Ordinance 3372 CITY OF ALAMEDA ORDINANCE NO. 3372
ADOPTING A MILITARY EQUIPMENT USE POLICY FOR
UNCREWED AERIAL SYSTEM FOR THE ALAMEDA
POLICE DEPARTMENT
WHEREAS, Assembly Bill No 481 of 2021 requires a law enforcement
agency, including the Alameda Police Department ("APD"), to obtain approval
from the applicable governing body, in this case the City Council, by adoption of
a military equipment use policy by ordinance at a regular meeting prior to taking
certain actions relating to the funding, acquisition, or use of military equipment;
and;
WHEREAS, AB 481 requires similar approval by the City Council for any
new military equipment acquired by APD when the use of such equipment was
not previously approved by the City Council; and
WHEREAS, through Ordinance No. 3325, the City Council previously
approved APD's military equipment use policy, which is available at
https://www.alamedaca.govifiles/asseis/publicivil/departments/alameda/police/a
b-481-combined-policv-and-inventory-7.6.22,pdf; and
WHEREAS, APD proposes to use Uncrewed Aerial System ("UAS") for law
enforcement purposes, and UAS is defined as "military equipment" by AB 481; and
WHEREAS, APD has drafted a policy establishing guidelines and protocols
for the deployment and use of UAS ("Proposed UAS Policy"), which has been
available publicly since April 15, 2024 (i.e., at least 30 days as required by AB
481), at
https://www.alamedaca.govifiles/assets/public/v/l/clepartments/alamedaipolice/a
pd-draft-uas-pol and
WHEREAS, APD's draft policy reflects best practices and
recommendations regarding UAS use from nonprofit organizations Secure Justice
and the American Civil Liberties Union; and
WHEREAS, APD held the community meeting regarding the Proposed UAS
Policy as required by AB 481 on April 30, 2024.
NOW, THEREFORE, the City Council of the City of Alameda does hereby
ordain as follows:
Section 1. Findings.
The City Council finds the following:
(A) The military equipment listed in the Proposed UAS Policy is
necessary because there is no reasonable alternative that can achieve the same
objective of officer and civilian safety.
(B) The Proposed UAS Policy will safeguard the public's welfare, safety,
civil rights, and civil liberties.
(C) The equipment is reasonably cost effective compared to available
alternatives that can achieve the same objective of officer and civilian safety.
Section 2. Adoption.
The Proposed UAS Policy is hereby approved and adopted.
APD is hereby directed to include all requisite information regarding its
usage of UAS in its annual military equipment report, as required by Government
Code Section 7072 and Ordinance No. 3325 and any successor legislation.
Section 3. Implied Repeal.
Any provision of the Alameda Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent such
inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effect the provisions of this Ordinance.
Section 4. CEQA Determination.
The City Council finds and determines that the adoption of this Ordinance
is exempt from review under the California Environmental Quality Act ("CEQA"),
pursuant to the following, each a separate and independent basis: 15321 (law
enforcement activities by peace officers), 15061(b)(3) (no significant
environmental impact).
Section 5. Severability.
If any provision of this Ordinance is held by a court of competent jurisdiction
to be invalid, this invalidity shall not affect other provisions of this Ordinance that
can be given effect without the invalid provision and therefore the provisions of this
Ordinance are severable. The City Council declares that it would have enacted
each section, subsection, paragraph, subparagraph, and sentence,
notwithstanding the invalidity of any other section, subsection, paragraph,
subparagraph, or sentence.
Section 6. Authority
This Ordinance is enacted pursuant to the City of Alameda's constitutionally
authorized charter city police powers, Section 3-12 of the Charter of the City of
Alameda, Article XI of the State Constitution, the California Emergency Services
Act, and Government Code Section 36937.
Section 7. Effective Date.
This Ordinance shall be in full force and effect from and after the expiration of thirty
(30) days from the date of its final passage.
ay(1 .00--
Presidin is - City Council
Attest:
IA7)9\
Lara Weisiger, City 1,4 k
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 18t" day of June 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen,
Vella and Mayor Ezzy Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19th day of June 2024.
tThOt/
Lara Weisiger, City CI rk
City of Alameda
APPROVED AS TO FORM:
Yibin. en, ' tto y
City of Ala,