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HomeMy WebLinkAboutC2. Ordinance 1940 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rich McLane, Deputy Chief of Police SUBJECT: Final adoption of ordinance 1940 granting crash investigators the necessary authority to perform their function. MEETING DATE: April 18, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Move to final adoption of ordinance 1940. SUGGESTED MOTION: Move to final adoption of 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. On April 4th, The Bozeman City Commission voted to provisionally adopt Ordinance 1940. This 2nd approval would make this ordinance effective on May 18, 2016. UNRESOLVED ISSUES: None. ALTERNATIVES: As recommended by the commission. FISCAL EFFECTS: none Attachments: Proposed Ordinance No. 1940 Report compiled on: April 8, 2016 29 Ord. 1940 Page 1 of 5 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. 30 Ordinance No. 1940, (Crash Investigators) Page 2 of 5 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. 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 31 Ordinance No. 1940, (Crash Investigators) Page 3 of 5 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 Codification. 32 Ordinance No. 1940, (Crash Investigators) Page 4 of 5 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 _18th__ of ___April_________________, 2016_. The effective date of this ordinance is _May_________, 18__, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk 33 Ordinance No. 1940, (Crash Investigators) Page 5 of 5 APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 34