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2022-014 MV Equipment EnforcementDate: February 25, 2022 Report No. 2022-014 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Motor vehicle equipment enforcement EXECUTIVE SUMMARY: A request for information about Denton Police Department enforcement of equipment violations and dispositions was received from Council Member Armintor on February 11, 2022. This Informal Staff Report provides Mayor Hudspeth and Council information on where enforcement authority originates from as well as information on traffic stops from the 2021 Annual Traffic Contact Report. DISCUSSION: For well over three decades, the policy of the Denton Police Department has been to educate the motoring public regarding traffic regulations. This approach is facilitated through education programs as well as enforcement of those regulations on the street. Enforcement of traffic regulations may consist of verbal warnings, written warnings, citations, and/or physical arrests. The intention of these efforts is to achieve voluntary compliance of the motoring public with these traffic regulations. When delving into the authority that the Denton Police Department has for enforcement of traffic regulations, it begins with statutory authority. Officers of the Denton Police Department are recognized, by definition, as Peace Officers in Art. 2.12 of the Code of Criminal Procedure. As part of this recognition, they are granted the ability to regulate traffic under Section 541.002 of the Transportation Code. Under the City of Denton Municipal Ordinances, Section 23-1, officers are invested with the power and authority given to them as peace officers to enforce all City of Denton ordinances and regulations within the corporate limits of the city. The majority of equipment-related regulations within the city fall under State law. The State takes the viewpoint that having mechanically safe vehicles on the roadway equipped with identified pieces of equipment is beneficial for the safety of the motoring public. When an officer makes a stop on a vehicle for a violation, that identified violation is the first item of business for the officer to resolve. If the equipment violation is the only violation discovered and the driver has a current license along with proof of financial responsibility, then a warning may be applicable. It should be noted that equipment-related offenses are ones that can be dismissed by the court if the defendant remedies the defective equipment prior to their first court appearance and pays a reimbursement fee, not to exceed $10 (Sec. 547.004 Transp. Code). Once contact with the driver of the vehicle stopped is made, officer observations and investigations can have an effect on the outcome of the stop. If once contact is made, the officer makes other observations that warrant additional investigation for other violations, potentially criminal, then it is quite possible that the driver may be arrested from a stop that began with an equipment violation. Examples of these type of offenses may be Driving While Intoxicated (DWI), weapons offenses, narcotics violations, or outstanding warrants. Furthermore, if the Date: February 25, 2022 Report No. 2022-014 officer determines that the violation warrants a citation, but the officer is unable to positively identify the driver, or the driver refuses to sign the citation (promise to appear), an arrest may be made to bring that person in front of a magistrate immediately. Section 543.001 and 543.005 of the Transportation Code provides the authority for this outcome. As a part of the Annual Traffic Contact Report, there were 12,018 traffic stops conducted by the Department. The report shows 2,281 traffic stops were for issues related to equipment violations. From the information available from the Annual Traffic Contact Report, the following disposition for the overall number of traffic stops showed the following: • Verbal Warning – 5716 • Written Warning – 1361 • Citation – 4152 • Written Warning and Arrest – 5 • Citation and Arrest – 62 • Arrest – 722 o Arrest Based on Violation of Traffic Law – 40 These numbers indicate a very low percentage of traffic stops for violations of traffic law that resulted in arrests. The department continues to utilize our social media channels and the City of Denton Communications team to facilitate the sharing of pertinent information related to traffic safety and will continue in this effort. Please feel free to reach out to me if you have any questions or concerns. STAFF CONTACT: Frank Dixon, Chief of Police / Interim Assistant City Manager 940-349-7925 Frank.dixon@cityofdenton.com REQUESTOR: Council Member Deb Armintor STAFF TIME TO COMPLETE REPORT: 4 hours