Law Enforcement Challenge. South Burlington Police Department Prepared by Corporal Todd LeBlanc Traffic Safety Unit

Transcription

1 2009 Law Enforcement Challenge South Burlington Police Department Prepared by Corporal Todd LeBlanc Traffic Safety Unit

2 INTRODUCTION The City of South Burlington is a home to over 16,500 residents in northern Vermont bordering the largest city, Burlington. During the daytime hours South Burlington has a business population of approximately 60,000 people. The city is the gateway to the Burlington International Airport as well as the home of the University Mall, the largest shopping mall in the State of Vermont. South Burlington hosts several busy highways: Interstate 89, Interstate 189, U.S. Route 7, U.S. Route 2, and Vermont State Route 116. Exit 14 of Interstate 89 exits onto Williston Road (U.S. Route 2) and is the hub to gain access to the City of Burlington, University of Vermont, Fletcher Allen Health Care Hospital and a multitude of businesses in South Burlington and surrounding towns. I89 Exit 14 The Hub to Burlington and South Burlington The City of South Burlington Police Department was established in 1953 and has been providing a quality service since. In summer of July 1993, after many requests from the residents of South Burlington, the Traffic Safety Unit was created. The police department dedicated one officer to work solely on traffic safety issues. This officer was tasked with collision data analysis, collision reduction, and primary traffic enforcement. In January 2003, again the residents asked for more, and the police department added an additional officer to the Traffic Safety Unit. The residents requested the added officer hold the primary responsibility of enforcing the state/city traffic laws within the unit. The Traffic Safety Unit has undergone many changes, but is still fulfilling the request of our community. The Traffic Safety Unit has expanded to include Commercial Motor Vehicle Enforcement and Fatal/Serious Motor Vehicle Collision Investigations. Due to the high traffic volumes, the City of South Burlington has maintained the two primary goals: 1. SBPD will continue to provide a high visibility of traffic safety, through enforcement and education. 2. SBPD will reduce the traffic collisions by 2 percent, through enforcement and education. 1

3 Another aspect to the Traffic Safety Unit is to work with the Patrol Division in identifying problem areas and increasing our enforcement efforts in that area. Traffic safety is not limited to just the Traffic Safety Unit. The Patrol Division is an integral piece in achieving these goals. Motor vehicle crash Dorset Street near University Mall The most common call in the City of South Burlington over the years has always been motor vehicle collisions. Many of the collisions are minor and non-reportable occurring in parking lots. One of the most congested and high collision sites is the University Mall, 155 Dorset Street, South Burlington. During the holiday season the collisions increase dramatically. The police department now assists with traffic at key exit locations to allow for easier traffic flow. The inside property is handled by the University Mall Security. We continue to have traffic issues on the U.S. Route 2 and U.S. Route 7 corridors. The motor vehicle collision causes here are primarily due to left turn, traffic light and following too close violations. We have increased our enforcement within these two corridors and have seen reduction in collisions by 8%. I also feel that the change in Shelburne Road traffic pattern through the city has also contributed to a decrease in collisions. The community also contacts the department and keeps us informed on key traffic issues. Through the Neighborhood Watch program and talking to area residents we are able to address their concerns. Most issues are solved with increased enforcement and the use of our speed cart as an educational tool. 2

4 POLICY AND GUIDELINES (See attached General Order pages) The South Burlington Police Department was the first accredited police department in the State of Vermont. The accreditation process allows the police department to improve the delivery of public safety services. One way this is accomplished is through maintaining a body of standards which were developed by group of outside public safety practitioners. These standards cover a wide range of up-to-date public safety initiatives. The South Burlington Police Department policy General Order: PR-315 SEAT BELT USE, requires the use of safety belts by its officers. The policy states: To assure the safety of all personnel, safety belts shall be worn at all times by drivers and passengers in all vehicles owned, leased or rented by the department. This also applies to the operation of privately owned or other vehicles if used on-duty. This general order also requires the use of federally approved child restraints for all children. The police department has also recognized the importance of the proper use of child restraints within police department vehicles. The South Burlington Police Department has three certified child restraint technicians and has provided training to its officers related to the use of these federally approved car seats. The South Burlington Police Department has a policy and requires the enforcement of seat belt and child restraint systems violations. This is found in General Order: PR-327 TRAFFIC ENFORCEMENT in multiple locations. They are as follows: Types of Violations F. Non-hazardous Violations Non-hazardous violations shall mean any violation of a provision of Title 23 pertaining to parked vehicles, equipment, size, weight, inspection or registration of the vehicle and child restraint systems or seat belts as required in section 1258 of Title 23. These violations will be enforced by the use of warnings, Vermont Civil Complaints, and/or Criminal Citations Types of Enforcement Action C. Vermont Civil Complaint: A Vermont Civil Violation Complaint (VCVC) may be issued to an operator who is in violation of any provision of Title 23 VSA or rule adopted under Title 23. A Vermont Civil Complaint should be issued to a violator who 3

