Loading...
HomeMy WebLinkAbout _ 4(e)--Adopt Ordinance No. 2661 providing guidelines regarding military equipment for RPD CITY OF REDDING REPORT TO THE CITY COUNCIL Recommendation Adopt Ordinance No. 2661, an uncodified ordinance of the City Council of the City of Redding, adopting Redding Police Department Policy No. 707 to provide guidelines for the approval, acquisition, and reporting requirements for military equipment. Attachments ^Uncodified Ordinance No. 2661 - 2nd reading Redding Police Department Policy No. 707 MEETING DATE: July 18, 2023 ITEM NO. 4(e) FROM: ***APPROVED BY*** bschueller@reddingpolice.org btippin@cityofredding.org SUBJECT: 4(e)--Adopt Ordinance No. 2661 adopting a policy to provide guidelines for military equipment for the Redding Police Department. Bill Schueller, Chief of Police First Reading: 06/20/23 BS For Adoption: 07/18/23 (5-0) CC Agenda Item No.: 4(e). DRAFT NEW ORDINANCE ORDINANCE NO. 2661 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A POLICY TO PROVIDE GUIDELINES FOR THE APPROVAL, ACQUISITION AND REPORTING REQUIREMENTS FOR MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which relates to the use of military equipment by state and local law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at Government Code sections 7070 through 7075, inclusive, and as applied to cities, requires local law enforcement agencies to obtain approval of a military equipment use policy prior to taking any action which supports the acquisition and use of military equipment; and WHEREAS, Government Code section 7071 requires approval of a military equipment use policy by ordinance at a regular meeting of the City Council; and WHEREAS, it further provides that the military equipment use policy must be made publicly available on the law enforcement agency’s internet website for no less th an thirty (30) calendar days prior to adoption of the same by ordinance; and WHEREAS, subdivision (e) of Government Code section 7071 further requires that the City Council review any such ordinance at least annually after having considered the report required by Government Code section 7072; and WHEREAS, the proposed military equipment use policy for the Redding Police Department Policy 707, is attached and incorporated herein; and WHEREAS, Redding Policy Department Policy 707 was published on the Redding Police Department’s internet website on March 2, 2022, and was provided to the City Council on the same day; and WHEREAS, the City Council adopted Ordinance No. 2647 on May 3, 2022, whereby Redding Police Department Policy 707 was, approved, adopted and found to meet all requirements under the law. 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Determinations and Orders. 1. Redding Police Department Policy 707 meets the requirements of subdivision (d) of Government Code section 7070 because substantial evidence in the record establishes that: A. Policy 707 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and B. Policy 707 will safeguard the public’s welfare, safety, civil rights and civil liberties; and C. The equipment set forth in Policy 707 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civil safety. 2. Redding Police Department Policy 707 is approved and adopted. 3. The Chief of Police shall produce the annual military equipment report required by Government Code section 7072, publish the same on the Redding Police Department internet website, and provide the notice and public engagement required by subdivision (b) of Government Code 7072. 4. The Chief of Police shall, after undertaking all actions set forth in Section 3, herein, agendize consideration of the annual military equipment report for a regular meeting of the City Council. 5. The Chief of Police shall, no later than ten months (10) months after the adoption of this ordinance, and every subsequent renewal of the same, cause consideration of an ordinance to renew this ordinance for an additional term of one (1) year to be agendized for first reading. Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any person or circumstance. The City Council of the City of Redding hereby declares that it would have adopted each section, subsection subdivision paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections subdivisions paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 3 Section 3. The City of Redding finds that this Ordinance is not a “project” according to the definition set forth in the California Environm ental Quality Act (“CEQA ”), and, pursuant to CEQA Guidelines s ections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in ques tion may have a significant effect on the environment), the adoption of this ordinance is therefore not subject to the provisions requiring environmental review. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Reddi ng at a regular meeting on the 20th day of June , 2023, and was duly read and adopted at a regular meeting on the 18th day of July, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ________________________________ MICHAEL DACQUISTO , Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ________________________________ SHARLENE TIPTON , City Clerk BARRY E. De WALT, City Attorney DATE ATTESTED: July _____, 2023 Policy 707 Redding Police Department RPD Policy Manual Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department Military Equipment - 1 Military Equipment 707.