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HomeMy WebLinkAboutReso 1988-13676 RESOLUTION NO. 13676 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING POLICE DEPARTMENT VEHICLE PURSUIT POLICY The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on January 1, 1988, Vehicle Code Section 17004.7 was amended to provide immunity from liability for civil damages for personal injury, death or property damage caused by a vehicle which is being pursued by a peace officers, and WHEREAS, this immunity is subject to an agency's adoption of a formalized Vehicle Pursuit Policy which meets some minimum policy requirements, and WHEREAS, the Police Department has adopted such a policy and to ensure compliance with the new law requiring formal adoption of the policy, would also like the Council to adopt the policy. NOW, THEREFORE~ BE IT RESOLVED that the City Council of the City of Chula Vista does hereby the Police Department Vehicle ~ursuit Policy attached hereto as Exhibit "A" and incorporated ~rein by reference as if set forth in full Presented by Approved as to form by \ William. J. W of llc a e) 4349a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ;HULA VISTA, CALIFORNIA, this ]:..,gth . day of. July 9 88 , by the following vote, to-wit: ~YES: Councilmen | Malcolm, Moore, McCandliss, Nader ~/AYES: Councilmen: None ~,BSTAIN: Councilmen: None ~BSENT: Councilmen: cox ~TTE:S~__~~, ~ MAYOR PRO TEMPORE City Clerk ;TATE OF CALIFORNIA ) :OUNTY OF SAN DIEGO ) ss. ;ITY OF CHULA VISTA I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio, HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of RESOLUTZON N0. 13676 ,ond thor the some hoe not been oreended or repeoled. ~ATED City Clerk ,'C-660 - MpT DATE: May 12I J__98__8_ GENERAL ORDER NO. 88-9 SUBJECT: Vehicular Pursuit Policy An~ended As of 111188, Section 17004.7 CVC, Public Liability, betare,: effective. Thl'j Section provide~ in'~munlt'F to a l~ubllc entity frcm civil liability for personal dam~j~s, de,]th or property dai,~age result],ng ~ron~ 4 collision with a vehicle driven by an actual or suspected law violator pursued by a Peace Officer if the public Mmployer adopts ~ policy with spec~.fied minLmum star~dards ~or ~a~ pursuit. In order to ~e In full compliance with this law, the Departmelst 1~ now l~Muing thi~ Amended Vehxcular P,]r~uit Pollcy which will replace Section the Police Manual. P~ L~ ~ 'to pur~ue all violators who~ e~cap~ would ]¢,np~rclize publ],' ;~af~ty, whenever such pursuit can be aCcompll~hed without unreasonably endangerin,] the officer or th,~ l~ubltc. DEFI NITION An event involving one or more law enforc.~ment at~empting to apprehend a suspect operating .~ mutor v,~htcl~, who is trying to avoid arrest by u. Xng hiqh or other evasive tactics. PURSUIT REQUIREMENTS Whenever an officer b~come~ involved vehicle that fai]~ to stop for the officer'~ emergency light. a[,~ siren, the officer shall ~ediat. ly notify dispatch of th~ following information~ 1) Description of the vehlcl~ b,iing puriued, including: a) LiceriMe number b) Color and Make c) Nu~r occupantM and any d~Mcriptlon 2) Reason for th~ pursuit including crx~..~z 1nvolved 3) Direction of travel, ROAD CONDITIONS, s[)eeds involved 4) The LCO shall insure that the Watch Co~and,~r or Field Sergeant is aware of th~ pursu/t 5) A supervisor shall monitor the pu~-sult by radXo unti~ Its conclusion CONTENUANCE OF PURSUITS 1) Law violators cannot be allowed to escape at will sip, ply because there is some threat to the safety of others. Pursuit should be initiated and continued whel~ such threat to safety is not out of proportion to the offense or offenses involved. If there Is a reauon to believe the fleelnq~iuspects [epresent a s~.r~ous t~reat l'o public safet~ should ~?.