HomeMy WebLinkAboutOrd 20051
ORDINANCE NO. 2005
AN ORDINANCE OF THE CITY OF BURLINGAME ADOPTING A
MILITARY EQUIPMENT USE POLICY AND ADDING THE POLICY
TO THE BURLINGAME POLICE DEPARTMENT POLICY MANUAL;
CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15378 AND 15061(b)(3)
WHEREAS, California Assembly Bill 481 (AB 481) became effective January 1,
2022, which requires law enforcement agencies to adopt a military equipment use policy
(“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of
military equipment as defined by the statute; and
WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency
can take action to request military equipment; seek funds (such as grants or in-kind donations)
for acquiring military equipment; actually acquire military equipment, either permanently or
temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies
to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing
military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a
proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for,
acquire, use, or collaborate in using military equipment; or to acquire military equipment through
any other means not specifically detailed in the statute; and;
WHEREAS, AB 481 provides that the Policy must be adopted by ordinance at a
regular meeting of the governing body, i.e., the City Council for the law enforcement
agency; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022,
the law enforcement agency must commence the process of adopting the Policy no later than
May 1, 2022; and
WHEREAS, pursuant to AB 481, this Ordinance shall be reviewed by the City Council
at least annually, and based on an annual military equipment report that must be submitted to
the City Council, the City Council shall determine whether each type of military equipment
identified in the report has complied with the standards for continued approval; if the City Council
cannot make such a determination, it shall either disapprove a renewal of the authorization for
that type of equipment, or require modifications to the Policy in a manner to resolve the lack of
compliance; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on
the Police Department’s website within 30 days of the public hearing by the City Council to adopt
the Policy; once adopted, the Policy will be made publicly available on the Police Department’s
website for as long as the covered military equipment is available for use; and
WHEREAS, Government Code Section 7070 provides a list of types of equipment
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that are to be considered military equipment for purposes of compliance with AB 481 and
the Government Code; and while the Burlingame 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, it does possess some types of equipment
that are listed in Section 7070; additionally, the Burlingame Police Department
participates in a regional S.W.A.T. team, which possesses and utilizes additional types of
equipment that qualify as military equipment according to the Government Code; and
WHEREAS, in order to comply with AB 481 and the California Government Code,
the City Council wishes to a by ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals
The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. Findings
Pursuant to Government Code section 7071(d)(1), as may be amended or
renumbered from time to time, the City Council hereby makes the following findings in
support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is
no reasonable alternative that can achieve the same objective of officer and
civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights,
and civil liberties.
C. If the Police Department purchases military equipment pursuant to the
Policy, the equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy
that was in effect at the time, or if prior uses did not comply with the
accompanying military equipment use policy, corrective action has been
taken to remedy nonconforming uses and ensure future compliance.
Section 3. Military Equipment Use Policy Adopted
In light of the findings set forth in Section 2, and in accordance with AB 481, the
City Council, as the Governing Body described in AB 481, adopts the Military Equipment
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Use Policy attached hereto as Exhibit A and incorporated in full herein.
Section 4. CEQA Determination
The City Council finds and determines this Ordinance is not a project within the
meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility of a significant effect on the environment.
Section 5. Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that
it would have adopted the Ordinance and each section, subsection, sentence, clause or
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. Effective Date
This Ordinance shall go into effect 30 days following its adoption.
Section 7. Publication The City Clerk is directed to publish this ordinance in a
manner required by law.
Section 8. Codification
This Ordinance shall not be codified in the Burlingame Municipal Code.
____________________
Ricardo Ortiz, Mayor
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I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on 18th
day of April 2022 and adopted thereafter at a regular meeting of the City Council held on
the 2nd day of May, 2022, by the following votes:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ATTEST: Meaghan Hassel-Shearer, City Clerk
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EXHIBIT A
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EXHIBIT A
Section One: Qualifying Equipment Owned/Utilized by the Burlingame Police Department
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code
§7070(c)(10)
Quantity Owned/Sought: 28 owned Lifespan: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine-fed, gas-
operated semi-automatic rifle. It is a semi-automatic version of the M16 rifle sold for the
civilian and law enforcement markets in the United States.
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 for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at
long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $34,000. The ongoing costs
for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame 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 Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully
automatic or semiautomatic. Rifles and Ammunition - CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 6 owned Lifespan: Approximately 15 years
Equipment Capabilities: M4 Select fire rifle is capable of firing 5.56mm projectile bullet
either fully automatic or semiautomatic.
