AB 481 Ordinance4887-1373-6112 v1
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADOPTING A
MILITARY EQUIPMENT USE POLICY
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 prior to taking certain actions relating to the funding, acquisition, solicitation, or use of
military equipment; and
WHEREAS, Government Code section 7071 requires that the approval by the governing
body be by an ordinance adopting a military equipment use policy, at a regular meeting held
pursuant to open meeting laws; and
WHEREAS, Government Code section 7071(d)(1) 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 with respect to a military equipment use policy; and
WHEREAS, a draft of the Rohnert Park Department of Public Safety Policy 706 “Military
Equipment” was published on the Rohnert Park Department of Public Safety’s internet website,
and provided to the City Council at least 30 days prior to a public hearing held in accordance with
requirements of Government Code section 7071(b); and
WHEREAS, the Rohnert Park Department of Public Safety Policy 706 “Military
Equipment” meets the requirements of California Government Code section 7070(d); and
WHEREAS, the military equipment identified in the Rohnert Park Department of Public
Safety Policy 706 “Military Equipment” is necessary, because there are no reasonable alternatives
that can achieve the same objectives of officer and civilian safety; and
WHEREAS, Rohnert Park Department of Public Safety Policy 706 “Military Equipment”
will safeguard the public’s welfare, safety, civil rights, and civil liberties; and
WHEREAS, the military equipment identified in Rohnert Park Department of Public
Safety Policy 706 “Military Equipment” is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council of the City of Rohnert Park was presented with the annual
military equipment report by the Rohnert Park Department of Public Safety at its regular City
Council meeting of April 9, 2024, and has determined that use of each type of military equipment
identified in that report has complied with the military equipment use policy that was in effect at
the time;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Ordinance xxx
Page 2 of 2
OAK4887-1373-6112 v1
SECTION 2. Adoption of Policy. The Rohnert Park Department of Public Safety Policy
706 “Military Equipment” attached hereto and incorporated herein as Exhibit A is hereby approved
and adopted. The Policy set forth in Exhibit A supersedes and replaces the Policy 706 that was
approved by Ordinance 977 adopted at the City Council’s regular meeting on May 23, 2023.
SECTION 3. Reporting and Publication of Policy.
In accordance with Government Code section 7071(d)(2), the Director of the Department
of Public Safety shall cause the Policy 706 “Military Equipment” to be made publicly available
on the Department’s internet website for as long as military equipment is available for use. The
Department of Public Safety is directed to make available the reports and conduct the required
community engagement meeting required by Government Code section 7072(b) on an annual
basis.
SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordinance
to be published in the manner required by law.
SECTION 6. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a significant
effect on the environment.
This ordinance was introduced by the City Council of Rohnert Park at its meeting regularly
held on April 23, 2024 and adopted by the Council of the City of Rohnert Park on May 14, 2024,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ROHNERT PARK
___________________________
Susan H. Adams, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
Attachment: Exhibit A