Police Department Policy

709_-_Military_Equipment

Mountain View PD

Policy Text
Mountain View Police Department Mountain View PD Policy Manual Military Equipment 709.1 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). 709.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body – The elected or appointed body that oversees the Department. California Government Code Defined Military Equipment Categories – 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 c aliber, 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 2022/03/19, All Rights Reserved. Published with permission by Mountain View Police Department Military Equipment - 1 Policy 709 Mountain View Police Department Mountain View PD Policy Manual Military Equipment 709.2 POLICY It is the policy of the Mountain View Police Department (MVPD or Department) that members of this Department compl y with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR The Police Chief 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 Mountain View 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 Police Chief 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. 709.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Department. See attachment: 709.4 Military Equipment Inventory.pdf 709.5 APPROVAL The Police Chief 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 Police Chief 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): Copyright Lexipol, LLC 2022/03/19, All Rights Reserved. Published with permission by Mountain View Police Department Military Equipment - 2 Mountain View Police Department Mountain View PD Policy Manual Military Equipment (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,

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