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HomeMy WebLinkAboutOrd 2028 1 ORDINANCE NO. 2028 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 as 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 ordinan ce 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 DocuSign Envelope ID: 4027046B-53E3-4982-8C7E-065F2CF2151C 2 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, the Burlingame Police Department prepared an Annual Report of military equipment used in 2023, and publicly released the Annual Report on its webpage 30 days prior to the Public Hearing; thereafter, on April 9, 2024, 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 2023 Annual Report and answering questions regarding the deployment of the Department’s military equipment; and WHEREAS, the City Council has reviewed the 2023 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 incorporated 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. DocuSign Envelope ID: 4027046B-53E3-4982-8C7E-065F2CF2151C 3 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, 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 see n 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. DocuSign Envelope ID: 4027046B-53E3-4982-8C7E-065F2CF2151C 4 Section 8. Codification This Ordinance shall not be codified in the Burlingame Municipal Code. ______________________ Donna Colson, Mayor 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 15th day of April 2024, and adopted thereafter at a regular meeting of the City Council held on the 6th day of May 2024, by the following votes: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ___________________________________ Meaghan Hassel - Shearer, City Clerk DocuSign Envelope ID: 4027046B-53E3-4982-8C7E-065F2CF2151C 5 EXHIBIT A DocuSign Envelope ID: 4027046B-53E3-4982-8C7E-065F2CF2151C 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.