Ordinance MC-1579
ORDINANCE NO. MC-1579
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADOPTING POLICE DEPARTMENT POLICY NO. 705
(MILITARY EQUIPMENT POLICY), IN ACCORDANCE
WITH ASSEMBLY BILL 481
WHEREAS, the City San Bernardino,
municipal corporation duly or Sained unded the California sily), and ahas or he state ol California; and
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill ("AB") 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military equipment policy ("Policy") by the City Council before the San Bernardino Police Department ("Department") may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO Ordinance MC-1579
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
If the Department purchases military equipment pursuant to the Policy, the 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. Adoption of Military Equipment Policy. The City Council hereby adopts the Policy No. 705, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit "A."
SECTION 4. Notice of Adoption. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. 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.
Ordinance MC-1579
SECTION 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18'h day of May 2022.
Sile
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
PP.
Sonia Carvalho, City Attorey
Ordinance MC-1579
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1579, introduced by the City Council of the City of San Bernardino, California, it a regular meeting held the 4* day of May 2022 Ordinance No. MC-1579 was approved anc dopted at a regular meeting held the 18th day of May 2022 by the following vote Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this 19th day of May 2022. he
Genoveva Rocha, CMC, City Clerk
Policy San Bernardino Police Department
SBPD Policy Manual
705
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy") is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481"). (California Government Code § 7070 et seq.)
705.1.1 DEFINITIONS
Definitions related to this policy ("Policy") include those provided in Government Code section 7070, and as follows:
1. Governing body - The City of San Bernardino City Council ("City Council").
2. Military equipment - As defined in Government Code section 7070, Subsections (c)(1) through (c)(16). 705.1.2 MILITARY EQUIPMENT USE POLICY CONSIDERATIONS
1. The military equipment acquired or sought by the San Bernardino Police Department ("Department"):
(a) Is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(b) Is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(c) Will safeguard the public's welfare, safety, civil rights, and civil liberties.
2. Military equipment shall only be used by Department personnel only after applicable training, including any course required by the Commission on Peace Officer Standards and Training has been completed, unless exigent circumstances arise.
705.2 POLICY
Pursuant to California Government Code section 7070, the Department will maintain a copy of the Policy on its website as long as the equipment is in use. It is the Policy of the Department that members of this Department will comply with the provisions of Government Code section 7071 with respect to military equipment.
705.3 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. 1 The Policy must be approved by the City Council prior to engaging in any of the following:
a) Requesting military equipment made available pursuant to 10 USC § 2576(a). b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, federal funds, in-kind donations, or other donations or transfers. c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department.
e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) 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. g) Acquiring military equipment through any means not provided above. 705.4 CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Department shall be catalogued in a way which addresses each of the following requirements:
1. Description of each type of military equipment;
2. Quantity sought;
3. Capabilities of the equipment;
4. The expected lifespan of the equipment;
5. The purpose and authorized uses for which the Department proposes to use each type of equipment;
6. The fiscal impact of the equipment, both initially and for ongoing maintenance; and
7. Training including courses required by the Commission on Peace Officer Standards and Training. 705.5 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this Department to act as the military equipment coordinator.
The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy. (b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting; and
2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring the report is made available on the Department website. (g) Establishing a procedure for a person to register a complaint or concern, or how that person may submit a question regarding the use of military equipment, and how the Department will respond 2 in a timely manner.
705.6, ANNUAL REPORTING AND COMMUNITY ENGAGEMENT
The Chief of Police or authorized designee shall submit an annual military equipment report to the 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. ) A summary of any complaints or concerns received concerning the military equipmen ) The results of any internal audits, any information about violations of the military equipment use policy and any actions taken in response.
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 the 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 and the quantity sought for each type of military equipment.
3. Within thirty (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. 705.7 ADDRESSING COMPLAINTS AND CONCERNS RELATED TO MILITARY EQUIPMENT Pursuant to California Government Code section 7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of specific military equipment in this policy by any of the following
means:
1. Via email to: [email protected]
2. Via phone call to: (909) 384-5742
3. Via mail sent to: San Bernardino Police Department
Attn: Military Equipment Coordinator
710 N. D Street San Bernardino, CA 92401
705.8 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use in accordance with Department policy. Military equipment used by other jurisdictions during mutual aid requests, collaborations, and while conducting operations within this jurisdiction, should comply with their respective military equipment use policies.
