HomeMy WebLinkAboutORD 56881
Ordinance No. 5688
Ordinance of the Council of the City of Palo Alto Renewing the Military
Equipment Use Policy in Compliance with Govt. Code Section 7070 et seq.
(2025-2026)
SECTION 1.
requires the City Council to approve a “Military Equipment Policy” in order to acquire, use,
et seq
City’s first Military Equipment Use Policy.
on the Department’s website
SECTION 2.
The proposed military equipment use policy will safeguard the public’s welfare,
SECTION 3.
Exhibit A
SECTION 4
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SECTION 5. The Council finds that adoption of this Ordinance is not a “project” within
the meaning of CEQA.
SECTION 6. This Ordinance shall be effective on the thirty-first date after the date of
its adoption. This Ordinance shall supersede Ordinance 5635, and any conflict shall be resolved
in favor of this Ordinance.
SECTION 7. This Ordinance shall be uncodified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Chief of Police
DECEMBER 8. 2025
JANUARY 12, 2026
BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
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Exhibit A
Palo Alto Police Department Military Equipment Use Policy
(Updated November 2025)
I.PURPOSE
This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481 as codified at
Govt. Code section 7070 et seq., and establishes guidelines for the acquisition, funding, use and
reporting of “military equipment”, as the term is defined in Government Code section 7070.
These obligations include but are not limited to seeking approval on specific items deemed, by
statute, to be military equipment and requirements related to compliance, annual reporting,
cataloging, and complaints regarding these items.
II.PROCEDURE
1. Governing Body – The City Council of the City of Palo Alto.
2. Military Equipment – Shall have the same meaning as defined by California Government
Code § 7070(c).
1. The Department shall obtain approval of the governing body prior to engaging in any of the
following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10
of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a
grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other
donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by
borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use
of military equipment within the territorial jurisdiction of the governing body.
e. Using any new or existing military equipment for a purpose, in a manner, or by a
person not previously approved by the governing body pursuant to general order
f. Soliciting or responding to a proposal for, or entering into an agreement with, any
other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use
of, military equipment.
g. Acquiring military equipment through any means not provided in a. through f.
2. In seeking the approval of the governing body, the Department shall comply with Gov. Code
§ 7071, which requires that the Department submit a proposed military equipment use policy,
or subsequent amendments, to the City Council and the public via the law enforcement
agency’s internet website at least 30 days prior to any public hearing concerning the military
equipment at issue.
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3. The governing body must be able to make the following findings in approving the Military
Equipment Use Policy as required by Gov. Code § 7071(d)(1) in order to use military equipment:
a.The military equipment is necessary because there is no reasonable alternative that can
achieve the same objective of officer and civilian safety.
b.The proposed military equipment use policy will safeguard the public’s welfare, safety,
civil rights, and civil liberties.
c.If purchasing the equipment, the equipment is reasonably cost effective compared to
available alternatives that can achieve the same objective of officer and civilian safety.
d.Prior military equipment use complied with the military equipment use policy that was
in effect at the time, 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.
C. MILITARY EQUIPMENT ANNUAL REPORT
The Department shall submit an annual military equipment report to the governing body that
addresses each type of military equipment possessed by the Department in compliance with
Gov. Code § 7072.
1. The Department shall also make each annual military equipment report publicly available on
its internet website for as long as the military equipment is available for use.
2. The annual military equipment report shall, at a minimum, include the following information
for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military
equipment.
c. The results of any internal audits, any information about violations of the military
equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition,
personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs,
and from what source funds will be provided for the military equipment in the calendar year
following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the Department intends to acquire additional military equipment in the next year,
the quantity sought for each type of military equipment.
The Department will document each use of military equipment and, via administrative review,
ensure compliance with this policy. Any instances of non -compliance will be reported to the
City Council via the annual military equipment report, and to the Independent Police Auditor
where appropriate.
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D. MILITARY EQUIPMENT USE POLICY COMPLAINTS AND CONCERNS
Pursuant to Gov. Code § 7070(d)(7), members of the public may register complaints or concerns
or submit questions by any of the following means:
1.
2.
3.
E. MILITARY EQUIPMENT TRAINING
F. MILITARY USE EQUIPMENT POLICY CONTENTS
equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil
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G. USE POLICY FOR SPECIFIC EQUIPMENT
Qualifying Equipment Owned/Utilized by the Department
Equipment Type: 37mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code
§7070(c)(14)
Quantity Owned/Sought: 30 owned Lifespan: Approximately 15 years
Equipment Capabilities: The 37MM Less Lethal Launcher is capable of firing 37MM Kinetic
Energy and Chemical Agent Munitions. Palo Alto PD only possesses “KO1” impact baton
rounds in its inventory.
