ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO ADOPTING POLICE DEPARTMENT POLICY NO. 706, IN ACCORDANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of items lawmakers deemed to be considered “military equipment;” and WHEREAS, AB 481 requires law enforcement agencies, including the Rialto Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined;” and WHEREAS, the City Council finds that the public has a right to know about any funding, acquisition, or use of military or militaristic equipment by the City of Rialto, as well as a right to participate in any City decisions to fund, acquire, or use such equipment; and WHEREAS, the City Council finds that decisions regarding whether and how military or militaristic equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input; and WHEREAS, the City Council finds that legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military or militaristic equipment is funded, acquired, or used; and WHEREAS, the City Council finds that for at least thirty (30) days prior to date of the public hearing on Ordinance No.___, concerning the proposed Military Equipment Policy, along with any Attachments, was made available on the Rialto Police Department’s public website; and WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy, entitled “ Rialto Police Department Military Equipment Inventory 2022” and attached hereto as Exhibit “A,” is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and WHEREAS, the City Council finds that the proposed Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy, entitled “Rialto Police Department Military Equipment Inventory 2022” is reasonably cost effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, the City Council finds that prior military equipment use by the US Military is consistent with the proposed Military Equipment Policy of the Rialto Police Department; or, if not consistent, the Rialto Police Department has taken corrective action to remedy nonconforming uses and ensure future compliance; and WHEREAS, the City Council has determined and finds the Rialto Police Department has timely sought approval of Ordinance No. _____ from the City Council to continue the use of any military equipment that was acquired prior to January 1, 2022, and that by approving this Ordinance No.____, within 180 days from the date this approval process was initiate, the City Council authorizes the Rialto Police Department to continue its use of such Military Equipment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings and conclusions set forth above are true and correct and hereby incorporated by reference.
SECTION 2. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts the Policy No. 706, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A.” SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect immediately after its passage by the City Council of the City of Rialto.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Rialto hereby declare they would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c).
INTRODUCED at the regular meeting of Rialto Council on the _____ day of __________2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Rialto City Council on the _______ day of ___________2022. __________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, Interim City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2022.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2022. ____________________________________
Barbara A. McGee, City Clerk
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