Manufacturer Product Description: The Colt M4 is a lightweight, magazine-fed, gas-
operated fully automatic or semi-automatic rifle.
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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 for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at
long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $6,000. The ongoing costs
for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame 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 Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code
§7070(c)(10)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Windham Weaponry AR-15 is a lightweight,
magazine-fed, gas-operated semi-automatic rifle. It is a semi-automatic version of the M16
rifle sold for the civilian and law enforcement markets in the United States.
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 for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at
long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
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Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs
for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame 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 Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code
§7070(c)(10)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years
Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile
bullet.
Manufacturer Product Description: The Stagg Arms AR-15 is a lightweight, magazine-fed,
gas-operated semi-automatic rifle. It is a semi-automatic version of the M16 rifle sold for the
civilian and law enforcement markets in the United States.
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 for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at
long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs
for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame 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 Notes: These rifles are standard issue service weapons for our officers and therefor
exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They
have been included in this document in an abundance of caution and in the interest of
transparency.
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Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t
Code §7070(c)(14)
Quantity Owned/Sought: 12 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic
Energy Munitions, which are essentially rubber projectiles.
Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using
4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass
filled nylon. These launchers are light weight, versatile and used worldwide by police and
corrections officers. The 40MM launcher family of products is available in single-shot, spring-
advance multi, and pump-advance multi-versions.
Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $12,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame Police Department Policies on Use of
Force and Crowd Control.
Training Required: Officers must complete a department certified 40mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t
Code §7070(c)(14)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic
Energy Munitions, which are essentially rubber projectiles.
Manufacturer Product Description: Def-Tec 40MM launchers are manufactured using 4140
hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled
nylon. These launchers are light weight, versatile and used worldwide by police and
corrections officers. The 40MM launcher family of products is available in single-shot, spring-
advance multi, and pump-advance multi-versions.
Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame Police Department Policies on Use of
Force and Crowd Control.
Training Required: Officers must complete a department certified 40mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Name: Pepperball FTC Pepperball less lethal Pepperball launchers and
Pepperball munitions - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years
Equipment Capabilities: The FTC is a high-capacity, semi-automatic launcher that is perfect
for crowd management and mobile field force operations. Capable of deploying pepper
chemicals.
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Manufacturer Product Description: The FTC is a high-capacity, semi-automatic launcher
that is perfect for crowd management and mobile field force operations. Reliable and
accurate, it features a hopper that can hold up to 180 rounds, a flexible air source
configuration and a compact modular design.
• Compact, Lightweight Modular Design • Uses Standard .68 cal Round
Projectiles
• .68 caliber • 13ci High Pressure Air
System
• Feeds 20+ Projectiles Per Second with EL-2™ Hopper • No Recoil
• MIL-STD-1913 Rail Platform • Maximum range of 100ft • Cross-bold Safety
Purpose/Authorized Uses: The Pepperball FTC Less Lethal Launchers and Kinetic Energy
Munitions are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame Police Department Policies on Use of
Force and Crowd Control.
Training Required: Officers must complete a department certified Pepperball course as well
as regular training and qualifications as required by law and policy.
Other Notes: None.
Section Two: Qualifying equipment not already listed in this policy, which is known to be
owned and/or utilized by the North County Regional SWAT Team, for which the Burlingame
Police Department is a participating agency
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code
§7070(c)(1)
Quantity Owned/Sought: 2 Drones / 4 Robots
(Not owned by BPD)
Lifespan: Approximately 15 years
Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene
information and intelligence in the form of video and still images transmitted to first
responders.
Manufacturer Product Description: Unavailable as this equipment is not owned by the
Burlingame Police Department.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by
providing first responders with the ability to capture video and still images of hazardous areas
prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
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 North County Regional SWAT Team provides internal training for
staff members prior to allowing them to pilot these vehicles.
Other Notes: None.
Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code
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§7070(c)(2)
Quantity Owned/Sought: 1 (Not owned by BPD) Lifespan: Unknown
Equipment Capabilities: Capable of transporting personnel and equipment while providing
them with armored protection from gunfire.
Manufacturer Product Description: Unavailable as this equipment is not owned by the
Burlingame Police Department.
Purpose/Authorized Uses: To move personnel and/or resources in support of tactical
operations in which there is reason to expect potential armed resistance requiring protection.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical
operators determine that there is a need to move personnel and/or resources into areas in
which they have reason to expect potential armed resistance requiring its protection.
