8.70.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:
“City” means any department, agency, bureau, and/or subordinate division of the City of Sebastopol.
“City Council” means the governing body that is the Sebastopol City Council.
“Exigent circumstances” means a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of, death or serious physical injury to any person is occurring, has occurred, or is about to occur.
“Governing Body Specific Equipment Approval Policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of defined “military” equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the defined “military” equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of defined “military” equipment.
3. The fiscal impact of each type of defined “military” equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of defined “military” equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Governing Body Specific Approval Policy.
6. The mechanisms to ensure compliance with the Governing Body Specific Equipment Approval Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of defined “military” equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
“Military equipment” includes all of the following (per California Government Code Section 7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subsection.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subsection.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subsection.
8. Firearms of 0.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subsection.
9. Ammunition of 0.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subsection.
10. Specialized firearms and ammunition of less than 0.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than 0.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the long-range acoustic device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding subsections (1) through (15) of this definition, “military equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
“Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Sebastopol Police Department.
“State agency” means the law enforcement division of every State office, officer, department, division, bureau, board, and commission or other State body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
“Type” means each item that shares the same manufacturer model number. (Ord. 1139 § 3, 2022)