5 is jeopardizing the safety of the community and/or the efficient flow of vehicular and pedestrian traffic. These violations may include, but not limited to, status violations, hazardous moving violations, or operating unsafe and improperly equipped vehicles. Additionally, officers are encouraged to write VCVC s for violation of Title 23, section 1258 (Child restraint systems; persons under age 16) and/or to enhance a VCVC for a violation of Title 23 section 1259 (Safety belts; persons age 16 and over) , The South Burlington Police Department also encourages the enforcement of speeding violations in its policies. This is also found in General Order: PR-327 TRAFFIC ENFORCEMENT Types of Violations B. Speeding Violations (c) Officers may determine the speed of a vehicle by pacing it, or using some type of speed measuring device (radar, laser, or visual estimation). Officers shall enforce speeding violations by use of verbal warnings, written warnings, Vermont Traffic Complaints and Vermont Criminal Citations. Nothing in this policy shall take away the Officer's discretion in using one form of enforcement or another. The South Burlington Police Department has a very proactive response to impaired driver violations. The department s DUI Enforcement policy is briefly mentioned in General Order: PR-327-TRAFFIC ENFORCEMENT Types of Violations A. Driving While Intoxicated/Under the Influence of Drugs (a), Officers should arrest all persons suspected of driving under the influence of alcohol or drugs. Once a person has been taken into custody for suspicion of driving while intoxicated, a violation of Title 23 VSA 1201, the officer will process the violator for the violation. The officer will follow procedures and use forms that have been set forth through the Vermont Criminal Justice Training Council and the State of Vermont for properly administering the evidentiary breath or blood test through either the DataMaster Infrared machine, or a physician drawing the blood. The impaired driver policy is completely outlined in General Order: PR-314-DUI ENFORCEMENT. This policy provides the officers with the procedures. The proactive response is shown in paragraph two of the introduction of the policy. It shall be Department policy to take aggressive action in the enforcement of all DUI laws. The main goal and desired outcome of the Department s DUI enforcement effort is the removal of intoxicated/impaired drivers from the highways and the protection of the public s safety. 4

6 South Burlington Police Department is also highly involved in the Safe Highway Accident Reduction Program, (S.H.A.R.P.) as a way to further enforce the above mentioned law violations. The Traffic Safety Unit works with the Department of Highway Safety and the S.H.A.R.P. Team Coordinator to identify and develop strategies to adequately enforce these laws. General Order: PR-327-TRAFFIC ENFORCEMENT also covers the S.H.A.R.P. program S.H.A.R.P. A. SHARP is a program that directs special attention to Traffic Enforcement. The program includes directed patrols throughout Chittenden County in: 1. Driving While Intoxicated (a) 2. Truck Violations 3. Seat Belt Use B. Members of Chittenden County Law Enforcement Agencies belong to the SHARP Team. C. The Department of Highway Safety and the SHARP Team Coordinator work jointly to develop strategies and schedules to adequately perform the directed patrols. Through the implementation and application of these policies the South Burlington Police Department is able ensure the safety of its employees. Through the constantly aggressive enforcement of laws such as DWI, Speeding, and Adult/Child Seat Belt Usage we are able to ensure the safety of the commuting public within the City of South Burlington. 5

