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wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement 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 Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a City Council or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
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B. California Government Code section 7070 states “ Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement that addresses, at a minimum, all of the following:
1. 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.
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 military 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 before any officer, agent, or employee of the law enforcement agency or the state 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.
6. 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.
7. For a law enforcement agency, 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.
V. GENE RAL
A. In accordance with California Government Code section 7071, the Department shall obtain approval of the City Council annually, by ordinance, at a regularly meeting, prior to engaging in any of the following activities:
1. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for military equipment including, but not limited to: grant funds; private, local, state, or federal funds; in-kind donations; or other Ordinance No. 2026-16
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donations or transfers.
3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council.
5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to general order.
6. 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.
7. Acquiring military equipment through any means not provided in California Government Code section 7071.
B. In seeking the approval of the City Council, the Escondido Police Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
V
I. MILITARY EQUIPMENT REPORTING
A. The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department.
1. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
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d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
3. Within 30 days of submitting and publicly releasing an annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.
B. The Department’s annual report is attached as Appendix A.
V II. CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Escondido Police Department shall be cataloged in a way which addresses each of the following requirements:
1. The manufacturer’s description of the equipment.
2. The capabilities of the equipment.
3. The purposes and authorized uses for which the Department proposes to use the equipment.
4. The expected lifespan of the equipment.
5. The fiscal impact of the equipment, both initially and for on-going maintenance.
6. The quantity of the equipment, whether maintained or sought.
V
III . COMPLIANCE
A. The use of military equipment is subject to individual Department Instructions, and is restricted for use only in certain instances and in some cases, only by certain units. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.
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B. Department members are bound to adhere to Department Instructions, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or Department Instructions may result in criminal or administrative investigations and/or actions.
C. Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with Department Instruction 1.12 – Civilian Complaint Reception and Investigation Procedure. These investigations will be reviewed by the Chief of Police to ensure that compliance with this military equipment procedure is maintained.
D. Any corrective action or discipline imposed as a result of a violation of this Department Policy will be administered in accordance with Department Instruction
1.12, relevant labor agreements, City Personnel Rules, and state law.
E. The Chief of Police is responsible for the use of military equipment. He is directly supervised by the City Manager who has independent oversight authority. The City Council appoints the City Manager who holds office at and during the pleasure of the council. The City Attorney also serves at the pleasure of the City Council and provides independent legal advice to the Chief of Police, the City Manager, and the City Council.
X. C
OMPLAINTS, INQUIRIES, QUESTIONS
A. In some instances, the application and use of military equipment can cause questions and/or concerns for members of the community. It is of vital importance that community members’ questions regarding the application and use of military equipment are addressed. The Escondido Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints.
Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.
B. Complaints directly related to the application or use of military equipment shall be handled in accordance with Department Instruction 1.12 – Civilian Complaint Reception and Investigation Procedure.
1. Members of the public may make complaints in any form; including use of the department’s online complaint form
(https://www.police.escondido.org/file-a-complaint.aspx), in person, in writing, by email or by phone.
2. The Internal Affairs Unit will maintain statistical data concerning the number and types of complaints regarding military equipment.
C. The Escondido Police Department values open communication and transparency.
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Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner:
1. Via the Department internet website where the public can email specific military equipment related questions to the Department.
2. At pre-determined Community Engagement Meetings related to military equipment.
3. At City Council Meetings related to military equipment.
4. In all other circumstances, the public should be directed to the Department’s Military Equipment Use Policy available on the Department’s internet website.
X. F
UNDING
The Department shall seek City Council approval for military equipment funding, including, but not limited to: grant funds; private, local, state, or federal funds; in-kind donations; or other donations or transfers.
XI.
USE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH OUTSIDE
AGENCIES
Military equipment used by any member of this jurisdiction 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 jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.
1. Department members are required to adhere to the Department’s Military Equipment Use Policy and all policies and procedures outlined within the Escondido Police Department Instructions, regardless of operational jurisdiction.
2. Should the Escondido Police Department request mutual aid from another law enforcement agency and military equipment is required during the course of the response, the following shall apply:
a. The Escondido Police Department shall remain in charge of the overall incident command.
b. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
c. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment.
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d. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re - assign the assisting agency to a different support mission.
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Appendix A
Escondido Police Department
Annual Military Equipment Report
Calendar Year 2025
Assembly Bill 481 added three section to the California Government Code statutes to address the use of “military equipment” by a local police force. Cal. Govt. Code section 7070 defines both “military equipment” and “military equipment use policy.” Cal. Govt. Code section 7071 provides the requirements for a military use policy and an annual review by the City Council. Cal. Govt.
Code section 7072 requires an annual military equipment report and a community engagement meeting prior to the City Council’s approval of the report . Each law addresses the subject from a slightly different perspective. This report seeks to address all the requirements required by AB 481 The report is organized into sections that correspond to the Cal. Govt. Code section 7072 requirements.
I. Summary of how the military equipment was used and the purpose of its use.
a. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance community and officer safety.
Loss of these items would jeopardize the safety and welfare of peace officers and make communities less safe. The term “military equipment,” as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. In fact, fed eral law requires that any equipment actually provided by the Department of Defense be demilitarized prior to transfer to a civilian law enforcement agency. The Department does have two vehicles previously owned by federal agencies, one from the Department of Defense and one from the Department of Homeland Security. But, for the most part, the equipment acquired by the City and now deem ed to be “military equipment” under state law are commercially available products that are readily available to the general public or in some cases restricted for sale to a law enforcement agency.
b. The Escondido Police Department is committed to using the most up to date tools and equipment to safeguard the community. E quipment now defined as “military equipment” have been used by the Department and other law enforcement agencies across the country on a daily basis. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to a higher level of force including a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide the Department’s peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. For example, Escondido Police officers have faced gun fire from suspects for prolonged incidents which required the use of armored/ballistic vehicles to protect the officers and community. The protection with ballistic equipment allows for more time and opportunity to attempt to de - escalate situations and provide for safer tactics to resolve life threatening events in the safest way possible to both officers and community members.
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c. All military equipment will be used in accordance with general and, when appropriate specific, Department Instructions. The Department Instruction on Use of Force provides overarching guidance and specific orders for all Department police officers including:
i. Law enforcement officers shall be guided by the principle of reverence for human life in all investigative, enforcement, and other contacts between officers and members of the public. When officers are called upon to detain or arrest a suspect who is uncooperative or actively resisting, may attempt to flee, poses a danger to others, or poses a danger to themselves, they should consider tactics and techniques that may persuade the suspect to voluntarily comply or may mitigate the need to use a higher level of force t o resolve the situation safely. The highest priority of California law enforcement is safeguarding the life, dignity, and liberty of all persons, without prejudice to anyone. Every person has a right to be free from excessive use of force by officers acting under color of law.
d. Often, the acquisition and use of military equipment is designed to avoid the use of force and when authorized, to use the least amount of force necessary.
II. Summary of complaints or concerns received concerning the use of military equipment.
a. The Department has received no complaints or concerns related to the use of military equipment.
III. Results of internal audits, any information about violations of military equipment use policy, and any actions taken in response.
a. The Department has not conducted an internal audit regarding military equipment.
However, in compiling this report the Department found no violations of the proposed military use policy. Further, the internal affairs unit did review their investigative files and found no violation of department policy that could be associated with the use of military equipment.
IV. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the cal endar year following submission of the annual military equipment report.
a. Please see the Reponses provided in Exhibit 1 to this Appendix.
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V. The quantity possessed for each type of military equipment.
a. The Escondido Police Department seeks approval for the continued use of the following military equipment. The Department has organized the response into the categories listed in California Government Code section 7070.
VI. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
a. Along with seeking authorization to use preexisting equipment, the Department will seek authorization to acquire, fund and use replacement consumable supplies which meet the statutory definition of “military equipment.” In the attached Exhibit, you will find an authorized quantity displayed next to an on-hand quantity for each piece of military equipment. For consumable supplies, the authorized quantity is set at a level to allow efficient inventory management such as starting the replacement process before depleting the on- hand supplies and making bulk purchases of consumable items to achieve cost savings. As always, the Department will seek additional council approval for any new type of “military equipment” in accordance with Department Instruction 1.55 and City budgetary and procurement practices.
b. Similarly, the Department routinely replaces old or worn equipment. The Department will seek a broad advance authorization to replace old, broken, obsolete, worn or damaged equipment, one for one, so long as the replacement of military equipment provides similar uses, characteristics, and capabilities, and will not significantly change or impact the public's welfare, safety, civil rights, and civil liberties.
c. The Department typically achieves approximately two million dollars a year in grant funding. Most grant funding opportunities involve a competition for limited resources and the Department must be able to act quickly and nimbly to successfully win grants. The Department will seek a broad advance authorization to seek and apply for local, state or federal grant funding. The Department will continue the practice of notifying the City Council when the Department succeeds in obtaining grant funding through the budget adjustment process.
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Exhibit (1)
Escondido Military Equipment
Pursuant to Cal. Govt. Code section 7070
I. Unmanned, remotely piloted, powered aerial or ground vehicles.
A. Unmanned Aircraft System (UAS): The Department has several small unmanned aircraft, also known as drones, along with the associated equipment necessary to control it remotely. All of the City’s drones are commercial products and available for sale to the general public.
1. D
escription, authorized / on hand (“Auth. – O/H”) quantity, capabilities, and purchase cost
a. DJI MATRICE 300 [Auth. 2- O/H 1] Has HT20 zoom and thermal camera. UAS with 45-minute flight time, all weather; equipped with IR and zoom camera and laser range finder. Has photo and video recording capabilities. Cost: $35,000.
b. DJI MATRICE 210 [Auth. 2- O/H 1] with Z30 zoom camera and XT2 thermal camera. UAS with 30-minute flight time, all weather; equipped with IR and zoom cameras. Has photo and video
recording capabilities. Cost $35,000. Expected to be phased out some time in 2025-25
c. DJI MAVIC MINI/DJI Avata. [Auth. 4- O/H 4] Small UAS designed for interior flights, approximately 30-minute flight time.
Has photo and video recording capability. Cost $400-$1,350 each. d. DJI PHANTOM 4 PRO. [Auth. 2- O/H 1] UAS with 30-minute flight time. Has photo and video recording capability. Cost $1,500. e. DJI MAVIC 2 & 3 ENTERPRISE. [Auth. 16- O/H 15] UAS with 30- to 40- minute flight time; equipped with strobe, loud speaker and searchlight accessories. Some equipped with thermal cameras.
Photo and video recording capability. Cost $2,600 - $5700 each
2. P
urpose
a. Law enforcement investigations including major collisions. b. Search for missing persons.
c. Natural disaster response and management.
d. SWAT, tactical or other public safety and life preservation missions
3. A uthorized Use
a. Only assigned operators who have completed the required training shall be permitted to operate UAS devices during approved missions.
4. E
xpected Life Span
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a. All UAS equipment, 3-5 years
5. F iscal Impact
a. Funding source, Escondido Police Department Budget.
b. Annual maintenance and battery replacement cost: approximately $12,000.
6. 2025 E xpenditures:
a. DJI Avata $1,348.00
b. Avata Battery $125.89 (X2) $252.00
c. Care Refresh Insurance – Avata $129.00
d. Tactical Light Kit – Avata $158.00
Total Costs (including taxes): $1,887.00
7. T
raining
a. All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation.
8. L egal and Procedural Rules
a. Department Instruction 1.20 Unmanned Aircraft
Systems provides detailed rules addressing the
employment of this category of equipment. The
Department makes policy and procedure documents
available to the public at:
https://police.escondido.org/view-policy-and-
procedure-documents.aspx
B. Lightweight robotic platform: Unmanned machine operating on the ground utilized to collect tactical information while minimizing risk of harm to police officers and community members.
1. D escription, quality, capabilities, and purchase cost
a. ROBOTEX AVATAR III. [Auth. 1 - O/H 0] Manufacturer
description: “The Avatar® III is a compact, lightweight robotic platform that is part of the RoboteX Avatar® Series. Designed from the ground up for portability, expandability, and ease‐of‐use, the Avatar® III serves as a useful tool for a variety of users. The Avatar® III can be customized with a variety of plug‐and‐play accessories. These accessories facilitate use of the robot in a variety of scenarios, including Tactical, CBRNE, EOD, K9, and personal security settings. There is no longer a need to send SWAT or tactical response teams into to a dangerous situation before you've had a chance to assess the situation. The AVATAR Tactical Robot from RoboteX is an affordable tactical robot that is easy to Ordinance No. 2026-16
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use and allows for quick and safe inspection of dangerous situations.” Cost: $28,105.
a. 2025: This item was decommissioned due to being end of service life. It was replaced with an in kind model listed below.
b. RECON ROBOTICS THROWBOT 2 ROBOT: [Auth. 1 – O/H 1]
Manufacturer description: “The Throwbot
® 2 (TB2) robot is a
throwable micro-robot platform that enables operators to obtain instantaneous video and audio reconnaissance within indoor or outdoor environments. Designed to withstand repeated drops of up to 30 feet (9 m) onto concrete, the Throwbot
® 2 robot can be
thrown into hazardous situations in order to allow operators to quickly make informed decisions when seconds count. This micro-robot is designed to be able to crawl over a variety of terrain, clearing obstacles up to 2″ (5 cm) tall. Conversion kits are available which can increase the ability of the Throwbot ® 2 robot
to cross obstacles up to 4″ (10 cm) tall or to carry and tow a combined 4 lbs (1.8 kg) of payloads using integrated mount points or a Picatinny Rail accessory.” Cost: $21,690
a. 2025: New acquisition to replace Robotex Avatar III listed above.
2. P
urpose
a. To be used to gain visual/audio data, deliver Emergency Notifications Team phone, open doors, and visually clear buildings.
3. A
uthorized Use
a. Only authorized users under the direction of the Incident Commander are permitted to operate the robot. The Department’s Avatar III has no weapons or offensive capability and primarily used by the SWAT team for information gathering.
4. E
xpected Life Span
a. 10-plus years.
5. F iscal Impact
a. Robotex Avatar III:
a. Funding source: Escondido Police Department Operating Budget
b. Annual maintenance and battery replacement cost:
approximately $500.
b. Recon Robotics Throwbot 2:
a. Funding source: Urban Area Security Initiative (UASI) Ordinance No. 2026-16
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Grant Funding.
6. T raining
a. The AVATAR III is maintained by the SWAT team
and designated operators receive in house training on
use. This training is conducted under the direction of
SWAT supervisors.
b. The Throwbot 2 is maintained by the SWAT team
and designated operators receive in house training on
use. This training is conducted under the direction of
SWAT supervisors.
7. L
egal and Procedural Rules
a. There is not a specific department instruction
outlining the use of the robot. Use of the robot will be in accordance with all department instructions and
applicable laws. The Department makes policy and
procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-
procedure-documents.aspx
II. Mine resistant ambush protected (MRAP) vehicles or armored personnel carriers.
However, police version of standard consumer vehicles are specifically excluded from this subdivision.
A. The Department uses two armored personnel carriers.
1. D
escription, quantity, capabilities, and purchase cost
a. LENCO BEARCAT G2. [Auth. 1 - O/H 1] Manufacturer
description: “The LENCO BEARCAT G2 is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.” Cost: $242,586.
b. PEACE KEEPER. [Auth. 1 - O/H 1] (Acquired from the San Diego County Sheriff). The Peace Keeper is a wheeled armored vehicle that seats 6-8 personnel with an open floor plan that allows for rescue of downed persons. It can stop various projectiles, which provides greater safety to the community members and officers beyond the protection level of shields and personal body armor.
Cost $0.
2. P
urpose
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a. To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
3. A
uthorized Use
a. The authorized use of armored vehicles will be at the direction of the Watch Commander or SWAT Commander based on the
specific circumstances of a given critical incident.
4. E
xpected Life Span
a. LENCO BEARCAT G2, 25 years.
b. PEACE KEEPER, 30 years.
5. F iscal Impact
a. Funding source:
a. Bearcat was purchased with funds from California
Emergency Management Agency.
b. Peacekeeper was acquired through the 1033 Program.
b. Annual maintenance and fuel costs for both vehicles:
approximately $10,000.
6. T
raining
a. All driver/operators will attend formalized instruction and be trained in vehicle operations and practical driving instruction.
7. L egal and Procedural Rules
a. Department Instruction 1.15 Emergency Vehicle Operation provides additional rules addressing the employment of this category of equipment. The Department uses breaching equipment and consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-procedure-
documents.aspx
III. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
A. The Department does not use any vehicles in this category.
IV. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. The Department does not use any vehicles in this category.
A. The Department does not use any vehicles in this category.
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V. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
A. The Department has one Mobile Incident Command Vehicle (MV). Although defined as “military equipment” the Departments MCV has no military function.
Rather it is a commercially available product custom built to provide a mobile office and command post to enable police supervisors to safely, efficiently and effectively manage the law enforcement response to critical incidents, and events.
