ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, TO AMEND TITLE 2, CHAPTER 2.40 OF THE MANTECA MUNICIPAL CODE TO ADD SECTION 2.40.030, ADOPTION OF A MILITARY EQUIPMENT USE POLICY WHEREAS, the Manteca Police Department (“the Department”) uses military equipment as necessary tools to maintain officer and civilian safety; and WHEREAS, pursuant to Section 7070 et seq. of the Government Code, the Department must have its Military Equipment Use Policy approved by the City Council of the City of Manteca to continue its use of existing or new military equipment, request military equipment pursuant to Section 2576a of Title 10 of the United States Code, seek funds for additional military equipment, acquire military equipment either temporarily or permanently, collaborate with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City Council, or solicit or respond to any proposals, or enter any agreements, for any funds to receive, acquire, use, or collaborate in the use of military equipment; and WHEREAS, City Council approval must be through adoption of an ordinance, as required under Section 7071 of the Government Code; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council at which this ordinance was introduced and presented for adoption, including any supporting reports by City Staff, and any information provided during said meetings.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:
SECTION 1: That Title 2, Chapter 2.40 of the Municipal Code of the City of Manteca be hereby amended to add Section 2.40.030, regarding adoption of a military equipment use policy, which shall read as follows:
Section 2.40.030. Adoption of a Military Equipment Use Policy.
On an annual basis, the Manteca Police Department (“the Department”) shall obtain approval from the City Council to adopt and use a “Military Equipment Use Policy,” as that phrase is defined under Section 7070, subdivision (d) of the Government Code, as may be subsequently amended. Approval shall be documented in a resolution, which shall incorporate the approved policy into this ordinance.
The City Council shall approve the Department’s proposed Military Equipment Use Policy, or its renewal, at one of its regular meetings in open session at which public comment is provided in accordance with the Ralph M. Brown Act (Section 54950 et seq. of the Government Code) only upon finding that the proposed policy and any previous use of military equipment, as documented in the Department’s military equipment report, as applicable, meets the standards set forth in Section 7071, subdivision (d) of the Government Code, as may be subsequently amended. Any findings regarding the use of military equipment shall be based solely on the Department’s annual military equipment report, as required under Section 7072 of the Government Code. In the event a renewed policy fails to satisfy these requirements, the City Council may either disapprove renewal of the policy or require modifications of the policy to resolve any lack of compliance.
At least thirty (30) days prior to seeking approval of the proposed policy or its renewal, the Department shall post the proposed Military Equipment Use Policy on its website and ensure it is publicly available. Said policy shall remain on the Department’s website once approved until repealed or amended.
Prior to renewal of the Military Equipment Use Policy, the Department shall prepare and submit to the City Council a military equipment report pursuant to Section 7072 of the Government Code, as may be subsequently amended. Prior to submission, said report shall be made publicly available and the Department shall hold at least one (1) well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions of the Department regarding the military equipment report and the Department’s funding, acquisition, or use of military equipment.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause, or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Cassandra Candini-Tilton, City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the ___ day of ______, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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