7 General Order: PR-314 South Burlington Police Department DUI Enforcement This policy establishes the guidelines for proper detection, investigation, processing, and reporting, of persons suspected of operating under the influence of alcohol and/or other drugs. It shall be Department policy to take aggressive action in the enforcement of all DUI laws. The main goal and desired outcome of the Department s DUI enforcement effort is the removal of intoxicated/impaired drivers from the highways and the protection of the public s safety. Along with officer initiated DUI investigations, all complaints received from the public alleging possible DUI, will be thoroughly investigated. It is the responsibility of all officers to be familiar with the latest court rulings concerning DUI. The data collected from the detection and prosecution of impaired operators will be used in conjunction with other information in the analysis of traffic crash statistics, crash reduction programs, and as a basis for selective enforcement efforts Vermont Statutes Title VSA: OPERATING VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR OTHER SUBSTANCE A. A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway: 1. when the person's alcohol concentration is 0.08 or more; or 2. when the person is under the influence of intoxicating liquor; or 3. when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely. B. A person who has previously been convicted of a violation of this section shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and refuse a law enforcement officer s reasonable request under the circumstances for an evidentiary test where the officer had reasonable grounds to believe the person was in violation of subsection (a) of this section. C. A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway and be involved in a crash resulting in serious bodily injury or death to another and refuse a law enforcement officer s reasonable request under the Page 1 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

8 General Order: PR-314 South Burlington Police Department circumstances for an evidentiary test where the officer has reasonable grounds to believe the person has any amount of alcohol in the system. D. The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section. E. A person may not be convicted of more than one offense under this section arising out of the same incident. Title VSA: PERSONS UNDER 21; ALCOHOL CONCENTRATION OF 0.02 OR MORE A. A person under the age of 21 who operates, attempts to operate or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the traffic and municipal ordinance bureau and subject to the following sanctions: 1. For a first violation, the person's license or privilege to operate shall be suspended for six months and until the person complies with section 1209a of this title. 2. For a second or subsequent violation, the person's license or privilege to operate shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title. B. Notwithstanding the provisions in subsection (a) of this section to the contrary, a person s license that has been suspended under this section shall not be reinstated until the commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full. C. A person who violates this section may also be subject to recall of his or her provisional license under section 607a of this title. D. If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the commissioner of health. A refusal to submit to the breath test shall be considered a violation of this section. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title: 1. the results of the test shall be admissible evidence in a proceeding under this section; and 2. there shall be no statutory right to counsel prior to the administration of the test. Page 2 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

9 General Order: PR-314 South Burlington Police Department E. In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vehicle on a highway an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate or being in actual physical control. F. No fine and no points shall be assessed for a violation of this section. G. The alcohol and driving program required under this section shall be administered by the office of alcohol and drug abuse programs and shall take into consideration *[the]* any particular treatment needs of operators under the age of 21. H. A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 1201 of this title. Title VSA COMMERCIAL MOTOR VEHICLES; 0.04 A. A person shall not operate, attempt to operate, or be in actual physical control of a commercial motor vehicle: 1. when the person's alcohol concentration is 0.04 or more; or 2. when the person is under the influence of intoxicating liquor; or 3. when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely. B. A violation of this section shall result in disqualification from driving a commercial motor vehicle as provided in section 4116 of this title. Those provisions of section 1205 of this title which establish a procedure for civil suspensions shall apply to this section except were that sections refers to alcohol concentration it shall be deemed to refer to an alcohol concentration of Title VSA: COMMERCIAL MOTOR VEHICLE; DETECTABLE AMOUNT; OUT-OF-SERVICE A person who is operating, attempting to operate or in actual physical control of a commercial motor vehicle with any measurable or detectable amount of alcohol in his or her system shall immediately be placed out-of-service for 24 hours by an enforcement officer. A law enforcement officer who has reasonable grounds to believe a person has a measurable or detectable amount of alcohol in his or her system on the basis of the person's general appearance, conduct or other substantiating evidence, may request the person submit to a test, which may be administered Page 3 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

10 General Order: PR-314 South Burlington Police Department with a preliminary screening device. The law enforcement officer shall inform the person at the time the test is requested that refusal to submit will result in disqualification. If the person refuses to submit to the test, the person shall immediately be placed out-of-service for 24 hours and shall be disqualified from driving a commercial motor vehicle as provided in section 4116 of this title Training All officers shall be certified by the Vermont Criminal Justice Training Council in DUI detection, field sobriety testing, and the use of the Datamaster Infrared breath testing device. Officers will conduct each step of the DUI enforcement process (officer contact, field sobriety, processing, etc. ) in accordance with the most current training and in compliance with the latest court decisions on the subject. Officers shall receive updated training in DUI enforcement techniques and/or legal updates as changes occur. Training will be arranged by the police department. This training shall include updates on legislation, court decisions and training bulletins as they relate to DUI enforcement. Officers may be selected on the basis of experience and proficiency in the area of DUI enforcement for advanced training and assignment to Department and multi-jurisdictional selective enforcement teams Equipment Prevention Services marked police units will be equipped with a preliminary breath testing device. Radar units will be available for assignment to the cruisers. The Department will be equipped with: A. Datamaster Infrared breath testing device Officer Contact A. Officers should be familiar with those locations within their patrol areas with past history of alcohol/drug-impaired drivers and alcohol/drug-related crashes. B. Officers must be familiar with the indicators of alcohol/drug-impaired driving and utilize this information in the establishment of probable cause or reasonable suspicion for conducting motor vehicle stops. This should include any stress clues from the location or time of event. C. A motor vehicle shall be stopped in accordance with current state law. Observation of operation should be made prior to the stop to assist in the establishment of probable cause. Operators suspected of operating under the influence should be stopped as soon as safely practical. D. Officers shall not arrange for nor give a ride home in lieu of arrest for a DUI offense. Page 4 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

11 General Order: PR-314 South Burlington Police Department Complaints concerning DUI A. All officers have an obligation to answer public complaints concerning the impaired operation of vehicles. B. Upon receiving a complaint concerning a suspected DUI offense, officers will make every attempt to locate a suspect vehicle, establish their reasonable suspicion or probable cause, and make contact with suspected violators. C. Effective July 1, 1998, health care providers who are providing health services to a person in the emergency room as a result of a motor vehicle crash and become aware, as a result of any blood test performed in the health care facility that the person s blood alcohol level meets or exceeds the level prohibited by law are required by law, Title 23 VSA 1203 (b), to report that fact, as soon as is reasonably possible, to a law enforcement agency having jurisdiction over the location where the accident occurred. D. When officers receive complaints from health care providers, they must act upon this information and thoroughly investigate the potential violation Investigatory Questions A. Drivers should be identified and only those inquires made as to alcohol consumption as permitted by current law. B. When the incident involves a non-witnessed crash the investigative questions will include if the operator has consumed alcohol after the crash and how much Field Sobriety Tests A. Drivers suspected of being impaired may be asked to exit the vehicle for sobriety exercises. Providing there is no reason why the driver could not perform the sobriety exercises, the driver shall be given the Standardized Field Sobriety Exercises consisting of: 1. Horizontal Gaze Nystagmus (HGN) exercise. 2. Walk and Turn exercise. 3. One Leg Stand exercise. 4. Other exercises recognized as having a high validity in establishing probable cause for DUI. Page 5 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

12 General Order: PR-314 South Burlington Police Department 5. A preliminary breath testing device sample. B. Only when all exercises have been attempted and/or completed shall the officer make the decision whether or not to take the suspect into custody for processing. C. When conducting field dexterity tests it will be at the discretion of the officer as to whether the tests will be conducted in the area between the police cruiser and the stopped vehicle or if a suitable area (i.e. sidewalk, shoulder of the road) adjacent to the vehicles should be used for the sobriety exercises. Officers should be aware of their surrounding and take into account the totality of the circumstances (i.e. time of day, traffic volume, location of stop, area street lights when deciding where to conduct the field dexterity tests. Additionally, when possible, officers should tape the field testing using the cruiser camera. D. The investigating officer may request assistance from one or more of the following: 1. An officer from South Burlington, or other agency. 2. An officer from South Burlington, or other agency, trained as a Drug Recognition Expert. 3 Physicians and/or other medical personnel. E. Persons may be taken into custody pursuant to VRCP RULE 3 (a)(4 or 5). F. Persons taken into custody shall be handcuffed and properly secured in a police cruiser for transport to the department or other agency to administer an evidentiary test. Whenever possible, a marked police unit with a protective barrier will be used. 1. Officers participating in DUI selective enforcement programs will utilize only fully marked police vehicles unless circumstances warrant the use of an unmarked vehicle and its use is approved by the Prevention Services Division Manager, Captain, or Chief. G. Search of Vehicle Incident to the Arrest of the Occupant: 1. Motor Vehicle exception. This does not apply in Vermont. In Vermont a search warrant must be obtained in order to search a motor vehicle unless articulable concerns for officer safety or for the preservation of evidence can be shown [State v. Bauder ( ) 2007 VT 16]. A third option to gain search of a vehicle incident to the arrest of the occupant is with the written or recorded consent of the occupant. Absent concerns for officer safety, preservation of evidence, or consent the police officer will need a warrant in order to search. Page 6 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

13 General Order: PR-314 South Burlington Police Department a. State v. Bauder prohibits a warrantless search of a vehicle absent articulable concerns for officer safety or for the preservation of evidence. This is a significant departure from the Belton rule set out by the United States Supreme Court. That decision had allowed for a search-incident-to-arrest. Please note that Belton is no longer good law in Vermont. In Bauder, the defendant/driver had been arrested, handcuffed and secured in the back seat of a cruiser while the passenger had left the vicinity. At the time of the search, the officer had not made the decision to impound the car. Thus, the search could not be justified as an inventory search either Passengers A. Reasonable attempts should be made to obtain a written statement from any passenger using the standard Passenger Statement Form. B. Incapacitated passengers should be handled in accordance with the 18 VSA Incapacitated juvenile passengers shall be turned over to a parent or guardian, or custody maintained pursuant to 33 VSA Chapter 51. C. Impaired persons shall not be left in control of the operators' vehicle. D. Officers shall arrange for transportation from the scene for any passengers that require it. E. Passengers may be transported to the department by another officer to arrange for transportation. F. In no circumstances should a passenger be left stranded at the scene of a motor vehicle stop Suspect Vehicles A. Vehicles stopped in the traveled portion of the roadway or in a location where the vehicle can not be left safely should be moved in the following manners: 1. Moved by a non-impaired passenger. 2. Moved by an officer, with permission from the operator. 3. Moved by a person contacted for the operator, if this can be done without reasonable delay. Page 7 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

14 General Order: PR-314 South Burlington Police Department 4. Moved by a wrecker of the operator s choosing. 5. Moved by a wrecker of the departments' choosing. B. When possible the vehicle should be moved to an area where permission to temporarily park the vehicle can be obtained. Otherwise it may be removed by wrecker to: 1. A location of the operators choosing. 2. The storage yard of the wrecker operator. C. All vehicles left at the scene will be locked to the best ability of the officer. Items that are unable to be secured may be removed by the officer and brought to the department to be released to the owner or someone of the owner s choosing. D. The suspect s Vehicle Identification Number (VIN) will be recorded at the scene to be entered on the officer s processing form in case immobilization and/or forfeiture is found to be necessary by the court Processing A. Person taken into custody will be brought to the department, or other agency, for the administration of an evidentiary test. B. Standard Arrest and Bail forms will be completed in accordance with normal department procedure. The suspect s Vermont driver s license will be confiscated to be sent to DMV. Note: DO NOT confiscate a license issued by another state, and do not cut, staple or damage the license. C. DUI Processing forms provided by the State of Vermont will be used. Officers will select the appropriate forms for the person being processed: 1. DWI PROCESSING FORM - INFRARED 2. DWI PROCESSING FORM - BLOOD D. The forms will be used in the order and manner currently prescribed by the Chittenden County States' Attorney Release From Custody Page 8 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

15 General Order: PR-314 South Burlington Police Department A. Continued custody will be dependant on the VRCP RULE 3 (c)(2)(g) for 1 st offenses. For 2 nd offenses, an officer is not required to release the suspect with a citation if he has probable cause to believe that the suspect has a prior conviction of Title VSA and who has committed a second violation of the same. A 3 rd offense is a felony and the suspect will be treated the same as any felony offender. 1. The policy of the South Burlington Police Department shall be the following: a. 1 st offense DUI: process, cite and release as outlined below, unless other exceptions as outlined in VRCP Rule 3 (c) apply. b. 2 nd offense DUI: process, and lodge in alignment with VRCP Rule 3. c. 3 rd and subsequent offense DUI, process and lodge. 2. The appropriate section of the processing forms must be completed with arrangements made for a blood test if so desired and required. B. The officer may release an impaired person to a non-impaired adult that is willing to take responsibility for the person. C. If there is no one to take custody of the impaired person, protective custody shall be maintained pursuant to 18 VSA D. If the person is not impaired they may be released into their own custody or to a taxi for a ride home. E. Juveniles processed will be release to a parent or responsible adult. The parent of the juvenile will be notified of the incident by the officer at a later date if unable to make contact at the time of the incident Paperwork A. On release from custody the operator should be given the following that applies to them: 1. Citation for appearance 2. Infrared Ticket 3. Hospital List for Independent Blood tests 4. Intent to Suspend (May be mailed or hand delivered) Page 9 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

16 General Order: PR-314 South Burlington Police Department B. All DUI Affidavits and Intent to Suspend forms, and the remainder of the case work must be completed and delivered to the Records Unit within three (3) business days so the appropriate mailings can be made on time. The content and completion times of these forms must follow the guidelines as set forth in Title VSA. Approved By: Trevor Whipple Date Approved: December 4, 2008 Page 10 Reference: , , , , Last Modified: December 4, 2008 Effective: 1 Mar 93 Last Reviewed: December 4, 2008

17 General Order: PR-315 South Burlington Police Department Seat Belt Use Research clearly indicates that the use of safety belts has a significant effect in reducing the number of deaths and the severity of injuries resulting from traffic crashes. A law enforcement officer's chance of being involved in a motor vehicle crash is approximately two to ten times greater than that of the general public. The use of safety restraints reduces this risk of death and serious injury and assists officers in maintaining proper control of their vehicles in pursuit and/or emergency highspeed operations. To assure the safety of all personnel, safety belts shall be worn at all times by drivers and passengers in all vehicles owned, leased or rented by the department. This also applies to the operation of privately owned or other vehicles if used on-duty Procedures A. Department personnel shall use the safety belts installed by the manufacturer properly adjusted and securely fastened when operating or riding in any vehicle so equipped if used while on duty. B. Lap belts shall be properly secured in those vehicles equipped with automatic safety belt systems that require the lap portion of the belt be manually secured. C. The driver of the vehicle is responsible for ensuring compliance by all occupants of the vehicle they are operating. Federally approved child restraints shall be used for all children for whom such restraints are prescribed by State statute. D. No person shall operate a departmental vehicle in which any safety belt in the driver's seating position is inoperable. E. No person shall modify, remove, deactivate or otherwise tamper with the vehicle safety belts except for vehicle maintenance and repair and not without the express authorization of the Chief of Police. F. Personnel who discover an inoperable restraint system shall report the defect to their immediate supervisor. Prompt action will be taken to repair or replace the system. G. Any person(s) under arrest and being transported in department vehicle(s) is required to be secured in the vehicle by a safety belt in all seating positions for which safety belts are provided by the vehicle manufacturer. 1 H. An officer operating in an undercover capacity may be exempt only if the officer believes the use of the safety belt will compromise his identity. Page 1 Reference: , Last Modified: September 6, 2005 Effective: 1 Jan 93 Last Reviewed: September 6, 2005

18 General Order: PR-315 South Burlington Police Department I. When arriving at an emergency call or making a vehicle traffic stop, the operator may remove the safety restraint just prior to stopping for quick exit. Caution should be exercised to ensure that during the traffic stop the violator is in fact going to stop. This prevents becoming involved in a pursuit without the use of the safety belt. J. If negligence or noncompliance with the requirements of this order is displayed, appropriate corrective or disciplinary action shall be initiated as prescribed by department policies. 1 This applies to cooperative prisoners. If in the discretion of the arresting officer, attempting to secure a safety belt on the prisoner compromises their safety, it need not be applied. Approved By: Date Approved: Page 2 Reference: , Last Modified: September 6, 2005 Effective: 1 Jan 93 Last Reviewed: September 6, 2005

19 General Order: PR-327 South Burlington Police Department Traffic Enforcement Traffic Enforcement is one of the primary functions of the Prevention Services Division. The detection of traffic law violations may be proactive by an officer on patrol or may be reactive in response to community concerns. As we move closer to community oriented policing it becomes more evident that the involvement of the community must increase towards the reduction in traffic violations, accidents, and criminal violations. The purpose of this general order is to establish procedures for traffic enforcement through proactive and preventive enforcement and reactive patrols. While utilizing these methods, the officer will enhance the relationship between the community and the police department. All officers will treat every citizen with respect and do their part in furthering good community relations with the public Policy It shall be the policy of the South Burlington Police Department to enforce all traffic laws without prejudice throughout the community. The responsibility of enforcing traffic laws and fulfilling this policy is that of every uniformed officer Traffic Enforcement Practices A. Visible Patrol (a) Prevention Services officers will be involved in visible traffic patrol during the normal course of their duties, which includes observation and enforcement of traffic violations. 1. Area Enforcement - Involves traffic enforcement in an officer's assigned patrol area for that shift. 2. Line Enforcement - Involves traffic enforcement on a particular street in the city (i.e., Williston Rd from Airport Rd to Gilbert St.). 3. Directed Enforcement - Specifies traffic enforcement at a specific location for a specific reason (i.e., stop sign enforcement at Hadley Rd and Meadow Rd). B. Stationary Observation (b) Prevention Services officers may use covert or overt observations in the enforcement of traffic law violations. Officers should be visible to the general public while they are filling out paperwork so that the public will be reminded and encouraged to obey the traffic laws. Page 1 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

