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HomeMy WebLinkAboutOrdinance 649 AB 481 Military Equipment Use PolicyORDINANCE NO. 649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING A MILITARY EQUIPMENT USE POLICY CONSISTENT WITH AB 481 REQUIREMENTS THE CITY COUNCIL City of Morro Bay, California WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a "military equipment" use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding acquisition, or use of military equipment. The term "military equipment" is defined in California Government Code section 7070; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of defined military equipment within its jurisdiction only if it makes specified determinations; and WHEREAS, The proposed military equipment use policy is found within Morro Bay Police Department Policy #707 (Exhibit "A") (Policy'); and WHEREAS, Morro Bay Police Department (proposed) Policy #707 was published on the Morro Bay Police Department s Internet website on March 11, 2022. The Morro Bay Police Department Policy was presented to City Council on April 12 ,2022, and WHEREAS, this ordinance and the Morro Bay Police Department Policy #707 (exhibit "A") and the Attachment "Morro Bay Police Department Military Equipment Inventory List" (exhibit `B") meets the requirements of California Government Code section 7070, subdivision (d) and 7071 subdivision (a) (1). WHEREAS, once adopted, the Policy will be made publicly available on the MBPD's website for as long as the covered military equipment is available for use; and WHEREAS, in accordance with AB 481, the Policy is being agendized as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and WHEREAS, this ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. Page 1 of 4 N OW, THEREFORE, the City Council of the City of Morro Bay does ordain as follows: S ECTION 1 DETERMINATIONS The foregoing recitals are true and correct and incorporated herein by this reference. Based on the foregoing recitals, in addition to information provided to the City Council at the public meeting to consider the same, the City Council determines as follows: 1. The military equipment identified in Morro Bay Police Policy #707 (and Attachment `Morro Bay Police Department Military Equipment Inventory List") is necessary,. because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. 2. Morro Bay Police Policy # 707 will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. The military equipment identified in Morro Bay Police Policy #707 (and attached `Military Equipment Inventory List") is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. The City did not previously have a prior military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. 5. The City Council, therefore, hereby approves and adopts the attached Morro Bay Police Military Equipment Use Policy #707 (exhibit "A") (and attached "Military Equipment Inventory List", exhibit "B") S ECTION 2 SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid. S ECTION 3. EFFECTIVE DATE This ordinance shall be in full force and effect thirty (30) days after its passage. // // // // Page 2 of 4 SECTION 4. CERTIFICATION The City Clerk shall certify as to the passage and adoption of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner required by law. INTRODUCED at a regular meeting of the City Council of Morro Bay, held on the 12th day of April 2022 by motion of Councilmember Heller, seconded by Mayor Headding. PASSED AND ADOPTED on the 26th day of April, 2022, by the following votes AYES Headding, Addis, Barton, Ford, Heller NOES: None ABSENT: None EST: ILAA-L A SWANSON, City Clerk APPROVED AS TO FORM: 1 ,iitts New/nip/A/ CHRISTOPHER F. NE MEYER ity Attorney • Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) CITY OF MORRO BAY ) I, Dana Swanson, City Clerk for the City of Morro Bay, California, do hereby certify that the foregoing Ordinance No. 649 was duly passed and adopted by the City Council of the City of Morro Bay at the regular meeting thereof, held on the 26th day of April 2022, by the following vote' AYES: Headding, Addis, Barton, Ford, Heller NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Morro Bay, California, this - day of r; l , 2022. Jtr"s ci--- NA SV' ANSON, City Clerk Page 4 of 4 Policy 707 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment 707.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, funding, use and reporting requirements of military equipment as the term is defined in Government Code § 7070 Government Code § 7071 and Government Code § 7072. This .policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 (2021-22). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707.1.1 PHILOSOPHY The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 707.1.2 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 and utilize a tracked system instead of wheels for forward motion.- • 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 and ammunition of less than.50 caliber.; Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 1 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment • • • • • • 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 R 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. 707.2 POLICY It is the policy of the Morro Bay Police Department that members of this department comply with the provisions of Government Code § 7070-7075 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the 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 Morro Bay Police Department (Government Code § 7071). (le; Regional S.W.A.T. Team) (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 military equipment. 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) 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. Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 2 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment 707.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department: * See Attachment of defined Military Equipment Inventory List. 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 Acquiring military equipment either permanently or temporarily, including by borrowing o r leasing. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department U sing any new or existing military equipment for a purpose, in a manner, or by a person n ot previously approved by the governing body. S oliciting 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 u se of military equipment. Acquiring military equipment through any means not provided above. 707.5.1 MILITARY EQUIPMENT USE CONSIDERATIONS 1. The military equipment acquired and authorized by the Department is: a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise. Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 3 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment 707.6 COORDINATION WITH OTHER JURISDICTIONS Military equipment used by any member of this agency shall be approved for use and in accordance with this Department policy. The Morro Bay Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT) team and works closely with other local, county, state and federal law enforcement partners in specific events which may include natural disasters, civil unrest, or high -risk criminal incidents. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of the Morro Bay community. Military equipment used by other agencies/jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective AB481 compliant and approved military equipment use policies in rendering mutual aid. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Morro Bay by other law enforcement partners. 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). 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. The annual military equipment report shall, at a minimum, include the following information: a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment including acquisition, personnel, training, transportation, maintenance storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e. The quantity possessed for each type of military equipment. f. If MBPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. 707.7 1 CATALOGING OF MILITARY USE EQUIPMENT All military use equipment kept and maintained by the Morro Bay Police Department shall be cataloged in a way which addresses each of the following requirements: Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 4 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment (a) The manufacturers description and/or general description of the equipment. (b) The capabilities of the equipment. (c) The purposes and authorized uses for which the Department proposes to use the equipment. (d) The expected Iifespan of the equipment. (e) The fiscal impact of the equipment, both initially and for on -going maintenance. (f) The quantity of the equipment, whether maintained or sought. (g) The legal and procedural rules that govern each authorized use. (h) The training including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer of this agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety civil rights and civil liberties and full adherence to the military equipment use policy. 707.7.2 COMPLIANCE (a) The Department Operations Commander will ensure that ail Department members comply with this policy. The Commander will conduct an annual audit with the assistance of the Training Division and Range Master. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Dept. Policy. All instances of non-compliance will be reported to City Council via the annual military equipment report. (b) Any member of the public can register a question or concern regarding military use equipment by contacting the Morro Bay Police Department via phone, email or in person. A response to the question or concern shall be completed by the Department in a timely manner. 3. Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received it should be routed to the Operations Commander in accordance with Dept. Policy #1012 (Personnel Complaints). (c) 707.7.3 FUNDING The Department shall seek council approval 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. 1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable. 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 Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 5 Morro Bay Police Department Morro Bay PD Policy Manual Military Equipment the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2022/03/11, All Rights Reserved. Published with permission by Morro Bay Police Department ***DRAFT*** Military Equipment - 6 `,fit 1 s \\��-s CITY OF MORRO BAY POLICE DEPARTMENT 850 Morro Bay Boulevard Morro Bay, CA 93442 MBPD Military Equipment Use Policy/Inventory List The Morro Bay Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. Regardless, California Assembly Bill No. 481 and Government Code §7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. California Government Code §7070 provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Morro Bay Police Department, or reasonably likely to be deployed in Morro Bay by other law enforcement partners. California Government Code §7070(d) describes a Military Equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following: 1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected Iifespan, and product descriptions from the manufacturer of the Military Equipment. 2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment. 3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy. 6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. 