~.h~kt. ~hq~..~..~U2.~..~P/t~. ,:yen tho~Jgh the hazards are greater th4~ normal. Department members are ~xpected to uso sound judgment In deciding whether not the threat to Mafu[y of further pursuit outw,3ighs the b~ne~[t to the pub].ic should th(~ ,Irr[u~ b.l made. 2) Under most ctrcum~tanc~N, pursuits should be discontinued when: a) Ill the member'~ opinion a ~Q~iol]~ ha~azd pre~ent to the public and/or pursuing memberS.) which over~hadow~ the n~ed to arr~s~/identify the fleeing ~uspect. b) The pursued vehicl~'. location i. no longer definitely known. c)The subJ~ct(~) can be identified to th,~ potnt where lat~]r appr~hon~lon can b,~ accompll~h~.d. d) The member is unfamiliar with th,, area nnd unable to r~lay his or her location [o the dispatcher and/or other re~pondlng un~t~. e) Any of the unit's required emergency equipment (including radio) c~a.e. to function properly TE~INATION OF PURSUIT 1) A supervisor shall order the pursuit unit to terminate the pursuit if they believ~ that to continue would be unduly hazardou. to the officers and/or th~ public. Whenever po~sible, ~uperviMor. should make termination order decisions from actual field observation~. 2) Pursuing officers will not walt for a co~and to call o~f a cha.~ but will ~ ~xp~ct~d take that action themselves whom the [>aLt:cular circumstances fall under the provisions o~ regulati 3ns . JUSTIFICATION FOR PURSUIT A high speed pursuit shal t unl/ b,' ,.~>.~hF-~,,d whm, n ~ucapo of the person (s) bei:~q pursu~d poses a :~ez threat to public safety. Examples would include: murder, rape, armed assault, or an extremely err{]~lc driver. Traffic violations alone seldom pursuit. The risk of injury to the officers and/or the public simply are not outweighed by the gravity of the offense. This policy ~ even include: ing a felon to escape. An example would b,: the auto thefL suspect when it j.s appar~:nt that the vehicle is being used to transport un,Jocum~:ntcd aliens only. Piersuing violators who are o[ler.~ting rilotorcycies is specifjcaily i]iscouragcd l~n[ess the motorcyclist, ls known to have conunJtt.~,d a violent felony or has conunjtted a felony and is belh:v,:d to be ,if reed. PRIMARY PURSUIT UNIT Th~ unit which initiates the pursuit unh~.:l r,:li,~vnd by another unit. ASSISTI~G UN1TS No more th,~n two police vehicles (primary and assisting unit) plus a ~upervisor shall be ,~ctivoiy in pur'~uit o~ a violator or operate at pur~utt To be in pursuit the unit must have both li{jht~ siren activated and have visual sight w].th th,~ vehicle. A second pursuit unit [nuxt also h~v~ contact with the primary unit. Additional unit. should attempt to position th,~mselves at points in anticipation of assisting when the suMp,~ct is stopped or becoming the primary unit tf th.~ unit loses the suspect Or becomes disabled. MOTORCYCLE UNITS If a motorcycle unit initiates tile pursuit, that ueit will abandon the pursuit as .~oon as a mark,~d unit in position to take the primary '~csition. UNMARKED UNIT Will follow the same policy as motorcycle unlt:~, under no circumstances will unmarked units pursu,e vehicles for misd{:meanor violations. RESERVE UNITS If a Reserve Officer becomes involved ~[] a pur:~ult, they shall relinquish the pursuit as soon as practical to regular unit. - 4 PURSUIT:; BY OTHER AGENCIES Unl~.'ss Hpecifically authorized by the Watch Cemmander or Serge~Dt, no units will loin in an active pursuit by another law enforcem~,'nt agency. This does not preclude a unit from being asslnged to a point of ddvantage Or to the scene of the termlnat[o~ of Fu a~ E.rJ~12 ~ '3P.j,~P3.U s ~__L. '2 ~f7'~. All dgencl~s ~n the Cout~t7 hav{~ adopted the County t~ursuit Policy which sets forth th~ following: 11 "General]y rhu du<~nc7 initiating the pursuit Jurisdiction. The initial pursuing officer shall b~ respon~ibl~ for h.