705.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLIES
Based on fluctuating Department responses throughout the year, coupled with ongoing training, stocks of military equipment will be maintained to ensure operational readiness for critical incidents and other significant public safety concerns.
3 705.10 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action.
705.11 SBPD EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned, sought, or utilized by the Department:
1. Robots
a. Description, capabilities, and purchase cost:
Recon Robotics-Throwbot. This equipment is an unmanned, battery powered, remote operated device. The light-duty robot is equipped with a camera and can be remotely operated from hundreds of feet away, providing protection and safety to the operator.
Its stair climbing ability and overall maneuverability allows the robot to search condensed areas. This equipment is generally used during high-risk incidents. Use is limited to members of the Department who have received training. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject's location is very important, and the robot can provide that without placing anyone at risk.
Cameras can also help determine if a suspect is armed and can also identify other subjects inside the location in need of assistance, or immediate medical attention.
Cost: $16,000.
lI. iRobot Packbot. The iRobot Packbot is like the Throwbot, but is a larger, heavy-duty machine, which is also remotely operated. Cost: $30,000.
III. Transcend Tactical-Vantage Patrol Robot. Similar capabilities as the iRobot Packbot.
Cost: $25,500.
b. Purpose:
To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.
Authorized Use:
Only assigned personnel who have completed the required training shall be permitted to operate the robot. The SWAT team provides internal training for staff. Use is established by the Incident Commander, Watch Commander, or SWAT Supervisor. d. Expected Lifespan:
8-10 years
e. Fiscal Impact:
Estimated annual maintenance cost is approximately $500.
Legal and Procedural Rules:
It is the policy of the Department to utilize robots for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Unmanned Aerial Vehicles ("UAV")
Description, capabilities, and purchase cost:
1. DJI Mavic 2 Enterprise. This miniature UAV is a battery-powered, remote- operated device that weighs approximately 249 grams and can record video and audio with approximately 30 minutes of flight time depending on weather and flight conditions.
The UAV allows operators to view a live feed or take still photographs from mounted cameras. Cost: $2,500.
II. DJI Phantom 4 2.0. This UAV is a battery-powered, remote-operated device that weighs approximately 899 grams. It is equipped with an inferred camera with 4 recording capability, a spotlight, and an audible speaker with approximately 30 minutes of flight time depending on weather and flight conditions. Cost: $2,200.
III. AARDVARK-Loki-MK2-UAVSDS-EU. This UAV is a battery-powered, remote- operated device that weighs approximately 508 grams. It is intended for close quarter, indoor and outdoor tactical scouting missions, and features a highly sensitive Night- Day + IR sensor camera giving it the ability to fly and see in complete darkness. It has a rapid deploy feature which can be hand thrown, for exigent circumstances requiring a quick deployment. The UAV can record video and audio for up to six hours when perched and has approximately 60 minutes of flight time depending on weather and flight conditions. Cost: $9,500.
b. Purpose:
UAVs may be utilized to enhance the Department's mission of protecting lives and property when other means and resources are not available or are less effective. To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
I. Major traffic collision investigations;
Il. Search and rescue operations;
Ill. Suspect apprehension;
IV. Natural disaster management;
V. Crime scene photography;
VI. Hazard monitoring;
VIl. Tactical or other public safety and life preservation missions; VIII. In response to specific requests from local, state, and federal fire; authorities for fire response and/or prevention;
IX. Crisis communications; and
X. Legally authorized surveillance.
Authorized Use:
Only assigned personnel who have completed the required training shall be permitted to operate the UAVs during approved missions. All UAV operators are licensed by the Federal Aviation Administration for UAV operation. Prior to piloting any UAV, personnel must secure a FAA Remote Pilot License and complete all training required by our FAA COA.
d. Expected Lifespan:
5 years
e. Fiscal Impact:
Estimated annual maintenance and battery replacement cost is approximately $1,200.
Legal and Procedural Rules:
Use is established under Department Policy Manual Section 319. Any use of UAVs will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAVs potentially involves privacy considerations. Operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy. Operators and observers should take reasonable precautions to maintain privacy when operating UAVs. Reasonable precautions can include deactivating or turning imaging devices away from such areas or persons during UAV operation.
3. Armored Rescue Vehicles
a. Description, capabilities, and purchase cost:
2010 Lenco Armored Rescue Vehicle ("ARV"). The ARV is designed to provide ballistic protection during tactical events (designed to withstand various projectiles, low-level explosions, and provides greater safety for citizens and officers beyond the protection of a 5 shield or body armor. The ARV is equipped with nuclear/radiological detection devices, self-contained breathing apparatus, and explosive gas detection devices. The ARV is also equipped with emergency lights/siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations, deployment of officers during tactical situations, riots, vehicle borne interventions, and in the event of an active shooter or similar emergency. The ARV is currently deployed at large events in the City of San Bernardino, generally out of public view for potential rescue operations. The ARV is a regional mutual- aid asset that can be requested, deployed to, and utilized by allied agencies in the region.
The asset was obtained via federal grant. Cost: $306,175. b. Purpose:
To be used for rescues to enhance officer and community safety, improve scene containment, stabilization, transport personnel during tactical operations, and assist in resolving critical incidents.
c. Authorized Use:
The deployment of the ARV is based on specific circumstances of a given incident or tactical operation. The ARV should only be operated by personnel familiar with the equipment unless exigent circumstances arise.
d. Expected Lifespan:
20-25 years.
e. Fiscal Impact:
Estimated annual maintenance cost is approximately $1,500.
Legal and Procedural Rules:
It is the policy of the Department to utilize armored rescue vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
4. Mobile Incident Command and Control Vehicles ("Mobile Command Post") a. Description, capabilities, and purchase cost:
2001 BlueBird custom-built vehicle. The vehicle is a two-axle busstyle vehicle with a front door and a rear door. It is painted black and white with police graphics affixed to the body.
The equipment housed in the vehicle includes, but is not limited to, mobile data computer consoles, communications accessories, cables, charging stations, auxiliary power, lighting, miscellaneous office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is capable of being used as a mobile operation command post and dispatch center and is equipped with a restroom for long operations in remote areas. The vehicle is also capable of transporting personnel and equipment. The mobile command vehicle is used as an auxiliary command vehicle during major incidents. The asset was obtained via a CLETEP grant from the Office of Criminal Justice Planning. Cost: $242,000. b. Purpose:
To be utilized for critical incidents and large-scale events. c. Authorized Use:
This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid commercial driver's license.
d. Expected Lifespan:
25 years.
e. Fiscal Impact:
Annual maintenance cost of approximately $2000
f. • Legal and Procedural Rules:
It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
5. Mobile Incident Command and Control Vehicles ("RIMA") 6 a. Description, capabilities, and purchase cost:
2019 Freightliner Chassis custom-built vehicle (Regional Incident Management Apparatus). The vehicle is primarily used by the Crisis Negotiation Team (CNT"). It can nor mited oy mole dals antict consule annuncing a vel
charging stations, auxiliary power, lighting, CNT throw phones and associated equipment, office supplies, tabletops, chairs, and other miscellaneous storage. The vehicle is a regional mutual-aid asset that can be requested and utilized by allied agencies in the region. The asset was obtained via UASI grant. Cost: $334,000. b. Purpose:
To be used during critical incidents, large operations, natural disasters, or community events. c. Authorized Use:
This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of this vehicle shall have a valid a driver's license.
d. Expected Lifespan:
20 years
e. Fiscal Impact:
Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:
It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
6. Mobile Incident Command and Control Vehicles ("SWAT VAN") a. Description, capabilities, and purchase cost:
2008 Freightliner Chassis Utility Master custom built vehicle by Braun Northwest. This vehicle is primarily used by the Special Weapons and Tactics team ("SWAT"). The vehicle is used to transport SWAT personnel and equipment. The equipment housed in this vehicle includes, but is not limited to, manual breaching tools, weapons, ammunition, robots, unmanned aerial vehicles, less lethal launchers and munitions, tear gas, water, lighting, and a power generator. The asset was obtained via Homeland Security grant funds. Cost:
$132,964.