7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. California Government Code § 7070(c) defines Military Equipment as any of the following: 1. Unmanned, remotely piloted, powered aerial or ground vehicles. 2. Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. www.morrobayca.gov I (805) 772-6225 ( www.facebook.com/CityofMorroBay 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6. Weaponized aircraft, vessels, or vehicles of any kind. 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by o ne person, are specifically excluded from this subdivision. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. 9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. 10. Specialized firearms and ammunition of Tess than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or e mployees of a law enforcement agency or a state agency. 11. Any firearm or firearm accessory that is designed to launch explosive projectiles. 12. "Flashbang" grenades and explosive breaching tools, "tear gas,' and "pepper balls," excluding standard, service -issued handheld pepper spray. 13. Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device (LRAD). 14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. 15. Any other equipment as determined by a governing body or a state agency to require additional oversight 16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general e quipment not designated as prohibited or controlled by the federal Defense Logistics Agency. Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Morro Bay Police Department will submit to the Morro Bay City Council an Annual Military Equipment Report and will make that report publicly available on its Internet website. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment. 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment u se policy, and any actions taken in response. 4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The Morro Bay City Council will use the Annual Military Equipment Report as a mechanism to ensure the Morro Bay Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year. Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means: 1. Via email to: mbpdmedia@morrobavca.gov 2. Via phone call to: (805) 772-6284 3. Via mail sent to: Morro Bay Police Department Attn: Military Equipment Use Coordinator 850 Morro Bay Blvd. Morro Bay CA. 93442 The Morro Bay Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. The remainder of this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the Morro Bay Police Department. Section Two lists qualifying equipment that is not owned or regularly utilized by the Morro Bay Police Department, but which is known to be owned and/or utilized by certain law enforcement agencies/units with which the Morro Bay Police Department collaborates and/or participates for law enforcement purposes. Section One: Qualifying Equipment Owned/Utilized by the Morro Bay Police Department Equipment Type: Unmanned Aircraft Systems (UAS/Drones) - CA Gov't Code §7070(c)(1) Quantity Owned/Sought: 3 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses. Manufacturer Product Description: DJI Inspire: The DJI Inspire 1 is a powerful, quadcopter flight platform capable of capturing 4K video and transmitting an HD signal to multiple devices. It is equipped with retractable landing gear to allow capture of an unobstructed 360-degree view from its camera. The built-in camera has an integrated gimbal to maximize stability and weight efficiency while minimizing space. When no GPS signal is available or is lost, Vision Positioning technology provides hovering precision for maximum safety. The DJI Inspire 1 also has an attachable Zenmuse XT FLIR Longwave Thermal Imaging Camera System which provides high -sensitivity infrared imaging for enhanced performance during search and rescue operations, locating missing persons, assisting on fire responses and other emergency situations. The Inspire 1 weighs approx. 6.74 lbs. fully equipped, can reach speed of approx. 16 ft/s, and has an approx. 25-30 min. flight time. DJI Phantom 4: The DJI Phantom 4 Pro is an extremely smart sUAS flying camera with multi- directional collision avoidance technology made up of vision and infrared sensors, making it intelligently avoid obstacles during flight. Its camera system offers unprecedented image quality with greater clarity, lower noise, higher resolution photos and videos. Dual frequency support in the remote controller makes the HD video downlink more efficient and more stable. The Phantom 4 Pro features a more efficient propulsion system allowing a 4db (60%) operational noise reduction. The Phantom battery Sensing 2x 6x System, access accessories applications flight Mavic make optical FHD you time II zoom. to system Systems 4 Enterprise: help your enterprise aware Pro The you DJI aircraft weighs allows the and minutes signature capture of Mavic your M2E for and approx. II DJI surrounding spotlight, approx. capable complex Enterprise technologies Mavic with 1375g, a 25 II fully of shots your M2E Enterprise shooting has stabilized data. Beacon, such effortlessly. flight a max. 4k as features and time. speed Mavic password Additional M2E of omnidirectional gimbal and II flight approx. 