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). 707.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. Military equipment – Includes but is not limited to the following: •Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. •Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. •Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. •Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray. •TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). •Kinetic energy weapons and munitions. •Any other equipment as determined by a governing body or a state agency to require additional oversight. Redding Police Department RPD Policy Manual Military Equipment Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department Military Equipment - 2 707.2 POLICY It is the policy of the Redding Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police should 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 governing body 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 governing body. (c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Redding Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1.Publicizing the details of the meeting. 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 that the report is made available on the department website (Government Code § 7072). (g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 707.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: Unmanned Aerial Vehicle (UAV) Armored Vehicle Mobile Command Vehicle Explosive Breaching .50 Caliber Rifle Rifles identified as assault weapons under Penal Code Sections 30510 and 30515 Noise Flash Diversionary Devices Tear Gas and Munitions Redding Police Department RPD Policy Manual Military Equipment Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department Military Equipment - 3 Kinetic Energy Weapons and Munitions For inventory details - See attachment: RPD AB481 Inventory_4-11-22.pdf 707.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a)Requesting military equipment made available pursuant to 10 USC § 2576a. (b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or 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 governing body. (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. 707.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid. 707.7 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). Redding Police Department RPD Policy Manual Military Equipment Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department Military Equipment - 4 The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. RPD Policy Manual Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department Attachments - 5 Attachments Attachment RPD Policy Manual Copyright Lexipol, LLC 2023/01/24, All Rights Reserved. Published with permission by Redding Police Department RPD AB481 Inventory_4-11-22.pdf - 6 RPD AB481 Inventory_4-11-22.pdf RPD AB481 Inventory_4-11-22.pdf Redding Police Department Military Equipment Inventory Dates Revised April 11, 2022 Section 1 – Unmanned, remotely piloted, powered aerial or ground vehicles CA Gov’t Code § 7070 (c)(1) Equipment Name: Unmanned Aircraft Systems (UAS) Quantity Owned: 14 Lifespan: 5+ years Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR), thermal, and optical zoom lenses. Products in UAS fleet/description: The following make up the UAS fleet for the Redding Police Department. All products are manufactured by DJI and include commercial-grade and civilian models. Commonly used by construction and utility companies for the inspection of buildings, powerlines, windmills and other infrastructure. All UAS are battery powered, remote operated devices. Operators utilize a handheld controller to control UAS and view live feed from UAS-mounted camera. Flight time varies by model, but average approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAS has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel. The Redding Police Department utilizes the following UAS models: DJI Matrice 210(s) – four units. DJI Matrice 300(s) – two units. DJI Mavic 2(s) – two units. DJI Phantom 4(s) – two units. DJI Pro – one unit. DJI Spark – one unit. DJI Mavic Mini (s) – two units. Purpose/Authorized Uses: Unmanned aerial systems 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. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The Redding Police Department also works in conjunction with Redding Electric Utility in annual power line inspections as part of the REU Wildfire Mitigation Plan. Fiscal Impacts: Initial startup cost was funded by the REU Wildfire Mitigation Plan – which was $176,825 in 2020. Two Martrice 300’s were purchased in 2021 for $74,184. Costs associated with replacement/repair of equipment ~ $5,000; the price of the UAS is based upon each specific model. The most expensive UAS is the Matrice 300 with a cost of approximately $35,000 for all attachments, cameras, etc. The allotted annual Redding Police Department UAS budget is $20,000. Legal/Procedural Rules Governing Use: The use of the UAV is in accordance with Redding Police Department Policy 606 and Federal Aviation Administration (FAA) Regulations. Training Required: UAS will only be operated on deployment by Department personnel who possess a valid Remote Pilot Certificate and have received Department approved training in operation, applicable