RES 2003-38TOWN OF TROPHY CLUB
RESOLUTION NO. 2003 - 38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO
AGREEMENT WITH LOCAL LAW ENFORCEMENT AGENCIES TO
ESTABLISH A STANDARD PURSUIT POLICY TO BE INITIATED WHEN A
POLICE PURSUIT IN ONE JURISDICTION CROSSES INTO ANOTHER
JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is recognized that uncertainty regarding jurisdictional authority may ensue when
a police pursuit in one jurisdiction crosses into another jurisdiction; and
WHEREAS, it is recognized that a standard pursuit policy agreed to by government entities
before such pursuit occurs, would allow for a greater likelihood of apprehending a criminal; and
WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorized local government
entities to enter into Interlocal Contracts and Section 362.002 of the Texas Local Government Code
specifically authorizes Mutual Aid agreements such as this agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1: The Town Manager is hereby authorized to enter into agreement with local law
enforcement agencies to establish a standard pursuit policy.
Section 2: The Town Manager is hereby authorized to take those actions reasonable and
necessary to comply with the intent of this Resolution.
Section 3. This Resolution shall be effective immediately upon its passage.
y PASSED AND APPROVED by the Town Council of th own ¢f Troph ul , Texas, this 20"'
da of October, 2003. /
[Seal]
F1
Town Secretary
Town of Trophy Club
Page i of 5
own of Trophy Club
4; .
APPROVED AS TO FORM:
1
Town Attorney
Town of Trophy Club
Page 2 of 5
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.
IL 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:
1. A pursuit has entered or is about to enter their jurisdiction.
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.
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.
Page 3 of 5
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.
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.
Page 4 of 5
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.
Trophy Club Police Department
Participating Agency F /-,,
Chief Law Enforcement
Robert De Los Santos
led name
Director of Police and Fire Services
Title
October 20, 2003
Date
Page 5 of 5