12-megapixel protection speed camera 40mph of also the 44.7 with are Vision like helps photos has and Advanced purpose an the attachable an you Systems equivalent built and Intelligent that Pilot a in support and AirSense Assistance 24-48 Infrared secure various Flight mm to boasts min. airspace a videos Obstacle and 3-axis The lens comes Sensing Enterprise Speaker and that up features of like protect maintain built The maximum modular for 31 mph maximum Purpose/Authorized protecting Uses documentation response may include to lives emergency and tactical but property Uses: not UAS/Drones when limited communications other scene to: be utilized and and rescue; hazard resources legally to enhance suspect are the not apprehension; surveillance. Department's available identification or are crime effective. scene mitigation; of may search mission Tess means security; are operations; calls; and crisis monitoring, authorized Fiscal $20,000 operation, which maintenance initial funded costs and with training of SLESF equipment, is COPS estimated Grant licensing, to Funds. be software approximately Ongoing and cost training associated $5,000 per was approximately with year. UAS The was Impacts: images inadvertently Legal/Procedural constitutional UAS and residence, privacy. away potentially observers from of Reasonable any yard, such recording and shall location involves areas enclosure). Rules privacy adhere precautions Governing where or or privacy persons rights transmitting FAA a and considerations. person can during altitude Use: Federal include, would and images Any UAS use Aviation have Absent of of example, areas a a UAS Administration and a where warrant will take deactivating shall be there not reasonable in or expectation strict intentionally exigent is (FAA) a or accordance reasonable turning regulations. circumstances, precautions of privacy record imaging with expectation (e.g to avoid devices transmit , use operators of of the The or to Operators regulations observers for operations. reasonable shall Training License and Required: complete Prior all to training piloting required any UAS/Drone by our staff FAA COA. members must secure an FAA Remote Pilot Other Notes: None. Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov't Code §7070(c)(10) Quantity Owned/Sought 18 owned Lifespan: Approximately 15 years Equipment projectile Capabilities: bullet. The Aero Precision X15 semiautomatic rifle is capable of firing 5.56mm Manufacturer Product Description: The Aero Precision X15 rifle features the Atlas R-ONE 10.5" barrel, front and rear folding aluminum sights, Aimpoint Red Dot Laser sight system, Inforce WMLX Tactical light, Blue Force Vickers Sling system and Magpul Gen. 2 (30 rd.) magazine. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines 1. Situations for deploying where the the patrol officer rifle reasonably may include anticipates but are not an armed limited encounter. to: 2. range. 3. firepower. 4. or a 5. 6. When Situations When person When When with an an an authorized officer officer a officer where hostage. is an reasonably reasonably or faced officer requested with reasonably a believes believes situation by a supervisor that that expects that there a suspect the may require need may be a accurate to meet need be wearing to or fire and exceed on body effective a armor. a barricaded suspect's fire at long person may Fiscal ongoing Impacts: costs initial for cost of equipment will was and approximately maintenance is $18,000 conducted funded by departmental by SLESF COPS staff Grant. The armorer. certified vary The and/or ammunition Legal/Procedural use of force. Various Rules Morro Governing Bay Police Use: All Department applicable Policies State, on Federal Use of and Force Local and laws Firearms. governing police Training as well as Required: regular department Officers firearms successfully training complete and qualifications a CA POST certified as required 24-hour by law patrol and rifle policy. course must Other from this document this Notes: Military an Equipment rifles abundance are standard Use of Policy caution issue service per CA and Gov't in the weapons Code interest §7070 for of our transparency. (c)(10). officers and have therefore been exempted included in These in They Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions — CA Gov't Code §7070(c)(14) 12 Ga Less -Lethal Shotgun and bean bag munitions- CA Gov't Code §7070(c)(14) Pepperball Gas powered Launchers- CA Gov't Code §7070(c)(12) Quantity Owned/Sought. 40 mm Launchers (2) (back ordered). 12 Ga. Less -Lethal shotguns (5), Pepper ball gas powered launchers (2) Lifespan: Approximately 10-15 years Equipment Capabilities. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber, foam, pepper ball or bean bag projectiles, Smoke grenades and/or Gas. The Remington 12 GA. Less -Lethal shotgun can fire a bean bag munition. The Pepperball FTC launcher is capable of firing pepper balls. Manufacturer Product Description: 40mm Single Tube Launcher, DT-LMT 1425: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stock 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. 40mm Multi Tube Launcher, DT-LMT 1440: Designed for riot and tactical situations, the Defense Technology® 1440 40mm Tactical 4-Shot Launcher is low -profile and lightweight, providing multi -shot capability in an easy to carry launcher. It features the Rogers Super StOCTM expandable gun stock, an adjustable Picatinny mounted front grip, and a unique direct -drive system to advance the magazine cylinder. officers. Remington 870 launchers 12 GA. are Less -Lethal Tight weight, shotgun: versatile Pump and orange of 2.95 option. It situations. Ball used has lbs., launchers and action and is full the by operates used designated mechanical shotgun law most worldwide enforcement versatile pepper at distinctly 3000 manufactured ball psi by non yellow organizations as FTC police with -lethal less launcher front -lethal an in and by color accuracy Remington system corrections and worldwide. force is a available, high easy range options. sights Arms - of These for sport firearms shooting, FTC are Gas hunting distinctively powered and Launcher: self-defense with Pepper force solely operation, These Pepperball marked allowing capacity, approx. and identification an electronic officers 65 semi feet as -automatic and a to anti less/non-lethal deploy holds -jam launcher. approx. it loading in a wide use 180 feature. It range weighs rounds. of The are rear for These Purpose/Authorized Pepperball options. Launchers Uses and Kinetic 40mm Less Munitions Lethal Launchers, are intended 12 GA. for Less -Lethal use as a Tess shotguns lethal and use of force The Energy Fiscal COPS Remington Pepper SLESF ongoing Impacts: Grant COPS funds. 