laws, policies, and procedures regarding the use of the UAS. Other: UAS consistently improve and advance from year to year. There may be times when equipment becomes available that are imperative for successfully operating the fleet while old technology becomes obsolete. Section 3 - High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. CA Gov’t Code § 7070 (c)(3) Equipment Name: Lenco BearCat G2 Quantity Owned: 1 Lifespan: 15+ years Equipment Capabilities: The vehicle is equipped with emergency lights/sirens, rotating roof hatch, running boards, protection against chemical agents, back-up camera, battering ram attachment, CS (tear gas) deployment nozzle, and spot/flood lights. The vehicle is armored with a 0.5 – 1.5” thick steel and ballistic windows rated to stop a 0.50 caliber bullet. Manufacturer Product Description: The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers. Purpose/Authorized Uses: The Bearcat is primarily used for Special Weapons and Tactics (SWAT) Team incidents, safe transport of SWAT personnel to and from critical incidents, high risk warrant service operations, dangerous high risk tactical operations, high risk rescue operations, training, community engagement efforts and any other applications deemed appropriate and approved by the SWAT Commander, Division Commander or Chief of Police. Fiscal Impacts: The cost of the Bearcat was approximately $309,035 which was purchased in 2019 by the Hilltop Business Group for the City of Redding. Legal/Procedural Rules Governing Use: The use of the Lenco Bearcat G2 is governed by Redding Police Department Policy 706. Training Required: Officers are to be trained in the operation of the Bearcat prior to use. Training requirements will be set by the SWAT Commander and will include knowledge of the listed policy, rules of the road and basic knowledge of electronic/mechanical functions on the vehicle. The training will also include a driving exercise. SWAT personnel will receive advanced training and are expected to maintain a higher level of operational knowledge and expertise. Only Redding Police Department personnel who have completed training and possess a valid California Driver’s License will be authorized to drive/operate the Bearcat, unless a delayed deployment of the Bearcat would result in serious bodily injury or death. The SWAT Commander, or his/her designee, is responsible for training officers on proper use, driving techniques and ensuring the vehicle is properly serviced and maintained. Other: The vehicle is designed to meet the tactical needs of law enforcement agencies tasked with responding to acts of violence and/or terrorism. The purpose is to enhance law enforcement’s ability to serve and protect the community. Section 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. CA Gov’t Code § 7070 (c)(5) Equipment Name: City of Redding - Mobile Command Vehicle (MCV) Quantity Owned: 1 Lifespan: 15+ years Equipment Capabilities: The vehicle provides mobile, remote access to radio, internet planning and operational resources to assist with the command and control of major incidents and other planned operations. The vehicle also has the capability to dispatch officers and firefighters, as well as receive emergency calls. Manufacturer Product Description: The City of Redding - Mobile Command Vehicle was built in conjunction with the Redding Fire Department, Redding Police Department, and Redding Electric Utility as a unified command vehicle but can also alternate between fire, police, and utility for department specific missions. The vehicle was custom built by Pierce Manufacturing in Appleton Wisconsin in 2021. Purpose/Authorized Uses: The MCV can be deployed for any fire, police, and/or utility incidents which it would be deemed beneficial to do so. Fiscal Impacts: The initial costs of the MCV was approximately $560,040 which was purchased in 2021 with funding from the Redding Electric Utility Wildfire Mitigation Plan. The annual upkeep for the vehicle is approximately $5,000. Legal/Procedural Rules Governing Use: Redding Police Department allows the use of the MCV with the approval of the Division Commander. A Class C license is required to drive the vehicle. Training Required: A Class C license is required to drive the vehicle. The Redding Police Department supervisor assigned to the MCV will ensure operators are trained in the operation and functions of the MCV. Trained personnel will operate the MCV and will be assigned to the vehicle during operations to facilitate its operation. Other: The MCV is not a tactical vehicle but rather a multi-purpose vehicle to help facilitate command and control during field incidents in the City of Redding. The vehicle does not have any armor nor is it deployed in such a manner as to be used in such a way. The vehicle is to be deployed at the periphery of a tactical incident if one such arises. Section 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. CA Gov’t Code § 7070 (c)(7) Equipment Name: Energetic Explosive Breaching Quantity Owned: 942 feet Detonating Cord, 50 grains per foot. Blasting Caps – 42 Percussion Primers – 50 Lifespan: 5 years Equipment Capabilities: Energetic breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach. Energetic breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and/or the target to cause the structure of the target to fail for a