1. D
escription, quantity, capabilities, and purchase cost
a. LDV designed; Freightliner M2-106 Chassis Mobile Command Vehicle, 2024 model year, custom built to house dispatch consoles, work stations, and meeting space.
[Auth 1- O/H: 1]. Cost $1,579,802
a. 2025: Purchased new; Initial approval, Resolution 2023- 128;
b. Chevrolet Workhorse Class A Motorhome, 2007 model, converted to house dispatch consoles, work stations, and meeting space. [Auth. 1 - O/H 1] Cost $322,114.
a. 2025: Decommissioned on 12/31/2025.
2. P
urpose
a. To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.
3. A
uthorized Use
a. The MCV shall be used by officers trained in their deployment and in a manner consistent with Department policy and training.
4. E xpected Life Span
a. The MCV, 15-year estimated lifespan on chassis and vehicle structure.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget and Escondido Fire Department Homeland Security Grant Funds. b. City of Escondido CIP Budget and Escondido Police Operating Budget.
c. Maintenance and fuel costs are approximately $1,000.
6. T
raining
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a. . All drivers of the vehicle must possess a Commercial Drivers License (CDL) (Class A or B at the minimum)for non-emergency operations. Training for CDL testing will be conducted by City CDL trainers.
7. L
egal and Procedural Rules
a. The Department has no specific rules or limitations regarding the operation of the command vehicle beyond California Vehicle Code requirements.Use shall be in accordance with California State law regarding the operation of a commercial motor vehicle.
B. The Department uses one Emergency Negotiation Team (ENT) vehicle. The ENT vehicle facilitates all of the functions of emergency negotiations during a critical incident. The vehicle contains phone/work stations, a conference space, and houses ENT equipment. Though customized for a specific mission, the vehicle is a commercially available product and not a traditional piece of military equipment.
1. D
escription, quantity, capabilities, and purchase cost
a. Utilimaster Utilivan II, model year 2002, cab and chassis with an upgraded box that houses a work space and equipment. [Auth. 1 - O/H 1] The vehicle was originally purchased for a different city department for $90,633. It was re-purposed for ENT and the box retrofit cost $36,976.
2. P
urpose
a. To be utilized for critical incident callouts.
3. A uthorized Use
a. The ENT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license.
4. E
xpected Life Span
a. The ENT vehicle has a 30-year lifespan on a chassis and vehicle.
5. F iscal Impact
a. Funding source for the retrofit: Escondido Police Department Asset Forfeiture Funds.
b. Maintenance and fuel costs: approximately $600.
a. Escondido Police Department Operating Budget.
6. T
raining
a. Operators will receive practical training on driving the vehicle.
7. L egal and Procedural Rules
Ordinance No. 2026-16
Exhibit "A"
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Item10.
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Revised 04-25 (EW #369)
a. The Department has no specific rules or limitations regarding the use of a converted van. Use shall be in accordance with California State law regarding the operation of motor vehicles.
VI. Weaponized aircraft, vessels, or vehicles of any kind
A. The Department does not use any vehicles in this category.
VII. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
A. The Department SWAT unit uses a variety of breaching equipment and consumables that are commonly used by similar specialize units throughout the law enforcement community. Breaching equipment and supplies are not generally available for public sale.
1. D
escription, quantity, capabilities, and purchase cost
a. DETONATING CORD. [Auth. 1000 ft. - O/H 843 ft.]
Manufacturer description: “The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, penthrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high- speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.” Cost: $1 per foot.
a. 2025
i. Expenditures $157
ii. Acquisitions $0
b. C 2 DETASHEET EXPLOSIVES. [Auth. 40 ft. - O/H 34.5 ft.] Manufacturer description: “DETASHEET® Flexible Explosive) is a waterproof PETN-based (63% nominal) flexible sheet explosive.
It is manufactured as a continuous roll of varying lengths and thicknesses for a wide range of applications. It can be easily cut to any desired shape and applied with adhesive or incorporated into a charge holder. The flexible sheet can be applied as strips directly on the target or used to improvise linear shape charges.” Cost $20 per foot.
a. 2025
i. Expenditures $0
ii. Acquisitions $0
Ordinance No. 2026-16
Exhibit "A"
164
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Revised 04-25 (EW #369)
c. BLASTING CAP. [Auth. 125 - O/H 98] Manufacturer description:
“A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non- electric caps, electric caps, and fuse caps.” Cost: $12 each.
a. 2025
i. Expenditures $300
ii. Acquisitions $
d. ROYAL REMINGTON 870 EXPRESS BREACHING
SHOTGUN. [Auth. 4 - O/H 4] Manufacturer description: “This weapon allows for breachers to safely utilize shotgun breaching rounds in order to destroy deadbolts, locks, and hinges. The stand- off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS).” Cost: $380 each.
a. 2025: No change.
e. ROYAL ARMS TESAR #1 ORANGE CAP 275 GRAIN
COPPER FRANGILBE BREACHING ROUND. [Auth. 300 - O/H
128] The round is fired from a breaching shotgun and is used to defeat solid wood doors, locks, and hinges. Cost: $6.75 per round (2025 increase)
a. 2025
i. Expenditures $32.20
1. Cost at previous price of $2.60 per round.
ii. Acquisitions $337.50
f. ROYAL ARMS TESAR #2 BLACK CAP 425 GRAIN COPPER
FRANGILBE BREACHING ROUND. [Auth. 100 - O/H 50] The
round is fired from a breaching shotgun and is used to defeat heavy locks, dead-bolts, and hinges on solid oak or steel doors. Cost:
$2.90 per round.
a. 2025: No change.
Ordinance No. 2026-16
Exhibit "A"
165
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1.55 ADMINISTRATION
Revised 04-25 (EW #369)
g. ROYAL ARMS HP-Cutter PURPLE CAP 450 GRAIN HOLLOW
POINT REBAR CUTTER ROUND. [Auth. 40 - O/H 20] The
round is fired from a breaching shotgun and is used to cut re-bar, penetrates security glass, car doors, and punches into engine blocks. Cost: $2.90 per round.
a. 2025: No change.
h. ROYAL ARMS FB-82H 82 PINK CAP 82 GRAIN FLASH
BANG HARD. [Auth. 200 - O/H 180] The round is fired from a breaching shotgun and is used as a diversionary device for disorientation or as a breaching round for solid wood doors, light steel, sliders, or car windows. Cost: $5.00 per round.
a. 2025
i. Expenditures $110.20
1. Cost at previous price of $2.90 per round.
ii. Acquisitions $250
2. P
urpose
a. To safely gain entry into a structure while minimizing the risk of harm to those inside the structure
3. A
uthorized Use
a. Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and
during training exercises.
4. E
xpected Life Span
a. Detonating cord - 10 years. Blasting Caps - 10 years. b. Breaching Shotgun - 25 years.
c. All Royal Arms breaching rounds – 5 years.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $500.
6. T raining
a. All officers who use explosive breaching tools shall attend an 11- day Master Tactical Breacher course and must additionally receive quarterly training for explosive operations. All officers utilizing breaching shotgun rounds will receive department approved training from a Master Tactical Breacher.
7. L
egal and Procedural Rules
Ordinance No. 2026-16
Exhibit "A"
166
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
a. Department Instruction 1.24 and 1.46 provide detailed rules addressing the use of force and the employment of this category of equipment. The Department uses breaching equipment and
consumables in accordance with the Department’s Tactical Operations Group manuals. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-procedure-
documents.aspx
VIII. VIII. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
A. The Department does not use any equipment in this category.
IX. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
A. The Department does not use any equipment in this category.
X. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
A. The Department uses rifles and ammunition at extended ranges to safely and accurately engage targets when authorized to do so. Most of the weapons are commercially available to the public, although weapons and ammunition may be restricted. The Department does not use or possess automatic weapons.
1. D
escription, quantity, capabilities, and purchase cost
a. SIONICS Patrol Three SBR 5.56mm Rifle. [Auth. 170 – O/H 147 ] The Patrol Three rifle is a semi-automatic shoulder-fired long gun that fires a .223/5.56mm projectile. This rifle is a variant of the AR-15 style of rifle and is utilized by patrol and SWAT officers.
Cost $1522 to $2,160 each depending on accessory configuration.
a. 2025:
i. Expenditures $0
ii. Acquisitions $30,992
b. Colt M4 Commando/LE 5.56 16” Rifle. [Auth. 170 – O/H 90] Manufacturer description: “The Colt Trooper® Patrol Carbine is a modernized, pro-quality semi- automatic Modern Sporting Rifle based on Colt's legendary M4 platform.” This rifle is utilized by officers outside of the SWAT unit. Cost $1,049-$2160 each.
Ordinance No. 2026-16
Exhibit "A"
167
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
a. 2025: No change in Expenditures/Acquisitions.
c. Colt Commando M4 5.56mm Rifle. [Auth. 4 - O/H 0] The M4 Commando is a compact rifle of US origin. Whereas the original Colt Commando was based on the M16A1, the M4 Commando is based on the improved and NATO compliant M16A2. Just like its predecessor it fills a gap between pistol caliber sub machine guns and carbines and rifles that have a longer effective range. Cost $1,400 each.
a. 2025: No change in Expenditures/Acquisitions.
d. Seekins Precision, Inc. SP10 18” Rifle (308 Winchester). [Auth. 4 - O/H 4 ] The SP10 is a semi-auto 308 caliber precision rifle utilized by SWAT Snipers. The SP10's proprietary design of the upper receiver and handguard provides a rigid, no-flex platform for repeatable, extreme accuracy under any condition. The SP10 lower receiver offers full ambidextrous controls allowing effective, efficient manipulation of the weapon from either side. The SP10 is the perfect large-frame AR platform for hunting, competition, or duty use. Cost $2,340.
a. 2025: Determined to be defective. Returned to
manufacturer. Items replaced by in-kind items from Daniel Defense; listed below.
e. Daniel Defense, Inc. DD5 SBR 12.5” Rifle (308 Winchester). [Auth. 5 – O/H5] The DD5 is a semi-auto 308 caliber precision rifle utilized by SWAT Snipers. The DD5 lower receiver offers full ambidextrous controls allowing effective, efficient manipulation of the weapon from either side. The DD5 offers reduced overall felt recoil and impulse control. The 4-bolt connection system dramatically increases the connection surface for the upper receiver and barrel for more rigidity and accuracy. Cost $4,842.00.
a. 2025 : New Acquisition to replace defective Seekins SP10 listed above.
i. Acquisition: $27,452.93
f. ArmaLite AR-10 18” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $0, acquired from the United States Department of Justice at no cost.
a. 2025: No change.
Ordinance No. 2026-16
Exhibit "A"
168
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
g. ArmaLite/Eagle Arms AR-10 20” Barrel 308 Caliber Rifle. [Auth. 1 - O/H 1] The AR-10 is a semi-auto 308 caliber rifle that is utilized primarily by SWAT. Cost $ 0, acquired from the United States Department of Justice at no cost.
a. 2025: No change.
h. Winchester 5.56mm 64GR Bonded Solid Base Rifle Round. [Auth. 50,000 - O/H 48000] Manufacturer description: “The Winchester Ranger 5.56mm 64gr Bonded Solid Base rifle duty ammunition has a protected soft point designed to initiate rapid and controlled expansion to quickly stop a potential threat. Its bonded lead core maximizes retained weight for consistent terminal performance through a wide range of demanding barriers. The extruded solid base design maximizes penetration even after encountering a tough barrier such as auto glass. For law enforcement and military personnel only.” The duty round that it utilized in SIONICS and Colt rifles. Cost $897 per 1,000 rounds.
a. 2025
i. Expenditures $2300
ii. Acquisitions $31184
1. 25000 rounds backordered from Aug 2024
were delivered and billed in Sept 2025.
i. Winchester 5.56mm 55GR FMJ Rifle Round. [Auth. 75,000 - O/H 49,500] Manufacturer description: “Backed by generations of legendary excellence, Winchester "USA White Box" stands for consistent performance and outstanding value, offering high- quality ammunition to suit a wide range of hunter's and shooter's needs.” The training round that is utilized in the SIONICS and Colt rifles. Cost $416 per 1,000 rounds.
a. 2025:
i. Expenditures $32500
ii. Acquisitions $0
j. Hornady 308 Win 168GR A-MAX TAP Rifle Round. [Auth.
16,000 - O/H 2940] Manufacturer description: “The 168 gr. A- MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A- MAX® bullet. Standard barrier performance is exemplary and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry leading all-around performance for law Ordinance No. 2026-16
Exhibit "A"
169
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
enforcement precision marksmen providing the ability to stop a threat.” The duty round for open air applications for the Seekins Precision SP10. Cost $950 per 1,000 rounds.
a. 2025:
i. Expenditures $3097
ii. Acquisitions $0
k. Hornady 308 Win 165GR GMX TAP Barrier Rifle Round. [Auth. 4,000 - O/H 1114] Manufacturer description: “TAP® Heavy Barrier™ turns cover into concealment. The 165 gr. GMX® TAP® Heavy Barrier™ is constructed of a monolithic copper alloy. It shoots cleaner than pure copper, fouls less and delivers devastating terminal performance. The GMX® bullet penetrates heavy barriers such as 1" laminated glass with exceptional weight retention while still delivering superior terminal performance.” The duty round for shooting through barriers, such as glass, utilized in the Seekins Precision SP10. Cost $850 per 1,000 rounds.
a. 2025:
i. Expenditures $0.
ii. Acquisitions $0
iii. 2025 Armory Audit revealed addition O/H not
previously counted.
l. Ruag 308 Win 164GR Tactical Armor Piercing Rifle Round. [Auth. 1,000 - O/H 851] Manufacturer description: “To be prepared for every scenario, snipers require a round with high penetration power on hard targets such as reinforced glass, body- and light vehicle armor. Because the core stays intact during penetration, it transfers extremely effective residual energy to hard targets. The bullet jacket provides best accuracy, protects the barrel and is stripped off upon impact.” The duty round for shooting through hardened barriers utilized in the Seekins Precision SP10.
Cost $800 per 300 rounds.
a. 2025:
i. Expenditures: $88.00
ii. Acquisitions: $0
m. Hornady 308 Win 110GR TAP Urban Rifle Round. [Auth. 20,000 - O/H6174] Manufacturer description: “This cartridge provides the police marksman a unique bullet that demonstrates rapid expansion, fragmentation and low retained weight. The 110 gr.
TAP Urban® bullet offers the least penetration in ballistic gelatin and lower felt recoil as compared to heavier TAP® loads. The 110- gr. bullet demonstrates similar penetration to the 223 Rem 75 gr.
Ordinance No. 2026-16
Exhibit "A"
170
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
BTHP bullet, but with substantially more temporary and
permanent cavity and fragmentation, proving itself an excellent choice for high collateral risk environments.” The duty round for the ArmaLite AR-10. Cost $950 per 1,000 rounds.
a. 2025:
i. Expenditures: $2090
ii. Acquisitions: $0
1. 2025 Armory Audit revealed addition O/H
not previously counted.
2. n. Federal 308 Win 150GR FMJ Boat Tail Rifle Round. [Auth. 4,000 - O/H 2402] Manufacturer description: “Invest in deep penetration with Federal American Eagle Rifle Ammunition .308 150GR FMJ 20 Box. Feed your rifle quickly. Give your rifle nothing short of perfect cycling with a noncorrosive finish and the top ammo you can find from a reliable ammo company. What has kept many loyalists buying this rifle ammunition besides the familiar feel and performance is the company's wide range of bullets with unique features designed for use in different conditions and for different shooters.” One of the training rounds for the ArmaLite AR-10.
Cost $772 per 1,000 rounds.
a. 2025:
i. Expenditures: $2090
ii. Acquisitions: $0
1. 2025 Armory Audit revealed addition O/H
not previously counted.
o. Winchester 308 Win 147GR FMJ Rifle Round. [Auth. 4,400 - O/H 301] Manufacturer description: “This Winchester USA centerfire rifle ammo is the ideal choice for training or extended sessions at the range and provides several features such as no expansion, positive functioning, good accuracy, and no barrel leading.” One of the training rounds for the ArmaLite AR-10. Cost $760 per 1,000 rounds.
a. 2025:
i. Expenditures $$1054
ii. Acquisitions $0
2. P
urpose
a. To be used as precision weapons to address a threat with more accuracy and/or greater distances than a handgun, if present and feasible, while minimizing risk to officers and the community.
Ordinance No. 2026-16
Exhibit "A"
171
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1.55 ADMINISTRATION
Revised 04-25 (EW #369)
3. Authorized Use
a. Only members that have completed the EPD rifle training program are authorized to use a rifle. SWAT operators attend additional rifle training courses and are authorized to use a rifle.
4. E
xpected Life Span
a. Various manufacturers. Various calibers, models, and types.
Lifespan varies on usage and wear.
5. F
iscal Impact
a. Funding sources: Escondido Police Department Operating Budget, Asset Forfeiture Funds and the U.S. Department of Justice. b. Annual consumable replacement costs: approximately $50 per rifle.
