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HomeMy WebLinkAboutOrd 2017 1 ORDINANCE NO. 2017 AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY; 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, Government Code Section 7070 provides a list of types of equipment 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, 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, on May 2, 2022, the City Council enacted Ordinance No. 2005, adopting a Military Equipment Use Police for the Burlingame Police Department, and approving use of the military equipment described in the Policy; 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 DocuSign Envelope ID: ACDFA675-E144-4C6D-ABDE-2CA330ED3AFE 2 compliance; and WHEREAS, the Burlingame Police Department prepared an Annual Report of military equipment used in 2022, and publicly released the Annual Report on its webpage on April 6, 2023; thereafter, on April 11, 2023, the Department held a well -publicized community meeting at the Burlingame Community Center which was open to the general public for the purpose of presenting the 2022 Annual Report and answering questions regarding the deployment of the Department’s military equipment; and WHEREAS, the City Council has reviewed the 2022 Annual Report, and at a regular meeting considered renewal of the ordinance authorizing use of military equipment; and WHEREAS, in order to comply with AB 481 and the California Government Code, the City Council wishes to renew the ordinance authorizing the continued use of military equipment; 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 i ncorporated herein by this reference as if fully set forth in their entirety. Section 2. Findings Pursuant to Government Code sections 7071(e)(1),(2), and (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 DocuSign Envelope ID: ACDFA675-E144-4C6D-ABDE-2CA330ED3AFE 3 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, renews the Burlingame Police Department Military Equipment Use Policy and use of the military equipment described therein. 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. _____________________ Michael Brownrigg, Mayor DocuSign Envelope ID: ACDFA675-E144-4C6D-ABDE-2CA330ED3AFE 4 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 17th day of April 2023 and adopted thereafter at a regular meeting of the City Council held on the 1st day of May, 2023, by the following votes: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ORTIZ ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk DocuSign Envelope ID: ACDFA675-E144-4C6D-ABDE-2CA330ED3AFE 5 EXHIBIT A DocuSign Envelope ID: ACDFA675-E144-4C6D-ABDE-2CA330ED3AFE 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. Burlingame Police Department Burlingame PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. Published with permission by Burlingame Police Department ***DRAFT***Military Equipment - 2 •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. Burlingame Police Department Burlingame PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. Published with permission by Burlingame Police Department ***DRAFT***Military Equipment - 3 708.5 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. Burlingame Police Department Burlingame PD Policy Manual Military Equipment Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. Published with permission by Burlingame Police Department ***DRAFT***Military Equipment - 4 708.7 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. 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. 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. 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. 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. 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 §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 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. 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. Equipment Category Make / Manufacturer Summary of how equipment was used and purpose of use Complaints received by BPD Result of any internal audits or violations of military equipment use policy Acquisition Costs Annual Costs Funding source for following calendar year Quantity possessed of each type of equipment If we intend to acquire additional military equipment in the next year, the quantity sought Colt AR15 $19,000.00 Operating Budget 19 N/A Colt M4 $7,000.00 Operating Budget 7 N/A Windham Weaponry AR15 SBR $4,000.00 Operating Budget 4 N/A .223 Caliber CCI Speer Duty Ammo $1.49 per round Operating Budget 13,000 rounds N/A ,223 Caliber Winchester Training ammo .43 per round Operating Budget 20,000 rounds N/A Penn Arms 12,000.00 Operating Budget 12 N/A Def-Tec $2,000.00 Operating Budget 2 N/A Less lethal foam-tipped projectiles $28.00 Operating Budget 40 rounds N/A FTC $2,000.00 Operating Budget 2 N/A Pepperball Live (contains PAVA powder) Duty rounds $2.77 per round Operating Budget 200 rounds N/A Pepperball inert Training rounds $1.16 per round Operating Budget 100 rounds N/A Equipment Category Make / Manufacturer Summary of how equipment was used and purpose of use Complaints received by BPD Result of any internal audits or violations of military equipment use policy Acquisition Costs Annual Costs Funding source for following calendar year Quantity possessed of each type of equipment If we intend to acquire additional military equipment in the next year, the quantity sought Matrice 210 Mavik II Enterprise Sky Hero Loki MkII Robotex Avatar II iRobot packbot 510 Recon robotics recon scout Braun Northwest mobile command vehicle Ford motor vehicle F53 motorhome command post COMBINED TACTIACL SYSTEMS, 7290- 2 FLASH-BANG COMBINED TACTICAL SYSTEMS, 7290M MINI FLASH-BANG DETONATING CORD BLASTING CAP REMINGTON 870 BREACHING SHOTGUN DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND CTS 7290M CTS 5230 CTS 6330 and 6340 CTS 5230B CTS 8210 2022 Annual Military Equipment Report (Burlingame Police Department) Rifles The purpose of the equipment is to address a threat with more precision and/or greater distances than a handgun, if present and feasible, and this is the manner in which it was deployed, including training. None None Annual maintenance is $25/rifle. Ammunition costs are typically $5,000/year We assess and monitor after any deployment or use of equipment to ensure the equipment is being utilized in a manner which is consistent with Burlingame Police Department Policy and there were no violations. Annual Cost Range from $500.00 to $1,00.00 40mm Less Lethal Launchers and Kinetic Energy Munitions Annual Cost range from $1,000 to $$2,000 2022 Equipment Owned/Possessed by NCR SWAT The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. This equipment was not used last year. Pepperball Launcher The Pepperball FTC Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. None NoneCommand and Control Vehicles Robots Used to remotely gain visual/audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search team, for official law enforcement purposes, including search and rescue; tactical operations; hazard monitoring, identification and mitigation; crisis communications; and legally authorized surveillance. None International Armor Group Sentinel Explosive Breaching Tools The purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement purposes and in accordance with State and Federal Law; and during training exercises. This equipment was not used last year. Chemical Agents The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. None We assess and monitor after any deployment or use of equipment to ensure the equipment is being utilized in a manner which is consistent with Burlingame Police Department Policy and there were no violations. None Used as a mobile command post during any incident that required command and control beyond a static dispatch center and included official law enforcement purposes, pre-planned events and training exercise. Distraction Devices Used to distract dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices were only used during high-risk situations where their use would enhance officer safety; and during training exercises. None Unmanned Aircraft System (UAS) Uses included search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance. None Armored Vehicles Used to provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents, and the equipment was used in this manner, for law enforcement purposes. None Long Range Acoustical Device Used issue dispersal orders during crowd and riot control situations or to address the public in civil emergencies, natural disasters, evacuations, and police incidents. In the last year, the equipment was deployed to give direction during high-risk situations. NoneLong Range Acoustical Device (LRAD)