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HomeMy WebLinkAboutOrdinances - O-88-479 - 10/05/1988 - POLICE DEPT RULES AND REGSORDINANCE N0. 0-88-479 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. Sections 88-00-2 and 88-00-3 of the Rules and Regulations of the City of McHenry Police Department, having heretofore been approved and adopted by the Chief of Police of the City of McHenry, Illinois and recommended by him to the Mayor and City Council for adoption by them, copies of which are attached hereto and made a part hereof, be and the same are approved and adopted as and for amendments to the Rules and Regulations of the McHenry Police Department. SECTION 2. All ordinances or parts thereof in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 5th day of October , 1988. AYES: Bolger, Nolan, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. NAYS: —None. ABSTAINED: None. ABSENT: None. NOT VOTING: None. APPROVED this 5th day of October ATTEST: CITY CLERR AMENDMENT OF CITY OF MC_HENRY POLICE DEPARTMENT RULES AND REGULATIONS SECTION 1. Section 88-00-3 of the Rules and Regulations of the City of McHenry Police Department be and the same are hereby amended to read as follows: 1. PURPOSE: To establish guidelines for hot pursuit, requiring emergency operation of departmental vehicles. 2. DEFINITIONS: The following definitions apply for the purpose expressed in this policy: A. HOT PURSUIT - an active attempt by one ¢Lmore Police Officers to apprehend a suspect operating a motor vehicle, while the suspect is trying to avoid capture by using high speed driving or other evasive tactics such as driving off a highway, making sudden or unexpected movements, or maintaining legal speed but willfully failing to yield to the Officer's signal to stop. B. SERIOUS FELONY - a felony that involves an actual or threatened attack which the Officer has reasonable cause to believe could result or has resulted in death or serious bodily injury (e.g., aggravated assault, armed robbery, murder). C. ROADBLOCK - any method, restriction, or obstruction utilized or intended for the purpose of preventing free passage of motor vehicles on a highway in order to effect the apprehension of an actual or suspected violator in a motor vehicle. D. PRIMARY PURSUIT UNIT - the Police unit that initiates a pursuit or any unit that assumes control of the pursuit. 3. POLICY: All emergency vehicle operations shall be conducted in accordance with existing statutes. Officers engaged in emergency vehicle operations shall utilize both audible (siren) and visual (emergency lights) emergency warning equipment when engaged in hot pursuit. All personnel operating departmental vehicles shall exercise due regard for the safety of all persons. No assignment shall be of such importance, and no task shall be expedited with such emphasis, that the principles of safety become secondary. There are no tasks in the department of such importance that they justify the reckless disregard of the safety of innocent persons. Departmental personnel will be held strictly accountable for the consequences of their reckless disregard for the safety of others. 4. PROCEDURES: Hot pursuit is justified only when the Officer knows or has reasonable grounds to believe the suspect presents a clear and i me late threat to R F:.,s&,.r# the safety of other motorists; has committed or is attempting to commit a serious felony; or when the necessity of immediate apprehension outweighs the level of danger created by the hot pursuit, as in the case of a serious traffic violation such as DUI. A. Initiating/Primary Unit Responsibilities 1. The responsibility for the decision to initiate hot pursuit rests with the individual Officer. The Officer initiating a pursuit shall, in all cases, notify the communications center as soon as reasonably possible that a pursuit is underway and provide the following information: a. Police unit identification. b. Location, speed, and direction of travel. C. Vehicle description, including license number, if known. d. The specific reason for the pursuit, including known laws violated. e. Number of occupants in other vehicle, if known. f. Traffic conditions. 2. Failure to provide the above information may be cause for the Shift Commander to order termination of the pursuit. 3. The initiating or primary unit shall be in field command and bears operational responsibility for the pursuit unless relieved by a Shift Commander. 1) 0 4. The authority of the primary unit pertains to the immediate field operation and is, at all times, subordinate to the command of the Shift Commander. 5. The primary unit may maintain pursuant as long as it is safe to do so, or until directed to terminate the pursuit by'U Shift Commander o r t h e s u s p e c t i s s t o p p e d. 6. The decision to abandon pursuit may be the most intelligent course of action. Officers must continually question whether the seriousness of the crime justifies continuing the pursuit. A hot pursuit shall be terminated under any of the following circumstances: a. If, in the opinion of the pursuing Officer or the Shift Commander there is a clear and unreasonable danger to the Officer and others created by the pursuit that outweighs the necessity for immediate apprehension. b. The suspect's identity has been established to the point that later apprehension can be accomplished, and there is no longer any need for immediate apprehension. C. The prevailing traffic, roadway and environmental conditions indicate the futility of continued hot pursuit. d. The pursued vehicle's location is no longer known. e. The pursuing Officer knows, or is reasonably certain, that the fleeing vehicle is operated by a juvenile and the offense constitutes a misdemeanor or a non -serious felony and the safety hazard factors involved are obviously greater than a juvenile can cope with. 7. - The termination of a pursuit does not prohibit the following of a vehicle at a safe speed or remaining in an area to reinitiate pursuit if the opportunity and conditions permit. Assisting Unit Responsibility 1. Assistance will be coordinated by the communications center under the direction of 3 the Shift Commander. The Shift Commander and primary unit will be advised of the identity and location of backup units who can assist. 