HomeMy WebLinkAboutOrd. No 2677 - Uncodified Ord. Adopting Guidelines for Military Equip.111.14 t i^ 1
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, Government Code section 7071 further provides that the military equipment use
policy must be made publicly available on the law enforcement agency's internet website for
no less than 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 for renewal any such ordinance at least annually with consideration of the
annual military equipment report submitted pursuant to Government Code section 7072; and
WHEREAS, Redding Police Department Policy 707 was published on the Redding Police
Department's public 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 Policy Department Policy was approved, adopted and found to meet all requirements
under the law; and
WHEREAS, Redding Police Department Policy 707 was revised to reflect current legislative
changes, published on the Redding Police Department's public website on May 7, 2025, and
provided to City Council on May 20, 2025; and
WHEREAS, the current proposed military equipment use policy for the Redding Police
Department 707 is attached and incorporated herein;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS-
5ggliQu 1. Determinations and Orders.
1. Redding Police Department Policy 707 meets the requirements of subdivision (d) of
Government Code section 7071 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. The current version of Redding Police Department Policy 707, attached hereto and
incorporated herein by reference, is approved and adopted.
1 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.
&gJigL1 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.
&gfign 3. The City of Redding finds that this Ordinance is not a "project"
according to the definition set forth in the California Environmental Quality Act
("CEQA"), and, pursuant to CEQA Guidelines sections 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 question 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 Redding at a regular meeting on the 20th day of May, 2025, and
was duly read and adopted at a regular meeting on the 3rd day of June, 2025, by the
following vote:
AYES- COUNCIL MEMBERS- - Audette, Dhanuka, Littau, Resner, and Munns
NOES- COUNCIL MEMBERS- - None
ABSENT: COUNCIL MEMBERS: - None
ABSTAIN- COUNCIL MEMBERS- - None
TIPTON, City Clerk
DATE ATTESTED )2025
oil, Or
0 110 1 KNOW 9 L of
Redding Police Departmen)
RPD Policy Manual
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.
• Area denial electroshock devices, microwave weapons, water cannons, long-range
acoustic devices (LRADs), acoustic hailing devices, and sound cannons.
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require
additional oversight.
Copyright Lexipol, LLG 2025/05/07, All Rights Reserved, Military Equipment - I
Published with permission by Redding Police Department
MENIMM-TVIN "T 17TT#Tr7,77T9M-
RPD Policy Manual
Military Equipment
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
Copyright Lex1pol, LLC 2025105107, All Rights Reserved, Military Equipment - 2
Published with permission by Redding Police Department
RPD Policy Manual
Military Equipment
Kinetic Energy Weapons and Munitions
For the most recent inventory report, see the Redding Police Department
website at https://cityofredding.gov/government/departments/police/policies reference_library/
assembly_bill-481.php
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).
Copyright Lexipol, LLC 2025/06/07, All Rights Reserved, Military Equipment - 3
Published with permission by Redding Police Department
Redding Police Departme
RPD Policy Manual I
Military Equipment
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.
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.
Copyright Lexipol, LLC 2025/05/07, All Rights Reserved, Military Equipment - 4
Published with permission by Redding Police Department