ORDINANCE NO. 23-O-2884

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071

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, Government Code section 7071 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; and

   WHEREAS, on April 26, 2022, City Council adopted its military equipment use ordinance, Ordinance No. 22-O-2859, approving the Beverly Hills Police Department’s Military Equipment Use Policy (“Policy 706”) and Military Equipment Use Inventory; and

   WHEREAS, on April 18, 2023, City Council approved the Beverly Hills Police Department’s request to add additional items to the approved Military Equipment Use Inventory; specifically seven new drone models (for a total of 20 additional drones); and

   WHEREAS, on May 2, 2023, City Council authorized the Beverly Hills Police Department’s new Military Equipment Use Inventory (Ordinance No-23-O-2875) and renewed its military equipment ordinance, Ordinance No-23-O-2876); and

   WHEREAS, the Beverly Hills Police Department currently possesses equipment that qualifies under the definition of “military equipment” in 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 Beverly Hills Police Department seeks to add to its existing Military Equipment Use Inventory by permanently acquiring thirteen Brugger & Thomet (“B&T”) semi-automatic carbine firearms identified in the attached Beverly Hills Police Department Military Equipment Inventory (“Military Equipment Inventory”), for the purpose of protecting the safety of officers, residents and visitors in the City of Beverly Hills in high-risk situations.

   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 considered the adoption of this Ordinance at a regular, public meeting on November 7, 2023, 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 the Beverly Hills Police Department’s Military Equipment Inventory are necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety for the reasons identified in the Military Equipment Inventory; and

   B.   The military equipment identified in the Beverly Hills Police Department’s Military Equipment Inventory will safeguard the public’s welfare, safety, civil rights, and civil liberties for the reasons identified in the Military Equipment Inventory; and

   C.   The military equipment identified in the Beverly Hills Police Department’s Military Equipment Inventory are necessary because there are no cost effective alternatives; and

   D.   Prior military equipment use complied with Beverly Hills Police Department Policy 706, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

   Section 3.   Pursuant to Government Code Section 7071, the City Council hereby authorizes the Beverly Hills Police Department to acquire the thirteen B&T semi-automatic carbine firearms identified in the Beverly Hills Police Department’s Military Equipment Inventory, 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: November 21, 2023

Effective: December 22, 2023

 

		JULIAN A. GOLD, M.D. 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		NANCY HUNT-COFFEY City Manager

EXHIBIT A

BEVERLY HILLS POLICE DEPARTMENT - MILITARY EQUIPMENT INVENTORY