HomeMy WebLinkAboutCC Ordinance 26-2348 - Adoption of Ordinance 26-2348 renewing Ordinance 2280 to approve the Military Use PolicyORDINANCE NO.26-2348
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
RENEWING THE MILITARY EQUIPMENT POLICY SET FORTH BY CHAPTER 8.44 OF
THE CAMPBELL MUNICIPAL CODE AS ADOPTED BY CAMPBELL ORDINANCE 2280
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 and renewed 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
equipmentas defined in AB 481, deems it to be in the best interest of the City to renew
the Military Equipment Policy as setforth herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
FURTHER ORDAIN AS FOLLOWS:
Section 1: The policy set forth in Chapter 8.44 of the Campbell Municipal Code as
previously adopted by Ordinance Number 2280 is hereby renewed without any
modifications or changes.
Section 2: The City Council finds thatthis 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 nota project which hasthe potential
for causing a significant effect on the environment.
SECTION 3: 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
Page 1 of 2
have passed this ordinance, and each section, subsection, sentence, clause and phrase
thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4: In interpreting this Ordinance orresolving anyambiguity, this Ordinance shall
be interpreted in a man n er th at effectively accomplishes its stated purpose.
SECTION 5: The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation within 15 days after its adoption in accordance with
Government Code Section 36933.
PASSED AND ADOPTED this 2nd day of June, 2026 by the following roll call vote:
AYES:
Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
ATTEST:
ZZ
Andrea Sangers, City Clerk
Page 2 of 2
PROVED:
Daniel E. Fu rtado, Mayor
ORDINANCE NO. 2280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL,
CALIFORNIA, ADDING CHAPTER 8.44 ENTITLED `CAB 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 80, 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 lave 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 700 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 inthe Policy iSreasonably cost effective compared
to available alternatives that can achieve the same objective ofofficer and
civilian safe|», if any;
(4) Prior military equipment use complied with the applicable equipment use
po|icy, which included equipment now defined as military equipment, that
was /Deffect atthe time, o[corrective action has been taken tOremedy any
nonconforming uses and ensure future compliance ofprior 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 Deportment's websihe for at
least 30 days prior tothe public hearing concerning the military equipment at issue.
(o) The Policy was considered by the City Council as an agenda item in on open
session of regular rneetinQ, noticed in accordance with the Ralph M. Brown /\ct,
at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department's vvebsitefor
as long asthe military equipment is avaiiab|efor use.
(e) The Police Department ah8|| submit an annual military equipment report tothe C|h/
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)-/4l@bove.
(f) The City Council shall review this ordinaDCe, and vote on whether to renew it, on
an annual basis at a regular nneeting, in accordance with Government Code
Section 7071(e)/2\.
(g) The C|h/ Council approves the use Of the Fzo|ioV and finds that it satisfies the
requirements of Government Code Section 7070(d)."
SECTION 2: To the extent the terms and provisions ofthis Ordinance may beinconsistent
or in conflict with the terms or conditions of any prior City ordinenoe, rnobon, nemo|ution,
rule or regulation governing the same subject, the terms of this {}ndin@nms shall prevail
with respect to the subject matter thereof.
SECTION 3:lhe City Council finds that this ordinance i9exempt from the requirements
of the California Environmental []Ua|it« /\ot (CE[A) pursuant to Title 14 of the California
Code ofRegulations, Section 15061(b)/3)iDthat itisnot aproject which has the potential
for causing 8 significant effect on the environment.
SECTION 4: If any seo1OD. Qubsection, oeDteDC8. clause Or phrase of this ordinance is
for any reason held tObeinvalid, such decision Ordecisions shall not affect the validity of
the remaining portions mfthis ordinance. The City Council hereby declares that itwould
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
Paul Resnikoff, Mayor"
ATTEST
Dusty Christopherson, City Clerk
Campbell Police Department
Campbell PD Policy Manual
Military Equipment
709.1 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).
709.1.1 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 vehicle-- 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, LLC 2026/04/08, All Rights Reserved. Military Equipment - 1
Published with permission by Campbell Police Department
Campbell Police Department
Campbell PD Policy Manual
Military Equipment
709.2 POLICY
It is the policy of the Campbell Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
709.3 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 [hat may use military equipment within the
jurisdiction of Campbell 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.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See Attachment: Campbell Police Department AB481 Military Equipment Inventory.pdf
709.5 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):
Copyright Lexipol, LLC 2026/04/08, All Rights Reserved, Military Equipment - 2
Published with permission by Campbell Police Department
Campbell Police Department
Campbell PD Policy Manual
Military Equipment
(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.
709.6 COORDINATION WITH OTHER JURISDICTIONS
The Campbell Police Department works closely with local, county, state, and federal partners. In
exigent circumstances, and with the approval of the Chief of Police or designee, military equipment
may be deployed from outside entities to promote the safety and security of community members.
If the Police Department acquires, borrows, or uses military equipment in exigent circumstances,
it will provide written notification of the acquisition or use to the City Council within 30 days
following the commencement of such exigent circumstance, unless such information is confidential
or privileged under local, state or federal law.
709.7 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).
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.
709.8 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.
Copyright Lexipol, LLC 2026/04/08, All Rights Reserved. Military Equipment - 3
Published with permission by Campbell Police Department