HomeMy WebLinkAbout2022-15 - Approving a Military Equipment Use Policy for the Newport Beach Police DepartmentORDINANCE NO. 2022-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
MILITARY EQUIPMENT USE POLICY FOR THE
NEWPORT BEACH POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed Assembly
Bill ("AB") 481, codified as California Government Code §7070, et seq., relating to the
funding, acquisition and use of "military equipment" by California law enforcement
agencies;
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges, or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the Newport Beach Police Department is in possession of certain
items of equipment and related munitions that qualify under the broad definition of
"military equipment" under AB 481;
WHEREAS, AB 481 requires that a law enforcement agency possessing and
using such qualifying equipment prepare a written, publicly released Military Equipment
Use Policy covering the inventory, description, purpose, use, acquisition, maintenance,
fiscal impacts, procedures, training, oversight, and complaint process, applicable to the
Department's use of such equipment,
WHEREAS, the Military Equipment Use Policy and supporting information must
be approved by the City Council and reviewed annually; and
WHEREAS, the City Council of the City of Newport Beach, having received the
information required under AB 481 regarding the Newport Beach Police Department's
use of "military equipment" as defined in said law, deems it to be in the best interest of
the City to approve the Military Equipment Use Policy as set forth herein.
Ordinance No. 2022-15
Page 2 of 4
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves and adopts the Military
Equipment Use Policy and determines all of the following:
1. The military equipment inventoried and presented to the City Council is
necessary because there is no reasonable alternative that can achieve the
same objective of officer and civilian safety;
2. The proposed Military Equipment Use Policy will safeguard the public's
welfare, safety, civil rights, and civil liberties;
3. The equipment described in the Military Equipment Use Policy is reasonably
cost effective compared to available alternatives that can achieve the same
objective of officer and civilian safety;
4. 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;
5. The Newport Beach Police Department has made the Military Equipment Use
Policy available on its website for at least 30 days prior to the public hearing
concerning the military equipment at issue and described in the Policy;
6. The proposed Military Equipment Use Policy shall be made publicly available
on the internet website of the Newport Beach Police Department for as long
as the military equipment is available for use; and
7. The Military Equipment Use Policy was considered by the City Council as an
agenda item in an open session of a regular meeting, noticed in accordance
with the Ralph M. Brown Act, at which public comment was permitted.
Ordinance No. 2022-15
Page 3 of 4
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
Ordinance No. 2022-15
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of June, 2022, and adopted on the 28th day of
June, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Mayor Pro Tern Blom, Council Member Avery Council
Member Brenner, Council Member Dixon, Council Member Duffield Council
Member O'Neill
NAYS:
ABSENT:
ATTEST:
KEVIN MUj2fOON, MAYOR
4"� inNltlikp
CITY CLERK' C����p�7annnw,YlK"' I:1
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAPdN C. HARP, aW ATTORNEY
Attachment(s): Military Equipment Use Policy, including the Military Equipment
Inventory
Newport Beach Police Department
Newport Beach PD Policy Manual
Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the use, approval, acquisition, and reporting
requirements of military equipment in accordance with California Government Code § 7070, et
seq.
707.1.1 DEFINITIONS
Definitions related to this policy as defined in Government Code § 7070:
Governing Body — The governing body for the Newport Beach Police Department is the City
Council of the City of Newport Beach.
Military Equipment — Includes but is not limited to the following categories:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers.
3. High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks,
five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
4. Tracked armored vehicles that provide ballistic protection to their occupants.
5. Command and control vehicles that are either built or modified to facilitate the
operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. This
does not include a handheld, one -person ram.
8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns
and standard -issue shotgun ammunition.
9. Specialized firearms and ammunition of less than .50 caliber, including firearms and
accessories identified as assault weapons in Penal Code § 30510 and Penal Code §
30515, with the exception of standard -issue handguns.
10. Any firearm or firearm accessory that is designed to launch explosive projectiles.
11. Noise -flash diversionary devices and explosive breaching tools.
12. Munitions containing tear gas or OC, excluding standard, service -issued handheld
pepper spray.
13. TASER Shockwave, microwave weapons, water cannons, and long-range acoustic
devices (LRADs).
14. Projectile launch platforms and associated munitions.
15. Any other equipment as determined by a governing body or a state agency to require
additional oversight.
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Military Equipment Use Policy
707.2 POLICY
It is the policy of the Newport Beach Police Department that members of this department
comply with the provisions of Government Code § 7071 with respect to military equipment.
707.3 MILITARY EQUIPMENT COORDINATOR
The Support Services Lieutenant is designated to act as the military equipment coordinator. The
responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this
policy.
(b) Identifying Newport Beach Police Department equipment that qualifies as military
equipment in the current possession of the department or the equipment the
department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually.
(d) Collaborating with any allied agency that may use military equipment within the
jurisdiction of the Newport Beach Police Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement
meeting as described below in section 707.7.
(f) Preparing the annual military equipment report for submission to the Chief of
Police for subsequent approval by the City Council and ensuring that the report is
made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that
person may submit a question about the use of a type of military equipment, and how
the Newport Beach Police Department will respond in a timely manner.
707.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body
by way of an ordinance adopting the Military Equipment Use Policy. As part of the approval
process, the Chief of Police or the authorized designee shall ensure the proposed Military
Equipment Use Policy is submitted to the governing body and is available on the department
website at least 30 days prior to any public hearing concerning the military equipment at issue
(Government Code § 7071). The Military Equipment Use Policy must be approved by the
governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a.
(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 jurisdiction of this department.
(e) Using any new or existing military equipment for a purpose, in a manner, or by a person
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Newport Beach Police Department
Newport Beach PD Policy Manual
Military Equipment Use Policy
not previously approved by the governing body.
