CITY OF LANCASTER PEPPER SPRAY POLICY
(NON-LAW ENFORCEMENT EMPLOYEES)
I. PURPOSE
Pepper Spray and other chemical weapons are intended and designed to be used as disabling agents, to use to attempt to overcome resistance, and to subdue persons with less than lethal force. Pepper spray contains Oleoresin Capsicum (“OC”), which is a naturally-occurring mixture of oil and resin that is extracted from various tropical pepper plants.
In accordance with California Penal Code Section 22810, any person may purchase, possess, or use pepper spray, solely for self-defense purposes and subject to certain restrictions.
Permanent and temporary non-law enforcement employees working in the City of Lancaster who a) have completed the required training and b) have City of Lancaster approval, are authorized to carry and use pepper spray as a self-defense measure while on duty.
Occupational use of pepper spray must be in accordance with the guidelines and procedures set forth in this document. Non-law enforcement employees shall use only the amount of pepper spray that is necessary to achieve the desired effects. Once the desired effects are achieved, employees shall discontinue the use of pepper spray.
Medical assistance shall be promptly procured or provided for injured persons.
II. PROCEDURE
A. Authorization
1. All non-law enforcement employees who have successfully completed a pepper spray education and training course approved by the City of Lancaster may be authorized to possess pepper spray in the course of his or her work consistent with the Purpose outlined above.
2. Proof of pepper spray education and training shall be maintained in the employee’s personnel file at all times.
3. A non-law enforcement employee whose pepper spray education and training certification has expired is not allowed to possess pepper spray while on duty. Each non-law enforcement employee is also responsible for maintaining their pepper spray education and training up-to-date.
4. Request for pepper spray education and training shall be made to the non-law enforcement employee’s direct supervisor, manager, or department director. Priority for education and training shall be given to those non-law enforcement employees who face an increased risk of aggression and/or violence due to the nature of their work duties.
5. Authorization to possess pepper spray while on duty may be revoked at any time at the discretion of the City of Lancaster, including by a direct supervisor, manager, or department director.
B. Pepper Spray Type
Non-law enforcement employees shall only possess pepper spray canisters that have been approved and issued by the City of Lancaster.
The City of Lancaster shall consider each non-law enforcement employee’s specific working conditions when selecting the appropriate pepper spray delivery method (e.g., stream, cone, vapor, fogger, foam, gel, spray, etc.).
C. Pepper Spray Usage
The use of City of Lancaster issued pepper spray by non-law enforcement employees is restricted to:
1. Defensive purposes when protecting oneself from personal injury and/or to stop further physical injury to oneself or to others, in compliance with Penal Code Sections 692, 693.1 and 694;
2. Responding to the direct order of a law enforcement officer;
3. Coming to the aid or assistance of a law enforcement officer who is not able to give a direct order; or
4. Use by an animal control officer in compliance with departmental procedures.
If possible, a non-law enforcement employee should avoid and/or withdraw from an aggressive and/or violent situation and call law enforcement to assist in keeping the peace while the non-law enforcement employee’s work is performed.
If avoidance or withdrawal is not possible and other non-violent alternative methods have failed or would be ineffective, then the employee is justified in using pepper spray.
D. Pepper Spray Storage
All non-law enforcement employees must ensure that their pepper spray is safely secured at all times. Non-law enforcement employees may store their pepper spray in their desk drawer, purse, pocket, or a pepper spray holster or container which has been provided or approved by the City of Lancaster.
City of Lancaster issued pepper spray shall be stored in a secure location and left at work when not on duty.
E. Reporting the Use of Pepper Spray
In the event that a non-law enforcement employee uses pepper spray in the course of their work, the non-law enforcement employee shall contact the appropriate law enforcement agency as soon as it is safe to do so.
The non-law enforcement employee must also complete a Report of Discharge of Pepper Spray or written incident report and submit it to their supervisor as soon as possible and when safe to do so, but no later than 48 hours after the discharge.
Exemptions to this time-frame may be granted by a supervisor on a case-by-case basis.
The non-law enforcement employee should retreat to a safe distance from the assailant or attacking animal and immediately call 9-1-1 to request law enforcement assistance.
The non-law enforcement employee should encourage bystanders to move to a safe location, as applicable.
F. Inspection and Replacement
1. Pepper spray devices shall be maintained in an operational and charged state by authorized non-law enforcement employees or vendors.
2. Non-law enforcement employees are responsible for following the manufacturer’s instructions for care and storage of the pepper spray container.
3. Non-law enforcement employees are responsible for requesting replacement of a damaged, inoperable, or empty device.
4. Non-law enforcement employees are to properly dispose of canisters.
G. Pepper Spray Decontamination Considerations
Typically, decontamination of a subject will be done by responding law enforcement, firefighters, paramedics, and/or emergency medical technicians.
Employees are under no obligation to provide first aid to the sprayed individual.
III. TRAINING AND EDUCATION
Training will be performed by a City of Lancaster approved instructor. Training will include review of this Policy and Procedures document, the instructions accompanying the pepper spray container, and Penal Code Section 22810. Employees must demonstrate a thorough understanding of these three items in order to receive authorization to carry pepper spray. Training will also include test deployment of the pepper spray container.
The City of Lancaster requires retraining every two (2) years.
IV. OTHER CONSIDERATIONS
Incident debriefing: Allow those City of Lancaster employees involved in the incident to process the event and reflect on its impact. Depending on the event, a Critical Incident Stress Debriefing (CISD) may be required.
Employee assistance: Short-term counseling may help, including employee assistance program (EAP) referral services for employees and their household members.
All non-law enforcement employees should consider their ability, City of Lancaster policies and procedures, and federal and state laws when deciding to use pepper spray.
Unreasonable use of force under the totality of the circumstances may expose the City of Lancaster and/or the employee to criminal prosecution and/or civil liability.
V. REFERENCES
California Penal Code, Section 692
California Penal Code, Section 693.1
California Penal Code, Section 694
California Penal Code, Section 22810
Appendix A
Employee Authorization and Acknowledgement of the City of Lancaster’s Pepper Spray Policy and Authorization to Possess and Use Pepper Spray
I hereby acknowledge that I have read and understand the preceding Policy; that I agree to adhere to the requirements of the Policy as outlined; and that I have requested permission to carry pepper spray in the course of my employment with the City of Lancaster.
Employee Printed Name: ___________________________________________ Employee Signature: ___________________________________________ The above noted employee has voluntarily requested to carry pepper spray in the course of his/her employment and has successfully completed the City of Lancaster-mandated pepper spray training. Therefore, this employee is authorized to carry City of Lancaster issued pepper spray in the course of his/her employment.
Supervisor Signature: ___________________________________________ Date: ___________