CC Ordinance 2280 - AB 481 Military EquipmentORDINANCE NO. 2280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL,
CALIFORNIA, ADDING CHAPTER 8.44 ENTITLED "AB 481 MILITARY EQUIPMENT"
TO "THE MUNICIPAL CODE OF THE CITY OF CAMPBELL, CALIFORNIA" IN
COMPLIANCE WITH ASSEMBLY BILL 481
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES ORDAIN AS FOLLOWS:
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly
Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military
equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for
meaningful public input on decisions regarding whether and how military equipment is
funded, acquired, or used;
WHEREAS, the Campbell Police Department is in possession of certain items of
equipment that qualify as "military equipment" under AB 481;
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such
qualifying equipment prepare a publicly released, written, military equipment use policy
document covering the inventory, description, purpose, use, acquisition, maintenance,
fiscal impacts, procedures, training, oversight, and complaint process, applicable to the
Department's use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing
body by ordinance, and reviewed annually; and
WHEREAS, the City Council of the City of Campbell, having received the information
required under AB 481 regarding the Campbell Police Department's use of military
equipment as defined in AB 481, deems it to be in the best interest of the City to approve
the Military Equipment Policy as set forth herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
FURTHER ORDAIN AS FOLLOWS:
SECTION 1: That a new Chapter 8.44 (entitled "AB 481 Military Equipment") is added to
Title 8 (entitled "PUBLIC, PEACE, SAFETY AND MORALS") of "The Municipal Code the
City of Campbell, California" to read as follows:
"8.44.010 Military Equipment Policy.
(a) The City Council hereby adopts the Military Equipment Use Policy ("Policy") set
forth in Campbell Police Department Policy 709 after having made the following
determinations:
(1) The military equipment inventoried and presented in the Policy is necessary
because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety;
(2) The proposed Policy will safeguard the public's welfare, safety, civil rights,
and civil liberties;
(3) The equipment identified in the Policy is reasonably cost effective compared
to available alternatives that can achieve the same objective of officer and
civilian safety, if any;
(4) Prior military equipment use complied with the applicable equipment use
policy, which included equipment now defined as military equipment, that
was in effect at the time, or corrective action has been taken to remedy any
nonconforming uses and ensure future compliance of prior uses that did not
comply with the accompanying Policy.
(b) The Police Department has submitted a proposed Policy to the City Council and
has made those documents available on the Police Department's website for at
least 30 days prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the City Council as an agenda item in an open
session of a regular meeting, noticed in accordance with the Ralph M. Brown Act,
at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department's website for
as long as the military equipment is available for use.
(e) The Police Department shall submit an annual military equipment report to the City
Council, containing the information required in Government Code Section 7072,
and the City Council shall determine whether each type of military equipment
identified in that report has complied with the standards for approval set forth in
(a)(1)-(4) above.
(f) The City Council shall review this ordinance, and vote on whether to renew it, on
an annual basis at a regular meeting, in accordance with Government Code
Section 7071(e)(2).
(g) The City Council approves the use of the Policy and finds that it satisfies the
requirements of Government Code Section 7070(d)."
SECTION 2: To the extent the terms and provisions of this Ordinance may be inconsistent
or in conflict with the terms or conditions of any prior City ordinance, motion, resolution,
rule or regulation governing the same subject, the terms of this Ordinance shall prevail
with respect to the subject matter thereof.
SECTION 3: The City Council finds that this ordinance is exempt from the requirements
of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California
Code of Regulations, Section 15061 (b)(3) in that it is not a project which has the potential
for causing a significant effect on the environment.
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision or decisions shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each section, subsection, sentence, clause and phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION 5: In interpreting this Ordinance or resolving any ambiguity, this Ordinance
shall be interpreted in a manner that effectively accomplishes its stated purpose.
SECTION 6: A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the office of the City Clerk at least five (5)
days prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same,
in The Metro, a newspaper of general circulation published and circulated in the City of
Campbell, Santa Clara County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk a certified copy of the full text of this Ordinance, along with the names of those
Councilmembers voting for or against the Ordinance.
PASSED AND ADOPTED this 3rd day of May, 2022 by the following roll call vote
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Dusty Christopherson, City Clerk