Training Required: The North County Regional SWAT Team provides internal training for
staff members prior to allowing them to drive MRAP vehicles.
Other Notes: None.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t
Code §7070(c)(3)
Quantity Owned/Sought: 1 (Not owned by BPD) Lifespan: Unknown.
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
Manufacturer Product Description: Unavailable as this equipment is not owned by the
Burlingame Police Department.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time
tactical operators determine that it is necessary to complete a lawful breaching. For a
breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or
exigent circumstances.
Training Required: The North County Regional SWAT Team provides internal training for
staff members prior to allowing them to drive breaching vehicles.
Other Notes: None.
Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in
nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: 0 (Not owned by BPD) Lifespan: Unknown.
Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of
entry.
Manufacturer Product Description: Unavailable as this equipment is not owned by the
Burlingame Police Department.
Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
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.
Training Required: The North County Regional SWAT Team provides internal training for
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staff members prior to allowing them to use explosive breaching apparatus.
Other Notes: None.
Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code
§7070(c)(10)
Quantity Owned/Sought: 60 (not owned by
BPD)
Lifespan: Approximately 15 years
Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber
projectile accurately at over 100 yards.
Manufacturer Product Description: The AR15 style firearm features M-LOK attachment
technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16-
inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-
length gas system provides smooth and reliable cycling under any condition and reduces both
perceived recoil and wear on moving parts. With the M-LOK attachment points that run along
7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the
sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP
Charging Handle accommodates left- and right-handed shooters. This rifle also comes with
the ergonomic Daniel Defense Buttstock and Pistol Grip.
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 for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at
long range.
3. Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded
person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws
governing police use of force. Various Burlingame Police Department Policies on Use of
Force and Firearms.
Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT
Operators must successfully complete a CA POST certified SWAT course as well as regular
SWAT training and qualifications as required by law and policy.
Other Notes: None.
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Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls
- CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 20 (Not owned by
BPD)
Lifespan: Unknown.
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: Unavailable as this equipment is not owned by the
Burlingame Police Department.
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: None. Equipment owned, maintained, and operated by another agency.
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 and pepper balls can only be deployed in accordance with
all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
Training Required: The North County Regional SWAT Team provides internal training for
staff members prior to allowing them to use any of these items.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13)
Quantity Owned/Sought: 1 (Not owned by BPD) Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to
send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals
are loud enough to cause pain in the ears of people in their path.
Manufacturer Product Description: Unavailable as this equipment is not owned by the
Burlingame Police Department.
Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice
and compliance times) and/or to disrupt the activities of person(s) who represent an
immediate threat to others.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with
all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
Training Required: The North County Regional SWAT Team provides internal training for
staff members prior to allowing them to use any of these items.
Other Notes: None.
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Policy
708
Burlingame Police Department
Burlingame PD Policy Manual
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.
Published with permission by Burlingame Police Department ***DRAFT***Military Equipment - 1
Military Equipment
708.1 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).
This policy is provided to fulfill the obligations set forth in Assembly Bill 481 (AB 481). 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, cataloguing and complaints.
It is the policy of the Burlingame Police Department (Department) that there are legally enforceable
safeguards, including transparency, oversight, and accountability measures in place to protect the
public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired,
or used.
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The Burlingame City Council
Law Enforcement Agency - The City of Burlingame Police 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.
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Burlingame PD Policy Manual
Military Equipment
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•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.
708.2 POLICY
It is the policy of the Burlingame Police Department that members of this department comply with
the provisions of Government Code § 7071 with respect to military equipment.
708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall 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 Burlingame 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.
708.4 MILITARY EQUIPMENT INVENTORY
A list of equipment currently held by the Department or in coordination with another local agency is
attached to this Policy as Exhibit "A" and incorporated into this Policy by reference. The inventory
list will be updated each year as part of the annual report required pursuant to AB 481.
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Burlingame PD Policy Manual
Military Equipment
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708.5 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.
708.6 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the
Police Department may acquire, borrow and/or use military equipment that is not included in this
policy.
If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in
accordance with this section, it must take all of the following actions:
•Provide written notice of that 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.
•If it is anticipated that the use will continue beyond the exigent circumstance, submit a
proposed amended policy to the City Council within 90 days following the borrowing,
acquisition and/or use, and receive approval, as applicable, from the City Council.
•Include the military equipment in the Department's next annual military equipment
report.
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Burlingame PD Policy Manual
Military Equipment
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708.7 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in
this jurisdiction unless the military equipment is approved for use in accordance with this policy.
708.8 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.
708.9 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.
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