Manufacturer Product Description: Sage Control Ordinance 37MM launchers are rugged,
reliable, and simple to operate less lethal launchers. These launchers are light weight,
versatile and used worldwide by police officers. The 37MM launcher family of products is
available in single-shot (“Ace”), double-shot (“Deuce”), or magazine fed configurations. Palo
Alto PD possesses the “Ace” and “Deuce” models.
Purpose/Authorized Uses: The 37MM Less Lethal Launchers and Kinetic Energy Munitions
are intended for use as a less lethal use of force option. Kinetic energy projectiles, when
used properly, are less likely to result in death or serious physical injury and can be used in an
attempt to de-escalate a potentially deadly situation.
Circumstances appropriate for deployment include, but are not limited to, situations in
which:
(a)The suspect is armed with a weapon and the tactical circumstances allow for the safe
application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others.
(c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other
dangerous projectiles at people and/or officers.
(d) There is probable cause to believe that the suspect has already committed a crime of
violence and is refusing to comply with lawful orders.
Fiscal Impacts: The initial cost of this equipment was approximately $27,000. The ongoing
costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force) and 308
(Control Devices and Techniques). Use will continue to be subject to an administrative Use of
Force review.
Training Required: Officers must complete a department certified 37mm course as well as
regular training and qualifications as required by law and policy.
Other Notes: None.
Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13)
Quantity Owned/Sought: 1 Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to
send messages over long distances. LRAD systems produce much higher sound levels
(volume) than normal loudspeakers or megaphones, and can be more narrowly directed.
Manufacturer Product Description: LRAD systems are a type of Acoustic Hailing Device (AHD)
used to send messages over long distances. LRAD systems produce much higher sound levels
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(volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are
loud enough to cause pain in the ears of people in their path.
Purpose/Authorized Uses: Primarily used to communicate, from a safe distance, with armed
and/or barricaded subjects, for the purpose of negotiation. Can also be used in furtherance
of search and rescue operations, and to communicate lawful dispersal orders.
Fiscal Impacts: The initial cost of this equipment was approximately $10,000. The ongoing
cost for maintenance will vary.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy § 414 (Hostage and Barricade
Incidents). Use will be subject to an administrative review.
Training Required: The Palo Alto Police Department provides internal training for staff
members prior to allowing them to use this equipment.
Other Notes: This equipment is maintained and operated by members of the Department’s
Crisis Negotiation Team (CNT).
Equipment Type: Diversionary Devices and Chemical Agents (tear gas) and pepper balls - CA
Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 108 Lifespan: 5 years
Equipment Capabilities: Capable of creating auditory/visual distractions, and/or deploying
tear gas or pepper chemical to distract potentially dangerous individuals.
Manufacturer Product Description:
The Palo Alto Police Department uses Diversionary Devices and Chemical Agents produced by
Defense Technology (DT) and Combined Tactical Systems (CTS). All Chemical Agents utilized
by PAPD contain CS (Orthochlorobenzalmalononitrile) or OC (Oleoresin Capsicum).
Diversionary Devices:
1.Mini-Bang (CTS-7290M)
a.The Model 7290M Flash-Bang exhibits all of the same attributes of its larger
counterpart but in a smaller and lighter package. Weighing in at just 15 ounces
the new 7290M is approximately 30% lighter than the 7290 but still has the
same 180db output of the 7290 and produces 6-8 million candela of light.
2.9-Bang (CTS-7290-9)
a.The Model 7290- Aluminum Body Flash Bang's patented multi-bangs feature
top and bottom non-fragmenting, minimal movement devices that perform
with high reliability incorporating CTS Superior fuze components with the
patented and US Army adopted Confidence Clip and pin shroud.
Chemical Agents:
1.CS 37mm Liquid Ferret Barricade Round (CTS-3330)
a.3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers
irritant agents into an adjacent room.
2.CS 37mm Liquid Ferret Barricade Round (DT-1162)
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a.The Ferret® 37 mm CS Round is a frangible projectile filled with chemical
agent. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers the .16 oz. agent payload inside a structure.
