder level, having along spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Description, Quantity, and Capabilities
i. Colt AR-15K84Carbine 5.5GCaliber Rifle, quantity: 11. Highly accurate and durable gas operated semi -automatic rifle which includes a 4-position collapsible stock. The magazine holds 3Orounds ofammunition and the barrel iochrome lined with a1:7"right-hand twist.
ii Daniel OefenoeDDK84 Law Enforcement Patrol Rifle. quantity: 3. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 3U rounds ofammunition and the 18"barrel iacold hammer forged with a1:7"right hand twist.
iii Bravo Company BCK84 5.56 Caliber Rifle, quantity: 1. Highly accurate and durable gas operated semi -automatic rifle. The magazine holds 30rounds of ammunition and the 10"barrel iochrome lined with a1:7"right-hand twist. b. Purpose
i Members may deploy the patrol rifle in any circumstance where the member can articulate ereasonable expectation that the rifle may beneeded. Examples of some general guidelines for deploying the rifle may include, but are not limited to:
1. Situations where the member reasonably anticipates anarmed encounter.
2. When amember iefaced with asituation that may require accurate and effective fire atlong range.
3. Situations where amember reasonably expects the need homeet ur exceed osuspect's firepower.
4. When amember reasonably believes that there may be a need to fire on abarricaded person oraperson with ohostage.
5. When amember reasonably believes that osuspect may bewearing body armor.
8. When authorized orrequested byesupervisor.
7. When needed tneuthenizeonanimal.
c. Authorized Use
i. Only members that are POST certified are authorized bocarry/use a rifle. Members are also required to receive written approval from the Chief of Police or authorized designee to carry the rifle on duty after it is inspected by a Downey Police Department AR-15armorer.
d. Lifespan
i. Co|tAR-15 W44Carbine 5.5OCaliber Rifle —No expiration ii. Daniel Defense DOK84 Patrol Rifle — No expiration
iii. Bravo Company BCNY45.5GCaliber Rifle —Noexpiration e. Fiscal Impact
i. Nofiscal impact toDepartment amemployee imresponsible for purchase and maintenance ofpersonally owned rifles authorized for onduty usage. 11 f. Training
i. Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that carry/operate a rifle are required to pass quarterly range qualifications each year. g. Legal and Procedural Rules
i. The use of personally owned duty patrol rifles is established under Downey Police Department Policy Section 306.2.5. It is the policy of the Downey Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a. Requesting military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers. c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department.
e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering 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.
g. Acquiring military equipment through any means not provided above.
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid. 706.7
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Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
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should discuss the report and respond to public questions regarding the funding, acquisition, oruse of military equipment.
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