6. T
raining
a. Officers must attend a two-day in-house rifle training program before they are issued a rifle. They must then qualify with the rifle three times annually. SWAT operators attend additional training courses and train twice per month.
7. L
egal and Procedural Rules
a. Department Instruction 1.2B Equipment and Weapons and 1.5 Use of Firearms provide detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-procedure-
documents.aspx
XI. Any firearm or firearm accessory that is designed to launch explosive projectiles.
A. The Department does not use any equipment in this category.
XII. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
A. The Department uses a variety of distraction devices, otherwise known as “flashbangs,” to produce intense noise and light in order to temporarily disorient dangerous suspects during high risk arrests/warrant services and hostage rescues.
1. D
escription, quantity, capabilities, and purchase cost
a. Defense Technology Low Roll 12-gram Reloadable Distraction Device. [Auth. 250 - O/H 105] Manufacturer description: “The Distraction Device Reload utilizes a standard military-style Ordinance No. 2026-16
Exhibit "A"
172
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6- 8 million candelas for 10 milliseconds.” Cost: $36 each
a. 2025:
i. Expenditures $684
ii. Acquisitions $0
b. Combined Systems Model 7290 7 Bang. [Auth. 15 - O/H 12] Manufacturer description: “The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.” Cost: $141 each.
a. 2025: No change.
c. Combined Systems Model 7290M Mini-Bang. [Auth. 50 - O/H 36] Manufacturer description: “The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all of the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.” Cost: $51.50 each.
a. 2025:
i. Expenditures $0
ii. Acquisitions $1854
2. P
urpose
a. 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 a tactical advantage.
3. A
uthorized Use
a. SWAT Operators and Mobile Field Force officers that have received authorized training shall use Diversionary Devices only under the following:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
Ordinance No. 2026-16
Exhibit "A"
173
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
d. During other high-risk situations where their use would enhance officer safety.
e. During training exercises.
4. E
xpected Life Span
a. All distraction devices, 5 years.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $6,000.
6. T raining
a. Prior to use, officers must attend divisionary device training that is conducted by POST certified instructors.
7. L
egal and Procedural Rules
a. Department Instruction 1.46 Use of Specialty Munitions provides detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-procedure-
documents.aspx
B. The Department uses chemical Agent and Smoke Canisters: to disperse rioters, and flush out armed suspects to help minimize using higher levels of force that could impact officer and community safety. Although the manufactures label their devices as grenades, the equipment used by the Department are not explosive.
1. D
escription, quantity, capabilities, and purchase cost
a. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS
DISCHARGE GRENADE, CS, #1072. [Auth. 50 - O/H 7]
Manufacturer description: “The Spede-Heat CS Grenade is a high volume, continuous burn it expels its payload in approximately 20- 40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately
2.9 oz. of active agent.” Cost: $25 each.
a. 2025:
i. Expenditures $25
ii. Acquisitions $0
Ordinance No. 2026-16
Exhibit "A"
174
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
b. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS
DISCHARGE GRENADE, CS, #1082 [Auth 50, - O/H 0]
Manufacturer description: “The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in by 2.35 in. and holds approximately 2.7 oz. of active agent.
a. 2025: Expenditures $250
i. Expired munitions
b. Acquisitions $0
c.
c. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
CS #1016. [Auth. 50 - O/H 0] Manufacturer description: “The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.” Cost $22 each.
a. 2025:
i. Expenditures $44
1. Expired munition.
ii. Acquisitions $0
d. COMBINED TACTICAL SYSTEMS (CTS), OUTDOOR
TACTICAL GRENADE- CS. #8230 [Auth. 50- O/H 20].
Manufacturer Description: The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Cost $25.23 each. (New in-kind acquisition to replace Defense Technology item (#1016) listed above).
a. 2025:
i. Expenditures: $0
ii. Acquisitions: $504.60
Ordinance No. 2026-16
Exhibit "A"
175
Item10.
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Revised 04-25 (EW #369)
e. DEFENSE TECHNOLOGY, FLAMELESS EXPULSION CS
GRENADE, #2042. [Auth. 25 - O/H 0] Manufacturer description:
“The CS Flameless Expulsion Grenade is a compact, non-
pyrotechnic, chemical agent device that provides safe expulsion without risk of fire. It is safe to use inside of a residence. Unlike pyrotechnical grenades, this device’s contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz. of active agent during its 3- second discharge time.” Cost: $48 each.
a. 2025: Specific item to no longer used after 2025.
i. Expenditures $864
ii. Acquisitions $0
f.
COMBINED TACTICAL SYSTEMS, OC CS VAPOR
GRENADE, IRRITANT NON PYRO #6343. [AUTH. 30 –
O/H 1] Manufacturer description: “A unique grenade
delivering an invisible vapor and rendering an intense
respiratory effect. Provides best results when used indoors and requires no personal decontamination.” Cost: $44.78
a. 2025: New in-kind acquisition to replace Defense
Technology item listed above.
i. Expenditures: $1343.40
1. Delivery Pending for 30.
g.
h. DEFENSE TECHNOLOGY, MAXIMUM HC SMOKE
MILITARY-STYLE CANISTER, #1073. [Auth. 25 - O/H 0]
Manufacturer description: “The Military-Style Maximum Smoke Grenade comes from the Defense Technology #3 smoke grenade.
It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey-white smoke only for approximately 1.5 to 2 minutes.” Cost:
$38 each.
a.
2025: No acquisitions. Munitions expired.
i. DEFENSE TECHNOLOGY, POCKET TACTICAL GRENADE,
SAF-SMOKE™, and #1017. [Auth. 10 - O/H 0] Manufacturer
description: “The Pocket Tactical Saf-Smoke™ Grenade is small, and lightweight. The Saf-Smoke™ will burn approximately 20- 40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is normally used as a signaling or covering device. Though it is slightly over four inches in length, it produces a smoke cloud so Ordinance No. 2026-16
Exhibit "A"
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Revised 04-25 (EW #369)
fast it appears to be an enveloping screen produced by a full-size tactical grenade.” Cost $18 each.
a. 2025: No acquisitions. Munitions expired.
j. DEFENSE TECHNOLOGY, STINGER 32 CALIBER RUBBER
BALL GRENADE, #1090SC. [Auth. 20 - O/H 0] Manufacturer
description: “The Stinger® Rubber Ball Grenade with safety clip is a maximum effect device that delivers three stimuli for psychological and physiological effects: rubber pellets, light, and sound. The Stinger® Rubber Ball Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections.
The Stinger® Rubber Ball Grenade has an initial 1.5 second delay that initiates fuze assembly separation, followed by another .5 second delay before the blast which is sufficient to project the rubber balls in a 50-foot radius.” Cost $45 each.
a.
2025: No acquisitions. Munitions expired.
k. DEFENSE TECHNOLOGY, HAN-BALL GRENADE CS, #1092.
[Auth. 20 - O/H 0] Manufacturer description: “The Han-Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15-20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuze head, and 3.1 in. diameter.
This launchable grenade holds approximately 1.6 oz. of active agent which is expelled through three ports around the equator of the ball. Due the intense heat generated by this grenade, it should not be used inside a building or near flammable material.” Cost $45 each.
a. 2025:
i. Expenditures $450
1. Expired Munitions
ii. Acquisitions $0
l. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE, #5230.
[Auth. 75 - O/H 50] Manufacturer description: “Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds.” Cost $34.55 each.
a. 2025:
i. Expenditures: $0
ii. Acquisitions: $587.35
Ordinance No. 2026-16
Exhibit "A"
177
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Revised 04-25 (EW #369)
m. COMBINED TACTICAL SYSTEMS, CS BAFFLED CANISTER
GRENADE, PYRO, LOW FLAME POTENTIAL, #5230B. [Auth.
75- O/H 26] Manufacturer description: “Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.” Cost $47.45 each..
a. 2025:
i. Expenditures $1221
ii. Acquisitions $711.75
1. Awaiting order arrival.
n. COMBINED TACTICAL SYSTEMS, RIOT CS SMOKE
TRIPLE- PHASER, #5231. [Auth. 30 - O/H 28] Manufacturer description: “CS Triple Phaser canister grenade is a large diameter grenade consisting of 3 separate aluminum canisters pressed together with separate charges between each canister. When deployed, the grenade will separate over a broad space to give a wider area of coverage. Can be launched or thrown.” Cost $37 each.
a. 2025:
i. Expenditures $74
ii. Acquisitions $0
b.
o. COMBINED TACTICAL SYSTEMS, WHITE/YELLOWSMOKE
CANISTER GRENADE, #5210 and #6210Y. [Auth. 30 - O/H 10] Manufacturer description: “White outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.” Cost $33.52 each.
a. 2025:
i. Expenditures: $296
ii. Acquisitions: $368.72
1. Awaiting order delivery.
p. COMBINED TACTICAL SYSTEMS, BLUE SMOKE
CANISTER GRENADE, #6210B. [Auth. 10 - O/H 5]
Manufacturer description: “Blue outdoor smoke grenades are used for obscuring tactical movement and signaling or marking a landing zone.” Cost $37 each.
a. 2025: No change.
Ordinance No. 2026-16
Exhibit "A"
178
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
q. COMBINED TACTICAL SYSTEMS, YELLO SMOKE
TACTICAL CANISTER GRENADE, #8210Y. [Auth. 10 - O/H
10] Manufacturer description: “Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.” Cost $32 each.
a. 2025:
i. Expenditures $64
ii. Acquisitions $0
r. COMBINED TACTICAL SYSTEMS, RED SMOKE TACTICAL
CANISTER GRENADE, #8210R. [Auth. 10 - O/H 0]
Manufacturer description: “Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.” Cost $32 each.
a. 2025:
i. Expenditures $32
ii. Acquisitions $0
2. P
urpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. May only be used in riots and civil unrest incidents in accordance with all applicable laws.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
3. A
uthorized Use
a. Only officers who have received training from POST certified instructors in the use chemical agents are authorized to use chemical agents.
4. E
xpected Life Span
a. 5 years from the manufacturing date.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $10,000.
6. T raining
Ordinance No. 2026-16
Exhibit "A"
179
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
a. Sworn members utilizing chemical agent canisters are trained by certified POST less lethal and chemical agent instructors.
7. L egal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and
1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.
The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-an d-
procedure-documents.aspx
C. Combined Systems LC5 40mm Launching Cup: Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.
1. D
escription, quantity, capabilities, and purchase cost
a. COMBINED SYSTEMS, LC5 LAUNCHING CUP. [Auth. 4 -
O/H 2]. Manufacturer description: “The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun and the munition launched with our model 2600 launching cartridge.” Cost: $302 each.
a. 2025:No change.
b. COMBINED SYSTEMS, 12GA LAUNCHING CARTRIDGE,
#2600. [Auth. 50 - O/H 28] The 12ga Launching cartridge is to be used with the 52 series launching cup. Cost $7 per round.
a. 2025:
i. Expenditures $147
ii. Acquisitions $0
2. P
urpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
3. A
uthorized Use
a. This equipment is authorized for use by SWAT officers who have received formal training by POST Certified Chemical Agents Instructors.
4. E
xpected Life Span
a. Combined Systems LC5 Launching Cup- 25 years.
5. F iscal Impact
Ordinance No. 2026-16
Exhibit "A"
180
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
a. Funding source: Escondido Police Department Operating Budget. b. No annual consumable replacement costs.
6. T raining
a. Officers utilizing the launching cups are trained in there use by SWAT POST certified chemical agent instructors.
7. L egal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and
1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.
The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-and- procedure-documents.aspx
D. “Pepper Balls”. A non-lethal munitions system that employs paint ball style launchers to fire 0.68 caliber; spherical munitions commonly referred to as “pepper balls” that contain powdered chemical agents such as OC in place of the paint. These munitions use a delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. “Pepper ball” munitions also include glass breaking rounds and marking rounds.
1. D
escription, quantity, capabilities, and purchase cost
a. PepperBall™ brand products:
a. PepperBall™ SA200 Launcher. [Auth. 4 – O/H 4] The
PepperBall™ SA200 is the Tippmann Pro/Carbine launcher
used widely in the paintball arena as a rental marker. It was sold by PepperBall™ from 1999 to 2006. The launcher
features a horizontal forearm grip and breech opening
similar to a shotgun. This is one of the most reliable air- powered launchers ever designed and with proper
maintenance, should last law enforcement and military
customers for decades to come. Tippmann stopped
production of this launcher in 2006. Cost $140 each.
b. PepperBall™ VKS Launcher [Auth 4 – O/H 1]
Manufacturer Description: “The VKS is a top-tier, semi- automatic launcher with adjustable kinetics, and a game- changer in non-lethal operations. Deploy .68 caliber round or long-range VXR™ projectiles for added flexibility. The VKS mirrors the AR-15 platform, making it easy to adopt and integrate into agency programs.” Cost $0, acquired
from the PepperBall™ corporation at no cost.
Ordinance No. 2026-16
Exhibit "A"
181
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
i. 2025: No change.
c. P epperBall ™ Tac 700 Launcher [Auth 2 – O/H 1]
Manufacturer description: The PepperBall TAC 700 Full
Auto launcher brings fully automatic capability, with up to 700 rounds per minute, to your non-lethal PepperBall
launcher options. The Pepper Ball TAC700 is a compressed air powered launcher that shoots .68 caliber rounds.
Officers can quickly create large pepper clouds for crowd control, barricade busting, or more quickly achieve
individual suspect compliance. Optional trigger settings assure the TAC 700 can be set-up to conform to agency
policy while giving officers the right capabilities to achieve their goals.” (This launcher has since been discontinued).
Cost $0, acquired from the PepperBall™ corporation at no cost.
i. 2025:
1. Expenditures $0
2. Acquisitions $0
d. P epperBall ™ Tac-SA Pro Launcher [Auth: 50- O/H 16].
Manufacturer Description: The TAC-SA PRO, a robust
semi-automatic launcher, is tailored for high-intensity situations such as daily patrol, crowd management, and
riot-control scenarios. This .68 caliber launcher is a
powerhouse in operational efficiency and effectiveness.
Cost $900 each.
i. 2025:
1. Expenditures $0
2. Acquisitions $14400
e. Note: New item replacing Sabre SL1 previously requested in 2025 (listed below)PepperBall™ Tac-SA Pro Plus
Launcher [Auth: 8- O/H 4] Manufacturer Description:
The TAC-SA PRO PLUS is an upgraded version of the
TAC-SA PRO semiautomatic launcher featuring a
lightweight carbon fiber tank, an enhanced reflex sight and a folding stock, the TAC-SA PRO PLUS is tailored for
high-intensity situations and a powerhouse in operational efficiency and effectiveness. Cost $1020 each.
i. 2025:
1. Expenditures $0
2. Acquisitions $4080
f. PepperBall™ VKS Pro Launcher [Auth: 8- O/H 2].
Manufacturer Description: The VKS PRO is a top-tier,
Ordinance No. 2026-16
Exhibit "A"
182
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
semi-automatic launcher with adjustable kinetics, and a game-changer in non-lethal operations. Deploy .68 caliber round or long-range VXR™ projectiles for added
flexibility. The VKS PRO mirrors the AR-15 platform,
making it easy to adopt and integrate into agency programs.
Cost $1120 each.
i. 2025:
1. Expenditures $0
2. Acquisitions $2240
g. PepperBall™ Live Projectile (Red/White). [Auth. 5,000 – O/H 2,250] Manufacturer description: “The basic
PepperBall™ projectile, it contains 0.5% PAVA, and is
excellent for direct impact and area saturation, especially in confined, interior spaces.” Cost $1,000 per 375 projectiles.
i. 2025: No change.
h. PepperBall™ Live SD Projectile (Red). [Auth. 5,000 – O/H 750] Manufacturer description: “The live PepperBall round contains 2.0% PAVA. It is effective for direct impact and area saturation when there is no line of sight.” Cost $1,000 per 375 projectiles.
i. 2025: No change.
i. PepperBall™ Inert Projectile (Purple). [Auth. 5,000 – O/H 2500 Manufacturer description: “Containing a harmless,
scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.” Cost $355 per 1,500 projectiles.
i. 2025:
1. Expenditures $150
2. Acquisitions $0
j.
k. PepperBall™ Marking Projectile. [Auth. 1,000 – O/H 0] Manufacturer description: “This projectile contains a paint solution that can be used to mark suspects for later
apprehension and/or marking doors, openings, or objects for identification.” Cost $200 per 250 projectiles.
i. 2025:
1. Expenditures $0
2. Acquisitions $0
Ordinance No. 2026-16
Exhibit "A"
183
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
l. PepperBall™ Live-X PAVA [Auth. 10,000- O/H 5625]
Manufacturer description: A powerful concentration of 5% PAVA powder. Excellent for direct impact, area saturation and crowd control. Cost $1034 per 375 projectiles.
i. 2025
:
1. Expenditures $0
2. Acquisitions $0
m. P epperBall ™ Marking (Pink) [Auth. 750- O/H 375]
Manufacturer description: The PepperBall marking
projectile contains a pink paint solution that can be used to mark suspects for later apprehension and/or marking doors, openings, or objects for identification. Cost $270 per 375 projectiles.
i. 2025:
1. Expenditures: $0
2. Acquisitions: $0
n.
