HomeMy WebLinkAbout2001-012 - Amendments to Chapter 305 of the Municipal CodeBILL NO. ~` G'~/= /.1~ ORDINANCE NO. ADD/ lam,
AN ORDINANCE AMENDING ARTICLE ITI OF THE MUNICIPAL CODE OF
THE CITY OF RIVERSIDE, MISSOURI, CHAPTER 305, SECTION 305.020 BY
ADDING CERTAIN PROVISIONS THIJRETO AND FURTHER AMENDING
CHAPTER 305 BY ADDING SECTION 305.060
WHEREAS, the Missouri Legislature has adopted a bill and signed such into law which
addresses the problems of racial profiling and race-based traffic stops.
WHEREAS, failure to adopt code amendments and additions related to these state laws
may result in a loss of state funding.
WHEREAS, the City has the duty of protecting the public, health, safety and welfare and
desires to fairly and responsibly do so.
NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of Riverside,
Missouri:
Section 1. The Municipal Code of the City of Riverside, Chapter 305, Section
305.020 is hereby amended and shall read as follows:
SECTION 305.020: RECORDS OF TRAFFIC VIOLATIONS
A. The Public Safety Department shall keep a record of all violations of the traffic
ordinances of the City or of the State vehicle laws of which any person has been charged,
together with a record of the final disposition of all such alleged offenses. Such record
shall be so maintained as to show all types of violations and the total of each. Said record
shall accumulate during at least a five (5) year period and from that time on the record
shall be maintained complete for at least the most recent five (5) year period.
13. All forms for records of violations and notices shall be serially numbered. For each
month and year a written record shall be kept available to the public showing the disposal
of all such forms.
C. All such records and reports shall be public records.
D. As used in this section "minority group" means individuals of African, Hispanic, Native
American or Asian descent.
E. Each time a peace officer stops a driver of a motor vehicle for a violation of airy motor
vehicle statute or ordinance, that officer shall report the following information to the law
enforcement agency that employs the officer:
1. The age, gender and race or minority group of the individual stopped;
2. The traffic violation or violations alleged to have been committed that led to the
stop;
J ~CLIh;N"f SV61492V00002\KO U96G4.DOC
3. Whether a search was conducted as a result of the stop;
4. Tf a search was conducted, whether the individual consented to the search, the
probable cause for the search, whether the person was searched, whether the
person's property was searched, and the duration of the search;
5. Whether any contraband was discovered in the course of the search and the type
of any contraband discovered;
6. Whether any warning or citation was issued as a result of the stop;
7. If a warning or citation was issued, the violation charged or warning provided;
8. Whether an arrest was made as a result of either the stop or the search;
9. If an arrest was made, the crime charged; and
l0. The location of the stop.
P. The Public Safety Department shall compile the data described in subsection 2 of this
section for the calendar year into a report to the attorney general and submit such report
no later than March 1st of the following calendar year.
Section 2. The Municipal Code of the City of Riverside is hereby amended to add
Section 305.060, Policy on Race-Based Traffic Stops, which shall read as follows:
SECTION 305.060: POLICY ON IZACF-BASED TRAFFIC STOPS
The Public Safety Department has in place a policy on race-based traffic stops that:
Prohibits the practice of routinely stopping members of minority groups for
violations of vehicle laws as a pretext for investigating other violations of
criminal law;
2. Provides for periodic reviews by the Public Safety Department of the annual
report of the attorney general that:
(i) Determine whether any officers of the Public Safety Department have a
pattern of stopping members of minority groups for violations of vehicle
laws in a number disproportionate to the population of minority groups
residing or traveling within the City; and
(ii) If the review reveals a pattern, require an investigation to determine
whether any officers of the Public Safety Department routinely stop
members of minority groups for violations of vehicle laws as a pretext for
investigating other violations of criminal law;
3. Provides for appropriate counseling and training of any officer found to have
engaged in race-based traffic stops within ninety days of the review; and
J.'.CLIENTSV61492V0000?\K0179664DOC
4. Provides for annual sensitivity training for any employees who may conduct stops
of motor vehicles regarding the prohibition against racial profiling.
The course or courses of instruction and the guidelines provided under this subsection
shall stress understanding and respect for racial and cultural differences, and development
of effective, noncombative methods of carrying out law enforcement duties in a racially
and culturally diverse environment.
Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are
severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree,
or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all
provisions of the Ordinance not specifically declared to be unlawful shall remain in full force
and effect.
Section 4. This ordinance shall take effect immediately.
t;
Adopted and passed this~~~ day of January, 2001.
i) ~~
MAYOR OFT ~ CITY OF RIVERSIDE
ATTEST:
~-
TY CLERK
J:.Cl.lf NTSV61492V0000?\K0179GG4.DOC 3