b. Purpose:
To be utilized for critical incident callouts.
c. Authorized Use:
This mobile incident command and control vehicle will used by police personnel who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid driver's license.
d. Expected Lifespan:
20 years
e. Fiscal Impact:
Estimated annual maintenance cost is approximately $1,500 f. Legal and Procedural Rules:
It is the policy of the Department to use mobile incident command and control vehicles for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
7. Specialized Firearms and Ammunition
a. Description, capabilities, and purchase cost:
7 Beretta Tikka T3X TAC A1, .308 WIN, bolt action sniper rifle with magnified scope. The rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. Cost: $1,395.
Hornady TAP (Tactical Action Police), .308 WIN, 168 grain sniper rifle ammunition. Cost: $6,250.
III. Hornady TAP (Tactical Action Police), 308 WIN, 165 grain GMX sniper rifle ammunition heavy barrier penetrator. Cost: $1,140.
b. Purpose:
To be used as precision weapons, at greater distances, with additional accuracy and performance. The rifle(s) gives the operator more effective options in addressing the increasing level of firepower and body armor used by criminal suspects. c. Authorized Use:
Beretta Tikka T3X TAC A1,.308 WIN, bolt action sniper rifle is reserved for qualified SWAT personnel who have completed a POST basic sniper course, followed by monthly competency training and function testing. Officers may deploy the rifles in any circumstances where the officer can articulate a reasonable expectation that the rifle may be needed.
Examples of general guidelines for deploying rifles may include but are not limited to:
I. Situations where the officer reasonably anticipates and armed encounter lI. When an officer is faced with a situation that may require accurate and effective fire at long-range
III. Situations when officer reasonably expects the need to meet or exceed a suspect's firepower
IV. When an officer reasonably believes there may be a need to fire on a barricaded person or a person with a hostage
When an officer reasonably believes that a suspect may be wearing body armor
VI. When authorized or request by supervisor
d. Expected Lifespan:
l. Beretta Tikka T3X TAC A1, .308 bolt action sniper rifle - No expiration Il. Hornady TAP .308 WIN, 168 grain - No expiration
III. Hornady TAP .308 WIN, 165 grain GMX - No expiration e.
Fiscal Impact:
Rifles - Annual maintenance costs are estimated between $1,000 to $3,000. Most maintenance is performed by Department staff.
The ongoing costs for ammunition will vary depending on usage, inventory, and market price based on current demand/availability. f. Legal and Procedural Rules:
Use is established under the Department Policy Manual Section 432. It is the policy of the Department to utilize rifles and associated ammunition only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.
8. Diversionary Devices
a. Description, capabilities, and purchase cost:
A Noise Flash Diversionary Devices (NFDD), or Light Sound Diversionary Device (LSDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. They are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations. A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescues, room entry, or 8 other high-risk arrest situations. Diversionary devices produce atmospheric over-pressure and brilliant white light, which as a result, can cause short-term (6-8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
1. Defense Technology, 8925 multi-port, multi-bang diversionary device. Cost: $52.
Il. Combined Tactical Systems, 7290M, mini diversionary device. The mini exhibits all the same attributes of the 8925 but comes in a smaller, lighter package. Cost: $49, quantity: (50).
III. Defense Technology, 8933, single-port diversionary device. Cost: $62. b. Authorized Use:
Only officers who have completed divisionary device training that is conducted by a POST certified instructor will be authorized to deploy these devices.
Diversionary Devices are generally used:
1. In hostage and barricaded subject situations.
II. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
III. During other high-risk situations where their use would enhance officer safety.
IV. To produce humane fright for potentially dangerous animals encountered. c. Expected Lifespan:
I. 8925 - 5 years
II. 7290 - 5 years
III. 8933 - 5 years
d. Fiscal Impact:
No annual maintenance. Costs for diversionary devices will vary depending on usage and inventory. Estimated cost is generally between $500-$3,000 annually
e. Legal and Procedural Rules:
It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and pursuant to State and Federal law.
