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HomeMy WebLinkAboutR2002-043RESOLUTION NO. ~00~-0 ¢~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE DENTON POLICE DEPARTMENT'S PARTICIPATION IN AN INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES IN THE GREATER DALLAS-FT. WORTH NORTH TEXAS AREA FOR THE PURPOSE OF COORDINATING A LAW ENFORCEMENT RESPONSE TO THE EMERGENCY CONDITIONS CAUSED BY VEHICULAR PURSUITS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to contribute to the protection and safety of citizens in this City and in surrounding communities; and WHEREAS, the legislature has authorized the formation ofinterlocal assistance agreements between and among the cities and their law enforcement agencies; and WHEREAS, the City of Denton wishes to participate in an interlocal assistance agreement among local law enforcement agencies in the greater Dallas-Ft. Worth North Texas area for the purpose or providing and receiving law enforcement assistance; and WHEREAS, the City of Denton and other local law enforcement agencies have tentatively approved an Interlocal assistance agreement to be known as the Greater Dallas- Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City Manager or his designee is hereby authorized to execute the attached "Inter-Jurisdictional Pursuit Policy Agreement." SECTION 2. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Denton, and it is accordingly so resolved. PASSED AND APPROVED on this the /7~'~ day of ~.,O~-~DTff4~,~, 2002. EUL1NE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 Pursuit Agreement, page 1 INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT General Considerations If the reason or nature of a pursuit is in conflict with an agency's pursuit policy, that agency may dectine to participate in the pursuit even though that agency's assistance has been requested. Any agency involved in the pursuit may, in its discretion, choose to terminate its involvement in a pursuit at any time. The purpose and intent of this agreement is to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits. This agreement is not to be construed to limit the legal authority of any law enforcement agency or officer. Nor is this agreement to be construed to impose any standard of conduct or care upon any officer or agency beyond that existing under applicable law. This agreement is intended by the participating agencies to be in full force and effect as the general order of each such participating agency. Notifications A. Before entering another jurisdiction, or as soon as practical, the pursuing agency will, if reasonably possible: notify the other jurisdictional agency of the following information: 1. A pursuit has entered or is about to enter their jurisdiction. 2. The location and direction of travel. The pr/mary offense for which the vehicle and occupants are wanted. The vehicle hcense number and complete description of vehicle and occupants. The number and description of pursuing units as well as their relative location to the vehicle being pursued. 6. Whether or not assistance is needed. As appropriate, the initial agency will notify the jurisdictional agency that the pursuit is: (1) leaving the jurisdiction; (2) has been discontinued; or, 3) has ceased and of the ending location. Pursuit Agreement, page 2 Control of the Pursuit The initiating agency will have control of and will be responsible for the pursuit. Other agencies will not participate unless requested to assist. A total of no more than three (3) vehicles from the combined jurisdictions will be involved in any pursuit unless the controlling supervisor from the originating agency requests or approves additional assistance. At least one of the three involved units should, if practical, be a supervisor. One additional unit from the jurisdiction through which the pursuit is proceeding may trail the pursuit by keeping the pursuit in sight from a distance to assist officers ifneeded. Prohibited Practices The intentional use of roadblocks designed to stop the pursued vehicle unless necessary to protect against the imminent death or serious bodily inju~ to an officer or another-person. Intentional bumping or ramming of the pursued vehicle unles~ necessary to protect against the imminent death or serious bodily injury to an officer or another person. Intentionally forcing the pursued vehicle offthe roadway unless necessm-y to protect against the imminent death or serious bodily injury to an officer or another person. Pursuing a vehicle the wrong way on a one-way street or the wrong way on a divided roadway. Shooting at the pursued vehicle, unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. Deployment or use of "stop sticks" or "road spikes" unless the officer deploying the device has been appropriately trained in said deployment and the deploying officer is authorized to deploy the device by his employing agency. Pursuit A~reemcnt, pa~e 3 Responsibilities A. Initiating agency 1. Arrest and custody of the persons charged. 2. Arraignment of arrested persons. 3. Disposition of any passenger. 4. Disposition of the arrested person's vehicle. 5. Coordination of all reports related to the arrest, citations and criminal charges. Agency of Primary Jurisdiction Reporting of any traffic collision(s) that occur as a result of a pursuit. As a matter of professional courtesy, a supervisor from the agency where the pursuit ceases will respond to the location to offer immediate assistance at the scene and to determine any pertinent information regarding the pursuit. On behalf of the Agency or Entity reflected below, I agree to follow the terms and conditions of this Agreement. Part~p-a'ti~gr, 1/ . ~A~'~ a~d C~-t~ Manager or his designee Chief Law Enforcement Officer c~ his designee Charles Wiley Printed name Chief of Police Title Date