HomeMy WebLinkAboutC6. Ordinance 1940 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rich McLane, Deputy Chief of Police
SUBJECT: Provisional adoption of ordinance 1940 granting crash investigators the necessary authority to perform their function.
MEETING DATE: April 4, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Move to provisionally adopt ordinance 1940.
SUGGESTED MOTION: Move to provisionally adopt ordinance 1940.
BACKGROUND: The city has previously authorized the Bozeman Police Department to hire
a civilian crash investigator. As part of the crash investigator's duties, the investigator will be
required to conduct investigations at crash scenes, to include criminal investigations involving injuries to pedestrians or fatality crashes. In order to fully perform this function, the crash
investigator will sometimes be required to temporarily prevent people from leaving or property
from being moved. Montana Code Annotated provides this ability for a sworn officer, but is not
as clear with a civilian investigator.
This ordinance is intended to reinforce the crash investigator’s authority to verbally order
persons or property to temporarily remain, as necessary. It is important to gather photographic
evidence or measurements of where vehicles or debris came to rest after a collision. Without the
authority to prevent the vehicles or debris from being moved, an investigation or related
prosecution of any traffic or criminal offenses could be compromised. Operationally, this civilian will not be physically detaining any person(s) or property and should a driver not follow
the direction of the crash investigator, a sworn officer will be called in to assist.
UNRESOLVED ISSUES: None. ALTERNATIVES: As recommended by the commission.
FISCAL EFFECTS: The commission has already authorized the hiring of a crash investigator.
This ordinance does not anticipate any additional fiscal effects. Attachments: Proposed Ordinance No. 1940
Report compiled on:
March 23, 2016
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Ord. 1940
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ORDINANCE NO. 1940
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADDING ARTICLE 13 TO CHAPTER 36 OF THE BOZEMAN
MUNICIPAL CODE TO PROVIDE FOR THE EFFECTIVE USE OF CRASH
INVESTIGATORS.
WHEREAS, Article XI, section 6, of the Montana Constitution, and Montana Code
Annotated § 7-1-101 permits self-governing local governments to exercise any power not
otherwise prohibited by constitution, law, or charter; and
WHEREAS, Bozeman Municipal Code 36.01.050 authorizes the chief of police to
enforce the traffic laws of the State of Montana and the City of Bozeman applicable to street
traffic in the city; and
WHEREAS, Montana Code Annotated 61-7-105 provides direction for persons involved
in an accident (crash) to remain at the scene of the accident until an on-duty peace officer with
authority to investigate the crash gives the driver express permission to leave; and
WHEREAS, a civilian crash investigator is not an “on-duty” peace officer, but the needs
to properly investigate crashes are paramount regardless of who is conducting the investigation;
and
WHEREAS, an efficient and effective method of investigating vehicle crashes benefits
all Bozeman drivers.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings:
1. The Bozeman Police Department responds to a large number of vehicle crashes each
year. In fiscal year 2015, the Bozeman Police Department responded to 1,649 crashes.
2. A thorough crash investigation requires a significant time investment.
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Ordinance No. 1940, (Crash Investigators)
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3. In order to conduct an effective crash investigation, it is reasonable and sometimes
necessary for a crash investigator to require vehicles and people to temporarily remain at
the scene of a vehicle crash.
4. While crash investigations are important, the significant time investment prevents an
investigating peace officer from responding to emergency calls, conducting general patrol
duties, or otherwise enforcing the laws of Bozeman and Montana.
5. The use of effective and dedicated crash investigators, who are not peace officers, will
result in significant improved investigations and long-term financial savings.
Section 2
That the Bozeman Municipal Code be amended by revising Chapter 36 to add the following:
ARTICLE 13 - CRASH INVESTIGATORS
Sec. 36.13.010. - Crash investigator appointment and duties.
A. Appointment. The chief of police may appoint crash investigators. A crash
investigator is a public servant as defined pursuant to MCA 45-2-101 and 45-7-302.
B. Duties. A crash investigator's duties include investigating vehicle crashes, traffic
violations, issuing citations supported by probable cause, assisting in the prosecution
of vehicle crashes or traffic violations, and other related duties as required by the
Bozeman Police Department.
Sec. 36.13.020. - Temporary investigative authority.
A. A duly appointed crash investigator may direct or order that any person or property
temporarily remain when the person or property is observed in circumstances that
create a particularized suspicion that the person or property has been involved in a
vehicle crash, or the person has committed a traffic violation related to a vehicle
crash.
B. The purpose of ordering or directing that a person or property temporarily remain
must be to obtain or verify an account of a vehicle crash, to determine whether a
traffic violation has occurred, or to otherwise investigate either a vehicle crash or
traffic violation.
C. The crash investigator shall as promptly as possible inform the person or possessor of
property the reason for remaining unless emergency circumstances exist, or the crash
investigator has reasonable cause to fear for the crash investigator's own safety or for
the public's safety.
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Ordinance No. 1940, (Crash Investigators)
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D. A crash investigator who has lawfully directed or ordered that a person temporarily
remain may request the person's name, present address, an explanation of the person's
actions, and, if the person is the driver of a vehicle, demand the person's driver's
license, the vehicle's registration, and proof of insurance.
E. An order or direction to temporarily remain may not last longer than is necessary to
effectuate the purpose of the order or direction.
Sec. 36.13.030. - Authority to issue citations.
If a crash investigator determines probable cause exists that a person has committed a
traffic violation, the crash investigator may issue the person a notice to appear and complaint or
notice of municipal infraction.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
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Ordinance No. 1940, (Crash Investigators)
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Codification.
This Ordinance shall be codified as indicated in Section 2.
Section 7
Effective Date.
This ordinance shall be in full force and effect immediately upon adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __4th___ day of
____April____________, 2016.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 201_. The effective date of this ordinance is __________, __, 201_.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
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Ordinance No. 1940, (Crash Investigators)
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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