9. Tear Gas
a. Description, capabilities, and purchase cost:
Chemical agent munitions and canisters, which are commonly referred to as "tear gas".
The Department deploys two chemical agents which are used by law enforcement agencies across the United States: CS (2-hlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum).
CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow).
OC was deregulated in California in 1996 and is available to civilians to legally possess (2.5 oz or less). OC is an inflammatory agent which causes temporary involuntary closure of eyes and respiratory inflammation which generally subsides after several minutes.
I. 1026 - Defense Technology, Tripple-Chaser Separating Canister CS. The Triple-Chaser CS Canister consists of three separate canisters pressed together with ability to separate when deployed. When deployed, the canisters separate and land approximately (20) feet apart, allowing increased area 9 coverage in a short period of time. The canister can be hand deployed or launched from a delivery system. The canister is (6.5) inches by (2.7) inches and holds approximately (92) grams of agent. The device has an approximate burn time of (20) to (30) seconds. Cost: $52.00.
II. 1072 - Defense Technology, Spede-Heat, Continuous Discharge Canister. The Spede-Heat CS Canister is a high-volume continuous burn device and expels the agent for approximately 20-40 seconds. The agent is dispersed through four ports on top of the canister, three on the side, and one on the bottom. The device can be hand deployed or launched and measures (6.12) inches by (2.62) inches. The canister holds approximately (81.2) grams of agent. Cost: $33.00.
III. 1092 - Defense Technology, Han-Ball, CS. The Han-Ball CS is an outdoor use device expelling the agent in approximately 15-20 seconds. The rubber ball device has an overall size of (4.8) inches tall (including the fuze head) and a diameter of (3.1) inches. The device holds approximately (45.4) grams of agent which is expelled through three ports around the equator of the ball. Cost: $40.00 quantity:
(100).
IV. 1087- Defense Technology, Stinger, Rubber Balls. The Stinger Rubber Balls device delivers three stimuli for psychological and physiological effects: rubber balls, light, and sound. The device is used to deliver .60 caliber rubber balls with the stimuli of bright light and sound. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. Cost: $53.00, quantity: (100). 1088 - Defense Technology, Stinger, CS. The Stinger CS device delivers four stimuli for psychological and physiological effects: rubber balls, light, sound, and CS.
The device is used to deliver .60 caliber rubber balls with the stimuli of light, sound, and agent. It is widely used as a riotous crowd management tool by law enforcement and corrections. The device has an initial (1.5) second delay that initiates a fuse assembly separation, followed by another (0.5) second delay before the function of the device. The device holds approximately (2) grams of agent.
Cost: $56.00.
VI. 2042 - Defense Technology, Flameless Expulsion, CS. The Flameless Expulsion, CS is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $49.00, quantity: (50).
VII. 2040 - Defense Technology, Flameless Expulsion, OC. The Flameless Expulsion, OC is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without the risk of fire. It is safe to use indoors, and the contents are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. The device measures approximately (7.5) inches by (1.65) inches and delivers approximately (4.5) grams of agent during its three second discharge time. Cost: $50.00, quantity: (30).
VIII. 1083 - Defense Technology, Military-Style Maximum HC, Smoke Canister. The Military-Style Maximum HC Smoke Canister is a slow burning, high volume, 10 continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air. The steel canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost: $39.00.
IX. 1073 - Defense Technology, Large Style Maximum HC Smoke. Like the 1083 Military-Style Maximum HC Smoke Canister except for the steel canister and slight size difference. The Large-Style Maximum HC Smoke Canister is a slow burning, high volume, continuous discharge device designed for outdoor use to signal, obscure, distract, direct movement, and carry other chemical agent through the air.
The canister emits grey-white smoke for approximately (1.5) to (2) minutes. Cost:
$42.00.
X. 1262 - Defense Technology, Ferret 40mm Round, CS Liquid. The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed 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 amount of agent inside of a structure or vehicle.