870 FTC Grant costs staff 40mm- 12 Gas funds. for initial initial a cost cost initial certified will of of this this vary cost armorer. of this equipment on was use/training) was approx. approx. was $3,000 $5,000 approx. and maintenance purchased (general $2,362 fund). is through conducted SLESF through by Ball Ga.- and/or Launcher- equipment equipment (based purchased The departmental munitions Legal/Procedural use of force. Various Rules Morro Governing Bay Police Use: All Department applicable Policies State, on Federal Use of and Force Local and laws Crowd governing Control. police Training Less qualifications -lethal Required: course as required and Officers specified must by complete Pepperball and policy. a department training as well approved/certified as regular firearms 40mm course, training and 12 GA. law Other Notes: None. Section Two: The following list of Qualifying Equipment may be owned and/or utilized by law enforcement units with which the Morro Bay Police Department collaborates and/or participates for law enforcement purposes to include but not limited to: SLO Regional SWAT SLO County Sheriff Dept., CHP, State Parks, Calif. Dept. of Fish and Wildlife. *(Not all agencies own/utilize each of these equipment items). Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov't Code §7070(c)(1) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 years Equipment information Capabilities: and intelligence Vehicles in the are capable form of video of being and still remotely images navigated to provide to first scene responders. transmitted Manufacturer without Product need/requirement Description/General of human Description• presence on Remote board. vehicle to be operated on the ground Purpose/Authorized first of, responders sending in with personnel. Uses the ability To enhance to capture the safety video of and potentially still images dangerous of hazardous situations areas prior by providing to, or in lieu Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence yard, enclosure). Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles. Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this equipment it could be used in Morro Bay by SLO Regional SWAT (or an allied agency) if they are requested/deployed to an incident within city limits. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov't Code §7070(c)(2) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs. Equipment armored protection Capabilities: Capable from gunfire. of transporting personnel and equipment while providing them with Manufacturer personnel vehicle Product utilized Description/General for law enforcement Description: purposes. Commercially produced wheeled armored Purpose/Authorized which there is reason Uses to expect To move potential armed and/or resistance resources requiring in support protection. of tactical operations in personnel Fiscal MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint. Impacts: Legal/Procedural determine reason to that expect there potential Rules is Governing a need armed to move resistance Use: The personnel MRAP requiring can and/or its be deployed resources protection. any into time areas tactical in which operators they have Training Required: prior to allowing San them Luis Obispo to drive Regional MRAP SWAT vehicles Team provides internal training for staff The members Other Team the operate they San Notes: (SLO Luis this requested/deployed Reg Obispo equipment SWAT). Morro Police This it Bay Department. could Police equipment to be an Department may While in Morro within be the participates owned Morro Bay city and by limits. Bay SLO in operated Police the Regional San Department by Luis SLO SWAT Obispo Regional (or does an Regional allied SWAT not own agency) SWAT through or if The used incident are Equipment §7070(c)(3) Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov't Code Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs. Equipment Capabilities: Capable of breaching doors gates, and other points of entry. Manufacturer Product Description/General Description: The breaching vehicle/apparatus is a mobile armored locations breaching to maximize system officer to allow and civilian safe and safety effective entry methods into high -risk or fortified Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural operators determine Rules that Governing it is necessary Use: Breaching to complete vehicles a lawful can breaching. be deployed For any a breaching time tactical to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training members Required: prior to allowing The San them Luis Obispo to drive Regional breaching SWAT vehicles. Team provides internal training for staff Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the operate San Luis this Obispo equipment Police it Department. could be used While in Morro the Morro Bay by Bay SLO Police Regional Department SWAT (or does an allied not own agency) or if they are requested/deployed to an incident within city limits. Equipment Gov't Code §7070(c)(7) Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Quantity Owned/Sought: None (outside owned) Lifespan: Estimate approx. 15 yrs. Equipment Capabilities: Capable of breaching doors gates, windows, and other points of entry. Manufacturer conduct an explosive Product breach Description/General to create an entry Description: or exit point Explosive during breaching a high -risk tools or tactical that are situation used to Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry. Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural deployed any time Rules tactical Governing operators Use: determine Breaching that apparatus it is necessary that are to explosive complete in a nature lawful can breaching be breaching For breaching to be lawful, it and non -explosive methods are not tactically practicable. a will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training Required The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus. Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or this it be in Morro Bay by SLO Regional SWAT (or an allied agency) if operate equipment could used they to incident limits. are requested/deployed an within city Equipment Gov't Code Type' §7070(c)(12) Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Quantity Owned/Sought: None (outside owned) Lifespan: Estimate 3-5 yrs. Equipment Capabilities: Capable of breaching doors, gates, windows and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical. Manufacturer Product Description/General Description: A distraction device is used to distract dangerous suspects during assaults, hostage rescues, room entry, or other high -risk arrest situations. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions and/or deploying tear gas or pepper chemicals. Fiscal Impacts: MBPD contributes approx. $6 000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant or exigent circumstances. Tear gas balls be deployed in with all applicable State, Federal and Local laws and governing pepper police can use only of force, crowd control, accordance etc. Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members (as required) prior to allowing them to use any of these items. Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team Reg SWAT). This be by SLO Regional SWAT through the operate San (SLO Luis this Obispo equipment Police it Department. could equipment be used may While in Morro the owned Morro Bay and by Bay SLO operated Police Regional Department SWAT (or does an allied not own agency) or if to incident limits. they are requested/deployed an within city Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov't Code §7070(c)(13) Quantity Owned/Sought: None (outside owned). Lifespan: Estimate approx. 20-25 yrs. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages loudspeakers the ears of over or people long megaphones. in distances. their path. LRAD Over systems shorter distances, produce much LRAD higher signals sound are loud levels enough (volume) to cause than normal pain in Manufacturer Product Description/General Description: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels loud enough (volume) to than cause normal pain in loudspeakers the ears of or people megaphones. in their path. Over shorter distances, LRAD signals are Purpose/Authorized Uses: Can be used to disperse unlawful crowds and/or to disrupt the activities of person(s) who represent an immediate threat to others. Fiscal Impacts: MBPD contributes approx. $6 000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural State, Federal and Rules Local Governing laws governing Use: LRADs police use can only of force, be deployed crowd control, in accordance etc. with all applicable Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items. Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This equipment may be owned and operated by SLO Regional SWAT through the San Luis Obispo Police Department. While the Morro Bay Police Department does not own or operate this it be in Morro Bay by SLO Regional SWAT if equipment could used (or an allied agency) they are requested/deployed to an incident within city limits. Equipment Type: Mobile Incident Command (MIC)- CA Gov't Code §7070(c)(5) Quantity Owned/Sought: None (outside owned) Lifespan: Estimate 10-15 yrs. Equipment incident, natural Capabilities: disaster, On etc. -site platform for command, control and communications during a critical Manufacturer Product Description/General Description: A mobile office that provides shelter, access to events. police department computer systems, radio communications, and restroom facilities on extended Purpose/Authorized Uses: Vehicle/trailer used as a main workspace and storage area to operate as mobile interior command and exterior center workspaces to support as management well as command of incidents and control and capabilities. planned events by providing Fiscal Impacts: MBPD contributes approx. $6,000 annually to SLO Regional SWAT for equip/maint. Legal/Procedural Rules Governing Use: Mobile Command Centers are deployed in accordance with all applicable State Federal and Local laws governing police emergency use during critical incidents, natural disasters, emergency management operations and planned events. Training Required: The San Luis Obispo Regional SWAT Team provides internal training for staff members to them to Command Center prior allowing utilize vehicles and equipment. Other Notes: The Morro Bay Police Department participates in the San Luis Obispo Regional SWAT Team (SLO Reg SWAT). This be by SLO Regional SWAT through equipment may owned and operated the San Luis this Obispo Police it Department. be While in Morro the Morro Bay by Bay SLO Police Regional Department SWAT does not own or if operate equipment could used (or an allied agency) they are requested/deployed to an incident within city limits.