successful breach. Breaching charges are specially designed to cause structural failure of the desired target. Various types, configurations, and energetic weights are maintained for use, as needed. Manufacturer Product Description: The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps Purpose/Authorized Uses: It is the standard operating procedure of the Redding Police Department Special Weapon and Tactics (SWAT) Team to utilize a SWAT team member or member of the Shasta County Bomb Squad who has attended the necessary training required to provide the option of explosive breaching. Explosive breaching is a SWAT team tactical option and can be employed when a rapid entry is critical to the success of the SWAT mission. Explosive breaching should only be considered after other reasonable methods or procedures have been exhausted or deemed inappropriate. Explosive breaching can provide a sufficient tactical advantage which should also be considered to justify its use. An explosive breach should be viewed as a breaching tool to be used in dangerous situations with minimal risk to officers and occupants of target structures. Explosive breaching techniques may not be appropriate in all breaching situations. An explosive breach should not be employed in the following circumstances: a. The construction of walls, doors or the building is not known. b. The location of the occupants/victims is not known. c. There is a known presence of unstable chemicals or other incendiary materials. Fiscal Impacts: Initial startup was funded by Department SWAT budget – estimated $2,500. Future fiscal impact – 25 grain detonation cord – estimated between $0 and $349 annually. 50 grain detonation cord – estimated between $0 and $1,915.49 annually Legal/Procedural Rules Governing Use: Explosive breaching is commanded by the SWAT Commander and procedures are outlined under Redding Police Department Policy 404. Explosive breaching may only occur after authorization by the SWAT Commander in the field, and during training exercises. Training Required: Explosive breaching personnel shall train with SWAT at minimum two times annually and often enough to be proficient in the practice of explosive breaching. All explosive breaching personnel shall attend a certified breaching school. Other: Explosive breaching is specifically assigned and utilized by the Redding Police Department SWAT Team. Section 7 - Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. CA Gov’t Code § 7070 (c)(7) Equipment Name: Remington Breaching Shotgun (Model 870, 12 Gauge) and ammunition Quantity Owned: Breaching Shotguns – 2 Hornady ¾ oz breaching round – 50 Lifespan: 15 – 20 years Equipment Capabilities: To quickly force entry through locked and/or barricaded doors, the Department authorizes the use of the breaching shotgun. The use of the breaching shotgun allows officers to defeat doors that mechanical breaching tools would normally be unable to open. The primary function of the breaching shotgun is for forcing entry. Although the breaching shotgun is a firearm, it has been modified for breaching purposes. Additionally, the selected ammunition is frangible and designed to defeat door locks and hinges. Manufacturer Product Description: Starting with a receiver machined from an 8 ½ – pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation. Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time. Hornady 12 Gauge breaching round frangible ¾ oz slug is designed to fit a variety of mission applications including entry (limited penetration), breaching, and training. It features a ¾ ounce frangible sintered slug. Purpose/Authorized Uses: When a decision has been made to conduct an emergency entry, the breaching shotgun may only be used when it appears reasonably necessary to prevent death or great bodily injury. Officers are also required to obtain the approval of a supervisor unless the circumstances make it impractical to obtain authorization and/or delayed response would jeopardize the safety of citizens, officers or suspect(s). Fiscal Impacts: Approximately $500 annually. Department SWAT budget. Legal/Procedural Rules Governing Use: The use of the breaching shotgun is governed by Redding Police Department Policy 404. Training Required: The training for the use of the breaching shotgun is governed by Redding Police Department Policy 404. All training and proficiency for the breaching shotgun will be documented by the SWAT Commander. Other: Breaching shotguns are assigned to the SWAT Team. Section 8 and 9 - Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. CA Gov’t Code § 7070 (c)(8) and 7070 (c)(9) Equipment Name: Armalite, AR-50 .50 caliber rifle and ammunition Quantity Owned: Rifle – 1 Ammunition .50 BMG – 236 Lifespan: 10+ years Equipment Capabilities: The AR-50A1 rifle is a large caliber rifle that allows for specific uses by our SWAT Team. The capability of the large caliber allows for the penetration of ballistic, steel armor in a critical incident. Manufacturer Product Description: The AR-50A1 is a single shot bolt action rifle chambered for the powerful .50 BMG cartridge. The rifle features a unique octagonal receiver and utilizes ArmaLite's proprietary V-Channel chassis. Designed for the challenges of long-range shooting, the AR-50A1 is exceptionally accurate with a highly effective muzzle brake. Purpose/Authorized Uses: Use of the .50 caliber Sniper Rifle per Redding Police Policy 404: a. SWAT members must obtain SWAT Commander approval prior to training with the .50 rifle. Training must be at sites approved by the SWAT Commander. b. The rifle should only be deployed during a crisis with SWAT Commander approval unless exigent circumstances justify an immediate deployment. c. Only trained officers may deploy the rifle. Fiscal Impacts: No cost. Rifle was obtained in 2010 – citizen forfeiture and retained per 34005(b) PC. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force, SWAT, and Firearms. Training Required: Training and qualification with the rifle will be the responsibility of the SWAT Commander. Only those SWAT members that have trained/qualified will deploy the rifle, when necessary. Other: This rifle is assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: Stag Arms AR-15 .223 rifle and ammunition Quantity Owned: 2 Lifespan: 10+ years Equipment Capabilities: The Stag Arms AR-15 rifle is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The Stag Arms AR-15 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. Fiscal Impacts: None. Obtained in 2013 through evidence retention per 34005(b) PC. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Other: These specific rifles are assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: DRMO AR-15 Carbine .223 rifle Quantity Owned: 57 Lifespan: 10+ years Equipment Capabilities: The AR-15 carbine rifle is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The Carbine Rifle AR-15 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. Fiscal Impacts: None. Obtained through the Defense Reutilization Marketing Office (DRMO) program. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Other: These rifles are assigned to Redding Police Department officers assigned to patrol and detectives. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: PWS MK1 .223 rifle Quantity Owned: 18 Lifespan: 10 years Equipment Capabilities: The PWS MK1 rifle is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The PWS MK1 is a magazine fed, gas/piston operated rifle available in .223 caliber and fires from a rotating locking closed bolt. Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. Fiscal Impacts: $1,250 per rifle. Department budget purchase in 2018. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Other: These specific rifles are assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: Bushmaster XM15-E25 .223 rifle Quantity Owned: 5 Lifespan: 10+ years Equipment Capabilities: The Bushmaster XM15-E25 rifle is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The Bushmaster XM15-E25 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. Fiscal Impacts: Approximately $900 per rifle for original purchase from Department Budget. No fiscal impact in future. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Other: These specific rifles are assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: CMMG AR-10 carbine rifle Quantity Owned: 1 Lifespan: 10+ years Equipment Capabilities: The CMMG AR-10 carbine rifle is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The CMMG AR-10 carbine is a magazine fed, inertia/recoil operated rifle available in .308 caliber and fires from a closed chamber. Purpose/Authorized Uses: This rifle is specifically assigned to the SWAT Team and may be deployed in any circumstance within Redding Police Department Policies on Use of Force, SWAT, and Firearms. Fiscal Impacts: No cost. Rifle was obtained in 2016 – evidence firearm and retained per 34005(b) PC. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Training and qualification with the rifle will be the responsibility of the SWAT Commander. Only those SWAT members that have trained/qualified will deploy the rifle, when necessary. Other: This specific rifle is assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: H&K MP-5 Submachine Gun 9mm Quantity Owned: 1 Lifespan: 10+ years Equipment Capabilities: The H&K MP-5 is a select fire submachine gun utilized by the Redding Police SWAT Team in the 1990’s and early 2000’s, prior to the move to the AR platform. The firearm is not deployed by the SWAT Team. Manufacturer Product Description: The H&K MP-5 Carbine is a magazine fed, gas operated submachine gun available in 9mm caliber and fires from a closed chamber. Purpose/Authorized Uses: This rifle is specifically assigned to the SWAT Team and may be deployed in any circumstance within Redding Police Department Policies on Use of Force, SWAT, and Firearms. Fiscal Impacts: Purchase with Department funds in 1990’s for SWAT. No fiscal impacts. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Training and qualification with the rifle will be the responsibility of the SWAT Commander. Only those SWAT members that have trained/qualified will deploy the rifle, when necessary. Other: This specific rifle is assigned to Redding Police Department SWAT Team. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: Loyal 9 Manufacturing M4-EX03 Quantity Owned: 60 Lifespan: 10+ years Equipment Capabilities: The Loyal 9 M4-EX03 is a semi-automatic rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: The Loyal 9 M4-EX03 is a magazine fed, gas operated rifle available in .223 caliber and fires from a rotating locking closed bolt. Purpose/Authorized Uses: Officers may deploy the rifle in any circumstance within Redding Police Department Policies on Use of Force and Firearms. Fiscal Impacts: Purchased on April 4, 2022 with Department budget, approved by council on March 15, 2022. Cost - $83,976.75. No fiscal impact in future. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Other: These rifles will replace the patrol rifles obtained with the Defense Reutilization Marketing Office (DRMO) program. The 57 DRMO rifles will be returned and no longer used by our Department. Section 10 - Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. CA Gov’t Code § 7070 (c)(10) Equipment Name: Ammunition .223 and .308 Caliber Quantity Owned: Caliber: .223 Brand / Grain: Federal / 55 Quantity: 10,720 Caliber: .223 Brand / Grain: Hornady / 55 Tap Urban Quantity: 380 Caliber: .223 Brand / Grain: Hornady / 55 FMJ Training Quantity: 6,200 Caliber: .223 Brand / Grain: Federal / 55 Frangible Quantity: 100 Caliber: .308 Brand / Grain: Federal Tactical / 168 Quantity: 1,300 Caliber: .308 Brand / Grain: Federal Bonded / 168 Quantity: 460 Lifespan: 10+ years Equipment Capabilities: Ammunition used for the AR-15 style carbine rifle defined in sections 30510 and 30515 of the Penal Code. Manufacturer Product Description: Federal American Eagle Ammunition is designed specifically for target shooting, training and practice. This ammo is loaded to the same specifications as Federal's Premium loads, but at a more practical price for economical practicing. This ammunition is new production in reloadable brass cases. Hornady TAP Urban .223 duty ammunition features a 55 grain match grade, polymer tipped, fragmenting bullet. The cartridge offers high velocity and performance similar to that of other polymer tipped Hornady .223 bullets. The cartridge has a match grade brass composite shell casing and a small rifle, staked primer pocket. Federal Premium Law Enforcement BallistiClean .223 Remington 55 grain Frangible RHT Lead-Free 20/Box features a lead-free, Reduced Hazard Training (RHT) frangible bullet, built for high volume, close quarters tactical training. The frangible bullet does not expand and is made to break apart into small fragments on impact with hard targets, greatly reducing ricochet. This ammunition is new production, non-corrosive, boxer primed, in reloadable brass cases. Custom made for your Urban Rifle, Tactical® TRU® was specifically designed for use in semi-automatic rifles or "Urban Rifles," such as variants of the M-16 or AR-15. TRU bullets are specifically engineered, ranging from fragmenting designs for tactical entry to deeper penetrating bullets for patrol. This is particularly important in today's urban settings. Federal Cartridge .308 Win Tactical Bonded Tip 168 Grain Duty Ammunition is made exclusively for law enforcement and achieves accuracy and terminal performance unmatched by any other ammunition. Designed to defeat the toughest barriers with minimal deflection, Tactical Bonded Tip ammo has quickly become the choice for some of the most intense conditions. Purpose/Authorized Uses: Ammunition used for the AR-15 style carbine rifle defined in sections 30510 and 30515 of the Penal Code. Fiscal Impacts: $10,000 annually. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Redding Police Department Policies on Use of Force and Firearms. Training Required: Ammunition used for the AR-15 style carbine rifle defined in sections 30510 and 30515 of the Penal Code. Other: None. Section 12 - “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. CA Gov’t Code § 7070 (c)(12) Equipment Name: CS Gas systems Quantity Owned: Deftech Spede Heat CS – 18 Deftech 40mm Ferret Round CS – 2 Deftech 12-gauge Ferret Round CS – 70 CTS 5230B Launchable CS – 38 CTS 5230 Non-Launchable CS – 15 CTS 5230JL – 12 CLEAROUT Tear Gas Grenade – (5) 2 oz. and (3) 6 oz. Deftech 40mm Launcher – 1 Remington 870 Launcher – 4 Lifespan: 5 years on CS gas 10+ years on launchers Equipment Capabilities: The use of CS gas causes mucous membranes and exposed skin to become inflamed resulting in a burning sensation. It provides a temporary respiratory effect and induces discomfort on exposed skin. Manufacturer Product Description: The Spede-Heat™ CS/Kinetic: a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. The Ferret® 40mm and 12-gauge round: 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 chemical payload inside of a structure or vehicle. In a tactical deployment situation, the Ferret is primarily 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 subjects. CTS 5230B CS Baffled Canister: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Launchable. CTS 5230 CS Canister: Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched. Discharge duration can reach up to 40 seconds. CTS 5230JL CS Canister: A large diameter burning grenade designed to discharge a high volume of smoke and chemical agent rapidly through multiple emission ports. The smoke composition is formulated to burn rapidly decreasing the possibility that the grenade can be picked up and thrown back at crowd management officers. The Jet-Lite should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Deftech 40mm Launcher - The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. CLEAROUT grenade - delivers enough CS to reach incapacitating level established by military tests to an area of 23,000 cubic feet (1,700 cubic meters) with an equal