2. The active pursuit will normally involve not more than two units: the primary unit and one backup unit. If more assistance is specifically requested, the amount will be determined by: a. Nature of the offense. b. Number of suspects. C. Whether the participating units have more than one Officer. d. Other clear and articulated facts that would warrant the increased hazard. 3. Only the Shift Commander may authorize More than two units to be in active pursuit. All other units will remain aware of the direction and progress of the pursuit, but shall not actively participate, and shall not respond or parallel the pursuit on adjacent streets unless specifically authorized to do SO. 4. The assisting unit, upon joining the pursuit, shall immediately notify the communications center of its identity. If the primary unit is a one-man unit, the assisting unit may assume radio communications responsibility, allowing the primary unit to devote full attention to driving. S. The assisting unit will maintain a safe distance behind the primary unit, but be close enough to render backup assistance if and when required. 6. Assisting units shall, at all costs, avoid intersecting the path of an oncoming high-speed vehicle. 7. If the primary unit becomes disabled, the assisting unit will become the primary unit. The communications center will advise the Shift Commander and other units that a new backup unit is needed, and the next unit to join the pursuit will be designated the backup unit. C. Communications Center Responsibilities 4 1. Receive and record all incoming information on the pursuit and the pursued vehicle. 2. Immediately notify the Shift Commander when a pursuit is initiated. 3. Clear radio channel of any unnecessary traffic and advise all other units that a pursuit is in progress, providing all relevant information. 4. Perform relevant record and motor vehicle checks. 5. Control all radio communications during the pursuit. 6. Coordinate assistance under the direction of t'he Shift Commander. 7. Continue to monitor the pursuit until it has been terminated. D. Supervisory Responsibilities 1. Shift Commander a. Upon being notified of the pursuit, the Shift Commander shall verify the following: 1. No more than the required or necessary units are involved in the pursuit. 2. Affected allied agencies are being notified. b. The Shift Commander will continue to direct the pursuit, and approve or order alternative tactics, such as the use of a roadblock, and maintain control until the pursuit is terminated. In the absence of adequate information from the primary or backup unit, the Shift Commander may order termination of the pursuit. c. As with any tactical field problem, it is not necessary that the Shift Commander be physically present in order to begin coordination and assert control of the pursuit. 5 d. The Shift Commander should proceed to the termination point to provide guidance and necessary supervision. E. Emergency Vehicle Operation and Tactics 1. Offensive Tactics In the course of pursuit, deliberate contact between vehicles or forcing the pursued vehicle into parked cars, ditches, or any other obstacle, boxing in, heading off, ramming, or driving alongside the pursued vehicle while it is in motion are prohibited, unless such actions are specifically authorized by the Shift Commander. Such actions may be approved only when the use of deadly force is justified. 2. Caravaning There shall be no caravaning by field units not directly involved in the immediate pursuit. 3. Passing There shall be no attempt by Officers to pass other field units involved in the pursuit unless the passing Officer receives specific permission from the primary unit or the Shift Commander. 4. Spacing All units in pursuit, whether the vehicle in front of the unit is the suspect vehicle or another police vehicle, shall space themselves at a distance that will ensure proper braking and reaction time in the event the lead vehicle stops, slows or turns. 5. Number of Police Vehicles No more than two Police vehicles will become actively involved in a pursuit, unless specifically directed otherwise by the Shift Commander. Other Officers should be alert to the pursuit progress and location. 6. Unmarked Police Vehicles Officers operating unmarked vehicles (provided the vehicle is equipped with emergency lights N. and siren) may engage in pursuit only when the fleeing vehicle presents an immediate and direct threat to life or property or when ordered to do so by the Shift Commander. Whenever a marked vehicle becomes available to take over the pursuit, the unmarked vehicle will withdraw from active pursuit and serve in a support role. 7. Controlled Access Highways Officers shall not pursue suspects the wrong way on interstate or other controlled access highways or divided roadways unless specifically authorized by the Shift Commander. 8. Roadblocks The use of a roadblock must be authorized by the Shift Commander. Generally, a roadblock will be employed only as a last resort. The use of a roadblock must be directly associated with the seriousness of the crime for which the suspect is wanted. The roadblock must be clearly visible and provide adequate warning to allow vehicles to come to a safe stop. The roadway shall not be completely blocked unless the use of deadly force would be authorized. 