HomeMy WebLinkAboutCC ORD 2022-2496 Military Use PolicyORDINANCE NO. 2022 - 2496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING A MILITARY USE POLICY
CITY ATTORNEY SUMMARY
This Ordinance adds a Military Use Policy to the City of National City, California,
Municipal Code
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law
Assembly Bill 481, relating to the use of military equipment by law enforcement agencies;
and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070
through 7075, requires law enforcement agencies to obtain approval of the applicable
governing body, by an ordinance adopting a "military equipment" use policy, at a regular
meeting held pursuant to open meeting laws, prior to taking certain actions relating to the
funding, acquisition, or use of military equipment . The term "military equipment" is defined
in California Government Code Section 7070; and
WHEREAS, Assembly Bill 481 allows the governing body of a City to approve the
funding, acquisition, or use of military equipment within its jurisdiction only if it makes
specified determinations; and
WHEREAS, the proposed military equipment use policy is found within National City
Police Department Policy 706; and
WHEREAS, National City Police Department Policy 706 was published on the
National City Police Department's Internet website on January 27, 2022. The National City
Police Department Policy 706 was presented to City Council on March 1, 2022; and
WHEREAS, The National City Police Department Policy 706 meets the requirements
of California Government Code Section 7070, subdivision (d).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City,
California, does ordain as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Based on the findings above, in addition to information provided to the City
Council at the Public Meeting, the City Council determines as follows:
I. The military equipment identified in National City Police
Department Policy 706 is necessary, because there are no
reasonable alternatives that can achieve the same objectives
of officer and civilian safety.
Ordinance 2022 — 2496
Adopted 3-1 52022
2. National City Police Department Policy 706 will safeguard the
public's welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in National City Police
Department Policy 706 is reasonably cost effective compared
to available alternatives that can achieve the same objective
of officer and civilian safety.
4. National City Police Department Policy 706 is approved and
adopted.
SECTION 3. Sever&bilitv. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this Ordinance or any part thereof is
for any reason held to be unconstitutional, invalid, or ineffective by
any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance
or any part thereof. The City Council of the City of National City
hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
SECTION 4. No - , • - o Du o Care. This Ordinance is not intended to and
shall not be construed or given effect in a manner which imposes
upon the City, or any officer or employee thereof, a mandatory duty
of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 5. QQnfliQ1. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 6. Effective Date. This ordinance shall be published pursuant to law and
shall become effective thirty (30) days from the date of passage and
adoption. Within fifteen (15) days following its adoption, the City
Clerk shall publish the title thereof, as a summary as required by
State Law.
INTRODUCED by the City Council on March 1, 2022.
Ordinance 2022• 2496
Adopted 3-15-2022
2
PASSED and ADOPTED this 15th day of March, 2022.
ATTEST:
T:
Luz Molina, City
APPROVED AS TO FORM:
Charles E. Bell ,Jr., Cit ttorney
Ordinance 2022 — 2496
Adopted 3-15-2022
3
Alejandra Sotelo-Solis, Mayor
Passed and adopted by the Council of the City of National City, California, on March 15,
2022 by the following vote, to -wit:
Ayes: Sotelo-Solis, Bush, Morrison, Rios, Rodriguez
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
►lejandr Sotelo-Solis
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
Olt ekiticitL
eputy City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on March I , 2022 and on March 15, 2022.
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to theCouncil and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY FY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2022-2496 of the City Council of the City of National City, passed
and adopted by the Council of said City on March 15, 2022.
By:
City Clerk of
tl
puty City CI rk
California