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R-2103-10-02RESOLUTION NO. 2103-10-02(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERJURISDICTIONAL POLICY PURSUIT AGREEMENT WITH OTHER UNITS OF LOCAL GOVERNMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen desires to have an agreement which coordinates law enforcement response to the emergency conditions caused by vehicular pursuits; and, WHEREAS, the City of Allen, under this agreement would not be construed to limit the legal authority of any law enforcement agency or officer; and, WHEREAS, the City of Allen desires to limit the hazardous conditions that exist during a vehicle pursuit with other local law enforcement agencies through the adoption of an Inter jurisdictional Parsuit Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to enter into an Inter jurisdictional Pursuit Policy Agreement with other units of local government, from time -to -time, relating to vehicular pursuits. SECTION 2. This resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so resolved. ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF OCTOBER, 2002. APPROVED: Stephen Terrell, MAYOR ATTEST: h.CA�I- JuilfMorrisait, CMC/MMCA, CITY SECRETARY ' INTER -JURISDICTIONAL PURSUIT POLICY AGREEMENT I. General Considerations A. If the reason or nature of a pursuit is in conflict with an agency's pursuit policy, that agency may decline to participate in the pursuit even though that agency's assistance has been requested. B. Any agency involved in the pursuit may, in its discretion, choose to terminate its involvement in a pursuit at any time. C. The purpose and intent of this agreement is to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits. This agreement is not to be construed to limit the legal authority of any law enforcement agency or officer. Nor is this agreement to be construed to impose any standard of conduct or care upon any officer or agency beyond that existing under applicable law. This agreement is intended by the participating agencies to be in full force and effect as the general order of each such participating agency. II. Notifications ' A. Before entering another jurisdiction, or as soon as practical, the pursuing agency will, if reasonably possible, notify the other jurisdictional agency of the following information: A pursuit has entered or is about to enter theirjurisdiction. 2. The location and direction of travel. 3. The primary offense for which the vehicle and occupants are wanted. 4. The vehicle license number and complete description of vehicle and occupants. 5. The number and description of pursuing units as well as their relative location to the vehicle being pursued. 6. Whether or not assistance is needed. B. As appropriate, the initial agency will notify the jurisdictional agency that the pursuit is: (1) leaving the jurisdiction; (2) has been discontinued; or, ' (3) has ceased and of the ending location. Resolution No. 2103-1042(R) Attachment — Page 1 ' III. Control of the Pursuit A. The initiating agency will have control of and will be responsible for the pursuit. Other agencies will not participate unless requested to assist. B. A total of no more than three (3) vehicles from the combined jurisdictions will be involved in any pursuit unless the controlling supervisor from the originating agency requests or approves additional assistance. At least one of the three involved units should, if practical, be a supervisor. One additional unit from the jurisdiction through which the pursuit is proceeding may trail the pursuit by keeping the pursuit in sight from a distance to assist officers if needed. IV. Prohibited Practices A. The intentional use of roadblocks designed to stop the pursued vehicle unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. B. Intentional bumping or ramming of the pursued vehicle unless necessary ' to protect against the imminent death or serious bodily injury to an officer or another person. C. Intentionally forcing the pursued vehicle off the roadway unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. D. Pursuing a vehicle the wrong way on a one-way street or the wrong way on a divided roadway. E. Shooting at the pursued vehicle, unless necessary to protect against the imminent death or serious bodily injury to an officer or another person. F. Deployment or use of "stop sticks" or "road spikes" unless the officer deploying the device has been appropriately trained in said deployment and the deploying officer is authorized to deploy the device by his employing agency. Resolution No. 2103-10-02(R) Attachment—Page 2 V. Responsibilities A. Initiating agency 1. Arrest and custody of the persons charged. 2. Arraignment of arrested persons. 3. Disposition of any passenger. 4. Disposition of the arrested person's vehicle. 5. Coordination of all reports related to the arrest, citations and criminal charges. B. Agency of Primary Jurisdiction 1. Reporting of any traffic collision(s) that occur as a result of a Pursuit. 2. As a matter of professional courtesy, a supervisor from the agency where the pursuit ceases will respond to the location to offer immediate assistance at the scene and to determine any pertinent information regarding the pursuit. On behalf of the Agency or Entity reflected below, I agree to follow the terms and conditions of this Agreement. CilY d AIlen City of Allen Police Department Particip i g Agency Y 'cipating A ncy r� ItW1.� Coity Mana er U Chief Law Enforcemffi ent c 1 � \10.wQS William S. Rushing Printed name v Printed name /';,Vr Chief of Pnrirr Title Title October 23, 2002 ' Date' Date Resolution No. 2103.10-02(R) Attachment — Page 3