PepperBall™ VXR Live- Maxx PAVA [Auth. 500 - O/H
150] Manufacturer Description: The VXR™ LIVE-
MAXX™ offers greater distance and accuracy when
compared to a standard round ball projectile. Exclusive MAXSAICIN process for greater bio-availability and
effect. Use for direct impact, area saturation and crowd control situations. Cost $338.99 per 50 projectiles.
i. 2025:
1. Expenditures: $0
2. Acquisitions: $0
o. P epperBall ™ VXR Marking- Blue Ink [Auth. 250 - O/H 50] Manufacturer Description: The VXR™ Marking™
projectile contains a paint solution that can be used to mark suspects for later apprehension and/or marking doors,
openings, or objects for identification. Cost $135.99 per 50 projectiles.
i. 2025:
1. Expenditures: $0
2. Acquisitions: $0
p. P epperBall ™ Glass Breaker Solid [Auth. 500 – O/H 100] Manufacturers Description: A solid polymer projectile used for breaking out residential windows and side-glass of
Ordinance No. 2026-16
Exhibit "A"
184
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
automobiles. Not for use on humans or animals. Cost:
$219.50 per 100 projectiles.
i. 2025:
1. Expenditures: $0
2. Acquisitions: $0
b.
SABRE Brand Products:
a. SABRE SL-R1 Series Launcher [Auth. 50 – O/H 0]
Manufacturer description: “The SABRE fully pneumatic &
semi-automatic SL-R1 series 0.68 Caliber Launcher is
purpose built for the law enforcement and corrections end user purpose. It is not simply a consumer product that has been rebranded and sold at a premium to law enforcement.
The SABRE SL-R1 series 0.68 Caliber Launcher contains
an offset rigid adjustable stock. This is an upgrade over our present system. Often, we will be masked up or wearing a helmet. The offset gives a much better ability to sight the launcher. The SABRE SL-R1 series 0.68 Caliber Launcher
utilizes both an ambidextrous safety and charging handle.” Cost $600 per launcher.
i. 2025: No change. Never purchased.
b. SABRE SPMCP Projectile (Black/Orange) [Auth 10,000,
O/H 0] Manufacturer description: 1% Major Capsaicinoids (MC)/4% PAVA projectile designed for direct impact up to 60 feet and area saturation up to 175 feet. Ideal for
Crowd/Riot control, combative suspects, high risk
transports, and correctional applications. Cost $950 per 500 projectiles.
i. 2025: No change. Never purchased.
c. SABRE SPINERT Projectile (White/Yellow) [Auth 5000,
O/H 0] Manufacturer description: Inert training powder
projectile. Cost $315 per 500 projectiles.
i. 2025: No change. Never purchased.
d. SABRE SPGB Projectile (All white) [Auth 1000; O/H 0].
Manufacturer Description: Solid nylon projectile designed for glass breaking. NOT FOR HUMAN TARGETS. Cost
$775 per 500 projectiles.
i. 2025: No change. Never purchased.
Ordinance No. 2026-16
Exhibit "A"
185
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
e. SABRE SPIDM Projectile (Yellow/Black) [Auth 2500,
O/H 0]. Manufacturer Description: I.D. marking powder
projectile. Cost $335 per 500 projectiles.
i. 2025: No change. Never purchased.
2. P
urpose
a. “Pepper ball” launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s).
Officers can also choose to deploy a mixture of chemical agent rounds and marking rounds. Marking rounds help identify suspect(s) who may have eluded capture during the initial use of force. Due to its design, “pepper balls” can be delivered from a larger standoff distance allowing for an added degree of officer safety. Its high round capability and accuracy allow for its use in a wide variety of operational environments.
3. A
uthorized Use
a. The use of “pepper ball” munitions during patrol and other tactical scenarios is subject to compliance with Department Instructions and applicable case law.
b. The use of “pepper ball” munitions for crowd control purposes is only authorized under certain circumstances and is contingent on the approval of a MFF supervisor or on scene incident commander absent exigent circumstances.
4. E
xpected Life Span
a. Launchers – No manufacturer life span indicated by either manufacturer.
b. Munitions – Approximately three (3) year shelf life indicated by both manufacturers.
5. F
iscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $2,000
6. T raining
a. PepperBall™ and SABRE Launchers are used by officers and supervisors who have received instruction from a POST certified Chemical Agents and/or Less Than Lethal Instructor.
PepperBall™ and SABRE instructors also attend a factory certified Instructor course.
Ordinance No. 2026-16
Exhibit "A"
186
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
b. Qualified officers and supervisors train annually with the “Pepper ball” launcher system(s).
7. L egal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and
1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.
The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-an d-
procedure-documents.aspx
XIII. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
A. LRAD: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
1. D
escription, quantity, capabilities, and purchase cost
a. GENASYS LRAD 100X. [Auth. 2 – O/H 1] Manufacturer
description: “Self- contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD 100X ensures voice messages are clearly heard and understood. LRAD’s optimized driver, waveguide, and power efficiency technologies enable the LRAD 100X to provide several hours of clear, continuous communication from a single battery charge.” Cost $15,410.
a. 2025: No change.
2. P
urpose
a. To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.).
The LRAD may also be used to issue a warning tone.
3. A
uthorized Use
a. The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.
4. E
xpected Life Span
Ordinance No. 2026-16
Exhibit "A"
187
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
a. 25 years.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget b. Annual consumable replacement costs: approximately $100.
6. T raining
a. All operators receive training prior to operating any of the LRAD’s in the field.
7. L egal and Procedural Rules
a. Department Instruction 1.30 Long Range Acoustical Device (LRAD) provides detailed rules addressing the use of force and the employment of this category of equipment. The Department makes policy and procedure documents available to the public at:
https://police.escondido.org/view-policy-an
d-procedure-
documents.aspx
XIV. 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
A. 40mm Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds or chemical agents.
1. D
escription, quantity, capabilities, and purchase cost
a. DEFENSE TECHNOLOGY, 40MM SINGLE SHOT LMT
LAUNCHER, #1425. [Auth. 170 – O/H 140] Manufacturer
description: “The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet.” Cost $1279.19 each ( up from $1066 each last fiscal year)
a. 2025
i. Expenditures: $0
ii. Acquisitions: $19,187.85
b. PENN ARMS, 40MM TACTICAL 6-SHOT LAUNCHER. [Auth.
4 – O/H 2] Manufacturer description: “A 40mm pump-action advance magazine drum launcher. It has a six-shot capacity and rifled barrel.” Cost $3,275 each.
a. 2025: No change.
Ordinance No. 2026-16
Exhibit "A"
188
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
c. DEFENSE TECHNOLOGY, 40MM 4-SHOT LAUNCHER,
#1440 [Auth 4- O/H 2] Manufacturer Description: “The Defense Technology® #1440 is a Tactical 40mm 4-Shot Launcher that features an expandable ROGERS Super Stoc™ and an adjustable Picatinny mounted front grip. The Tactical 4-Shot will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length. Lightweight and tactical, this weapon is NOT designed to fire 40mm High Velocity HE munitions. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.” Cost $1975
a. 2025: No change.
d. DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE,
#6325. [Auth. 2,500 – O/H 847] Manufacturer description: “A less lethal 40mm lightweight plastic and foam projectile fired from a single or multi-round purpose built 40mm grenade launcher with a rifled barrel at 325 FPS. The 30-gram foam projectile delivers 120 ft./lbs. of energy on impact. The 40mm Exact Impact Sponge Round provides accurate 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.” Cost $25.65 each.
a. 2025:
i. Expenditures $6732.80
ii. Acquisitions $7,695
e. DEFENSE TECHNOLOGY, EXACT IMPACT™ LE 40 MM
EXTENDED RANGE SPONGE ROUND, #6325LE. [Auth. 50 –
O/H 0] Manufacturer description: “The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct- fire round.
This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications.” Cost $18 each.
a. 2025:
i. Expenditures: $108
ii. Acquisitions: $0
b.
f. COMBINED TACTICAL SYSTEMS (CTS), 40MM SPONGE-
SMOKELESS, HIGH VELOCITY, #4557HV [Auth. 50 – O/H
46]. Manufacturer Description: The Model 4557HV Sponge Baton Ordinance No. 2026-16
Exhibit "A"
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Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
is a spin-stabilized projectile for extended range engagements. The minimum standoff distance for an engagement is 20 feet (6 meters). Although it is extremely accurate and consistent, accuracy 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.
Replacement for item above (6325LE). Cost $24.47 each.
a. 2025:
i. Expenditures: $24.47
ii. Acquisitions: $1223.50
g. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40 MM OC
CRUSHABLE FOAM ROUND, #6320. [Auth. 25 – O/H 0]
Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.” Cost $21 each.
a. 2025:
i. Expenditures: $126
ii. Acquisitions: $0
h. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40MM CS
CRUSHABLE FOAM ROUND, #6322. [Auth. 50 – O/H 0]
Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with CS powder, the Direct Impact combines blunt trauma with the effects of an irritant powder, maximizing the potential for incapacitation.” Cost $21 each.
a.
2025:
i. Expenditures: $168
ii. Acquisitions: $0
b.
i. DEFENSE TECHNOLOGY, DIRECT IMPACT® 40MM
MARKING CRUSHABLE FOAM ROUND, #6326. [Auth. 50 –
O/H 0] Manufacturer description: “The 40mm Direct Impact® munition is a point-of-aim, point-of-impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. When loaded with a green marking agent, the Ordinance No. 2026-16
Exhibit "A"
190
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
Direct Impact can be used to indicate the aggressor in a crowd or riot situation to the team on the ground.” Cost $18 each.
a. 2025:
i. Expenditures: $216
ii. Acquisitions: $0
j. COMBINED TACTICAL SYSTEMS (CTS), 40MM
FRANGIBLE IMPACT-ORANGE MARKING ROUND, #4550.
[Auth. 100 – O/H 99]. Manufacturer Description:
The Model 4550
frangible Impact+ munitions are spin-stabilized projectile and deliver multi-effects of blunt trauma and dispersal of marking powder on and around target. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variable, such as distance, clothing, stature, and the point where the projectile impacts. Cost $30.36 each.
a. 2025:
i. Expenditures: $30.36
ii. Acquisitions: $3036.00
k. DEFENSE TECHNOLOGY, FERRET 40MM LIQUID
BARRICADE PENETRATOR ROUND, #2262. [Auth. 100 – O/H
0] Manufacturer description: “A less 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 40mm Ferret 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.” Cost $23 each.
a. 2025:
i. Expenditures $437
ii. Acquisitions $0
l. DEFENSE TECHNOLOGY, MUZZLE BLAST 40MM ROUND,
OC, 6040. [Auth. 25 – O/H 0] Manufacturer description: “The 40 mm Muzzle Blast OC Round is widely used as a crowd
management tool for the immediate and close deployment of chemical agent. It can also be employed in tactical operations such Ordinance No. 2026-16
Exhibit "A"
191
Item10.
1.55 ADMINISTRATION
Revised 04-25 (EW #369)
as barricaded subjects for area denial, area contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round it is an excellent device for deploying chemical- laden OC powder at close ranges for indoor or outdoor operations.
It has a maximum effective range of 30 feet /9.1 meters.” Cost $20 each.
a.
2025: No acquisitions. Munitions expired.
m. DEFENSE TECHNOLOGY, MUZZLE BLAST 40MM ROUND,
CS, 6042. [Auth. 50 -O/H 0] Manufacturer description: “The 40 mm Muzzle Blast CS Round is widely used as a crowd
management tool for the immediate and close deployment. It can also be employed in tactical operations such as barricaded subjects, room clearing, area denial, and for small space contamination, and a means of contaminating crawl spaces and attics. As a pain compliance round it is an excellent device for deploying chemical- laden CS powder at close ranges for indoor or outdoor operations.
The cloud of agent is very effective in filling holes in dispersals lines or engaging crowds at close distances.” Cost $20 each.
a.
2025: No acquisitions. Munitions expired.
n. COMBINED TACTICAL SYSTEMS, 40MM CS MUZZLE
BLAST, #4630. [Auth. 25 – O/H 0] Manufacturer description: “A 40MM aluminum cartridge that launches a single projectile round emitting smoke or irritant agents via rapid burning. Used effectively during riots at safe stand-off distances to disperse groups or deny areas.” Cost $28 each.
a. 2025:
i. Expenditures: $140
ii. Acquisitions: $0
b.
o. COMBINED TACTICAL SYSTEMS, 40MM CS SMOKE,
PYRO, 4.8″ LONG, #4230. [Auth. 25 – O/H 10] Manufacturer description: “A 40MM aluminum cartridge that launches a single projectile round emitting smoke or irritant agents via rapid burning. Used effectively during riots at safe stand-off distances to disperse groups or deny areas.” Cost $28 each.
a. 2025:
i. Expenditures: $0
ii. Acquisitions: $280
Ordinance No. 2026-16
Exhibit "A"
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p. COMBINED TACTICAL SYSTEMS, 40MM CS MULTI 3
SMOKE, 4.8″ LONG, #4233. [Auth. 25 – O/H 0] Manufacturer description: “This 40MM aluminum cartridge launches 3 sub- munitions that emit CS via rapid burning. The munition is used from a stand-off distance and it is effective to disperse unruly crowds or deny areas during riots and civil disorder.” Cost $28 each.
a. 2025:
i. Expenditures: $476
ii. Acquisitions: $0
q. DEFENSE TECHNOLOGY, 40MM WARNING/SIGNALING
MUNITION, 100 METER, #6029WS. [Auth. 25 – O/H 0]
Manufacturer description: “The 40mm Aerial Warning/Signaling Munition, 100 meters, is intended for use in situations where stand- off distance is desired, giving the operator the ability to engage crowds, vehicles, or vessels. Launched from a 40mm platform, the munitions deflagrate at a set distance of 100 meters to deliver 170 dB of sound and 5 million candelas of light, noticeable in day or night conditions. A tactile feature on the nose of the cone indicates the designated distance.” Cost $25 each.
a. 2025:
i. Expenditures: $100
ii. Acquisitions: $0
r. DEFENSE TECHNOLOGY, 40MM WARNING/SIGNALING
MUNITION WITH CS, 100 METERS WITH PAYLOAD,
#6029CS. [Auth. 25 – O/H 0] Manufacturer description: “The 40 mm Warning/Signaling Munition will produce 170 dB of sound and 5 million candelas of light. This munition has an operational range of 100 meters. Launched from a 40 mm platform, this munition gives the operator the ability to engage people, vehicles or vessels from a safe stand-off position.” Cost $28 each.
a. 2025:
i. Expenditures: $28
ii. Acquisitions: $0
s. C
OMBINED TACTICAL SYSTEMS, 40MM AERIAL FLASH
BANG, 50 METERS, #4090-50. [Auth. 150- O/H 100]
Manufacturer description: “50-meter 40MM aerial flash-bang producing an intense bright light and sound reports. (6+ million candela; 165-175 dB average). Must be fired significantly above a Ordinance No. 2026-16
Exhibit "A"
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crowd during a riot. Used to determine intent or used to hail or warn approaching individuals, vehicles, or marine vessels. Must not be fired directly at a crowd or individual person.” Cost $ each.
a. 2025:
i. Expenditures: $0
ii. Acquisitions: $4893.00
t. DE
FENSE TECHNOLOGY, SKAT SHELL SAF-SMOKE,
#6173. [Auth. 25 – O/H 0] Manufacturer description: “The Skat Shell® 40 mm Saf-Smoke™ multiple chemical projectile round with four separate sub-munitions is designed to deliver multiple Saf- Smoke canisters from a 40 mm launcher. It is widely used as a crowd management tool for the rapid and broad deployment of a chemical agent by a single grenadier. The Skat Shell contains four separate sub-munitions that function individually. The small scattering effect and the rapid burning of the sub-munitions provide a wide area of coverage and has a maximum effective range of 80-100 yards.” Cost $20 each.
a.
2025: No acquisitions. Munitions expired.
u. DEFENSE TECHNOLOGY, STINGER 32-CALIBER RUBBER
BALLS ROUND, #6096. [Auth. 25 – O/H 0] Manufacturer
description: “The Stinger® 40 mm 32-Caliber Round is most widely used as a crowd management tool by Law Enforcement and Corrections. The round contains approximately 130 32-Caliber rubber balls. It utilizes smokeless powder as the propellant and has more consistent velocities and tighter patterns compared to its 37mm counterpart. It is suitable for administering a means of pain compliance over close to medium ranges of fire and for routing crowds or groups that are mildly resistive.” Cost $30 each.
a.
2025: No acquisitions. Munitions expired.
v. COMBINED TACTICAL SYSTEMS, 40MM CS LIQUID
BARRICADE, SPIN STABILIZED, 4.1″ LONG, #4330. [Auth.