3.CTS 5230b Baffled CS
a.The design of the Baffled CS allows the contents to burn within an internal can
and external baffling, and disperse the agent safely with reduced risk of fire.
The grenade is designed primarily for indoor tactical situations to detect
and/or dislodge a barricaded subject. This grenade can be hand thrown or
launched from a fired delivery system.
4.CTS 5230 Riot CS
a.The CTS Riot CS is specifically designed for outdoor use. It discharges a high
volume of smoke and chemical agent through multiple emission ports. This
grenade can be hand thrown or launched from a fired delivery system.
Smoke:
1.CTS 5210 White Smoke
a.The CTS 5210 White Smoke Grenade is designed specifically to conceal tactical
movement or to route a crowd. The volume of non-irritant smoke and agent is
vast and obtrusive.
PepperBall:
Less lethal launchers are designed for minimum time between launches and quick reload
speed, so whether in a crowd control scenario, tactical or even Mobile Field Force situation,
the PepperBall system offers flexibility, safety and security, all within on e platform. Each
launcher is air powered, with either carbon dioxide (CO2), nitrogen, or compressed air
powering the launch of projectiles.
Purpose/Authorized Uses: creating explosive distractions, and/or deploying chemical agents.
Fiscal Impacts: The initial cost of the Pepperball equipment was approximately $7,920. The
ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
The initial cost of the distraction devices and chemical agents was approximately $2,400. The
ongoing costs for munitions will vary and (minimal, if any) maintenance is conducted by
departmental staff.
Legal/Procedural Rules Governing Use Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 308
(Control Devices and Techniques), and 408 (Crisis Response Unit).Use of tear gas or pepper
balls will continue to be subject to an administrative Use of Force review. Use of distraction
devices will be subject to an administrative review to ensure policy compliance.
Training Required: A P.O.S.T. certified Control Devices and Techniques Department chemical
agent and distraction device instructor provides internal training for all members of the
SWAT team prior to allowing them to use flashbang grenades or tear gas. The Department
provides internal training for all members prior to allowing them to use pepper balls.
Other Notes: Distraction devices and chemical agents are exclusively maintained and
operated by members of the Department’s Special Weapons and Tactics Team (SWAT).
Equipment Type: Bolt Action Rifle and Ammunition - CA Gov’t Code §7070(c)(10)
Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years
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Equipment Capabilities: Accuracy International rifle is capable of firing a 7.62mm/.308 cal
projectile bullet.
Manufacturer Product Description: Accuracy International (AI) Accuracy Tactical bolt action
rifle .308 Winchester/7.62mm NATO.
1.20" barrel threaded 5/8x24
2.Nightforce:C622 Scope .250 MOA
3.AI Adjustable cheek piece
4.AI Two-stage trigger
5.AI 10-round .380 caliber magazine
6.AI Three-position safety
Purpose/Authorized Uses: This rifle is authorized for use by a specially-trained, SWAT
marksman only and may be deployed in any circumstance where the officer can articulate a
reasonable expectation that the rifle may be needed. Examples of some general guidelines
for deploying the rifle may include but are not limited to:
1.Situations where the officer reasonably anticipates an armed encounter.
2.When the officer is faced with a situation that may require accurate and
effective fire at long range.
3.Situations where an officer reasonably expects the need to meet or exceed a
suspect's firepower.
4.When an officer reasonably believes that there may be a need to fire on a
barricaded person or a person with a hostage.
5.When an officer reasonably believes that a suspect may be wearing body
armor.
6.When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was purchased by the Palo Alto Police Department at an
initial cost of $6500.00. The ongoing costs for ammunition will vary and maintenance is
conducted by departmental staff.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 300 (Use of Force), 312
(Firearms), and 408 (Crisis Response Unit).Each use will continue to be subject to an
administrative Use of Force review.
Training Required: In addition to CA P.O.S.T. certified patrol rifle and CA P.O.S.T. certified
standard SWAT Operator training, SWAT marksmen must successfully complete a CA P.O.S.T.
certified course as well as regular SWAT marksmanship training and qualifications as required
by law and policy.
Other Notes: None.
Qualifying Equipment Owned/Utilized by Palo Alto OES
Equipment Type: Command and control vehicle – CA Gov’t Code §7070(c)(5)
Quantity Owned/Sought: 1 Lifespan: Approximately 20 years
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Equipment Capabilities: The City of Palo Alto Office of Emergency Services (OES) has a
Mobile Emergency Operations Center (MEOC) vehicle.