~ving his dispatch c~nt~r notify th{) a]]ie,J ,~gen,ry whose jurisdiction h,~ is entering, th~ direction and rout~ of pursuit, Such notification is not to be consid~r~.d a formal request for the al~[~iq~ncy to 3oin or a~um,~ responsibility for th~ pursuit. It Is a matt,~r protocol. Th~ initial pursuing officer or him ~up.~rvi~or w[ll d~t~rmine wh,~ther the allied agency .hould requested to assist or ,~s~um~ r~Mponsibllity tot the pursuit. If the initiatjng agency re]inqui.he~ r~sponsibllity for th~ pursuit to an a..uminq agency, the initiating agency shall then abandon should r~main availablu for coordin{~tion ol information in the uvent that the ~u.puct subsequently appr,~hend~d. The allied agency will assist the inxti.~tinq agency only by r~quest and will assume r~sponsibtlity for VEIIICLE OPE~TION 1) Assisting allied agency personnel will not special tactics (i.~., road blocks, chann{~lizat[on, etc.) witBout buing roqu~stud to do so, and nuv,~r without first advising the {~gency directly in the pursuit of their intentions. N{~ HURl'RISES 2) If the ag~ncv dir~ct]y inw~lv,~d ~n th,~ pursuit that an allied agency resort to the use of tactics, (i.e., set up a road block, utc,) allied agency will advis,; the r,.'questlng agency if they cannot comply with th,~, request (i.e., the allied agency department policy may prohibit members from employlng such t.~ctics). 3) Po]iCy governf~g "boxing-in," "road blocks," channelization" and "use of firearm{s" is the sole responsibility tor each indlvldual d~ency." AERIAL SURVEILLANCE Maximum use of law ~r~for~emcnt aircraft uhou]d b~ mdd~ ,=S quickly a~ possible. The air cr~w will notify dispatch ~S soon a~ t~ey are in posltion to follow the r~Uf~pcCt v~hicl~:. '['h~ ~lrcraft then become~ the pursuing unlt, for as loz~g ~. it IS physically able [o do so. will be resp,~nlfbl~ for coordinating t. he ground units order that they may ~ff~ct th~ arrest. If th~ .lit unit i~ unable to con~inu~ the pursuit du~ to fuel, ~r weather, they will notlfy ground units prior to relinquishing the primary purlujt unit. SOUTHBOUND F~EEWAY PURSllIT POLICY In order to give warning to MeXican authorities ~n~.~ to provide them an increased degree of safety, the following policy shall bo followed~ When it appear. thai suspocts may flee ,~cros. International Border, th~ Border Patrol will b{~ by dispatch who will In turn advlse the M~xica[~ Under no circumstances will pursuing unit: from thl~ agency cross the International Border. SHOOTING AT VEHICLES Shooting at fleeing vehicles is discouraged ,,nd permissible only when d~adly forco i~ nec~M.ary ,~nd accordance with the D~partm~nt Shooting Policy. The driver/ officer shall not fire u~]d~r any circum~tdncuM whi[~ in driving the police vehicle. BARRICADING ROADWAYS OR RAMMING SUSPEC'~ '.'F~!CLES Thi~ action is extremely hazardous under th~ [noMt optimum of conditions. It is strongly discouraged and should used only in the most exceptional s[tudtlonn. PURSUIT GUIDELINES 1) In all pursuit sltuatlons uxtrem~ c,~ut~on ~houl~] be - 6 practiced to provide the maximum amount of protection for you, your partner, and the motering public. Particular care should be taken when involved in pursuit driving upon congested roadways. 2) Anytime an Officer engages in pursuit, and particularly when such occurs upon cong~stcd roadways, the officer must consider the following: a) Pursuit, or continued pursuit, must be co~nerlsu[ate with the serl. ousness of the known offense. (Probable cause and reason- abls grounds must be the criteria for felony and misdemeanor). b) The type of roadway - width, sight distance present conditions (wet, dry, fog, etc.) and the number and type of intersections. c) The potential hazard you create for yourself, your follow officers, pedestrians and other drivers when you are involved in pursuits. 