20 General Order: PR-327 South Burlington Police Department Officers should be encouraged to use overt observation rather than covert. The use of covert observation is generally not accepted by the public. The use of covert observations is sometimes needed to enforce specific violations in specific areas. C. Use of Unmarked Vehicles (c) Prevention Services officers shall utilize marked police cruisers or police motorcycles when enforcing traffic law violations. The use of an unmarked vehicle may be used at the discretion of the unit manager for traffic law enforcement. The unmarked vehicle must be equipped with blue lights and a siren and be driven by a uniformed officer. The officer must also carry his South Burlington Police identification card S.H.A.R.P. A. SHARP is a program that directs special attention to Traffic Enforcement. The program includes directed patrols throughout Chittenden County in: 1. Driving While Intoxicated (a) 2. Truck Violations 3. Seat Belt Use B. Members of Chittenden County Law Enforcement Agencies belong to the SHARP Team. C. The Department of Highway Safety and the SHARP Team Coordinator work jointly to develop strategies and schedules to adequately perform the directed patrols Types of Violations A. Driving While Intoxicated/Under the Influence of Drugs (a), Officers should arrest all persons suspected of driving under the influence of alcohol or drugs. Once a person has been taken into custody for suspicion of driving while intoxicated, a violation of Title 23 VSA 1201, the officer will process the violator for the violation. The officer will follow procedures and use forms that have been set forth through the Vermont Criminal Justice Training Council and the State of Vermont for properly administering the evidentiary breath or blood test through either the DataMaster Infrared machine, or a physician drawing the blood. Page 2 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

21 General Order: PR-327 South Burlington Police Department SEE ALSO G.O. PR-314 DUI Enforcement B. Speeding Violations (c) Officers may determine the speed of a vehicle by pacing it, or using some type of speed measuring device (radar, laser, or visual estimation). Officers shall enforce speeding violations by use of verbal warnings, written warnings, Vermont Traffic Complaints and Vermont Criminal Citations. Nothing in this policy shall take away the Officer's discretion in using one form of enforcement or another. C. Other Hazardous Moving Violations (d)(h) A hazardous moving violation shall mean any violation of any provision of Title 23, while the motor vehicle is being operated on a public highway, over which operation the operator has discretion as to commission of the act. Officers may observe a hazardous moving violation. This violation may be enforced by utilizing the Vermont Civil Violation Complaint, a Criminal Citation or a verbal or written warning. Any criminal misdemeanor or felony shall be given a Criminal Citation or the person may be physically arrested if the person meets Rule 3 criteria or a felony has been committed. D. Equipment Violations (f) Officers observing equipment violations should stop the vehicle and give a verbal or written (Equipment Repair Order) warning or issue a Vermont Civil Violation Complaint. If a written (Equipment Repair Order) warning is issued, the officer must tell the violator that he has 72 (Seventy-two) hours to have the violation repaired. The slip must be signed by a certified mechanic or police officer, and returned to the officer. If the officer does not hear from the violator in that time period of 72 (Seventy-two) hours, the officer may issue a Vermont Civil Complaint to the violator. E. Public Carriers/Commercial Vehicle Violations (g) These violations will be enforced by the officer as he would any other violator. The officer may enforce these laws with warnings, Vermont Civil Complaints, or Criminal Citations. (Special Attention to Serious Violations ) Page 3 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