Manufacturer Product Description: The MEOC is built on a 40’ Freightliner chassis, 2010
Model Year.
Purpose/Authorized Uses: The MEOC serves as a resource for public safety and coordinates
with other such vehicles operated by other agencies. It is deployed to “all hazards” ranging
from natural disasters, wildfires, crime, special events, and planned and unplanned
disruptions to 9-1-1 and Emergency Operations Center systems and facilities.
Fiscal Impacts: The MEOC was acquired in approximately 2010 with grant funding of
$300,000 and City funding of $375,000. The ongoing costs for maintenance and operation
will vary and most maintenance is conducted by City staff.
Legal/Procedural Rules Governing Use: It is the policy of OES to use the MEOC in accordance
with California State law regarding the operation of motor vehicles. Furthermore, since the
MEOC is grant-funded and since the MEOC is a rare resource, the City may support mutual
aid with the MEOC (for example wildfire response). Use will be subject to an administrative
review to ensure policy compliance.
Training Required: The MEOC is a highly complex system. City staff are provided with
requisite training and licensing, depending on their role in supporting the MEOC.
Other Notes: The MEOC is not a “military vehicle” but could support coordination with the
National Guard, FEMA, and other cooperating agencies after a major earthquake or other
disaster.
Qualifying Equipment known to be owned and/or utilized by law enforcement units with which
the Palo Alto Police Department collaborates and/or participates for law enforcement
purposes
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and
recorded video images captured from aerial positions, including images enhanced by Forward
Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission
of protecting lives and property when other means and resources are not available or are less
effective. Uses may include but are not limited to: search and rescue; suspect apprehension;
crime scene documentation; tactical operations; scene security; hazard monitoring,
identification and mitigation; response to emergency calls; crisis communications; legally
authorized surveillance.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, Federal Aviation Administration (FAA) regulations, and PAPD policy, including but not
limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance).Federal Aviation Administration (FAA) regulations . Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a
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reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers
shall take reasonable precautions to avoid inadvertently recording or transmitting images of
areas where there is a reasonable expectation of privacy. Upon mutual aid or other request
from PAPD, UAS/Drone will be operated by the deploying agency’s staff pursuant to their
own policies and review.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA
Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code
§7070(c)(1)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Robots are capable of being remotely navigated to provide scene
information and intelligence in the form of video and still images transmitted to first
responders.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by
providing first responders with the ability to capture video and still images of hazardous
areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Absent a warrant or exigent circumstances,
operators and observers shall adhere to all applicable privacy laws and shall not intentionally
record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Use governed by applicable State,
Federal and Local law, Federal Aviation Administration (FAA) regulations, and PAPD policy,
including but not limited to PAPD policy §§ 322 (Search and Seizure) and 352 (Outside Agency
Assistance). Upon mutual aid or other request from PAPD, vehicle will be operated by
deploying agency’s staff pursuant to their own policies and review.
Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t
Code §7070(c)(3)
Quantity Owned/Sought: None (outside owned) Lifespan: Various
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry;
facilitating the safe transport of officers or civilians facing an armed suspect.
Manufacturer Product Description: Various. Dependent upon the availability of mutual aid
equipment and personnel at the time of need.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Safely
transporting police personnel or evacuating civilians, when facing with an armed suspect.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use governed by applicable State, Federal and Local
law, and PAPD policy, including but not limited to PAPD policy §§ 322 (Search and Seizure)
and 352 (Outside Agency Assistance). Upon mutual aid or other request from PAPD, vehicle
will be operated by deploying agency’s staff pursuant to their own policies and review.
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Training Required: Subject to the policies of the deploying agency.
Other Notes: While the Palo Alto Police Department does not own or operate this
equipment, it could be deployed to an incident within city limits.
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Certificate Of Completion
Envelope Id: 60E34337-973C-454C-876B-722916FF7691 Status: Completed
Subject: ORD 5688 - Renewing the Military Equipment Use Policy in Compliance with Govt. Code Section 7070
Source Envelope:
Document Pages: 12 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 170.85.155.38
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Status: Original
1/14/2026 3:45:18 PM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
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Tim Shimizu
Tim.Shimizu@paloalto.gov
Assist. City Attorney
City of Palo Alto
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James Reifschneider
James.Reifschneider@paloalto.gov
Acting Chief of Police
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Ed Shikada
Ed.Shikada@paloalto.gov
City Manager
City of Palo Alto
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Vicki Veenker
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Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
City Clerk
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