The round is 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 individuals. The round contains (8) grams of agent. Cost: $25.00.
XI. 2262 - Defense Technology, Ferret 40mm Round, CS Liquid barricade penetrator.
The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed 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 amount of agent inside of a structure or vehicle. The round is 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 individuals. The round contains (8) grams of agent. Cost: $25.00.
XII. 5230B - Combined Tactical Systems, Baffled CS Canister. The Baffled CS Cannister is a continuous burning device which delivers approximately (23.5) grams of agent and measures (6.2) inches in length and (2.6) inches in diameter. The device is designed for indoor use and can deliver agent throughout multiple rooms with minimal risk of fire. The canister can be launched or hand deployed. The device is commonly used by tactical teams to dislodge barricaded subiects 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 individuals. Cost: $50.00.
XIII. 1210 - The 12-Gauge Muzzle Bang/Launching Cartridge incorporates an opaque shell and uses black powder as the propellant. It can be used alone as a muzzle bang for crowd management but is primarily used to launch chemical agents when paired with a 12-gauge less lethal shotgun and Combined Tactical Systems launching cup. Cost: $7.00.
b. Purpose:
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:
1. Self-destructive, dangerous and/or combative individuals II. Riotous crowd control
Ill. Barricaded and/or armed individuals
IV. Circumstances where a tactical advantage can be obtained 11 V. Potentially vicious animals
c. Authorized Use:
Only officers who have received POST certification in the use chemical agents are authorized to deploy chemical agents.
d. Expected Lifespan:
1. 1026 - 5 years
Il. 1072 - 5 years
lil. 1092 - 5 years
IV. 1087 - 5 years
V. 1088 - 5 years
Vl. 2042 - 5 years
VIl. 2040 - 5 years
VIlI. 1083 - 5 years
X. 1073 - 5 years
X. 1262 - 5 years
XI. 2262 - 5 years
XII. 5230B- 5 years
XIII. 1210 - 5 years
e. Fiscal Impact:
No annual maintenance. Annual costs vary significantly depending on usage and inventory. t. Legal and Procedural Rules:
Jse is established under Department Policy Manual Section 308. They are to be used as an intermediate level of force.
10. Projectile Launch platforms and associated munitions (PepperBall Launching System) a. Description, capabilities, and purchase cost:
A less lethal launcher system that uses high pressure air to deliver projectiles (similar to a paintball delivery system). The system is designed to assist law enforcement in a variety of encounters. The PepperBall launching system can provide effective results from distances up to 150 feet. The Pepperball launcher provides a lightweight modular option for law enforcement, while also providing a multiple feeding system for different styles of deployment and encounters. This less lethal option allows law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de- escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and dangerous individuals, reducing the immediacy of the threat, which is a principal of de-escalation.
I. Tippman PepperBall launching system, TX model. Cost: $591.
II. PepperBall Live-X projectile. Cost: $244/375 rds.
III. PepperBall Inert projectile. Cost: $323/375rds.
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. To provide law enforcement with a less lethal option to assist in resolving critical incidents. Situations for use of the less lethal weapon systems may include but are not limited to:
1. Self-destructive, dangerous and/or combative individuals.
Il. Riotous crowd control
Ill. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
12 c. Authorized Use:
Only personnel certified as having completed department-approved training on the use of PepperBall launching systems will be allowed to deploy the system. d. Expected Lifespan:
I. PepperBall Launcher: No expiration
Il. Live-X Projectile: 3 years
II. Inert Projectile: 3 years
e. Fiscal Impact:
PepperBall Launcher: Estimated between $0 and $100 annually Il. Live-X Projectile: Estimated between $0 and $500 annually Ill. Inert Projectile: Estimated between $0 and $325 annually Legal and Procedural Rules:
Use is established under Department Policy Manual Section 308.7.2. It is the policy of the Department to utilize PepperBall launching systems only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
11. Projectile Launch platforms and associated munitions (40mm system, 12-Guage less lethal shotgun) a. Description, capabilities, and purchase cost:
40mm and 12-Guage launching systems are less lethal options which allow law enforcement officers to deliver chemical agents and kinetic energy impacts to suspects in a potentially violent encounter. It is a de-escalation tool used to minimize injuries and reduce the chance of lethal encounters. The range of the launching system creates a barrier between officers and the suspect, reducing the immediacy of the threat, which is a principal of de-escalation.
