Policy Text
Policy705Laguna Beach Police DepartmentLaguna Beach PD Policy ManualMilitary Equipment705.1 PURPOSE AND SCOPEThe 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).705.1.1 DEFINITIONSDefinitions related to this policy include (Government Code § 7070):Governing body – The elected or appointed body that oversees the Department.Military equipment – Includes but is not limited to the following:•Unmanned, remotely piloted, powered aerial or ground vehicles.•Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.•High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.•Tracked armored vehicles that provide ballistic protection to their occupants.•Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.•Weaponized aircraft, vessels, or vehicles of any kind.•Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.•Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.•Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.•Any firearm or firearm accessory that is designed to launch explosive projectiles.•Noise-flash diversionary devices and explosive breaching tools.•Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.•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.Copyright Lexipol, LLC 2024/08/19, All Rights Reserved.Published with permission by Laguna Beach Police DepartmentMilitary Equipment - 639
Laguna Beach Police DepartmentLaguna Beach PD Policy ManualMilitary Equipment705.2 POLICYIt is the policy of the Laguna Beach Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.705.3 MILITARY EQUIPMENT COORDINATORThe Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:(a)Acting as liaison to the governing body for matters related to the requirements of this policy.(b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.(c)Conducting an inventory of all military equipment at least annually.(d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Laguna Beach 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.705.4 MILITARY EQUIPMENT INVENTORYThe following constitutes a list of qualifying equipment for the Department:LBPD Military Equipment705.5 APPROVALThe 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.Copyright Lexipol, LLC 2024/08/19, All Rights Reserved.Published with permission by Laguna Beach Police DepartmentMilitary Equipment - 640
Laguna Beach Police DepartmentLaguna Beach PD Policy ManualMilitary Equipment(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.705.6 COORDINATION WITH OTHER JURISDICTIONSMilitary equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved