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(A)"Controlled Equipment" is equipment that is militaristic in nature and includes, but is not limited to, all of the following:

(1)Vehicles that are built or modified to provide ballistic protection to their occupants, such as mine-resistant ambush protected (MRAP) vehicles or armored personnel carriers.

(a)Police versions of standard passenger vehicles are specifically excluded from this section.

(2)Multi-purpose wheeled vehicles that are: built to operate both on-road and off-road, such as a high mobility multipurpose wheeled vehicle (HMMWV), commonly referred to as a Humvee, a two and one-half-ton truck, or a five-ton truck; or built or modified to use a breaching or entry apparatus as an attachment.

(a)Unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this section.

(3)Tracked vehicles that are built or modified to provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

(4)Aircraft, vessels, or vehicles of any kind, whether manned or unmanned, with attached or mounted weapons.

(5)Breaching apparatus designed to provide rapid entry into a building or through a secured doorway, including equipment that is mechanical, such as a battering ram, and equipment that is ballistic, such as a slug, or equipment that is explosive in nature. Items designed to remove a lock, such as bolt cutters, small gauge frangible rounds, or a handheld ram, are excluded from this policy.

(6)Firearms of .50 caliber or greater.

(7)Ammunition of .50 caliber or greater.

(8)Specialized firearms, including the Colt M4, and associated ammunition of less than .50 caliber, as defined in Sections 30510 and 30515 of the California Penal Code.

(9)Projectile launch platforms and their associated munitions, such as 40mm projectile launchers, "bean bag," rubber bullet, or specialty impact munition (SIM) weapons, and equipment used to disperse chemical agents.

(10)Any knife designed to be attached to the muzzle of a rifle, shotgun, or long gun for purposes of hand-to-hand combat.

(11)Explosives, pyrotechnics, such as "flashbang" grenades, and chemical weapons such as "teargas," CS gas, pepper spray, and "pepper balls".

(12)Batons 30 inches or longer in length.

(13)Active area denial weapons, such as the Taser Shockwave, microwave weapons, and water cannons and the Long Range Acoustic Device (LRAD). Use of the LRAD for the purpose of communicating lifesaving information to residents during disasters, in evacuation exercises, to conduct search and rescue operations, or communicate to persons threatening suicide who are in an inaccessible location shall be exempt from the reporting requirements under Section 2.100.050 of this Chapter.

(14)Any other equipment as determined by a majority of the City Council to require additional oversight.

(B)"City" means any department, agency, bureau, and/or subordinate division of the City of Berkeley.

(C)"Controlled Equipment Impact Statement" means a publicly released, written document that includes, at a minimum, all of the following:

(1)Description: A description of each type of Controlled Equipment, the quantity sought, its capabilities, expected lifespan, intended uses and effects, and how it works, including product descriptions from the manufacturer of the Controlled Equipment.

(2)Purpose: The specific purpose or purposes that each type of Controlled Equipment is intended to achieve.

(3)Fiscal Cost: The fiscal cost of each type of Controlled Equipment, including the initial costs of obtaining the equipment, the costs of each proposed use, the costs of potential adverse impacts, and the annual, ongoing costs of the equipment, including operating, training, transportation, storage, maintenance, and upgrade costs.

(4)Impact: An assessment specifically identifying any potential impacts that the use of Controlled Equipment might have on the welfare, safety, civil rights, and civil liberties of the public.

(5)Mitigations: Specific, affirmative technical and procedural measures that will be implemented to safeguard the public from such impacts.

(6)Alternatives: Alternative method or methods by which the Police Department can accomplish the purposes for which the Controlled Equipment is proposed to be used, and rationale for selection over alternative methods.

(7)Third Party Dependence: Whether use or maintenance of the Controlled Equipment will require the engagement of third party service providers.

(D)Except as provided below, "Deployed" means to utilize or employ Controlled Equipment for a deliberate purpose in the presence of members of the public during management or control of crowds, during any Special Response Team deployment or to affect some response from members of the public during any other operation or critical response. "Deployed" shall not mean an officer merely wearing a piece of Controlled Equipment on their belt or elsewhere on their person.

(1)Batons 30 inches or longer in length shall only be deemed "deployed" when used for management or control of crowds.

(E)"Exigent Circumstances" means a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person requires the use of unapproved Controlled Equipment.

(F)"Police Accountability Board" means the body established by Charter Article XVIII. The Police Review Commission, established by Ordinance No. 4,644-N.S., as amended, shall serve any and all functions and duties set forth by this chapter before and until they are transferred to the Police Accountability Board pursuant to Charter Article XVIII. (Ord. 7760-NS § 1, 2021)