9. Traffic Control Devices Extreme caution must be used whenever Officers disregard traffic signs or signals, even though statutes specifically permit such conduct. Officers shall make use of all available warning devices to alert other motorists and pedestrians. F. Interjurisdictional Pursuits 1. The communications center, with the approval of the Shift Commander, will notify outside agencies if this department is in pursuit in their jurisdiction. the informing person will specify that the call is either a request for assistance or merely a courtesy notification with no participation desired. 2. Officers shall not become involved in another agency's pursuit unless specifically authorized by the Shift Commander or unless it is clearly demonstrated that a unit from an outside agency is unable to request 7 assistance, or the emergency nature of the situation dictates the need for assistance. In these instances, all departmental pursuit policies shall apply. G. Overtaking/Pursuit of Violators The responsibility for the decision to overtake rests with the individual Officer. In arriving at his decision, he must carefully consider all factors involved, including the seriousness of the offense, the possible consequences and, most importantly, the safety of the general public. In order to diminish the likelihood of a pursuit, Officers intending to stop a vehicle should, when practical, be within a close proximity to the vehicle prior to activating the emergency lights and siren. During the course of enforcement activities, specific incidents may escalate from routine overtaking situations if the suspect attempts to evade apprehension. If this occurs, applicable hot pursuit policy and procedures apply. SECTION 2. Any and all rules and regulations or parts thereof of the City of McHenry Police Department in conflict with the terms and provisions of the aforesaid Amendment be and the same are hereby repealed to the extent of such conflict. SECTION 3. The foregoing Amendment shall become effectively immediately upon its approval by the City Council of the City of McHenry, Illinois. ADOPTED THIS DAY OF , 1988 by the Chief of Police of the City of McHenry, Illinois. PATRICK J. JOYCE APPROVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS ON THE DAY OF , 1988. 0 AMENDMENT OF CITY OF MCHENRY POLICE DEPARTMENT RULES AND REGULATIONS SECTION 1. Section 88-00-2 of the Rules and Regulations of the City of McHenry Police Department be and the same are hereby amended to read as follows: 1. PURPOSE: The value of human life is immeasurable in our society. Police Officers have been delegated the awesome responsibility to protect life and property and apprehend criminal offenders. The apprehension of criminal offenders and protection must at all times be subservient to the protection of life. The officer's responsibility for protecting life must include his own. The purpose of this directive is: A. To state Department policy regarding a Police Officer's use of deadly force. B. To establish policies under which the use of deadly force by Police Officers is permissible. 2. DEFINITION: "Deadly Force" as used in this policy is defined as that force which is intended to cause death or grave injury or which creates some specified degree of risk that a reasonable and prudent person would consider likely to cause death or grave injury. 3. POLICY: A. An Officer may use deadly force to protect himself or others from what he reasonably believes to be a threat of death or (near death) critical bodily harm. B. An Officer may use deadly force to effect the capture or prevent the escape if the Officer reasonably believes that the suspect has committed a felony involving the use or threatened use of deadly force and the Officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the Officer or others. C. No distinction shall be made relative to the age or sex of the intended target of deadly force. D. A Police Officer is not justified in using his firearm to fire a warning shot. E. Officers are prohibited from discharging firearms when it appears likely to the Officer that an innocent person may be injured by the Officer. F. Officers should not discharge a firearm at or from a moving vehicle except as the ultimate measure o ol' self-defense or defense of another or when the occupant of the other vehicle is using deadly force. G. The killing of an animal is justified (1) for self-defense, (2) to prevent substantial harm to the Officer, to another person or another animal or (3) when the animal is so badly injured that humanity requires its relief from further suffering. A seriously wounded or injured animal may be destroyed only after all attempts have been made to request assistance from the agency (humane society, animal control, game warden, etc.) responsible for the disposal of animals. H. Except for general maintenance, storage or authorized training, Officers shall not draw or exhibit their firearm unless circumstances create strong reasonable cause to believe that it may be necessary to lawfully use the weapon in conformance with other sections of this policy. SECTION 2. Any and all rules and regulations or parts thereof of the City of McHenry Police Department in conflict with the terms of the aforesaid Amendment be and the same are hereby repealed to the extent of such conflict. SECTION 3. The foregoing Amendment shall become effective immediately upon its approval by the City Council of the City of McHenry, Illinois. O. ADOPTED THIS DAY OF , 1988 by the Chief of Police of the City of McHenry, Illinois. PATRICK J. JOYCE APPROVED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS ON THE DAY OF , 1988.