Defense Technology, 40mm, single-shot launcher, #1425. The 40mm less lethal launching system uses smokeless powder to deliver 40mm projectiles from a safe distance. Cost: $1,000.
II. Defense Technology, 40mm, tactical multi-shot launcher, #1440. The launcher is a low profile and lightweight system which provides multi-shot capability. Cost:
$1,975.
IlI. Penn Arms 40mm, multi-shot launcher, pump advance version, PGL65, double action, 6-shot capability with an adjustable stock. Cost: $2,250.
IV. Detense Technology, 40mm Exact Impact sponge munition, #6325. A less lethal lightweight plastic and foam projectile fired from a single or multi-shot 40mm launcher. The 30-gram foam projectile delivers 120 foot-pounds of energy on impact at 325 feet per second. The munition provides accurate and effective performance when fired from the approved distances (no less than 5 feet and up to 130 feet from the target). Cost: $18.
V. Remington 870 less lethal shotgun. The dedicated less lethal lunching system with an easily identifiable bright orange stock, used to deploy a 12-gauge drag stabilized beanbag munitions up to 75 feet. Cost: $946.
Defense Technology 12-Guage Drag Stabilized beanbag munition #3027. A less lethal 2.4 inch, 12-gauge shotgun munition, firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 to 290 feet per second. Cost: $5. b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
13 C. Authorized Use:
40mm and 12-Gauge less lethal shotgun launching systems are authorized for use by police personnel who have completed the required Department training. Situations for use of the less lethal weapon systems may include, but are notlimited to:
1. Self-destructive, dangerous and/or combative individuals Il. Riotous crowd control
III. Circumstances where a tactical advantage can be obtained Potentially vicious animals
d. Expected Lifespan:
40mm Launcher #1425: No expiration
Il. 40mm Launcher #1440: No expiration
il. 40mm Sponge Round #6325: 5 years
IV. Remington 870 dedicated less lethal shotgun: No expiration V. Defense Technology 12-Gauage drag stabilized beanbag: No expiration e. Fiscal Impact:
1. 40mm Launchers: Estimated maintenance between $0 and $500 annually Il. 40mm #6325 Sponge Round: Estimated between $0 and $1,000 annually Remington 870 dedicated less lethal shotgun: Estimated maintenance between $500 and $1,500 annually
IV. Defense Technology 12-Gauage drag stabilized beanbag: Estimated between $0 and $1,500 annually
f. Legal and Procedural Rules:
Use of kinetic energy projectiles and chemical agents is established under Department Policy Manual Section 308. It is the policy of the Department to utilize kinetic energy projectiles for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
12. Long Range Acoustic Device (RAD)
a. Description, capabilities, and purchase cost:
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.
I. LRAD 100x Mag- HS Wireless Kit. Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LAD 100X ensures voice messages are clearly heard and understood. LRAD's optimized driver, waveguide, and power efficiency technologies enable the LAD 100X to provide several hours of clear, continuous communication from a single battery charge. Cost: $16,455.
II. LRAD 300x-RE. A long, medium, and near-range acoustic hailing device to warn and communicate to crowds, individuals, and potential vehicle/vessel threats over distances up to 3,000 meters. These acoustic devices broadcast warnings and can determine the intent of potential threats. Cost: $12,000.
III. LRAD 500x-RE. A compact, lightweight LRAD designed for applications ranging from fixed security installations to mid-sized vehicles and vessels, the LRAD 500X-RE easily mounts and transports to provide law enforcement personnel unparalleled long-range communication and safe, scalable non-kinetic escalation of force. Cost: $9,500. b. Purpose:
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, Kg deployments, etc.).
The LRAD may also be used to issue a warning tone.
c. Authorized Use:
The LRAD should only be used by officers trained in its deployment. 14 d. Expected Lifespan:
25 years
e. Fiscal Impact:
No annual maintenance
f. Legal and Procedura Rules.