(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 above.
707.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this
jurisdiction unless they have adopted a Military Equipment Use Policy as required by Government
Code § 7071-7075 and in compliance with their agency's policies and all state and federal laws
and regulations.
707.6 ANNUAL REPORT
Upon approval of a Military Equipment Use Policy, the Chief of Police or the authorized designee
shall submit a military equipment report to the governing body for each type of military
equipment approved within one year of approval, and annually thereafter for as long as the military
equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee shall also make each annual military equipment
report publicly available on the department website for as long as the military equipment is
available for use. The report shall include all information required by Government Code § 7072 for
the preceding calendar year for each type of military equipment in the Newport Beach Police
Department inventory.
707.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Newport Beach Police
Department shall hold at least one well -publicized and conveniently located community
engagement meeting, at which the department should discuss the report and respond to public
questions regarding the funding, acquisition, or use of military equipment.
707.8 QUESTIONS, CONCERNS AND COMPLAINTS PROCEDURE
In accordance with Section 707.3(g) defined above, the procedure for a person to register a
complaint, concern or question is through one of the methods listed below:
• Via US Mail or in person: Complaint forms are available at the front desk or inquiries can
be mailed to:
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
• Via email: info@nbpd.org
• By telephone: (949) 644-3681
• Online: www.nbpd.org/complaints
The department will respond to questions, concerns or complaints regarding this policy or the use
of military equipment within 10 business days of receipt by the department.
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707.9 COMPLIANCE
The Professional Standards Unit shall ensure that all department members comply with this policy
and is responsible for investigating violations of this policy and investigating complaints regarding
the use of military equipment.
707.10MAINTENANCE OF OPERATIONAL INVENTORY LEVELS
The Newport Beach Police Department is authorized to procure and maintain an appropriate
inventory of the approved military equipment specified in this policy, including associated
ammunition and munitions, necessary to ensure operational capabilities of the department.
707.11 MILITARY EQUIPMENT INVENTORY
The inventory attached as Appendix A constitutes a list of qualifying equipment and
associated ammunition and munitions for the Newport Beach Police Department.
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Appendix A Newport Beach Police Department
Military Equipment Inventory
Robot
Category
1
Description
Recon Robotics Throwbot XT
Initial Cost
$15,251 each
Year Acquired
2013
Current Quantity
2
Description/Capabilities
This robot is a battery powered, remote operated device equipped
with one camera and audio capability. The device is intended for
use during high -risk incidents. Use is limited to members of the
department's Crisis Response Unit (CRU) or with authorization of
the on -duty Watch Commander. Incidents that may qualify for its
use include, but are not limited to, a high -risk warrant service,
barricaded subject, and hostage negotiation/rescue.
Purpose
To be used to remotely gain visual/audio data.
Authorized Use
Use is established by the Incident Commander or on -duty Watch
Commander. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 321 — Search and Seizure,
and NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
10 years
Fiscal Impact
No known annual maintenance cost.
Unmanned Aerial Vehicle
Category
1
Description
DJI Phantom 3 Professional unmanned aerial vehicle (UAV)
Initial Cost
$1,449
Year Acquired
2016
Current Quantity
1
Description/Capabilities
The Phantom 3 is a consumer -grade UAV that is battery powered
and remote operated. The UAV controller uses an integrated smart
device that allows the operator to control UAV and view live feed
from the UAV-mounted 4K DGI camera. Flight time of
approximately 20-25 minutes per battery, depending on weather
and flight conditions. Full specifications are available on the
manufacturer's product website: https://www.dai.com/phantom-3-
Purpose
The UAV was purchased to evaluate a potential UAV program at
the NBPD. The department has not implemented a program and
does not deploy the UAV during critical incidents.
Authorized Use
The UAV is only authorized to be used for testing purposes.
Expected Lifespan
10 years
Fiscal Impact
No known annual maintenance cost.
Appendix A Newport Beach Police Department
Military Equipment Inventory
Armored Personnel Carrier, Vehicle with Entry Apparatus Attached
Category
2 & 3
Description
2014 Lenco BearCat G2 Armored Rescue Vehicle (ARV)
Initial Cost
$233,872
Year Acquired
2014
Current Quantity
1
Description/Capabilities
The Lenco BearCat G2 is the standard tactical armored vehicle for
special operations units within the US Law Enforcement community.
Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD
ESU, Boston PD and hundreds of Federal, State and Local Law
Enforcement agencies have made the BearCat G2 part of their
standard operating procedure. The G2 has excellent on -road driving
characteristics and maneuverability in tight urban settings. The
large floor plan seats 10 — 12 fully equipped officers with a long list
of tactical features only found on the Lenco BearCat line of armored
SWAT vehicles for Police and Government.
The ARV is designed to provide ballistic protection during tactical
events (designed to withstand multiple bullet strikes from small
arms fire as well as low-level explosions). Equipped with
emergency lights/siren and a public address system. Common uses
for the ARV include citizen and officer rescues, evacuations, and
the deployment of officers. The ARV is a mutual -aid asset that has
been requested and deployed to allied agencies in Orange County,
including Irvine, Laguna Beach, Costa Mesa, and Tustin.
Purpose
To be used in response to critical incidents to enhance officer and
community safety, improve scene containment and stabilization,
and assist in resolving critical incidents.