150 – O/H 81] Manufacturer description: “Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.” Cost $28 each.
a. 2025:
i. Expenditures: $392
ii. Acquisitions: $378.30
Ordinance No. 2026-16
Exhibit "A"
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w. COMBINED TACTICAL SYSTEMS, 40MM MULTI 3 FOAM
BATON, SMOKELESS, 4.8″ LONG, #4551. [Auth. 25 – O/H 0]
Manufacturer description: “The Model 4551 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy 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. CAUTION: Shots to the head, neck, thorax, heart, or spine can result in fatal or serious injury.” Cost $28 each.
a. 2025:
i. Expenditures: $252
ii. Acquisitions: $0
x. COMBINED TACTICAL SYSTEMS, 40MM .31 CAL STING-
BALLS, SMOKELESS, 4.8″ LONG, #4553. [Auth. 25 – O/H 10] Manufacturer description: “The Model 4553 .31 Cal Sting-balls projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy 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.” Cost $28 each.
a. 2025:
i. Expenditures: $28
Acquisitions: $0
y. COMBINED TACTICAL SYSTEMS, 40MM .60 CAL STING-
BALLS, SMOKELESS, 4.8″ LONG., #4558 [Auth. 25 – O/H 0]
Manufacturer description: “40MM crowd dispersal cartridge containing a payload of .60 caliber stinging pellets. To be fired below the belt-line at an approaching non-compliant individual or crowd.” Cost $28 each.
a. 2025:
i.
Expenditures: $252
ii. Acquisitions: $0
2. P urpose
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Ordinance No. 2026-16
Exhibit "A"
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3. A uthorized Use
a. Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. May only be used in riot/crowd control and civil unrest incidents in accordance with all applicable laws.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.
4. E
xpected Life Span
a. Defense Technology #1425 - 25 years.
b. Penn Arms Multi-Launcher – 25 years.
c. All munitions – 5 years.
5. F iscal Impact
a. Funding source: Escondido Police Department Operating Budget. b. Annual consumable replacement costs: approximately $50,000.
6. T raining
a. Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors.
7. L
egal and Procedural Rules
a. Department Instruction 1.6 Use of Tear Agents and Equipment and
1.46 Use of Specialty Munitions provide detailed rules addressing the use of force and the employment of this category of equipment.
The Department makes policy and procedure documents available to the public at: https://police.escondido.org/view-policy-an d-
procedure-documents.aspx
XV. Any other equipment as determined by a City Council or a state agency to require additional oversight.
A. The Department does not use any equipment in this category.
Ordinance No. 2026-16
Exhibit "A"
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STAFF REPORT
August 26, 2026
File Number 0680-10
SUBJECT
ORDINANCE NO. 2026-07 – BICYCLES, NONMOTORIZED VEHICLES, AND MOBILITY DEVICES
DEPARTMENT
Escondido Police Department
RECOMMENDATION
Request that City Council adopt Ordinance No. 2026 -07, amending Chapters 5, 10, 18, and 28 of the Escondido Municipal Code to regulate Bicycles, Nonmotorized Vehicles, and Mobility Devices, and related enforcement activities.
Staff Recommendation: Approval (Police Department: Ken Plunkett, Chief of Police) Presenter: Craig Miller, Lieutenant, Traffic Division
ESSENTIAL SERVICE – Yes, Police Services
COUNCIL PRIORITY – Build Trust and Accountability; Prioritize Public Safety
FISCAL ANALYSIS
The training of traffic enforcement officers and other police personnel will come with an administrative cost. Additionally, officers may begin to impound bicycles, which may require additional protocols and storage space. Finally, minors under the age of 12 will be prohibited from riding on e-bicycles, which will require the implementation of a warning program for the first 60 days.
These costs may be offset by the fees recovered from impounding and storing bicycles, nonmotorized vehicles, and mobility devices. Officers may also issue administrative citations for operating recklessly or without due regard.
PREVIOUS ACTION
Ordinance No. 2009-10 was adopted April 1, 2009, amending Chapter 5 in its entirety. Prior amendments were made in 1957, 1973, 1975, and 1988.
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BACKGROUND
Currently, Chapter 5 of the Escondido Municipal Code provides out-of-date definitions of bicycles and nonmotorized vehicles. It also fails to prohibit all the necessary areas where mobility devices should not be operated. Further, the rules of operation are vague and do not provide guidance to the public on how to safely operate a mobility device. Finally, and mo st importantly, the current version does not provide any regulations for the new and developing technology of electric mobility devices.
RECOMMENDED CHANGES
The rapid advancement of electric bicycles and other motorized mobility devices requires updated definitions of those devices, areas where they are forbidden to operate, and the safe manner in which they must be operated. Additionally, this ordinance establishes penalties for administrative citations for both operators and the parents of minor operators. It also offers an educational alternative to fines; a process for seizure and storage of bicycles, mobility devices, and nonmotorized vehicles when operate d without due regard or recklessly; and prohibits persons under 12 years of age from operating Class 1 and Class 2 e-bikes, pursuant to California Vehicle Code Section 21214.7.
ORDINANCES
a. Ordinance No. 2026-07
b. Ordinance No. 2026-07—Exhibit “A”—E-Bike Ordinance EMC Chapter 5
ATTACHMENTS
a. Attachment “1”— E-Bike Ordinance EMC Chapter 5 with Strikethrough b. Attachment “2”—Relevant State Law Provisions
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Chapter 5
BICYCLES, AND NONMOTORIZED VEHICLES, AND MOBILITY DEVICES
Article 1. GENERAL
§ 5-1 Purpose.
§ 5-2 Scope.
§ 5-31 Definitions.
§ 5-4 Bicycle prohibitions.Operation of Bicycles, Nonmotorized Vehicles, and Mobility Devices.
§ 5-5 Nonmotorized vehicle prohibitions.
§ 5-5 Areas of Operation.
§ 5-6 Pedestrian and traffic interference prohibited.
§ 5-6 Minimum age to operate mobility devices.
§ 5-7 Enforcement and Education Program.
§ 5-8 Violations.
§ 5-9 Seizure of Electric Bicycles.
§ 5-102 Penalty
§ 5-11 3 Law enforcement exception.Exceptions.
§ 5-12 Severability.
Cross references — retention, disposition of lost and unclaimed bicycles, nonmotorized vehicles, and mobility devices in recreational areas, § 10-158 et seq.; where bicycles can be located and parked bicycles, nonmotorized vehicles, and mobility devices in recreational areas; § 18-71, Authority to seize property; § 18-92; traffic, Ch. 28, Operating vehicles on private or public property.
Editor’s note — Ord. No. 2009-10, adopted April 1, 2009, amended Ch. 5 in its entirety.
Former Ch. 5, Bicycles, was derived from Ords. 88-33, 88-17, 75-36, 73-34 and Code 1957 §§ 6711—6714, 6724—6728, 6742, 6743 and 6751—6754.
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ARTICLE I
GENERAL
§ 5-1 Purpose.
The purpose of this Chapter is to implement regulations, pursuant to the City’s police power, on the operation and use of bicycles, nonmotorized vehicles, and mobility devices; to promote the public health, safety, and welfare of riders, pedestrians, and motorists; and to prevent damage to public infrastructure.
§ 5-2 Scope.
The provisions of this Article will serve as the rules and regulations for the use of bicycles, nonmotorized vehicles, and mobility devices on any public roadway, street, highway, parkway, right-of-way, alley, or other public area within the City of Escondido. § 5-321 Definitions.
"Bicycle" means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears having either two or three wheels (one of which is at least 20 inches in diameter) or having a frame size of at least 14 inches, or having four or more wheels.
"Nonmotorized vehicle" means any wheeled device upon which a person may ride and be propelled by human power. The definition includes skateboards, roller skates, roller blades, coasters, scooters and other wheeled devices. Shoes containing wheels, wheelchairs, and bicycles, unless specifically addressed, are exempt from the non-motorized vehicle provisions of this chapter. (a) The following definitions apply to this Article. Words and phrases whenever used in this Article must be construed as defined in this section, unless from the context a different meaning is intended, a different meaning is specifically defined, or more particularly directed to the use of such words or phrases:
(a) “Bicycle” has the same meaning as in California Vehicle Code section 231, as it may be amended from time to time.
(b) “Due regard” means the level of care that a reasonably prudent and competent person engaged in the same line of activity would exercise under similar circumstances. (c) “Mobility device” means electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, motor vehicles, shared mobility devices, or other similar vehicles. These devices can be defined as:
(1) “Class 1 electric bicycle” means the same as in California Vehicle Code section 312.5(a), as it may be amended from time to time.
(2) “Electric bicycle” has the same meaning as in California Vehicle Code section 312.5, as it may be amended from time to time.
(3) “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code section 313, as it may be amended from time to time. (4) “Electrically motorized boards” has the same meaning as in California Vehicle 200
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Code section 313.5, as it may be amended from time to time. (5) “Low speed vehicle” has the same meaning as in California Vehicle Code section 385.5, as it may be amended from time to time.
(6) “Motor vehicle” has the same meaning as in California Vehicle Code section 415, as it may be amended from time to time.
(7) “Motorized scooter” has the same meaning as in California Vehicle Code section 407.5, as it may be amended from time to time.
(8) “Shared mobility device” has the same meaning as in California Civil Code section 2505, as it may be amended from time to time.
(9) “Vehicle” has the same meaning as in California Vehicle Code section 670, as it may be amended from time to time.
(d) “Nonmotorized vehicle” means any wheeled device upon which a person may ride and be propelled by human power. The definition includes skateboards, roller skates, roller blades, coasters, scooters, and other wheeled devices. This definition does not include wheelchairs or bicycles.
(e) “Operator” means a person who owns, operates, and/or controls a bicycle, mobility device, or nonmotorized vehicle.
(f) “Open space” means any undeveloped public property either that possesses one or more of the following traits:
(1) primarily in its natural state, including canyons and unimproved waterways; or (2) that is held out by the City; or City;
(3) used by the public for passive recreational purposes, conservation, or habitat preservation; or
(4) that maintains or enhances the conservation of natural or scenic resources. (g) “Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas, and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space.
(h) “Passenger” means a traveler riding in or on a mobility device who is not operating it.
The definition of passenger is synonymous with the term “rider.” (i) “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the City or a private party. (j) “Recreational area” means a park, playground, recreation center, public school athletic field, or any other area in the City owned or used by the City which is devoted to active or passive recreation. It shall include all adjacent facilities used in conjunction with the park, such as restrooms and locker rooms.
(k) “Reckless operation” means operating in a willful or wanton disregard for the safety of persons or property, including but not limited to:
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(1) excessive speed under the circumstances;
(2) weaving through traffic in a manner that endangers others; (3) riding on sidewalks in violation of posted prohibitions while endangering pedestrians;
(4) running stop signs or traffic signals in a manner that creates a hazard; or (5) other conduct that violates California Vehicle Code section 23103 (reckless driving) as applied to bicycles under section 21200. This definition is consistent with the standard applied to motor vehicles and provides fair notice of prohibited conduct.
§ 5-4 Bicycle prohibitions. Operation of Bicycles, Nonmotorized Vehicles, and Mobility Devices.
No person shall operate a bicycle upon any sidewalk in the city.
No person shall ride a bicycle on public or private property where signs prohibiting such activity are posted.
(a) Any person operating or riding on a bicycle, mobility device, or nonmotorized vehicle upon a roadway will be granted those rights and subject to those duties established by the laws of the State of California and by this Code, which apply to persons operating or riding in a vehicle, except for those provisions that, by their nature, can have no application.
(b) Any person operating or riding on a bicycle, mobility device, or nonmotorized vehicle must exercise due regard and observe all applicable laws. Operating a bicycle, mobility device, or nonmotorized vehicle without due regard includes, but is not limited to, any one or more of the following:
(1) Violating any provision of this Chapter, California Vehicle Code, or other related traffic law.
(2) Intentionally swerving or riding around stopped or slowed traffic. (3) Operating a bicycle, mobility device, or nonmotorized vehicle in a manner it was not designed for, including carrying passengers when not intended for carrying passengers.
(4) Not obeying posted signs or traffic control signals. (5) Operating a bicycle, mobility device, or nonmotorized vehicle in any manner that endangers the operator, passengers, other motorists, other riders, or pedestrians in the area.
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(6) Operating on any street, road, highway, or bicycle lane against the direction of traffic.
(7) Operating at any speed greater than is reasonable or prudent under the conditions existing at the time.
(8) Failing to yield to pedestrians.
(9) Operating while hitched to or physically attached to any moving vehicle or motorized device.
(10) Operating while failing to yield the right-of-way to pedestrians (11) Failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk.
(c) No person operating or riding a bicycle or electric bicycle will carry another person unless the bicycle or electric bicycle is designed and equipped for passengers, including a separate seat securely attached to the bicycle or electric bicycle, as required by California Vehicle Code section 21204.
(d) Helmets. Any person under the age of 18 operating or riding a bicycle, mobility device, or nonmotorized vehicle must wear a properly fitted and fastened helmet, pursuant to the guidelines in the California Vehicle Code. It is unlawful for any person to wear a helmet in any manner other than the fashion for which the helmet is designed to be worn, including, but not limited to, the use of straps and strap closure mechanisms. (a) § 5-5 Nonmotorized vehicle prohibitions. Areas of Operation. (a) Bicycles, mobility devices, and nonmotorized vehicles are prohibited where posted. It is prohibited to operate or ride on a bicycle, mobility device, or nonmotorized vehicle in public areas where signs prohibiting such activity are posted or as otherwise outlined in this ordinance.
(b) Sidewalks.
(1) Mobility devices are prohibited on sidewalks. Mobility devices, such as electric bicycles and motor vehicles, are prohibited from operating on any sidewalk in the City.
(2) Bicycles operated by minors aged 12 or under may be ridden on public sidewalks provided they are operated with due regard. Bicycles operated by persons over the age of 12 are prohibited from being operated on sidewalks. (3) Nonmotorized vehicles may be operated on sidewalks except where signs prohibiting such activity are posted or as otherwise outlined in this ordinance. (c) No operating or riding on public facilities. No person shall operate or ride a bicycle, mobility device, or nonmotorized vehicle in any public drainage facility, culvert, ditch, or channel in the City.
(d) Nonmotorized vehicles are prohibited in certain areas. (1) No person shall ride a nonmotorized vehicle on any sidewalk, public roadway or municipal parking lot within the central traffic district as defined in Escondido Municipal Code section 28-1, unless specifically authorized in subsection (b). 203
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(2) A person may ride a nonmotorized vehicle on Hickory Street and Valley Boulevard, located on the east side of the central traffic district as defined in Escondido Municipal Code section 28-1.
§ 5-6 Minimum age to operate mobility devices.
(a) Purpose. California Vehicle Code section 21214.7 authorizes local governments in San Diego County to adopt ordinances prohibiting persons under 12 years of age from operating Class 1 or Class 2 electric bicycles. The City wishes to enact an ordinance in order to promote the safe and efficient use of sidewalks, bicycle paths, pathways, trails, bicycle lanes, and other pedestrian and bicycle facilities in the City. (b) Enactment. As required by state law, a public information campaign regarding the ordinance will be administered for at least 30 days prior to the date of this Ordinance. (c) Prohibition on Operation of Class 1 and Class 2 Electric Bicycles. No person under the age of 12 years old may operate or ride within the City a Class 1 or Class 2 electric bicycle, as defined in California Vehicle Code section 312.5.
(d) Enforcement. A person convicted of an infraction for a violation of this section shall be punished as follows:
(1) For the first 60 days after adoption of this section, a warning notice. (2) After the first 60 days following adoption of this section, a fine not exceeding $25.00.
Expiration. This section will remain in effect until January 1, 2029, or until California Vehicle Code section 21214.7 expires, whichever occurs later. This section will have no force or effect upon expiration.
§ 5-6. Pedestrian and traffic interference prohibited.
Any person upon a bicycle, skateboard, roller skates, roller blades, coaster, scooter or other nonmotorized vehicle shall exercise due caution, shall yield the right-of-way, and shall not interfere with pedestrians on any sidewalk, public right-of-way, or pathway not open to vehicle traffic.
(Ord. No. 2009-10, § 1, 4-1-09)
§ 5-7 Enforcement and Education Program.
(a) Authorization to enforce. A peace officer or any City employee tasked with enforcing traffic laws and regulations is authorized to enforce this Chapter. The City Manager may designate others to enforce this chapter. Such persons will be considered “Enforcement Officers” within the meaning of Chapter 1A of this Code. (b) Education Program. In lieu of a fine or administrative penalty, as authorized by this Code, and in lieu of filing charges in any court having jurisdiction over a violation, the 204
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police chief—or his or her designee—may allow a violator of this Chapter to complete a police department-approved safety course for bicycles, nonmotorized vehicles, and/or mobility devices.
§ 5-8 Violations.