Ise of the LRAD is for official law enforcement purposes and will be used accordina to applicable State and Federal law.
13. Explosive Breaching Tools
Description, capabilities, and purchase cost:
Explosive breaching tools are used to breach fortified structures to establish a point of entry. Explosive breaching effectively reduces the time spent overcoming fortified gates, doors, locks, and structures. The reduction in time in mitigating a hardened structure increases officer safety during high-risk operations and increases the safety of civilians during hostage rescue situations.
1. Remington 870 Express, 12-guage breaching shotgun. The system is a lightweight, tube fed, pump operated, shoulder fired weapon. It has a 15-inch breaching barrel and is used exclusively for breaching applications. Cost: $1,000.
I. Defense Technology, TKO 12-guage breaching munitions. The 12-Gauge shell is loaded with a compressed zinc slug and utilizes smokeless power as the propellant.
The round is used for defeating door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks. Upon impact the zinc slug disintegrates into a fine powder eliminating fragmentation. Cost: $7.00.
III. Royal Arms, MB-70S, 12-guage, muzzle blast, flash bang soft. The 12-Gauge shell loaded with light media powder and no hard wads. The round can be used for less lethal / diversionary applications and is 170 db. The round is also used for breaching windows, sliding glass doors, vehicle windows, light wooden doors, and interior doors.
Cost: $6.00, quantity: (100).
IV. Royal Arms, FB-82H, 12-guage, 82 grain flash, flash bang hard. The12-Gauge shell loaded with compressed powder and two hard fiber wads. The round can be used for diversionary applications and is 185 db. The round is also used for breaching solid wood doors, light steel doors, sliding glass doors, vehicle windows, and can be used in crawl spaces. Cost: $5.00, quantity: (100).
V. Royal Arms, TESAR-5, blue cap, 500 grain, copper frangible. The 12-Gauge 500 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, heavy locks, cross bolts, and heavy hinges (steel doors on steel frames). The round has an average velocity of 1450 feet per second (FPS). Cost: $6.00, quantity:
(100).
VI. Royal Arms, TESAR-4, yellow cap, 750 grain, copper frangible. The 12-Gauge 750 grain round is loaded with copper and S-70 steel shot. The round can be used to breach heavy class 3 steel doors, heavy locks, and heavy hinges. The round has an average velocity of 1285 feet per second (FPS). Cost: $6.00, quantity: (100).
VIl. Royal Arms, TESAR-2, black cap, 425 grain, copper frangible. The 12-Gauge 425 grain round is loaded with a copper powder slug. The round can be used to breach metal doors, solid oak doors, heavy locks, dead bolts, and hinges. The round has an average velocity of 1525 feet per second (FPS). Cost: $5.00, quantity: (100).
VIII. Royal Arms, TESAR-1, orange cap, 275 grain, copper frangible. The 12-Gauge 275 15 grain round is loaded with a compressed copper frangible slug. The round can be used to breach solid wood doors, hollow wood doors, locks, and hinges. The round has an average velocity of 1750 feet per second (FPS). Cost: $5.00, quantity: (100) IX. Royal Arms, HP cutter, 12-guage, hollow point, rebar cutter. The 12-gauge 450 grain round is loaded with a hardened chromoly steel slug. The round can be used to cut rebar, penetrate security glass, penetrate vehicle doors, and disable vehicle engine blocks. The round has an average velocity of 1400 feet per second (FPS). Cost:
$6.00, quantity: (100).
b. Purpose:
To expedite entry into fortified structures, locations, and vehicles. The breaching shotgun in conjunction with a breaching round is designed to gain entry quickly and safely in most cases during a search, arrest, or rescue.
c. Authorized Use:
Use of breaching munitions are authorized for use by SWAT personnel who have completed the required Department training.
d. Expected Lifespan:
1. Remington 870 Express breaching shotgun - No expiration Il. All breaching ammunition - 5 years
e. Fiscal Impact:
Annual maintenance for the shotgun is completed by Department staff at an estimated cost of $0 to $100.
f. Legal and Procedural Rules:
It is the policy of the Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.
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