Authorized Use
The use of armored vehicles shall only be authorized by a watch
commander or SWAT commander, based on the specific
circumstances of a given critical incident. Armored vehicles shall be
used only by officers trained in their deployment and in a manner
consistent with Department policy and training. The driver of the
vehicle shall have a valid California driver license. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 706 — Vehicle Use, and NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
15 years
Fiscal Impact
Annual maintenance cost of approximately $2,500
Appendix A Newport Beach Police Department
Military Equipment Inventory
Command and Control Vehicles
Category
5
Description
2016 Freightliner 3500 Sprinter van, custom upfit by Farber
Initial Cost
$159,090
Year Acquired
2016
Current Quantity
1
Description/Capabilities
The command post (CP) vehicle is a two -axle panel van with front
doors, a sliding passenger side door, and rear doors. It is capable
of being used as a mobile operations and dispatch center, as an
auxiliary command vehicle during major incidents/events and as a
negotiation/communication center by the Crisis Negotiations
Team. The vehicle is painted white with no police graphics affixed
to the exterior. The equipment housed in the vehicle includes, a
negotiations control console and accessories, communications
throw phone and cables, miscellaneous office supplies, tabletops,
chairs, and storage space. The vehicle is also capable of
transporting personnel and equipment.
Purpose
To be utilized for critical incident callouts and major events.
Authorized Use
The CP can used by employees who have been properly trained in
the safe handling of the vehicle. The driver of the vehicle shall have
a valid California driver license. All other applicable NBPD policies
remain in effect, to include, but not limited to, NBPD Policy 706 —
Vehicle Use, and NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
10 years
Fiscal Impact
Annual maintenance cost of approximately $1,000
Command and Control Vehicles
Category
5
Description
2003 Freightliner customized SWAT Van
Initial Cost
$158,270
Year Acquired
2004
Current Quantity
1
Description/Capabilities
The SWAT Van is a custom-built Freightliner van used as a
command vehicle and for equipment storage and transportation. It
is equipped with a desk and radio for dispatch and storage
compartments for the different pieces of equipment used by SWAT
(weapons, ammunition, 40mm launchers and projectiles, manual
breaching tools, robot, ballistic vests, etc.).
Purpose
To be used based on the specific circumstances of a given critical
incident, large event, natural disaster or community event that is
taking place.
Authorized Use
The SWAT Van shall be used by officers trained in their deployment
and in a manner consistent with Department policy and training.
The driver of the vehicle shall have a valid California driver license.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 706 — Vehicle Use, and NBPD Policy
408 — Crisis Response Unit.
Expected Lifespan
12 years
Fiscal Impact
Annual maintenance cost of approximately $2,500
Appendix A Newport Beach Police Department
Military Equipment Inventory
Breaching Apparatus
Category
7
Description
Remington 870 Breaching Shotgun.
Initial Cost
Approximately $500 each
Year Acquired
Approximately 2005
Current Quantity
2
Description/Capabilities
This specialized shotgun allows officers to safely utilize shotgun
breaching rounds in order to destroy deadbolts, locks, and hinges.
The stand-off device that is attached to the end of the barrel allows
for positive placement of the shotgun into the correct position and
vents gases to prevent overpressure.
Purpose
To safely gain entry into a structure.
Authorized Use
Shotgun breaching may only occur after authorization by the
Incident Commander or SWAT Commander in the field, or during
training exercises. Only officers trained in shotgun breaching are
allowed to utilize this device. All other applicable NBPD policies
remain in effect, to include, but not limited to, NBPD Policy 321 —
Search and Seizure, and NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
25 years
Fiscal Impact
No annual cost
Breaching Apparatus Ammunition
Category
7
Description
Royal Arms TESCR #3, green cap 365 grain tactical shotgun round
Initial Cost
$5.00 per round
Year Acquired
Continuously, beginning 17+ years ago
Current Quantity
40
Description/Capabilities
Shotgun breaching rounds are specialty shotgun shells utilized for
door breaching. The breaching rounds contain compressed copper
powder and are fired through a specialized breaching shotgun
barrel. The copper powder is designed to strike and destroy the lock
throw inside of the door, allowing entry into the room or structure.
The powder is designed to dissipate after striking the lock throw in
order to minimize entry into the target space for the safety of
occupants and operators. Royal Arms TESCR #3 rounds are good
until expended if stored properly. Shotgun breaching rounds are
used to gain rapid access to a room or structure when an emergent
law enforcement need exists
Purpose
Ammunition for Breaching Shotgun.
Authorized Use
Shotgun breaching may only occur after authorization by the
Incident Commander or SWAT Commander in the field, or during
training exercises. All other applicable NBPD policies remain in
effect, to include, but not limited to, NBPD Policy 321 — Search and
Seizure, and NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
Until expended
Fiscal Impact
$4 per round. Annual cost between $0 and $200
Appendix A Newport Beach Police Department
Military Equipment Inventory
Specialized Firearms
Category
10
Description
Heckler & Koch MP5 9mm submachine gun
Initial Cost
Unknown (purchased over 30 years ago)
Year Acquired
1992 (estimated)
Current Quantity
8
Description/Capabilities
The MP5 is a lightweight, air-cooled, selective fire, delayed
blowback weapon with a roller -delayed bolt that fires a 9mm round.
The firearm is highly portable and is capable of accurately stopping
an armed subject at various distances.
Purpose
To be used as a hand held weapon to address a threat with more
precision and/or greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
submachine gun. All other applicable NBPD policies remain in
effect, to include, but not limited to, NBPD Policy 300 — Use of
Force, NBPD Policy 311 — Firearms Training and Qualifications,
NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
40 years
Fiscal Impact
No annual cost
Specialized Firearms
Category
10
Description
Colt M4 .223 caliber carbine rifle
Initial Cost
$950
Year(s) Acquired
2002-2017
Current Quantity
5
Description/Capabilities
The carbine rifle is a firearm, capable of accurately stopping an
armed subject at various distances. It is a lightweight, air-cooled,
gas operated, magazine fed, shoulder fired weapon, designed for
semi -automatic and selective fire. The Colt M4 rifle can be used
indefinitely and will need to be serviced or replaced when the rifle
fails or breaks. The .223/5.56 cartridge is used as a lethal option
designed to stop a violent encounter. The projectile is capable of
penetrating soft body armor being worn by armed subjects.
Purpose
To be used as hand held weapon to address a threat with more
precision and/or greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
carbine rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
25 years
Fiscal Impact
No annual cost
Appendix A Newport Beach Police Department
Military Equipment Inventory
Specialized Firearms
Category
10
Description
Bushmaster M4 .223 caliber carbine rifle
Initial Cost
$825
Year(s) Acquired
2007-2012
Current Quantity
17
Description/Capabilities
The carbine rifle is a firearm, capable of accurately stopping an
armed subject at various distances. It is a lightweight, air-cooled,
gas operated, magazine fed, shoulder fired weapon, designed for
semi -automatic & selective fire. The Bushmaster M4 rifle can be
used indefinitely and will need to be serviced or replaced when the
rifle fails or breaks. The .223/5.56 cartridge is used as a lethal
option designed to stop a violent encounter. The projectile is
capable of penetrating soft body armor being worn by armed
subjects.
Purpose
To be used as hand held weapon to address a threat with more
precision and/or greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
carbine rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
25 years
Fiscal Impact
No annual cost
Specialized Firearms
Category
10
Description
Accuracy International .308 Winchester caliber precision rifle
Initial Cost
$5,945 to 6,445
Years(s) Acquired
2014-2020
Current Quantity
3
Description/Capabilities
The Newport Beach Police Department SWAT Team is specifically
trained and equipped to resolve potentially dangerous or hazardous
incidents. The Sniper element of the SWAT Team deploys with .308
caliber precision rifles, which enable the stopping of an armed
subject at a safe distance. The precision rifle can be used
indefinitely and will need to be serviced or replaced when the rifle
fails or breaks.
Purpose
To be used as precision weapons to address a threat with more
precision and/or at greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
10-12 years
Fiscal Impact
No annual cost
Appendix A Newport Beach Police Department
Military Equipment Inventory
Specialized Firearms
Category
10
Description
Remington 700 .308 Winchester caliber precision rifle.
Initial Cost
$4,464
Year Acquired
2013
Current Quantity
2
Description/Capabilities
The Newport Beach Police Department SWAT Team is specifically
trained and equipped to resolve potentially dangerous or hazardous
incidents. The Sniper element of the SWAT Team deploys with .308
caliber precision rifles, which enable the stopping of an armed
subject at a safe distance. The precision rifle can be used
indefinitely and will need to be serviced or replaced when the rifle
fails or breaks.
Purpose
To be used as precision weapons to address a threat with more
precision and/or at greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
10-12 years
Fiscal Impact
No annual cost
Specialized Firearms
Category
10
Description
LWRC REPR .308 Winchester caliber precision rifle
Initial Cost
$5,943
Year Acquired
2015
Current Quantity
1
Description/Capabilities
The Newport Beach Police Department SWAT Team is specifically
trained and equipped to resolve potentially dangerous or hazardous
incidents. The Sniper element of the SWAT Team deploys with .308
caliber precision rifles, which enable the stopping of an armed
subject at a safe distance. The precision rifle can be used
indefinitely and will need to be serviced or replaced when the rifle
fails or breaks.
Purpose
To be used as precision weapons to address a threat with more
precision and/or at greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
10-12 years
Fiscal Impact
No annual cost
Appendix A Newport Beach Police Department
Military Equipment Inventory
Specialized Firearms
Category
10
Description
DTA SRS .308 Winchester caliber precision rifle
Initial Cost
$5,825
Year Acquired
2015
Current Quantity
1
Description/Capabilities
The Newport Beach Police Department SWAT Team is specifically
trained and equipped to resolve potentially dangerous or hazardous
incidents. The Sniper element of the SWAT Team deploys with .308
caliber precision rifles, which enable the stopping of an armed
subject at a safe distance. The precision rifle can be used
indefinitely and will need to be serviced or replaced when the rifle
fails or breaks.
Purpose
To be used as precision weapons to address a threat with more
precision and/or at greater distances than a handgun, if present and
feasible.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
10-12 years
Fiscal Impact
No annual cost
Specialized Firearms Ammunition
Category
10
Description
Hornady .308 Winchester 168 grain, A -Max TAP cartridge
Initial Cost
$231 per 200 round case
Year Acquired
Continuously beginning 5 years ago
Current Quantity
3,000 (approximate current inventory)
Description/Capabilities
The .308 Winchester (.308 WIN) cartridge is a rimless, bottlenecked
rifle cartridge used as a lethal option designed to stop a violent
encounter. The projectile is capable of penetrating soft body armor
worn by armed subjects. The 168 grain projectile maintains
accuracy, while resulting in higher impact velocities, less drop, less
wind drift, and more energy on target.
Purpose
The Hornady .308 WIN 168 grain, A -Max TAP cartridge is deployed
during potential lethal encounters at longer distances.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle and this ammunition. All other applicable NBPD
policies remain in effect, to include, but not limited to, NBPD Policy
300 — Use of Force, NBPD Policy 311 — Firearms Training and
Qualifications, NBPD Policy 408 — Crisis Response Unit.
Expected Lifespan
Until expended
Fiscal Impact
$0 to $3,700 annually, depending on usage
Appendix A Newport Beach Police Department
Military Equipment Inventory
Specialized Firearms Ammunition
Category
10
Description
Hornady .308 Winchester 168 grain, GMX TAP cartridge
Initial Cost
$231 per 200 round case
Year Acquired
Continuously, beginning 5 years ago
Current Quantity
200
Description/Capabilities
The .308 WIN cartridge is a rimless, bottlenecked rifle cartridge
used as a lethal option designed to stop a violent encounter. The
projectile is capable of penetrating soft body armor being worn by
armed subjects.
Purpose
The Hornady .308 WIN 165 grain, GMX TAP Heavy Barrier
cartridge is deployed during potential lethal encounters at longer
distances. The GMX bullet penetrates heavy barriers while still
delivering terminal performance through heavy barriers.
Authorized Use
Only members that are POST certified are authorized to use a
precision rifle. All other applicable NBPD policies remain in effect, to
include, but not limited to, NBPD Policy 300 — Use of Force, NBPD
Policy 311 — Firearms Training and Qualifications, NBPD Policy 408
— Crisis Response Unit.
Expected Lifespan
Until expended
Fiscal Impact
$0 to $3,700 annually, depending on usage
Flashbang Grenades
Category
12
Description
Combined Tactical Systems CTS 7290 NFDD
Initial Cost
$72 each
Year Acquired
Continuously, beginning 5 years ago
Current Quantity
20
Description/Capabilities
A Noise Flash Diversionary Devices (NFDD) is a device that
creates a bright flash and loud sound to temporarily divert the
attention of subjects in the immediate area. NFDD are used to
distract and temporarily incapacitate dangerous suspects by
overwhelming their senses of vision and hearing. The distraction
allows officers to seize a moment of opportunity to take control of
high -risk situations.
Purpose
To produce atmospheric over -pressure and brilliant white light and,
as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a
tactical advantage.
Authorized Use
Diversionary Devices shall only be used:
• By SWAT officers trained in their proper use.
• In hostage and barricaded subject situations.
• In high -risk warrant (search/arrest) services where there
may be extreme hazards to officers.
• During other high -risk situations where their use would
enhance officer safety.
• During training exercises.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force, NBPD Policy 408 —
Crisis Response Unit.
Appendix A Newport Beach Police Department
Military Equipment Inventory
Expected Lifespan
5 years
Fiscal Impact
Annual cost between $0 - $1,666, depending on usage
Flashbang Grenades
Category
12
Description
Combined Tactical Systems CTS 7290M NFDD
Initial Cost
$34 each
Year Acquired
Continuously, beginning 5 years ago
Current Quantity
11
Description/Capabilities
A Noise Flash Diversionary Devices (NFDD) is a device that
creates a bright flash and loud sound to temporarily divert the
attention of subjects in the immediate area. NFDD are used to
distract and temporarily incapacitate dangerous suspects by
overwhelming their senses of vision and hearing. The distraction
allows officers to seize a moment of opportunity to take control of
high -risk situations
Purpose
To produce atmospheric over -pressure and brilliant white light and,
as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a
tactical advantage.
Authorized Use
Diversionary Devices shall only be used:
• By SWAT officers trained in their proper use.
• In hostage and barricaded subject situations.
• In high -risk warrant (search/arrest) services where there
may be extreme hazards to officers.
• During other high -risk situations where their use would
enhance officer safety.
• During training exercises.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force, NBPD Policy 408 —
Crisis Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Annual cost between $0 - $376, depending on usage
Flashbang Grenades
Category
12
Description
Combined Tactical Systems CTS 7290-9 NFDD
Initial Cost
$55 each
Year Acquired
Continuously, beginning 5 years ago
Current Quantity
4
Description/Capabilities
A Noise Flash Diversionary Devices (NFDD) is a device that
creates a bright flash and loud sound to temporarily divert the
attention of subjects in the immediate area. NFDD are used to
distract and temporarily incapacitate dangerous suspects by
overwhelming their senses of vision and hearing. The distraction
allows officers to seize a moment of opportunity to take control of
high -risk situations
Purpose
To produce atmospheric over -pressure and brilliant white light and,
as a result, can cause short-term (6 - 8 seconds)
10
Appendix A Newport Beach Police Department
Military Equipment Inventory
physiological/psychological sensory deprivation to give officers a
tactical advantage.
Authorized Use
Diversionary Devices shall only be used:
• By SWAT officers trained in their proper use.
• In hostage and barricaded subject situations.
• In high -risk warrant (search/arrest) services where there
may be extreme hazards to officers.
• During other high -risk situations where their use would
enhance officer safety.
• During training exercises.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force, NBPD Policy 408 —
Crisis Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Annual cost between $0 - $276, depending on usage
Flashbang Grenades
Category
12
Description
Defense Technology 8901 NFDD
Initial Cost
$33 each
Year Acquired
Continuously, beginning 10+ years ago
Current Quantity
2
Description/Capabilities
A Noise Flash Diversionary Devices (NFDD) is a device that
creates a bright flash and loud sound to temporarily divert the
attention of subjects in the immediate area. NFDD are used to
distract and temporarily incapacitate dangerous suspects by
overwhelming their senses of vision and hearing. The distraction
allows officers to seize a moment of opportunity to take control of
high -risk situations
Purpose
To produce atmospheric over -pressure and brilliant white light and,
as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a
tactical advantage.
Authorized Use
Diversionary Devices shall only be used:
• By SWAT officers trained in their proper use.
• In hostage and barricaded subject situations.
• In high -risk warrant (search/arrest) services where there
may be extreme hazards to officers.
• During other high -risk situations where their use would
enhance officer safety.
• During training exercises.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force, NBPD Policy 408 —
Crisis Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Annual cost between $0 - $66, depending on usage
11
Appendix A Newport Beach Police Department
Military Equipment Inventory
Tear Gas
Category
12
Description
Combined Tactical Systems CTS 5230 CS Canister Grenade
Initial Cost
$51 each
Year Acquired
Continuously, beginning 5+ years ago
Current Quantity
50
Description/Capabilities
Large diameter burning canister that discharges a high volume of
smoke and chemical agent through multiple emission ports.
Specifically for outdoor use. Can be hand thrown or launched.
Discharge duration can reach up to 40 seconds. Chemical agent
munitions, which are commonly referred to as "tear gas," are used
by the Newport Beach Police Department as a non -lethal tool to
disperse rioting suspects and on barricaded suspects. The
Newport Beach Police Department uses chemical agents that are
used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS
is an irritating agent and lachrymator (irritates the eyes and causes
tears to flow). OC is an inflammatory agent that causes involuntary
closure of eyes (open in 2-5 minutes) and respiratory inflammation
(subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $1,752 annually, depending on usage
Tear Gas
Category
12
Description
Combined Tactical Systems CTS 5230B CS Baffled Canister
Grenade
Initial Cost
$51 each
Year Acquired
Continuously, beginning 5+ years ago
Current Quantity
17
Description/Capabilities
Pyrotechnic grenade designed for indoor use delivering a maximum
amount of irritant smoke throughout multiple rooms with minimal
risk of fire. Chemical agent munitions, which are commonly
referred to as "tear gas," are used by the Newport Beach Police
Department as a non -lethal tool to disperse rioting suspects and on
barricaded suspects. The Newport Beach Police Department uses
chemical agents that are used by law enforcement across the
United States: CS(2-Chlorobenzylidenemalononitrile) and OC
12
Appendix A Newport Beach Police Department
Military Equipment Inventory
(Oleoresin Capsicum). CS is an irritating agent and lachrymator
(irritates the eyes and causes tears to flow). OC is an inflammatory
agent that causes involuntary closure of eyes (open in 2-5 minutes)
and respiratory inflammation (subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $1,752 annually, depending on usage
Tear Gas
Category
12
Description
Combined Tactical Systems CTS 6340 OC Vapor Grenade
Initial Cost
$26 each
Year Acquired
Continuously, beginning 5+ years ago
Current Quantity
9
Description/Capabilities
This grenade delivers an invisible OC vapor and renders an intense
respiratory effect to a non -compliant subject. Chemical agent
munitions, which are commonly referred to as "tear gas," are used
by the Newport Beach Police Department as a non -lethal tool to
disperse rioting suspects and on barricaded suspects. The
Newport Beach Police Department uses chemical agents that are
used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS
is an irritating agent and lachrymator (irritates the eyes and causes
tears to flow). OC is an inflammatory agent that causes involuntary
closure of eyes (open in 2-5 minutes) and respiratory inflammation
(subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
13
Appendix A Newport Beach Police Department
Military Equipment Inventory
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $263 annually, depending on usage
Tear Gas
Category
12
Description
Defense Technology 1032 CS Grenade
Initial Cost
$25 each
Year Acquired
Continuously, beginning 10+ years ago
Current Quantity
5
Description/Capabilities
The design of the Tri-Chamber Flameless CS grenade allows the
contents to burn within an internal can and disperse the agent
safely with reduced risk of fire. Designed primarily for indoor tactical
situations to detect and/or dislodge a barricaded subject. This
canister will deliver approximately .70 oz. of agent during its 20-25
seconds burn time. Chemical agent munitions, which are commonly
referred to as "tear gas," are used by the Newport Beach Police
Department as a non -lethal tool to disperse rioting suspects and on
barricaded suspects. The Newport Beach Police Department uses
chemical agents that are used by law enforcement across the
United States: CS(2-Chlorobenzylidenemalononitrile) and OC
(Oleoresin Capsicum). CS is an irritating agent and lachrymator
(irritates the eyes and causes tears to flow). OC is an inflammatory
agent that causes involuntary closure of eyes (open in 2-5 minutes)
and respiratory inflammation (subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $127 annually, depending on usage
Tear Gas
Category
12
Description
Defense Technology MK9 Stream OC Aerosol
Initial Cost
$44 each
Year Acquired
Continuously, beginning 15+ years ago
Current Quantity
3
14
Appendix A Newport Beach Police Department
Military Equipment Inventory
Description/Capabilities
The MK-9 features an easy to use trigger handle, is intended for
use in crowd management and will deliver 14 short bursts of OC at
an effective range of 18-20 ft. This 1.3% MC OC aerosol product
utilizes a stream delivery method providing a target -specific, strong
concentrated stream for greater standoff. Chemical agent
munitions, which are commonly referred to as "tear gas," are used
by the Newport Beach Police Department as a non -lethal tool to
disperse rioting suspects and on barricaded suspects. The
Newport Beach Police Department uses chemical agents that are
used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS
is an irritating agent and lachrymator (irritates the eyes and causes
tears to flow). OC is an inflammatory agent that causes involuntary
closure of eyes (open in 2-5 minutes) and respiratory inflammation
(subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $132 annually, depending on usage
Tear Gas
Category
12
Description
Combined Tactical Systems CTS 4330 — CS Liquid 40mm projectile
Initial Cost
$23 each
Year Acquired
Continuously, beginning 5+ years ago
Current Quantity
18
Description/Capabilities
Liquid CS filled 40mm projectile penetrates intermediate barriers
and delivers irritant agents into an adjacent room. Chemical agent
munitions, which are commonly referred to as "tear gas," are used
by the Newport Beach Police Department as a non -lethal tool to
disperse rioting suspects and on barricaded suspects. The
Newport Beach Police Department uses chemical agents that are
used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS
is an irritating agent and lachrymator (irritates the eyes and causes
tears to flow). OC is an inflammatory agent that causes involuntary
closure of eyes (open in 2-5 minutes) and respiratory inflammation
(subsides in approximately 2 minutes).