(a) Pursuant to Government Code section 53069.4, an Enforcement Officer may issue an administrative citation for any violation of this Chapter. Prior notice of violation is not a prerequisite to the issuance of an administrative citation under this Chapter. (b) A person is guilty of a separate offense for each and every violation of this Chapter that person commits, causes, permits, or allows to occur, exist, or continue. (c) Any person, irrespective of age, found in violation of any provision of this Chapter may be issued an administrative citation in accordance with the provisions of this Chapter. (d) Every parent, guardian, or other person who has the legal care, custody, or control of any person under the age of 18 years, and who knows, or reasonably should know, that a minor is in violation of this Chapter, is subject to the issuance of an administrative citation.
(e) Every parent, guardian, or other person will be held jointly and severally liable for all fines, fees, penalties, and storage costs, as described in section 5-9. (a)(f) Nothing in this Chapter is intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code. § 5-9 Seizure of Bicycles, Mobility Devices, and Nonmotorized Vehicles. (a) Purpose. The purpose of the seizure and impound of bicycles, mobility devices, and nonmotorized vehicles, when operated without due regard or recklessly, is to remove property that jeopardizes public safety and convenience and prevent the impediment of traffic.
(b) The Chief of Police or designee may seize any bicycle, mobility device (including Class 1, 2, or 3 electric bicycles), or nonmotorized vehicle when the operator has been cited for:
(1) reckless operation in violation of this Chapter or the California Vehicle Code; or (2) failure to exercise due regard for the safety of persons or property. (c) Procedure. Pursuant to authority granted by state law, recklessly operating or failing to exercise due regard, in violation of this Code, is a public nuisance and may be abated by the City. The seizing officer must provide written notice to the operator or owner at the time of seizure, identifying the reason for seizure, the location where the bicycle, mobility device, or nonmotorized vehicle is stored, and procedures for retrieval. The bicycle, mobility device, or nonmotorized vehicle will be stored in the time and manner prescribed by state law.
(d) This section should not be construed to conflict with state law or to authorize impoundment in circumstances preempted by the California Vehicle Code. (a) A storage fee will accompany the seizure of a bicycle, mobility device, or nonmotorized 205
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vehicle. The fee will be established by resolution of the City Council. Storage fees may accrue daily until retrieval.
§ 5-102 Penalty.
(a) Any violation of this chapter is an infraction. AAny person violating any of the provisions of this Chapter is guilty of an infraction and, upon conviction, will be punished by a fine. Any violation may also be subject to civil penalties and any other legal remedy provided in this Code or state law. Each violation described in this Chapter may be charged as a separate count for each occurrence. Fines may increase for repeat violations within a 12 month period. (1) A fine shall not exceed $50 for a first violation.
(2) A fine shall not exceed $100 for a second violation. (3) A fine shall not exceed $200 for each additional violation. (b) Enforcement for minors under the age of 12. Pursuant to section 5-6, a minor convicted of an infraction for a violation of this section shall be punished as follows:
(1) For the first 60 days after adoption of this section, a warning notice. (2) After the first 60 days following adoption of this section, a fine not exceeding $25.00.
(a)
§ 5-113 Law enforcement exemption. Exceptions.
Law enforcement officers, while performing their duties, are exempt from the provisions of this chapter.
(a) Public agency personnel. Notwithstanding any other provision of this Chapter, or any other section of this Code, City and public agency personnel may operate mobility devices or other vehicles at any place in the City in the performance of their official duties.
(a)(b) Persons with Disabilities. Nothing in this Chapter will apply to or restrict the lawful use of wheelchairs or other assistive mobility devices by persons with disabilities, as protected under the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), the Rehabilitation Act (29 U.S.C. §794), or California Civil Code section 54 et seq. § 5-12 Appeals.
A citation or impound fee issued for failure to comply with the provisions of this section may be appealed pursuant to procedures established in Chapter 1A of this Code. § 5-13 Severability.
If any portion of this Chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, or due to the expiration of authority by state law, the decision will not affect the validity of the remaining 206
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portions of this Chapter or the application of the Chapter to persons or circumstances not similarly situated.
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Defi
nitions
California Vehicle Code section 312.5
California Vehicle Code section 313
California Vehicle Code section 313.5
California Vehicle Code section 385.5
California Vehicle Code section 415
California Vehicle Code section 407.5
California Civil Code section 2505
California Vehicle Code section 670
California Vehicle Code section 23103
California Vehicle Code section 21200
Opera
tion of Bicycles, Nonmotorized Vehicles, and Mobility Devices California Vehicle Code section 21204
Minim
um age to operate mobility devices.
California Vehicle Code section 21214.7
Viola
tions.
Government Code section 53069.4
Attachment "2"
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DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 231.
VEHICLE CODE - VEH
A bicycle is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.
(Amended by Stats. 2021, Ch. 311, Sec. 1. (SB 814) Effective January 1, 2022.)
VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 312.5. (a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. (4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type. (d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. (2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts.
(3) A vehicle that is modified to have its operable pedals removed. (Amended by Stats. 2024, Ch. 791, Sec. 2. (SB 1271) Effective January 1, 2025.) 313.5.
VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) An “electrically motorized board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. (Added by Stats. 2015, Ch. 777, Sec. 1. (AB 604) Effective January 1, 2016. 313.
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) The term “electric personal assistive mobility device” or “EPAMD” means a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.
(Amended by Stats. 2007, Ch. 106, Sec. 1. Effective January 1, 2008.) Attachment "2"
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VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 385.5. (a) A “low-speed vehicle” is a motor vehicle that meets all of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface. (3) Has a gross vehicle weight rating of less than 3,000 pounds. (b) (1) For the purposes of this section, a “low-speed vehicle” is not a golf cart, except when operated pursuant to Section 21115 or 21115.1. (2) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.”
VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 415. (a) A “motor vehicle” is a vehicle that is self-propelled. (b) “Motor vehicle” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. (c) For purposes of Chapter 6 (commencing with Section 3000) of Division 2, “motor vehicle” includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. (Amended by Stats. 2004, Ch. 404, Sec. 1. Effective January 1, 2005.)
VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) 407.5. (a) A “motorized scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter.
Attachment "2"
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670.
VEHICLE CODE - VEH
DIVISION 1. WORDS AND PHRASES DEFINED [100 - 681] ( Division 1 enacted by Stats. 1959, Ch. 3. ) A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Amended by Stats. 1975, Ch. 987.)
2505.
CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) TITLE 10.1. Shared Mobility Devices [2505 - 2506] ( Title 10.1 added by Stats. 2020, Ch. 91, Sec. 1. ) (a) For purposes of this title:
(1) “Assistive technology device” has the same meaning as in Section 7002 of Title 9 of the California Code of Regulations. (2) “Shared mobility device” means an electrically motorized board as defined in Section 313.5 of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle Code, electric bicycle as defined in Section 312.5 of the Vehicle Code, bicycle as defined in Section 231 of the Vehicle Code, or other similar personal transportation device, except as provided in subdivision (b) of Section 415 of the Vehicle Code, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. (3) “Shared mobility service provider” or “provider” means a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.
Attachment "2"
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DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 12. Public Offenses [23100 - 23249.50] ( Chapter 12 enacted by Stats. 1959, Ch. 3. ) 23103.
VEHICLE CODE - VEH
ARTICLE 1. Driving Offenses [23100 - 23135] ( Heading of Article 1 added by Stats. 1981, Ch. 940, Sec. 9. ) (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safet
y of persons or property is guilty of reckless driving. (c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail fo
r not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105. (Amended by Stats. 2010, Ch. 685, Sec. 2. (AB 2479) Effective January 1, 2011.)
VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21300] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ARTICLE 4. Operation of Bicycles [21200 - 21214.7] ( Article 4 added by Stats. 1963, Ch. 479. ) 21200. (a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.
(2) A person operating a bicycle on a Class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, has all the rights and is subject to all the provisions applicable to the driver of a vehicle pursuant to Section 20001, except those provisions which by their very nature can have no application.
(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:
(A) In response to an emergency call.
(B) While engaged in rescue operations.
(C) In the immediate pursuit of an actual or suspected violator of the law. (2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
(Amended by Stats. 2018, Ch. 139, Sec. 1. (AB 1755) Effective January 1, 2019.) Attachment "2"
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VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21300] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ARTICLE 4. Operation of Bicycles [21200 - 21214.7] ( Article 4 added by Stats. 1963, Ch. 479. ) 21204. (a) A person operating a bicycle upon a highway shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat. (b) An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle. (Amended by Stats. 2009, Ch. 594, Sec. 1. (SB 527) Effective January 1, 2010.) Operation of Bicycles, Nonmotorized Vehicles, and Mobility Devices Attachment "2"
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DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21300] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) 21214.7.
VEHICLE CODE - VEH
ARTICLE 4. Operation of Bicycles [21200 - 21214.7] ( Article 4 added by Stats. 1963, Ch. 479. ) (a) This section shall be known, and may be cited, as the San Diego Electric Bicycle Safety Pilot Program. (b) A local authority within the County of San Diego, or the County of San Diego in unincorporated areas, may, by ordinance or resolution, prohibit a person under 12 years of age from operating a class 1 or 2 electric bicycle. (c) (1) A violation of an ordinance or resolution adopted pursuant to this section shall be punishable as follows:
(A) For the first 60 days after the prohibition comes into effect, a warning notice. (B) After the first 60 days, a violation of the ordinance or resolution shall be an infraction punishable by a fine of twenty-five dollars ($25). (2) A record of the action shall not be transmitted to the court and a fee shall not be imposed upon a citation for this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training program pursuant to Section 894 of the Streets and Highways Code. (3) If an unemancipated minor violates an ordinance or resolution adopted pursuant to this section, a parent or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of a fine imposed pursuant to this subdivision. (d) (1) If an ordinance or resolution is adopted pursuant to this section, the county shall, by January 1, 2028, submit a report to the Legislature that includes all of the following:
(A) The total number of traffic stops initiated for a violation of the ordinance or resolution adopted pursuant to this section. (B) The results of those traffic stops, including whether a warning or citation was issued, property was seized, or an arrest was made. (C) The number of times a person was stopped for allegedly operating a class 1 or class 2 electric bicycle while under 12 years of age but was found to be over the age limit.
(D) If a warning or citation was issued, a description of the warning or the violation cited. (E) If an arrest or traffic stop was made, the offense cited by the officer for the arrest or traffic stop and the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics is solely based on the observation and perception of the peace officer who initiated the traffic stop. (F) The actions taken by a peace officer during a traffic stop, including, but not limited to, all of the following:
(i) Whether the peace officer asked for consent to search the person and, if so, whether consent was provided. (ii) Whether the peace officer searched the person or property and, if so, the basis for the search and the type of contraband or evidence discovered.
(iii) Whether the peace officer seized property and, if so, the type of property that was seized and the basis for seizing the property. (G) The number of times a person opted to complete, and did complete, the training course in lieu of paying the fine. (H) The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality in the six months prior to the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash. (I) The number of times that a person under 12 years of age was operating an electric bicycle and was involved in a crash that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality after the adoption of the ordinance or resolution, the cause of the crash, and the class of the electric bicycle that was being operated at the time of the crash. (2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (e) A local authority shall administer a public information campaign for at least 30 calendar days prior to the enactment of an ordinance or resolution adopted pursuant to this section, which shall include public announcements in major media outlets and press releases. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 185. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.) Minimum age to operate mobility devices.
Attachment "2"
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53069.4.
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 1. General [53000 - 53170] ( Chapter 1 added by Stats. 1949, Ch. 81. ) ARTICLE 4. Miscellaneous [53060 - 53087.9] ( Article 4 added by Stats. 1951, Ch. 522. ) (a) (1) The legislative body of a local agency, as the term “local agency” is defined in Section 54951, may by ordinance make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty. The local agency shall set forth by ordinance the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and subdivision (b) of Section 36900.
Violations.
Attachment "2"
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ORDINANCE NO. 2026-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, AMENDING CHAPTERS 5, 10,
18, and 28 OF THE ESCONDIDO MUNICIPAL CODE TO
REGULATE BICYCLES, NONMOTORIZED VEHICLES, AND
MOBILITY DEVICES
WHEREAS, the California State Legislature adopted Article 4 of Chapter 1 of Division 11 of the Vehicle Code, regulating the operation of bicycles; and
WHEREAS, the California Vehicle Code §§ 21206, et seq. provides that local agencies may regulate bicycles within their jurisdiction; and
WHEREAS, the City Council of the City of Escondido (City) enacted Chapter 5 of the City Municipal Code to regulate bicycles and non-motorized vehicles; and WHEREAS, the City Council last amended Chapter 5 in April of 2009; and
WHEREAS, since 2009, the use of mobility devices, such as e-bicycles, has increased in popularity, being used on sidewalks, streets, and trails within the City; and WHEREAS, the safe and efficient operation of bicycles, nonmotorized vehicles, and mobility devices within the City is of utmost importance to the City Council; and WHEREAS, the City Council desires to amend Chapter 5, 10, 18, and 28 of the City Municipal Code, regulating bicycles, nonmotorized vehicles, and mobility devices, including e -bicycles, and rel ated enforcement activities; and
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WHEREAS, further amendments and regulations are necessary to promote public health, safety, and welfare of riders, pedestrians, and motorists; to protect public infrastructure, and to ensure consistency with state law. This chapter is adopted pursuant to the City’s police powers.
WHEREAS, to ensure adequate time to implement bicycle and mobility device procedures, this Ordinance shall be effective sixty days after adoption; and WHEREAS, to ensure adequate time to educate operators of mobility devices, all penalties and fines for violations of the Bicycle and Mobility Device Ordinance shall be stayed for 60 days after adoption.
NOW, THEREFORE, the City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows:
SECTION 1. That the recitals set forth above are true and correct and are incorporated as though fully set forth herein.
SECTION 2: That proper notices of a public hearing have been given and public hearings held before the City Council on this issue.
SECTION 3. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation:
a. Written information;
b. Oral testimony from City staff, interested parties, and the public; and c. The City Council staff report, dated August 26 , 2026, which, along with its attachments, is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the public hearing. 217
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SECTION 4. Upon consideration of the submitted evidence, Escondido Municipal Code Chapter 5, Bicycles and Nonmotorized Vehicles, is hereby repealed and replaced as set forth in Exhibit “A” to this Ordinance and incorporated herein by reference as though fully set forth herein.
SECTION 5. Upon consideration of the submitted evidence, Escondido Municipal Code Section 10-158, Retention authorized; tagging required; disposition of bicycles, is hereby amended to read as follows:
§ 10-158 Retention authorized; tagging required; disposition of bicycles, nonmotorized vehicles, and mobility devices.
(a) All lost and unclaimed property, except for animals and perishable property, in the possession of the police department will be held by the department for a period of at least three months. Lost and unclaimed animals will be turned over to the Escondido Humane Society and handled in accordance with the terms of this Code. Lost and unclaimed perishable property need be held by the department only long enough to permit compliance with the notice and auction requirements of this article. (b) All lost and unclaimed property in the possession of the department will be tagged showing the date and circumstances of its acquisition by the department.
SECTION 6. Upon consideration of the submitted evidence, Escondido Municipal Code Section 18-71, Authority to seize property, is hereby amended to read as follows:
§ 18-71 Authority to seize property.
(a) The Community Services Director, the Public Works Director, and any park ranger or police officer have the authority to seize and confiscate any property, thing, or device— including those defined in Chapter 5 of this Code —found within a recreational area and which is used in violation of this Article or any other provision of this Code. The procedure for seizing a bicycle or mobility device must comply with the provisions outlined in Chapter 5 of this Code.
SECTION 7. Upon consideration of the submitted evidence, Escondido Municipal Code Section 18-92, Bicycles, is hereby amended to read as follows:
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§ 18-92 Bicycles, nonmotorized vehicles, and mobility devices in recreational areas. (a) No person may leave a bicycle, nonmotorized vehicle, or mobility device lying in any place or position where other persons may trip over or be injured by it. (b) Operations in Recreational Areas. A person operating or riding a bicycle, nonmotorized vehicle, or mobility device must do so with due regard, as required by Chapter 5 of this Code.
SECTION 8. Upon consideration of the submitted evidence, E scondido Municipal Code Section 28-122, Operating vehicles on private or public property, is hereby amended to read as follows:
§ 28-122 Operating vehicles on private or public property.
No person may operate or drive a mobility device—as defined in Chapter 5 of this Code— motor vehicle, motorcycle, mini-bike, trail bike, dune buggy, motor scooter, jeep or other form of motorized transportation upon the private property of another or upon any public property, which is not held open to the public for any vehicular use and which is not subject to the provisions of the Vehicle Code, without having, and upon request of a peace officer, displaying written permission from the owner of such property, or his agent, or the person in lawful possession of such prope rty; provided, however, the provisions of this section will not apply to emergency vehicles, governmental agencies or to other persons driving upon such property with the written consent of the owner or person in lawful possession of such property, or to the owner himself, his family, employees, agents or lessees.
