Explanation
This ordinance codifies items as prohibited that were initially included in President Barack Obama’s Executive Order 13688, “Federal Support for Local Law Enforcement Equipment Acquisition.” The executive order, which has since been revoked by President Donald Trump, sought to identify and prohibit or control the use of certain equipment in order to mitigate the militarization of law enforcement agencies.
Title
To amend chapter 217 by creating new section 217.051 of the Columbus City Codes to restrict the acquisition and possession of certain law enforcement equipment by the City of Columbus; to require the disposal of any currently owned equipment under new section 217.051; and to amend Chapter 329 of the Columbus City Codes. (AMENDED BY ORD. 2103-2020; PASSED 9/14/2020)
Body
WHEREAS, on January 16, 2015, President Barack Obama issued Executive Order 13688, “Federal Support for Local Law Enforcement Equipment Acquisition,” to identify actions that can improve Federal support for the appropriate use, acquisition, and transfer of controlled equipment by state, local, and tribal law enforcement agencies; and
WHEREAS, among the provisions within the President’s executive order were lists of prohibited and controlled equipment that law enforcement agencies could acquire with federal funding; and
WHEREAS, prohibited equipment includes tracked armored vehicles, high-caliber weapons and ammunition, camouflaged uniforms, and other items of a militaristic nature; and
WHEREAS, Columbus City Council is in support of President Obama’s conclusions following the 21st Century Task Force on Policing, and that the substantial risk of misusing or overusing these items, which are seen as militaristic in nature, could significantly undermine community trust and may encourage tactics and behaviors that are inconsistent with the premise of civilian law enforcement; and
WHEREAS, the City of Columbus is committed to changing how we police our neighborhoods and moving toward a community-based model that works for all; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That chapter 217 of the Columbus City Codes is hereby amended.
SECTION 2. That new section 217.051 of the Columbus City Codes is hereby enacted, reading as follows:
Section 217.051 - Prohibited Law Enforcement Equipment
The acquisition and/or possession of the following law enforcement equipment, for use by the division of police or any other City entity, is prohibited:
(A) Tracked armored vehicles, or any armored vehicle that utilizes a tracked system instead of wheels for forward motion;
(B) Aircraft, vehicles, or watercraft upon which any weapon is mounted;
(C) Firearms of .50 caliber or higher;
(D) Ammunition of .50 caliber or higher;
(E) Grenade launchers, or any firearm or firearm accessory designed to launch small explosive projectiles;
(F) Bayonets;
(G) Camouflage uniforms;
(H) Manned fixed wing aircraft;
(I) Riot batons, or any non-expandable baton of length greater than twenty four (24) inches; and
(J) Signal blockers, or any device the purpose of which is to interfere with communication by mobile devices.
SECTION 3. That Section 329.34 of Columbus City Codes is hereby amended as follows:
329.34 - Sale of city-owned personal property.
(a)All personal property of the city no longer needed for public use shall be sold by the director of finance and management or designee upon written recommendation of the director of the city agency having control of such property. Such property shall first be offered for sale or transfer to any other city agency at its present value. If not sold to another city agency, such property shall be sold to the highest bidder in a manner prescribed by the director of finance and management or designee.
(b)All personal property of the city no longer needed and of value due to its recyclable materials content may be collected by the city or its contractor and may be sold to the highest bidder in a manner prescribed by the director of finance and management or designee.
(c)If after conducting the process in subsection (a) or (b) no successful bidder is identified, the property may be disposed of in a manner determined by the director of finance and management if the director or designee determines that the item has no resale or salvage value. If after conducting the process in subsection (a) or (b) no successful bidder is identified, the property may be offered as a donation to a charitable organization, if the director of finance and management or designee determines that the item has some value. The manner of donation shall be prescribed by the director of finance and management.
(d) The provisions of this Section do not apply to any equipment included in Section 217.051 of Columbus City Codes.
SECTION 4. That any equipment included in Section 217.051 of Columbus City Code that is currently the property of the City of Columbus shall be disposed of within 60 days of the effective date of this ordinance, and that such disposal shall be in accordance with any current applicable laws and in a manner that renders it permanently unusable. This requirement to dispose of equipment does not apply to camouflage uniforms.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.