15
Appendix A Newport Beach Police Department
Military Equipment Inventory
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $453 annually, depending on usage.
Tear Gas
Category
12
Description
Defense Technology 6320 — Direct Impact 40mm Crushable Foam
Round.
Initial Cost
$31 each
Year Acquired
Continuously, beginning 10+ years ago
Current Quantity
12
Description/Capabilities
The 40mm Direct Impact munition is a point -of -aim, point -of -impact
direct -fire round. An excellent solution whether you need to
incapacitate a single subject or control a crowd. When loaded with
OC powder, the Direct Impact combines blunt trauma with the
effects of an irritant powder, maximizing the potential for
incapacitation. Chemical agent munitions, which are commonly
referred to as "tear gas," are used by the Newport Beach Police
Department as a non -lethal tool to disperse rioting suspects and on
barricaded suspects. The Newport Beach Police Department uses
chemical agents that are used by law enforcement across the
United States: CS(2-Chlorobenzylidenemalononitrile) and OC
(Oleoresin Capsicum). CS is an irritating agent and lachrymator
(irritates the eyes and causes tears to flow). OC is an inflammatory
agent that causes involuntary closure of eyes (open in 2-5 minutes)
and respiratory inflammation (subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
16
Appendix A Newport Beach Police Department
Military Equipment Inventory
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $266 annually, depending on usage.
Tear Gas
Category
12
Description
Defense Technology 1260 — 40MM Ferret OC Barricade
Penetrating Projectile, Liquid
Initial Cost
$14 each
Year Acquired
Continuously, beginning 10+ years ago
Current Quantity
8
Description/Capabilities
The Ferret 40mm Round is non -burning and suitable for indoor use.
Used primarily by tactical teams, it is designed to penetrate
barriers, such as windows, hollow core doors, wallboard and thin
plywood. Upon impacting the barrier, the nose cone ruptures and
instantaneously delivers a small chemical payload inside of a
structure or vehicle. In a tactical deployment situation, the 40mm
Ferret is primarily used to dislodge barricaded subjects from
confined areas. Its purpose is to minimize the risks to all parties
through pain compliance, temporary discomfort and/or
incapacitation of potentially violent or dangerous subjects.
Chemical agent munitions, which are commonly referred to as "tear
gas," are used by the Newport Beach Police Department as a non-
lethal tool to disperse rioting suspects and on barricaded suspects.
The Newport Beach Police Department uses chemical agents that
are used by law enforcement across the United States: CS (2-
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS
is an irritating agent and lachrymator (irritates the eyes and causes
tears to flow). OC is an inflammatory agent that causes involuntary
closure of eyes (open in 2-5 minutes) and respiratory inflammation
(subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $113 annually, depending on usage
Tear Gas
17
Appendix A Newport Beach Police Department
Military Equipment Inventory
Category
12
Description
Defense Technology 1290 — 40MM Ferret OC Barricade
Penetrating Projectile, Powder
Initial Cost
$15 each
Year Acquired
Continuously, beginning 10+ years ago
Current Quantity
3
Description/Capabilities
The Ferret 40 mm Barricade Penetrating Round is filled with an OC
powder chemical agent. It is a frangible projectile that is spin
stabilized utilizing barrel rifling. It is non -burning and designed to
penetrate barriers. Primarily used to dislodge barricaded subjects, it
can also be used for area denial. Primarily used by tactical teams, it
is designed to penetrate barriers, such as windows, hollow core
doors, wallboard and thin plywood. Upon impact the nose ruptures
and instantaneously delivers the agent payload inside a structure or
vehicle. Chemical agent munitions, which are commonly referred to
as "tear gas," are used by the Newport Beach Police Department as
a non -lethal tool to disperse rioting suspects and on barricaded
suspects. The Newport Beach Police Department uses chemical
agents that are used by law enforcement across the United States:
CS(2-Chlorobenzylidenemalononitrile) and OC (Oleoresin
Capsicum). CS is an irritating agent and lachrymator (irritates the
eyes and causes tears to flow). OC is an inflammatory agent that
causes involuntary closure of eyes (open in 2-5 minutes) and
respiratory inflammation (subsides in approximately 2 minutes).
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include, but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only officers who have received POST certification in the use
chemical agents are authorized to use chemical agents. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force, NBPD Policy 408 — Crisis
Response Unit.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $44 annually, depending on usage.
PepperBall Launcher
Category
12
Description
PepperBall FTC pepperball launcher
Initial Cost
$412 each
Year Acquired
2021
Current Quantity
8
Description/Capabilities
The FTC pepperball launcher is a system that uses high pressure
air to deliver PAVA powder projectiles (similar to a paint ball
delivery system). System capable of launching projectiles at a
subject up to 60 feet away. System capable of area saturation up to
18
Appendix A Newport Beach Police Department
Military Equipment Inventory
160 feet away. Non -lethal option to offer law enforcement officers to
deliver chemical agents and kinetic energy impacts to subjects in a
potentially violent encounter. De-escalation tool used to avoid
further injuries or lethal options on a subject.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include but are not limited to:
• Self-destructive, dangerous and/or combative
individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be
obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only those officers who have been trained in the use of pepperball
launchers are authorized to use the pepperball launchers. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force.
