ORDINANCE NO. ____________
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LANCASTER APPROVING THE LANCASTER POLICE
DEPARTMENT’S MILITARY EQUIPMENT USE POLICY
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 generally requires that (a) a law enforcement agency prepare a publicly released, written, military equipment use policy document prior to acquiring, using, and/or taking certain other action concerning military equipment, (b) the policy be approved by an ordinance of the law enforcement agency’s governing body, and (c) the policy be reviewed annually; and WHEREAS, the Lancaster Police Department’s Military Equipment Use Policy (“MEUP”) is attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the MEUP meets the requirements of AB 481; and WHEREAS, the City Council finds and determines it to be in the best interest of the City to approve the Lancaster Police Department’s MEUP; and
WHEREAS, this Ordinance must take effect immediately as an urgency ordinance to preserve the public peace, health and safety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.
Section 2. The City Council makes the following required findings in compliance with AB 481 (Cal. Gov. Code § 7071(d)(1)) as to the attached MEUP:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed MEUP will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. The City Council hereby approves the MEUP.
Section 4. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 6. This Ordinance is hereby declared an urgency measure pursuant to section 36937(b) of the California Government Code and shall be effective immediately upon adoption by a four-fifth (4/5th) vote of the City Council.
Section 7. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2025, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster