ORDINANCE NO. 22-O-2859
AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH ASSEMBLY BILL 481
 
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
 
   WHEREAS, on September 30, 2021, the State Legislature enacted Assembly Bill 481 (“AB 481”), adding sections 7070 et seq. to the Government Code, requiring law enforcement agencies to obtain approval from their governing body before acquiring military equipment, as defined by Government Code section 7070(c); and
 
   WHEREAS,    AB 481 requires law enforcement agencies to obtain approval from their 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. AB 481 also requires that in seeking the approval of the governing body, a law enforcement agency shall submit a proposed military equipment use policy to the governing body at a public meeting and at least 30 days prior to any such public meeting, the law enforcement agency shall make the military equipment use policy available on the law enforcement agency’s internet website; and
 
   WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of military equipment pursuant to Government Code section 7070(c), and wishes to continue to use such equipment in a responsible manner to ensure the safety of the community and its residents; and
 
   WHEREAS, the adoption of the proposed military equipment use policy is necessary in order to continue the use of such equipment for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills; and
 
   WHEREAS, in accordance with Government Code Section 7071(a)(2), a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, must commence the governing body approval process for the military equipment use policy no later than May 1, 2022; and
 
   WHEREAS, in accordance with Government Code Section 7071, the Beverly Hills Police Department has commenced the governing body approval process and has posted a copy of the proposed military equipment use policy on the Beverly Hills Police Department’s website on March 10, 2022. Said posting is more than 30 days prior to the April 12, 2022 City Council meeting.
 
   WHEREAS, Ordinance No. 22-O-2859 and the proposed military equipment use policy were presented and introduced to the City Council at the public meeting held on April 12, 2022, at which time the public had the opportunity to comment on Ordinance No. 22-O-2859 and the proposed military equipment use policy.
 
   NOW, THEREFORE,
 
   Section 1.   The City Council hereby finds that all of the facts set forth in the Recitals above are true and correct.
   
   Section 2.  Legislative Findings. Pursuant to Government Code Section 7071, the City Council commenced the governing body approval process prior to May 1, 2022 and considered the adoption of this Ordinance at a regular, public meeting on April 12, 2022, and based on the facts set forth above, the Agenda Report, the information provided to the City Council at the public meeting, and the record thereof which is incorporated by this reference, the City Council hereby determines and makes the following findings:
 
   A.   The military equipment identified in Beverly Hills Police Department Policy 706 is necessary because there is no reasonable alternative that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
 
   B.   The proposed military equipment use policy (Beverly Hills Police Department Policy 706) will safeguard the public’s welfare, safety, civil rights, and civil liberties for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
   
   C.   The military equipment identified in Beverly Hills Police Department Policy 706 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and non-officer safety for the reasons identified in the Beverly Hills Police Department Military Equipment Inventory; and
 
   D.   Prior to the adoption of Beverly Hills Police Department Policy 706, the Beverly Hills Police Department was not required to have and did not have a specific policy relating to the use of military equipment. Any improper use of Departmental equipment or alleged violations of Department policies were evaluated and reviewed with corrective action taken pursuant to Policy 1010 when appropriate. After the adoption of this Policy, the designated Military Equipment Coordinator will ensure future compliance with this Policy.
 
   Section 3.   Pursuant to Government Code Section 7071, the City Council hereby adopts the military equipment use policy entitled Beverly Hills Policy Department Policy 706 as set forth in the attached Exhibit A and incorporated by this reference.
 
   Section 4.   Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
 
Section 5.   Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
 
Section 6.   Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
 
Section 7.   Certification. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
 
Adopted: April 26, 2022
Effective: May 27, 2022
 
 
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
LAURENCE S. WIENER
City Attorney
GEORGE CHAVEZ
City Manager
 
EXHIBIT A
MILITARY EQUIPMENT USE POLICY
To view EXHIBIT A in PDF, click here.