3) Pursuit shall be accomplished at speeds which take i~]to consideration the type of roadway and prev~iling traffic conditions. In no event shall pursuit begin or continue where it presents an immediate and present danger to the life of police personnel, the motering public or pedestrians. 4) It is not the intent of this order to discourage members from carrying out their responsibilities ao to the apprehension of fleeing motorists; however, in all cases of high-speed driving, the safety of yourself, your fellow officers, and members of the public should be kept upper- most in your mind. 5) Safety rule~ to be followed during emergency vehicle operation: a) Keep your speed at a lrv'.l ~iich will enable you to avoid hazarus ~hich you anticipate by being alert and 13xercls- ing du~l care. b) Don't follow inkedlately behind another vehicle and then suddenly blast the siren. The motorist may rapidly apply his b~akesl C) Don't pass On the right while using trle lights/siren unless no oth~:r course is available and then only when you are reason- ably sure that the car you are f~asslng will not drive to the right as you art passing. d) Drive with due regard for the safety o~ all Fersons using the highway. e) When driving at high r, peed wlth red light and siren, keep near the center of the road- way so oecoming vehicl{,s can see the red lights approaching. f) The law giv,:s you the r~ght-of-way when your siren a_D_d- red l~ghts are In op,:r,~tion, but you must give the motorist and pedl~strl~n the o~portunity to yield to you. g) Check your b,~. t first each day for changes and hazards. An lntim,~te knowl.:d{/e el '/our beat and your (and your car's) 1fmitationn are to your advantage. h) Dol~'t hesitate to ask for assist,~nc~,, w,: operate as a team. The zadio giv~l~ you mobility. Advise your route, ~pe~:d, .~nd describe your suspect and v,mhicle. i) If involved in an accident, notify patrol supervisor at oncu. Dor~'t ~tatements pending the patrol sup,~rv~sr~r's arrival. LEGALITY OF O~TICERS ' ACTIONS 1) A peace officer driving a vehicle must ~:omply with normal "rules of th~ road" governing driving. The Officer l~ exempt from following these rules while driving in response to an emergency call or in i~nediate pur'3uit of an actual or suspected violator of the law and the vehicle is souI~ding a siren and displaying a lighted red lamp visible from the front. (Vehicle Code Section 21055). The exemption from following normal "rules u[ ~he road" does not relieve the driver of a veh~cie from the duty to drive with due regard for the safety of persons using the highway or prot{!_-t ar~ officer from tht~ consequences of ae arbitrary exercise of the privileges ~'xulnptiE~g the officer from normal driving rules. (Vehicle Code Suction 21056, 21807). A peace officer operating an authorized emergency vehicle in the line of duty response to an emergency call or immediate pursuit of an actual or suspected violator of the law, will not be personally liable for civil damages dye to the personal injury to or death of any person or damage to property resulting from the operation the vehicle. (Vehicle Code Section i7004). A peace officer may still be personally liable, and/or expose the offic~r's employer to liability for civil damages due to the death or lnlury of a person Or danl~e to property pro×lmately caused by a negligent or wrongful act or omission in the ~peration of any motor vehicle not in a pursuit i~ltuation by an employee acting within the scope of employracist (Vehicle Code Section 17001). WJW/amh Sworn Personnel Man, Rev, Watch Cmdr, Man. (Rev. 5/88)