amount of OC. Recent tests of OC alone have established its effectiveness though no incapacitating concentration has been determined. Shotgun Launcher - Starting with a receiver machined from an 8 ½ – pound billet of steel might not be the easiest way to build a shotgun, but the end result is well worth the extra effort. No other pump shotgun can match the Model 870's strength and smooth, effortless operation. Its legendary reliability is the heart of its popularity, as evidenced by the more than 13 million outdoorsmen, law enforcement officers, competitive shooters and home defenders who have chosen the never-say-die pump gun since its introduction in 1950. That same reliability has made the Model 870 one of the most adaptable shotgun designs ever, and the best-selling shotgun of all time. Purpose/Authorized Uses: Utilized during confrontations with violent or potentially violent suspects as a less lethal option to assist with the dispersal of violent crowds and/or arrest of suspects. Fiscal Impacts: Approximately $5,000 annually. Legal/Procedural Rules Governing Use: The use of this equipment is governed by Redding Police Department Policy 407.7.2(b). Training Required: Specialized training as deemed by the SWAT Commander and CA POST certified Department chemical agent instructors. Other: Recognizing that the missions of the SWAT Team are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SWAT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SWAT operation. The SWAT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment. Section 12 - “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. CA Gov’t Code § 7070 (c)(12) Equipment Name: CTS and DTS Diversionary Device Quantity Owned/Sought: CTS Mini Diversionary Device – 74 CTS Low Roll Device - 12 CTS Training Diversionary Device Fuse – 79 Lifespan: 5 years Equipment Capabilities: The use of this device is to create a light/sound diversion during critical incidents. The device utilizes a loud bang and emits a bright light made to disorient the suspect(s). Manufacturer Product Description: The diversionary device utilizes a M201A1 type fuse with a single use aluminum body. This compact unit is designed around a 6.5-gram water resistant charge, capable of producing an effective, yet reduced 162dB stimuli. Its size and shape are industry familiar and allow it to fit in standard tactical pouches. The device should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom ports are obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest. Purpose/Authorized Uses: Used during critical incidents as a diversionary device to disorient and illuminate suspects. Fiscal Impacts: Department budget – approximately $700 annually. Legal/Procedural Rules Governing Use: The use of flashbangs is governed by Redding Police Department Policy 404. Training Required: Specialized training as deemed by the SWAT Commander and CA POST certified Department Diversionary Device Instructors. Other: Recognizing that the missions of the SWAT Team are performed in a hazardous environment, and recognizing that the safety of innocent persons, officers, and suspects is often jeopardized by the hazardous conditions, it shall be the intent of SWAT to utilize special equipment in an attempt to lessen the risk of injury or death to all involved during the performance of a SWAT operation. The SWAT Commander will ensure that only those team members properly trained and certified in the use of the special equipment will utilize the equipment. Section 14 - The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. CA Gov’t Code § 7070 (c)(14) Equipment Name: Deftech 40 mm kinetic energy launcher and Deftech/CTS projectiles Quantity Owned: Deftech 40mm Launcher – 1 Deftech, eXact iMpact Sponge 40mm – 20 CTS-4557, Foam Baton 40mm - 41 Lifespan: 10 years Equipment Capabilities: This Department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. Department approved kinetic energy projectiles are fired from 40 mm launchers. Manufacturer Product Description: The 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. The eXact iMpact™ 40 mm Sponge Round is a point-of-aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant, and, therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications. The CTS-4557 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. Purpose/Authorized Uses: A sworn peace officer may utilize the Kinetic Energy Projectile in the discharge of his/her duties when other options have been exhausted, are ineffective, or are inappropriate during attempts to control or subdue combative or violent individuals and the use of deadly force can be forestalled. The Kinetic Energy Projectile shall be used with discretion and care in circumstances which permit the lawful use of lethal or less lethal force. Fiscal Impacts: $809.75 per 40mm launcher and $18.35 per 40mm projectile Legal/Procedural Rules Governing Use: The use of 40mm kinetic energy projectile is governed by Redding Police Department Policy 302. Training Required: The SWAT Commander shall ensure that all personnel who are authorized to carry a 40mm control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons instructor. All training and proficiency for control devices will be documented. Other: 40mm kinetic energy projectile launcher and projectiles are assigned to the Redding Police Department SWAT Team.