SECTION 9. ENVIRONMENTAL REVIEW. The proposed amendments to Escondido Municipal Code Chapter 5, Bicycles, Nonmotorized Vehicles and Mobility Devices, are not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for the proposed amendments to result in a physical change in the environment, either directly or indirectly, or a reasonably foreseeable indirect physical change in the environment. In the event the proposed amendments are found to be a project within the meaning of Section 15378 of the CEQA Guidelines, the proposed amendments are exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
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SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional, for any reason, by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.
SECTION 11. With the exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 12. SAVINGS CLAUSE. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred, or any right established or accruing before the effective date of this ordinance, nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 13. That the City Clerk is hereby directed to certify to the passage of this ordinance and to cause the same or a summary to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 220
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Ordinance No. 2026-07
Exhibit “A”
Chapter 5
BICYCLES, NONMOTORIZED VEHICLES, AND MOBILITY DEVICES
Article 1. GENERAL
§ 5-1 Purpose.
§ 5-2 Scope.
§ 5-3 Definitions.
§ 5-4 Operation of Bicycles, Nonmotorized Vehicles, and Mobility Devices. § 5-5 Areas of Operation.
§ 5-6 Minimum age to operate mobility devices.
§ 5-7 Enforcement and Education Program.
§ 5-8 Violations.
§ 5-9 Seizure of Electric Bicycles.
§ 5-10 Penalty
§ 5-11 Exceptions.
§ 5-12 Severability.
Cross references — retention, disposition of lost and unclaimed bicycles, nonmotorized vehicles, and mobility devices in recreational areas, § 10-158 et seq.; bicycles, nonmotorized vehicles, and mobility devices in recreational areas; § 18-71, Authority to seize property; § 18-92; traffic, Ch. 28, Operating vehicles on private or public property.
Editor’s note — Ord. No. 2009-10, adopted April 1, 2009, amended Ch. 5 in its entirety.
Former Ch. 5, Bicycles, was derived from Ords. 88-33, 88-17, 75-36, 73-34 and Code 1957 §§ 6711—6714, 6724—6728, 6742, 6743 and 6751—6754.
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Ordinance No. 2026-07
Exhibit “A”
ARTICLE I
GENERAL
§ 5-1 Purpose.
The purpose of this Chapter is to implement regulations, pursuant to the City’s police power, on the operation and use of bicycles, nonmotorized vehicles, and mobility devices; to promote the public health, safety, and welfare of riders, pedestrians, and motorists; and to prevent damage to public infrastructure.
§ 5-2 Scope.
The provisions of this Article will serve as the rules and regulations for the use of bicycles, nonmotorized vehicles, and mobility devices on any public roadway, street, highway, parkway, right-of-way, alley, or other public area within the City of Escondido. § 5-3 Definitions.
The following definitions apply to this Article. Words and phrases whenever used in this Article must be construed as defined in this section, unless from the context a different meaning is intended, a different meaning is specifically defined, or more particularly directed to the use of such words or phrases:
(a) “Bicycle” has the same meaning as in California Vehicle Code section 231, as it may be amended from time to time.
(b) “Due regard” means the level of care that a reasonably prudent and competent person engaged in the same line of activity would exercise under similar circumstances. (c) “Mobility device” means electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, motor vehicles, shared mobility devices, or other similar vehicles. These devices can be defined as:
(1) “Class 1 electric bicycle” means the same as in California Vehicle Code section 312.5(a), as it may be amended from time to time.
(2) “Electric bicycle” has the same meaning as in California Vehicle Code section 312.5, as it may be amended from time to time.
(3) “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code section 313, as it may be amended from time to time. (4) “Electrically motorized boards” has the same meaning as in California Vehicle Code section 313.5, as it may be amended from time to time. (5) “Low speed vehicle” has the same meaning as in California Vehicle Code section 385.5, as it may be amended from time to time.
(6) “Motor vehicle” has the same meaning as in California Vehicle Code section 415, as it may be amended from time to time.
(7) “Motorized scooter” has the same meaning as in California Vehicle Code section 407.5, as it may be amended from time to time.
(8) “Shared mobility device” has the same meaning as in California Civil Code section 2505, as it may be amended from time to time.
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Exhibit “A”
(9) “Vehicle” has the same meaning as in California Vehicle Code section 670, as it may be amended from time to time.
(d) “Nonmotorized vehicle” means any wheeled device upon which a person may ride and be propelled by human power. The definition includes skateboards, roller skates, roller blades, coasters, scooters, and other wheeled devices. This definition does not include wheelchairs or bicycles.
(e) “Operator” means a person who owns, operates, and/or controls a bicycle, mobility device, or nonmotorized vehicle.
(f) “Open space” means any undeveloped public property that possesses one or more of the following traits:
(1) primarily in its natural state, including canyons and unimproved waterways; or (2) that is held out by the City; or
(3) used by the public for passive recreational purposes, conservation, or habitat preservation; or
(4) that maintains or enhances the conservation of natural or scenic resources. (g) “Park” means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas, and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space.
(h) “Passenger” means a traveler riding in or on a mobility device who is not operating it.
The definition of passenger is synonymous with the term “rider.” (i) “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the City or a private party. (j) “Recreational area” means a park, playground, recreation center, public school athletic field, or any other area in the City owned or used by the City which is devoted to active or passive recreation. It shall include all adjacent facilities used in conjunction with the park, such as restrooms and locker rooms.
(k) “Reckless operation” means operating in a willful or wanton disregard for the safety of persons or property, including but not limited to:
(1) excessive speed under the circumstances;
(2) weaving through traffic in a manner that endangers others; (3) riding on sidewalks in violation of posted prohibitions while endangering pedestrians;
(4) running stop signs or traffic signals in a manner that creates a hazard; or (5) other conduct that violates California Vehicle Code section 23103 (reckless driving) as applied to bicycles under section 21200. This definition is consistent with the standard applied to motor vehicles and provides fair notice of prohibited conduct.
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Ordinance No. 2026-07
Exhibit “A”
§ 5-4 Operation of Bicycles, Nonmotorized Vehicles, and Mobility Devices. (a) Any person operating or riding on a bicycle, mobility device, or nonmotorized vehicle upon a roadway will be granted those rights and subject to those duties established by the laws of the State of California and by this Code, which apply to persons operating or riding in a vehicle, except for those provisions that, by their nature, can have no application.
(b) Any person operating or riding on a bicycle, mobility device, or nonmotorized vehicle must exercise due regard and observe all applicable laws. Operating a bicycle, mobility device, or nonmotorized vehicle without due regard includes, but is not limited to, any one or more of the following:
(1) Violating any provision of this Chapter, California Vehicle Code, or other related traffic law.
(2) Intentionally swerving or riding around stopped or slowed traffic. (3) Operating a bicycle, mobility device, or nonmotorized vehicle in a manner it was not designed for, including carrying passengers when not intended for carrying passengers.
(4) Not obeying posted signs or traffic control signals. (5) Operating a bicycle, mobility device, or nonmotorized vehicle in any manner that endangers the operator, passengers, other motorists, other riders, or pedestrians in the area.
(6) Operating on any street, road, highway, or bicycle lane against the direction of traffic.
(7) Operating at any speed greater than is reasonable or prudent under the conditions existing at the time.
(8) Failing to yield to pedestrians.
(9) Operating while hitched to or physically attached to any moving vehicle or motorized device.
(10) Operating while failing to yield the right-of-way to pedestrians (11) Failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk.
(c) No person operating or riding a bicycle or electric bicycle will carry another person unless the bicycle or electric bicycle is designed and equipped for passengers, including a separate seat securely attached to the bicycle or electric bicycle, as required by California Vehicle Code section 21204.
(d) Helmets. Any person under the age of 18 operating or riding a bicycle, mobility device, or nonmotorized vehicle must wear a properly fitted and fastened helmet, pursuant to the guidelines in the California Vehicle Code. It is unlawful for any person to wear a helmet in any manner other than the fashion for which the helmet is designed to be worn, including, but not limited to, the use of straps and strap closure mechanisms.
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Ordinance No. 2026-07
Exhibit “A”
§ 5-5. Areas of Operation.
(a) Bicycles, mobility devices, and nonmotorized vehicles are prohibited where posted. It is prohibited to operate or ride on a bicycle, mobility device, or nonmotorized vehicle in public areas where signs prohibiting such activity are posted. (b) Sidewalks.
(1) Mobility devices are prohibited on sidewalks. Mobility devices, such as electric bicycles and motor vehicles, are prohibited from operating on any sidewalk in the City.
(2) Unless prohibited by posted signage, bicycles operated by minors aged 12 or under may be ridden on public sidewalks provided they are operated with due regard .
Bicycles operated by persons over the age of 12 are prohibited from being operated on sidewalks.
(3) Nonmotorized vehicles may be operated on sidewalks except where signs prohibiting such activity are posted or as otherwise outlined in this ordinance. (c) No operating or riding on public facilities. No person shall operate or ride a bicycle, mobility device, or nonmotorized vehicle in any public drainage facility, culvert, ditch, or channel in the City.
(d) Nonmotorized vehicles are prohibited in certain areas. (1) No person shall ride a nonmotorized vehicle on any sidewalk, public roadway or municipal parking lot within the central traffic district as defined in Escondido Municipal Code section 28-1, unless specifically authorized in subsection (b). (2) A person may ride a nonmotorized vehicle on Hickory Street and Valley Boulevard, located on the east side of the central traffic district as defined in Escondido Municipal Code section 28-1.
§ 5-6 Minimum age to operate mobility devices.
(a) Purpose. California Vehicle Code section 21214.7 authorizes local governments in San Diego County to adopt ordinances prohibiting persons under 12 years of age from operating Class 1 or Class 2 electric bicycl es. The City wishes to enact an ordinance in order to promote the safe and efficient use of sidewalks, bicycle paths, pathways, trails, bicycle lanes, and other pedestrian and bicycle facilities in the City. (b) Enactment. As required by state law, a public informa tion campaign regarding the ordinance will be administered for at least 30 days prior to the date of this Ordinance. (c) Prohibition on Operation of Class 1 and Class 2 Electric Bicycles. No person under the age of 12 years old may operate or ride within the City a Class 1 or Class 2 electric bicycle, as defined in California Vehicle Code section 312.5.
(d) Enforcement. A person convicted of an infraction for a violation of this section shall be punished as follows:
(1) For the first 60 days after adoption of this section, a warning notice. (2) After the first 60 days following adoption of this section, a fine not exceeding 225
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Ordinance No. 2026-07
Exhibit “A”
$25.00.
(e) Expiration. This section will remain in effect until January 1, 2029, or until California Vehicle Code section 21214.7 expires, whichever occurs later. This section will have no force or effect upon expiration.
§ 5-7 Enforcement and Education Program.
(a) Authorization to enforce. A peace officer or any City employee tasked with enforcing traffic laws and regulations is authorized to enforce this Chapter. The City Manager may designate others to enforce this Chapter. Such persons will be considered “Enforcement Officers” within the meaning of Chapter 1A of this Code. (b) Education Program. In lieu of a fine or administrative penalty, as authorized by this Code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief—or his or her designee—may allow a violator of this Chapter to complete a police department-approved safety course for bicycles, nonmotorized vehicles, and/or mobility devices.
§ 5-8 Violations.
(a) Pursuant to Government Code section 53069.4, an Enforcemen t Officer may issue an administrative citation for any violation of this Chapter. Prior notice of violation is not a prerequisite to the issuance of an administrative citation under this Chapter. (b) A person is guilty of a separate offense for each and every violation of this Chapter that person commits, causes, permits, or allows to occur, exist, or continue. (c) Any person, irrespective of age, found in violation of any provision of this Chapter may be issued an administrative citation in accordance with the provisions of this Chapter. (d) Every parent, guardian, or other person who has the legal care, custody, or control of any person under the age of 18 years, and who knows, or reasonably should know , that a minor is in violation of this Chapter, is subject to the issuance of an administrative citation.
(e) Every parent, guardian, or other person will be held jointly and severally liable for all fines, fees, penalties, and storage costs, as described in section 5-9. (f) Nothing in this Chapter is intended to limit any of t he penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code. § 5-9 Seizure of Bicycles, Mobility Devices, and Nonmotorized Vehicles. (a) Purpose. The purpose of the seizure and impound of bicycles, mobility devices, and nonmotorized vehicles , when operated without due regard or recklessly , is to remove property that jeopardizes public safety and convenience and prevent the impediment of traffic.
(b) The Chief of Police or designee may seize any bicycle, mobility device (including Class 1, 2, or 3 electric bicycles), or nonmotorized vehicle when the operator has been cited for:
(1) reckless operation in violation of this Chapter or the California Vehicle Code; or 226
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Ordinance No. 2026-07
Exhibit “A”
(2) failure to exercise due regard for the safety of persons or property. (c) Procedure. Pursuant to authority granted by state law, recklessly operating or failing to exercise due regard, in violation of this Code, is a public nuisance and may be abated by the City. The seizing officer must provide written notice to the operator or owner at the time of seizure, identifying the reason for seizure, the location where the bicycle, mobility device, or nonmotorized vehicle is stored, and procedures for retrieval. The bicycle, mobility device, or nonmotorized vehicle will be stored in the time and manner prescribed by state law.
(d) This section should not be construed to conflict with state law or to authorize impoundment in circumstances preempted by the California Vehicle Code. (e) A storage fee will acco mpany the seizure of a bicycle, mobility device, or nonmotorized vehicle. The fee will be established by resolution of the City Council. Storage fees may accrue daily until retrieval.
§ 5-10 Penalty.
(a) Any person violating any of the provisions of this Chapter is guilty of an infraction and, upon conviction, will be punished by a fine. Any violation may also be subject to civil penalties and any other legal remedy provided in this Code or state law.
Each violation described in this Chapter may be charged as a separate count for each occurrence. Fines may increase for repeat violations within a 12 month period. (1) A fine shall not exceed $50 for a first violation.
(2) A fine shall not exceed $100 for a second violation. (3) A fine shall not exceed $200 for each additional violation. (b) Enforcement for minors under the age of 12. Pursuant to section 5-6, a minor convicted of an infraction for a violation of this section shall be punished as follows:
(1) For the first 60 days after adoption of this section, a warning notice. (2) After the first 60 days following adoption of this section, a fine not exceeding $25.00.
§ 5-11 Exceptions.
(a) Public agency personnel. Notwithstanding any other provision of this Chapter, or any other section of this Code, City and public agency personnel may operate mobility devices or other vehicles at any place in the City in the performance of their official duties.
(b) Persons with Disabilities. Nothing in this Chapter will apply to or restrict the lawful use of wheelchairs or other assistive mobility devices by persons with disabilities, as protected under the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), the Rehabilitation Act (29 U.S.C. §794), or California Civil Code section 54 et seq. § 5-12 Appeals.
A citation or impound fee issued for failure to comply with the provisions of this section may be 227
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Ordinance No. 2026-07
Exhibit “A”
appealed pursuant to procedures established in Chapter 1A of this Code. § 5-13 Severability.
If any portion of this Chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, or due to the expiration of authority by state law, the decision will not affect the validity of the remaining portions of this Chapter or the application of the Chapter to persons or circumstances not similarly situated.
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STAFF REPORT
August 26, 2026
File Number 0600-00
SUBJECT
RESOLUTION IN OPPOSITION TO PROPOSITION 44
DEPARTMENT
City Clerk’s Office
RECOMMENDATION
Request the City Council consider, and take such action as it deems appropriate on, Resolution No. 2026- 146, a resolution stating the City Council's opposition to Proposition 44, an initiative statute that will appear before California voters at the November 3, 2026 Statewide General Election.
Staff Recommendation: None (City Clerk’s Office: Zack Beck, City Clerk) Presenter: Mayor Dane White, Councilmember Christian Garcia, Neighborhood Healthcare
PREVIOUS ACTION
On August 12, 2026, Mayor Dane White and Councilmember Christian Garcia requested that this matter be brought forward for City Council consideration on a Future Agenda. The request was made on behalf of Neighborhood Healthcare, a nonprofit community health organization headq uartered in Escondido that operates health centers in Escondido and throughout the region.
Consistent with the City Council's Future Agenda process, the item has been scheduled for public consideration at a regular meeting, agendized in accordance with the Ralph M. Brown Act, and supported by this informational report and a draft resolution prepared by the Office of the City Clerk in coordination with the City Attorney's Office.
BACKGROUND
What is Proposition 44?
Proposition 44 is an initiative statute placed on the ballot through the citizen initiative process set out in Article II, Section 8 of the California Constitution. Its official ballot title, as prepared by the Attorney General, is "Requires Community Health Clinics Spend 90% of Revenue on Program S ervices. Initiative Statute." Proponents refer to the measure by its formal name, the Clinic Funding Accountability and Transparency Act.
