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Home My WebLink About1992-09-08; City Council; 11883; APPROVAL OF POLICE VEHICULAR PURSUIT POLICY1 4 43 0 oe Lh. 9 3 2 0 E 4 d 0 z 3 8 ClBOF CARLSBAD - AGENbBILL APPROVAL OF POLICE VEHICULAR DEP PURSUIT POLICY cin AB$#- TU MTG. 9- 8 -?a DEPT.cA ClTl RECOMMENDED ACTION: If the Council concurs, adopt Resolution No. 98-280 , approt a police vehicular pursuit policy. ITEM EXPLANATION Vehicle Code section 17004.7 provides that a public agc employing peace 'officers which adopts a written policy vehicular pursuits containing certain minimum requirement: immune from liability for civil damages for personal injur: or death of any person, or damage to property, resulting 1 the collision of a vehicle being operated by an actual suspected violator of the law who is pursued by a PC officer in a motor vehicle. The policy must include provisions for: 1) supervis control of the pursuit; 2) procedures for designatin primary pursuit vehicle and for determining the total nur of vehicles permitted to participate in the pursuit; procedures for coordinating operations with 01 jurisdictions; and 4) guidelines for determining when interests of public safety and effective law enforcer justify a vehicular pursuit and when a vehicular pur: should not be initiated or should be terminated. The policy recommended for adoption by the council has bee effect in the form of a police department directive s: December 14, 1987. A recent case indicates that the law require the city council, rather than the police chief, adopt the policy in order for the city to claim the immun Therefore, the city attorney recommends that the council ac the policy, and the police chief concurs. FISCAL IMPACT The adoption of this resolution could shield the city liability for damages in an unknown, but potenti( significant, amount. EXHIBITS 1. Resolution No. 92-880 2. Exhibit A 66Lk~ oep Ofk&.Ip 1 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 I.5 16 17 l8 l9 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING POLICE VEHICULAR PURSUIT POLICY WHEREAS, it is the intent of the city to provide to police officers in the event of a vehicular pursuit safe, responsible and justifiable actions will result in conduct of vehicular pursuits by its peace officers; and WHEREAS, it is the intent of the city to adopt that complies wi-th and fulfills the requirements of C Vehicle Code section 17004.7, or any successor statute civil immunity from liability arising out of police purs WHEREAS, the police department has recommc adoption of a departmental directive containing a polic safe conduct of vehicular pursuits. NOW, THEREFORE, BE IT RESOLVED by the City Couni City of Carlsbad, California, as follows: 1. That the above recitations are true and cc 2. That the Carlsbad Police Department attached as "Exhibit A" is hereby adopted as the Vehiculi Policy of the City of Carlsbad. I .... .... .... .... .e.. .... .... L 1 2 3 4 5 6 7 8 9 10 11 12 00, SUI%? ?$z 13 <a8 Ow8 ALL, 14 $035 15 ab58 <>mu zwcn >-A2 9 OOlL #ai E:; CY$ 17 oZJu- 16 ““%a 401 u” 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED at a Regular Meeti day 0: city council of the City of Carlsbad on the 1992 by the fallawing vote, to wit! 8th AYES: Council Members Lewis, Kulchin, Larson, Stanto1 NOES: None ABSENT: None ATTEST: ALE-iuTENK-&k 8. 7 2 f DEPARTMENT DIRECTIi PATROL/TRAFFIC 4.5 Oecr PURSUIT DRIVING/ROADIAY BARRICADES SUPERCEDES AND REPLACES 4.5 dated December 11, 1986 PURPOSE - It is the intent of this policy to provide guidance to officers in the e\ speed pursuit so that safe, responsible and justifiable actions will resL conduct of vehicular pursuits by peace officers. In adoptina this policy further intent of the Department that this policy complies with and fulfi requirements of California Vehicle Code Section 17004.7 effective January any successor statute, providing civil immunity in certain circumstances arising out of policy pursuits. POLICY 1. General The Department desires that all violators be apprehended whenever it with regard to existing conditions. It is not, however, expected th; pursued to the point where the life of the officer, violator or other in jeopardy. The decision to continue a pursuit mst be constantly e the risks the pursuit represents. In those situations where h suspec pursued for traffic offenses only, it cannot be assumed that he has d a felony. The continued pursuit of a traffic violator must be evalua misdemeanor and not predicated on any unsubstantiated belief that the not be fleeing if he were not guilty of a more serious crime. Pursuits shall be conducted in accordance with the guidelines of the policy on operating police vehicles. Apprehending the offender shoul the goal of safety during a pursuit. consideration of the offense for which the violator is beina *oursued 2. Procedure A. Officers intending to stop a vehicle should, when possible, be in proximity to the violator's vehicle before activating red liqhts effect the stop. This will tend to reduce a suspect's belief tha successful1 evasion of the police contact is possible. 1 Form #le1 CARLSBAD POLICE 3 'ARTMENT 0 i DEPARTMENT DlRECTlVl PATROL/TRAFFIC 4.5 Decemt PURSUIT DRIVING/ROADIAY BARRICADES I 8. In the event a pursuit is. initiated, the initial unit shall maintaj. responsibility unless relieved by a supervisor. The officer shall notify dispatch of the vehicle, description, direction of travel an involved. Dispatch shall notify allied agencies when appropriate. C. Pursuit units should normally be limited to two. Variations of thi shall be.at the direction bf a Police Supervisor or the initial pur When a second unit joins the pursuit, the second unit should take a communications, thus freeinq the initial unit to concentrate on dri supervisor shall monitor the pursuit and when able to do so, respon area of pursuit to provide any assistance necessary. In the event a pursuit enters another agency's jurisdiction, the or agency shall maintain responsibility for the proqress of the pursui allied aqency will assist the initiating aqency only by specific re will provide only the.specific services reauested. E. Ramming vehicles: 0. Recause of extreme hazards and risk of infury tr suspects and innocent citizens , the following methods of attemptinc fleeing vehicles are generally prohibited: (1) s Attempting to force the suspect vehicle from the roadMay by dl alongside or in front of the suspect. Attemptina to slow or stop the suspect vehicle by positioninq unit directly in front of the suspect vehicle. (2) (3) "Bumping" or "ramminq" the suspect vehicle in an effort to for the roadway. - f. On rare occasions, the above methods may be the only practical mean the stop of a fleeing vehicle. The above methods should only be cc when the immediate apprehension of a fleeing suspect is paramount t physical safety of the public. G. In the event a traffic motorcycle initiates a pursuit, he shall han pursuit to a marked Police automobile as soon as is feasible. If 2 is not readily available the motor officer should discontinue pursl time safety for himself or the public becomes apparent. ty Form rial r f DEPARTMENT DIRECTIVI 'ATROLITRAFFIC 4.5 Decembei PURSUIT ORIVINC/ROADIAY BARRICADES I 3. Barricadina Roadways A. Barricadinq a roadway must be considered a force likely to result ir great bodiiy harm. For this reason, barricadina roadways must never misdemeanor cases and only as a last resort in appropriate felony c; the suspect is an immediate,and continuing major threat to the physi of the public. I) 8. Under no circumstances will a roadway be barricaded without prior at Police Supervisor. Roadways must never be barricaded by occupied vehicles. C. 0. Private vehicles will never be used as a barricade. On the contrar duty to remove private vehicles from the path of oursuit. If barricading is deemed absolutely necessary to apprehend a felon, vehicles may be used if no other suitable equipment is available an Supervisor has authorized such actions. E. .: CHIEF OF PO 1-1 11 Form et07