Expected Lifespan
10 years
Fiscal Impact
Between $0 and $1,500 annually, depending on usage
PepperBall Launcher Projectile
Category
12
Description
PepperBall LIVE X projectile
Initial Cost
$237 per 90 rounds
Year Acquired
2021
Current Quantity
500
Description/Capabilities
The basic PepperBall projectile contains 0.5% pepper powder, and
is designed for direct impact and area saturation. Discharged from
a FTC pepperball launcher, the projectile has a velocity of 280-350
FPS. The projectile has a direct impact of 60 feet and an area of
saturation of 150+ feet. The projectile contains 0.5% PAVA Powder.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable. Situations for use of the less lethal
weapon systems may include but are not limited to:
• Self-destructive, dangerous and/or combative
individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be
obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
Authorized Use
Only those officers who have been trained in the use of pepperball
launchers are authorized to use the pepperball launchers. All other
applicable NBPD policies remain in effect, to include, but not limited
to, NBPD Policy 300 — Use of Force
Expected Lifespan
1 year
Fiscal Impact
Between $0 and $1,318 annually, depending on usage.
19
Appendix A Newport Beach Police Department
Military Equipment Inventory
Projectile Launch Platforms
Category
14
Description
Defense Technology 40LMTS Tactical 40mm Single Launcher
Initial Cost
$856 each
Year Acquired
Beginning 15+ years ago.
Current Quantity
38
Description/Capabilities
The 40LMTS is a tactical single shot launcher that features an
expandable ROGERS Super Stoc and an adjustable Integrated
Front Grip (IFG) with light rail. The ambidextrous Lateral Sling
Mount (LSM) and QD mounting systems allow both a single and
two point sling attachment. The 40LMTS will fire standard 40mm
less lethal ammunition, up to 4.8 inches in cartridge length. The
Picatinny Rail Mounting System will accept a wide array of
enhanced optics/sighting systems. The 40mm launcher is not a
firearm, but a less -lethal system that uses smokeless powder to
deliver 40mm projectiles from a safe distance. The less -lethal
launcher is capable of launching 40mm munitions at a subject up to
25 yards away. This less -lethal launcher is a single launcher, which
allows the Officer to assess after every spent munition. Less -lethal
launchers do not have an expiration date and will need to be
serviced or replaced when the launcher fails or breaks.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include,
but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force.
Expected Lifespan
25 years
Fiscal Impact
Between $0 and $1,000 annually, depending on usage.
Projectile Launch Platforms
Category
14
Description
Penn Arms PG5 40 mm Multi Launcher
Initial Cost
$3,336 each
Year Acquired
10+ years ago
Current Quantity
2
Description/Capabilities
The 40mm launcher is a less -lethal system that uses smokeless
powder to deliver 40MM projectiles from a safe distance. This piece
of equipment features a six -shot, revolving cylinder pump
mechanism capable of firing multiple rounds before reloading is
necessary. The less -lethal launchers do not have an expiration date
and will need to be serviced or replaced when the launcher fails or
breaks.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable.
20
Appendix A Newport Beach Police Department
Military Equipment Inventory
Authorized Use
Situations for use of the less lethal weapon systems may include,
but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force.
Expected Lifespan
No expiration
Fiscal Impact
Between $0 and $8,550 annually, depending on usage
Projectile Launcher Associated Munitions
Category
14
Description
Defense Technology eXact iMpact 40MM Standard Range Sponge
Round
Initial Cost
$34 per round
Year Acquired
Continuously, beginning15+ years ago
Current Quantity
200
Description/Capabilities
The eXact iMpact 40 mm Sponge Round is a point -of -aim, point -of -
impact direct -fire round. This lightweight, high-speed projectile
consisting of a plastic body and sponge nose that is spin stabilized
via the incorporated rifling collar and the 40 mm launcher's rifled
barrel. The round utilizes smokeless powder as the propellant, and,
therefore, have velocities that are extremely consistent. Used for
crowd control, patrol, and tactical applications. The munition is used
as a less -lethal device designed to de-escalate a potentially violent
encounter.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable.
Authorized Use
Situations for use of the less lethal weapon systems may include,
but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $6,800 annually, depending on usage
Projectile Launcher Associated Munitions
Category
14
Description
Defense Technology 6326 — Direct Impact 40mm Marking
Crushable Foam Round
Initial Cost
$31 each
Year Acquired
Continuously, beginning 10+ years ago
21
Appendix A Newport Beach Police Department
Military Equipment Inventory
Current Quantity
4
Description/Capabilities
The 40mm Direct Impact munition is a point -of -aim, point -of -impact
direct -fire round. An excellent solution whether you need to
incapacitate a single subject or control a crowd. When loaded with
a green marking agent, the Direct Impact can be used to indicate
the aggressor in a crowd or riot situation to the team on the ground.
Purpose
To limit the escalation of conflict where employment of lethal force
is prohibited or undesirable and to clearly indicate individuals
committing or instigating unlawful activities.
Authorized Use
Situations for use of the less lethal weapon systems may include,
but are not limited to:
• Self-destructive, dangerous and/or combative individuals.
• Riot/crowd control and civil unrest incidents.
• Circumstances where a tactical advantage can be obtained.
• Potentially vicious animals.
• Training exercises or approved demonstrations.
All other applicable NBPD policies remain in effect, to include, but
not limited to, NBPD Policy 300 — Use of Force.
Expected Lifespan
5 years
Fiscal Impact
Between $0 and $263 annually, depending on usage
22
STATE OF CALIFORNIA ;
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2022-15 was duly introduced on the 141h day of June, 2022, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 28th day of June, 2022, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of June, 2022.
"V� Fyn
t
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-15 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: June 18, 2022
Adopted Ordinance: July 2, 2022
In witness whereof, I have hereunto subscribed my name this day of July, 2022.
y Leilani I. Brown, M C
City Clerk
City of Newport Beach, California