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2 The measure was submitted to the Attorney General in August 2025 by proponents Shawna Brown and Sean Fleming, and the signature-gathering campaign was sponsored by Service Employees International Union, United Healthcare Workers West ( “SEIU-UHW”), together with SEIU Local 721. Proponents delivered signed petitions to the Sacramento County Registrar of Voters on April 1, 2026, reporting more than one million signatures. County elections officials verified a sufficient number of signatures, and the Secretary of State certified the measure for the November 3, 2026 ballot in June 2026, at which time it received the designation Proposition 44.
What Proposition 44 Would Do
The following summary is drawn from the nonpartisan analysis prepared by the California Legislative Analyst's Office (LAO) for the November 3, 2026 ballot:
1. Minimum spending requirement. Proposition 44 would re quire private nonprofit "safety net" clinics to spend at least 90 percent of their total annual revenue on providing health care services.
Spending on all other expenses, including administrative costs, would be limited to no more than 10 percent of revenue.
2. Scope. The requirement would apply to private nonprofit safety net clinics. California has approximately 2,000 safety net clinics. Most are private nonprofits, and the remainder are operated by public entities such as counties. Clinics operated by public entitie s would not be subject to the measure.
3. Definitions and waivers. The California Attorney General would be responsible for defining in greater detail which categories of expense count as health care service expenses and which do not, using existing federal reporting as a starting point. Affected clinics could request a temporary waiver of the requirement in certain circumstances.
4. Penalties. A clinic that fell short of the 90 percent minimum would owe the State a penalty equal to the amount of the shortfall. A clinic could recover those funds if it came into compliance within five years. If a clinic did not come into compliance within five ye ars, the State would retain the funds and direct them to clinic workforce programs.
5. Current spending levels. The LAO reports that private nonprofit safety net clinics in California currently report spending an average of approximately 80 percent of revenue on providing health care services, with the figure varying from clinic to clinic.
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3 Fiscal Effects Identified by the Legislative Analyst's Office The LAO estimate of net State and local government fiscal impact is as follows:
State enforcement costs in the low tens of millions of dollars per year, associated with reviewing financial reports and investigating affected entities. The measure directs the State to recover these costs through fees charged to the affected clinics. Other uncertain costs to State and local government, which the LAO describes as dependent on two variables: how the Attorney General defines health care related expenses, and whether affected clinics are able to meet the spending minimum. The LAO notes that clinics increasing direct service spending could increase State Medi -Cal costs, and that clinics unable to meet the minimum might close, producing further uncertain effects on State and local costs.
The official ballot label fiscal impact statement reads: increased State costs in the low tens of millions of dollars per year, covered by fees.
Ballot Effect
A YES vote means that certain private nonprofit health care clinics would be required to spend at least 90 percent of their revenue each year on providing health care services. A NO vote means that the new spending requirement would not take effect.
The measure requires a simple majority of votes cast for approval.
LOCAL CONTEXT
Neighborhood Healthcare, the organization that requested this item, is a private nonprofit 501(c)(3) community health organization founded in 1969 and headquartered in Escondido at 425 North Date Street. It operates as a Federally Qualified Health Center and maintains multiple licensed community clinic sites within the City of Escondido, including locations on North Date Street, North Elm Street, East Valley Parkway, and East Ohio Avenue, as well as sites elsewhere in San Diego and Riverside Counties.
According to the organization, Neighborhood Healthcare provides approximately 500,000 medical, dental, and behavioral health visits each year to more than 90,000 patients. Its Escondido operations include primary care, pediatrics, prenatal and women's health, behavioral health, dental services, and services for older adults, and it accepts Medi-Cal, Medicare, commercial insurance, and sliding scale payment.
Because Proposition 44 would apply to private nonprofit safety net clinics, organizations of this type operating in Escondido would fall within the scope of the measure if it is approved by the voters. The City of Escondido does not operate community health clinics, does not fund Neighborhood Healthcare operations, and would not be a regulated party under the measure. 231
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4 ARGUMENT IN OPPOSITION TO PROPOSITION 44
The following summarizes the argument advanced by the campaign committee "No On Prop 44: Stop the Attack on Patients and Community Health Clinics," which is sponsored by California Primary Care Association Advocates and reports top funders of AltaMed Health Services, California Primary Care Association Advocates, and WellSpace Health. This summary is presented because it is the argument that gave rise to the request to place this item before the City Council. It is presented as the position of the opposition campaign and not as a finding of the City. The public is encouraged to study the avail able literature on the measure before casting vote.
1. Risk of clinic closures and service reductions. Opponents cite an economic analysis prepared for the opposition campaign by Berkeley Research Group, which concluded that the measure would reduce funding available to community health clinics by approximately $1.7 billion in the first year and by additional amounts in subsequent years, and that 88 percent of clinics statewide would operate at a loss. Opponents contend that t his would force clinic closures and significant reductions in patient services.
2. Effect on patients who rely on safety net care. Opponents state that community health clinics serve approximately seven million patients across California, including children, working families, uninsured residents, seniors, veterans, and roughly one in three Medi -Cal patients. They argue that reductions in clinic capacity would fall hardest on these populations, and that in many rural and medically underserved communities the local community health clinic is the only accessible source of care.
3. Treatment of essential operating expenses. Opponents argue that the measure's classification of expenses would penalize clinics for spending on functions that support patient care b ut may not be counted as direct service. The categories they identify include clinical leadership and nursing management, enrollment navigators and referral coordinators, billing and accounting staff, human resources, recruitment and workforce development, janitorial and maintenance services, telemedicine, quality improvement programs, staff training, translation services, medical records systems, appointment support, patient transportation, diagnostic equipment such as mammography, computed tomography, and radiography machines, facility rent and utilities, insurance, and the construction or expansion of clinic sites.
4. Role of the Attorney General. Opponents object to vesting authority in the Attorney General to define which expenditures qualify, characterizing this as placing an elected official without health care operational expertise in a position to influence the mix of services clinics are able to provide.
5. Downstream pressure on emergency departments. Opponents argue that if patients lose access to routine and preventive care at community clinics, a portion of that demand would shift to 232
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5 hospital emergency departments, contributing to longer wait times, increased crowding, and higher aggregate system costs.
6. Argument that existing oversight is sufficient. Opponents note that community health clinics are already subject to federal and State regulation, including mandatory spending requirements, audits, and public financial reporting, and that as nonprofit organizations governed by boards that include patient representatives, they are already obligated to direct resources toward patient care and community benefit.
7. Breadth of opposition. The opposition coalition includes, among others, the California Medical Association, the California Hospital Association, the California Academy of Family Physicians, the American College of Obstetricians and Gynecologists District IX, the American College of Emergency Physicians (California chapter), the California Children's Hospital Association, the California Behavioral Health Association, the California Black Health Network, the California School Nurses Organization, the California School Based Health Alliance, the National Association of Social Workers California chapter, the California Teachers Association, and Planned Parenthood Affiliates of California.
Additional information is available at noprop44.com.
ARGUMENT ADVANCED BY PROPONENTS
For balance, and so that the City Council has a complete factual record before it, the following summarizes the position of the proponent campaign, "Yes on Proposition 44," sponsored by SEIU-UHW and SEIU 721.
As above, this summary is presented as the position of that campaign and not as a finding of the City.
1. Directing revenue to patient care. Proponents argue that a substantial s hare of clinic revenue, which they estimate at approximately $1.7 billion systemwide, is not currently spent on direct patient care, and that a minimum spending standard would redirect those resources to services.
2. Feasibility. Proponents note that some community clinics already meet or exceed a 90 percent threshold, and argue that this demonstrates the standard is achievable for others.
3. Transparency and accountability. Proponents describe the measure as an accountability and transparency framework for organizations that receive significant public funding, requiring public reporting of financial and spending priorities.
4. Fiscal environment. Proponents argue that recent and anticipated reductions in federal health care funding make it more important that each health care dollar be directed to patient care rather than to administrative and executive costs.
Additional information is available at yesonprop44.com. 233
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6 Staff note, for accuracy: the LAO does not adopt either campaign's projections. The LAO analysis quantifies only State enforcement costs, describes other fiscal effects as uncertain, and expressly identifies both the possibility of increased direct service spending and the possibility of clinic closures as potential outcomes.
LEGAL CONSIDERATIONS
California law distinguishes between a legislative body taking a position on a ballot measure, which is permitted, and the expenditure of public funds on campaign activity, which is not. Authority to state a position. Under Vargas v. City of Salinas (2009) 46 Cal.4th 1, and the line of authority beginning with Stanson v. Mott (1976) 17 Cal.3d 206, a legislative body may adopt a resolution stating its position on a ballot measure at a properly noticed public meeting at which members of the public have an opportunity to be heard.
Limits on public expenditure. Government Code Section 54964 prohibits an officer, employee, or consultant of a local agency from expending or authorizing the expenditure of local agency funds to support or oppose a ballot measure, subject to specified exceptions, including the provision of fair and impartial informational material.
Practical effect. If Resolution No. 2026 -146 is adopted, the City may transmit the resolution to the parties identified in the resolution and may make it available as a public record. The City may not use public funds, staff time, or City communications channels to conduct campaign advocacy in support of the position stated in the resolution.
CITY COUNCIL OPTIONS
The City Council may:
1. Adopt Resolution No. 2026-146 as presented, stating the City Council's opposition to Proposition
44. 2. Adopt Resolution No. 2026-146 with modifications directed by the City Council at the meeting.
3. Decline to adopt Resolution No. 2026-146, taking no position on Proposition 44.
4. Continue the item to a future meeting for additional information.
5. Direct staff to prepare an alternative resolution, including a resolution in support of Proposition 44 or a resolution providing neutral informational content only.
RESOLUTIONS
a. Resolution No. 2026-146
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RESOLUTION NO. 2026-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ESCONDIDO, CALIFORNIA, EXPRESSING OPPOSITION TO
PROPOSITION 44, AN INITIATIVE STATUTE APPEARING
ON THE NOVEMBER 3, 2026 STATEWIDE GENERAL
ELECTION BALLOT
WHEREAS, Proposition 44, entitled by the Attorney General of the State of California as "Requires Community Health Clinics Spend 90% of Revenue on Program Services. Initiative Statute," and referred to by its proponents as the Clinic Funding Accountability and Transparency Act, has qualified for and will appear before the voters of the State of California at the Statewide General Election to be held on November 3, 2026; and
WHEREAS, Proposition 44 would require private nonprofit safety net health clinics to expend not less than 90 percent of their total annual revenue on the provision of health care services, thereby limiting expenditures on all other categories, including administrative and operational costs, to not more than 10 percent of total revenue; and
WHEREAS, Proposition 44 would authorize the Attorney General of the State of California to determine, by definition, which categories of clinic expenditure qualify as health care service expenditures and which do not; and
WHEREAS, Proposition 44 would require a clinic that falls short of the 90 percent minimum to remit to the State a penalty equal to the amount of the shortfall, recoverable only if the clinic achieves compliance within five years, and forfeited to the State thereafter; and WHEREAS, the nonpartisan California Legislative Analyst's Office reports that private nonprofit safety net clinics in California currently expend an average of approximately 80 percent of revenue on the 235
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provision of health care services, and further reports that Proposition 44 would create State enforcement costs in the low tens of millions of dollars per year, to be recovered through fees charged to the affected clinics; and
WHEREAS, the California Legislative Analyst's Office further reports that the additional fiscal effects of Proposition 44 on State and local government are uncertain, and expressly identifies, among the possible outcomes, that certain clinics unable to meet the minimum spending requirement may close; and
WHEREAS, community health clinics operating within the City of Escondido serve residents of this community across primary care, pediatric, prenatal and women's health, behavioral health, dental, and senior health services, and provide care to patients regardless of insurance status or ability to pay; and WHEREAS, Neighborhood Healthcare, a private nonprofit community health organization founded in 1969 and headquartered in the City of Escondido, operates multiple licensed community clinic sites within the City and reports providing approximately 500,000 medical, dental, and behavioral health visits annually to more than 90,000 patients throughout the region; and WHEREAS, the City Council finds that access to affordable and accessible primary, prevent ive, behavioral, and dental health care is a matter of legitimate local concern, because the health of Escondido residents bears directly upon public safety response demand, emergency services utilization, school attendance, workforce participation, housing stability, and the overall wellbeing of the community; and WHEREAS, a broad coalition of health care and community organizations, including the California Medical Association, the California Hospital Association, the California Academy of Family Physicians, the American College of Emergency Physicians (California chapter), the California Children's Hospital Association, the California Behavioral Health Association, the California Black Health Network, the 236
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California School Nurses Organization, and the California Teachers Association, among others, has stated its opposition to Proposition 44 on the grounds that the measure would reduce the operating capacity of community health clinics and thereby reduce patient access to care; and WHEREAS, opponents of P roposition 44 contend that the measure would classify as non - qualifying a range of expenditures that directly support patient care, including clinical and nursing leadership, enrollment and referral assistance, translation services, medical records systems , telehealth capacity, patient transportation, staff training, facility costs, and diagnostic equipment, and that clinics would therefore face financial penalties for maintaining functions that are essential to the delivery of care; and
WHEREAS, opponents of Proposition 44 further contend that reductions in community clinic capacity would shift demand for routine and preventive care to hospital emergency departments, contributing to longer emergency department wait times, increased crowding, and higher agg regate health care costs; and
WHEREAS, the City Council acknowledges that the proponents of Proposition 44 advance the measure as an accountability and transparency reform intended to direct a greater share of health care revenue to direct patient care, and the City Council respects the right of the proponents to place this question before the voters through the initiative process guaranteed by Article II, Section 8 of the California Constitution; and
WHEREAS, the City Council nonetheless concludes, afte r consideration of the analysis of the Legislative Analyst's Office and the arguments presented by both campaigns, that the risk of reduced clinic capacity and diminished patient access within the City of Escondido and the surrounding region outweighs the anticipated benefits of the measure as drafted; and 237
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WHEREAS, this Resolution constitutes an expression of the position of the City Council on a matter of public policy, adopted at a duly noticed public meeting at which members of the public were afforded an opportunity to be heard, consistent with Vargas v. City of Salinas (2009) 46 Cal.4th 1 and related authority, and does not authorize the expenditure of public funds for campaign activity in contravention of Government Code Section 54964; and
WHEREAS, t he City Council takes no position on any political party, candidate, or campaign committee, and adopts this Resolution solely on the basis of the anticipated effect of Proposition 44 on health care access for the residents of the City of Escondido.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California , as follows:
1. The foregoing recitals are true and correct and are incorporated into this Resolution by this reference as though fully set forth herein.
2. The City Council of the City of Escondido hereby states its opposition to Proposition 44, the initiative statute appearing on the November 3, 2026 Statewide General Election ballot.
3. The City Council affirms its recognition of the essential role that community health cl inics serve in the City of Escondido, and affirms its support for continued access to affordable primary, preventive, prenatal, pediatric, behavioral, and dental health care for all residents of the City, regardless of insurance status or ability to pay.
4. The City Council affirms its support for meaningful financial transparency and accountability among organizations that receive public health care funding, and encourages the Legislature and the appropriate State regulatory agencies to pursue such account ability through processes that permit public 238
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hearing, expert review, technical amendment, and the participation of patients, providers, and health care workers.
5. This Resolution is an expression of the position of the City Council only. It does not authorize, and shall not be construed to authorize, the expenditure of City funds, staff time, or City communications resources for campaign activity in support of or in opposition to any ballot measure, and it does not restrict any member of the public, any City officer, or any City employee from holding or expressing a contrary view in his or her individual capacity.
6. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Governor of the State of California, the Attorney General of the State of California, the members of the State Legislature representing the City of Escondido, the Board of Supervisors of the County of San Diego, the League of California Cities, Neighborhood Healthcare, and such other parties as the City Cler k deems appropriate, and to make this Resolution available to the public as a record of the City.
7. If any provision of this Resolution is held to be invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted this Resolution and each provision thereof irrespective of any such invalidity.
8. This Resolution shall take effect immediately upon its adoption.
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KEY-
CONSENT CALENDAR CURRENT BUSINESS
PUBLIC HEARING WORKSHOP PROCLAMATION
9/2/2026
PRESENTATION - SAN DIEGO RESCUE MISSION
CONSTENT CALENDAR - APPROVAL OF CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE OFFICER CONSENT CALENDAR - (K. SNYDER) - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO AUTHORIZING THE RECEIPT OF GRANT FUNDS AND EXECUTION OF GRANT AGREEMENTS AND FORMS FOR THE PROJECT BPMP-5081(032) CITY WIDE BRIDGE MAINTENANCE PROJECT CONSENT CALENDAR – (K. SNYDER) – FIRST AMENDMENT TO CONSULTING AGREEMENT WITH DUDEK CONSENT CALENDAR – (M. MCGUINNESS) - CONSIDERATION OF APPOINTMENT OF INTERIM CITY ATTORNEY CURRENT BUSINESS - (C. GARCIA / D. WHITE) - HOMELESSNESS STATUS UPDATE 9/9/2026 - NO MEETING
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