22 F. Non-hazardous Violations General Order: PR-327 South Burlington Police Department Non-hazardous violations shall mean any violation of a provision of Title 23 pertaining to parked vehicles, equipment, size, weight, inspection or registration of the vehicle and child restraint systems or seat belts as required in section 1258 of Title 23. These violations will be enforced by the use of warnings, Vermont Civil Complaints, and/or Criminal Citations. G. Multiple Violations (i) Officers may use their discretion when dealing with multiple violations. The officer may issue warnings, Vermont Civil Complaints or Criminal Citations for any or all of the violations. If a criminal act has occurred, the officer may issue a Criminal citation. If there are other violations that are observed, the officer may issue any of the above enforcement actions. H. Off Road Vehicle Violations (e) Off road vehicles include mini-bikes, motorcycles, four-wheelers, three wheelers, snowmobiles. Any violation of Vermont law may be enforced through warnings, Vermont Civil Complaints or Criminal Citations. Persons operating an unlicensed vehicle on a public highway shall be directed to remove the vehicle from the highway. Unlicensed juveniles operating on a public highway shall be stopped and not allowed to continue. The juvenile's parent or guardian will be notified about the incident and be requested to come and take custody of the juvenile and the machine. I. Newly Enacted Laws and/or Regulations (j) When a new law or traffic control device is put into effect, the officer should use his discretion for the first week or two by using verbal and written warnings when enforcing the law or device. Nothing in this policy shall prevent the officer from issuing a Vermont Civil Complaint Types of Enforcement Action Enforcing traffic law violations will result in one of the following actions by the officer. These enforcement actions may by used with discretion by the officer depending on the circumstances and the severity of the offense. A. Warnings: A verbal or written warning may be issued to the violator for a minor violation, a unique or unknown law to the violator or for defective equipment. The officer should take Page 4 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

23 General Order: PR-327 South Burlington Police Department into account the time of day, the amount of traffic, weather conditions, and the amount of pedestrian traffic when deciding to give a warning or a Vermont Civil Complaint , B. Equipment Repair Order: An equipment repair order may be issued for defective equipment violations. These violations may include, but are not limited to, head lights not working, tail lights not working, defective muffler or a cracked windshield. If the Repair Order is not returned to the officer within seventy-two hours, the Officer may issue a Vermont Civil Complaint , C. Vermont Civil Complaint: A Vermont Civil Violation Complaint (VCVC) may be issued to an operator who is in violation of any provision of Title 23 VSA or rule adopted under Title 23. A Vermont Civil Complaint should be issued to a violator who is jeopardizing the safety of the community and/or the efficient flow of vehicular and pedestrian traffic. These violations may include, but not limited to, status violations, hazardous moving violations, or operating unsafe and improperly equipped vehicles. Additionally, officers are encouraged to write VCVC s for violation of Title 23, section 1258 (Child restraint systems; persons under age 16) and/or to enhance a VCVC for a violation of Title 23 section 1259 (Safety belts; persons age 16 and over) , D. Vermont Criminal Citation or Physical Arrest: An operator who is in violation of any criminal offense outlined in Title 23 VSA shall be issued a Vermont Criminal Citation to appear in a Vermont District Court at a specified time and date. If the operator falls into one of the Vermont Rules of Criminal Procedure 3 (Rule 3) criteria for physical arrest, then the operator shall be physically arrested. The officer shall read the Vermont Criminal Citation to the operator and ask him to sign and date it. If the operator refuses to sign, the officer will write "Refused to Sign" in the space provided for the operator's signature and give a copy to the operator , An operator of a motor vehicle may be given a Vermont Criminal Citation or be physically arrested for the following violations of Title 23: 1. Attempting to Elude, Title 23 VSA Careless and Negligent Driving, (C&N) Title 23 VSA 1091(a) 3. Careless and Negligent Driving (Serious Bodily Injury Occurring)-Felony, Title 23 VSA 1091(c) 4. Driving While License Suspended (Criminal) Title 23 VSA Driving While Intoxicated (.08%), Title 23 VSA 1201(a)(2) 6. The person has violated 23 V.S.A (operating a vehicle under the influence), and has a prior conviction under section Page 5 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

24 General Order: PR-327 South Burlington Police Department 7. Excessive Speed Title 23 VSA Operating Without the Owner's Consent Title 23 VSA Leaving the Scene of an Accident, Title 23 VSA Limitations and Considerations Officers of the South Burlington Police Department will enforce all state and local traffic laws equally, without regard to the person's sex, race, creed or sexual preference. The following categories may require some special considerations. A. Nonresidents of South Burlington will be treated in the same manner as that of a resident. It will be up to the officer's discretion as to what type of action will be taken in each case. B. Juveniles will be treated in the same manner as an adult offender. If the juvenile is to be physically arrested, then the officer will follow the proper procedures as set forth by Vermont Law. C. Legislators: Local state legislators will be treated in the same manner as any other violator. There are no Vermont Laws exempting Legislators from obeying the laws of the State of Vermont. However, under Title 12 V.S.A, section 3577 Privilege from arrest there is the following exception regarding arresting certain elected officials: o (a) The governor, lieutenant governor, state treasurer, secretary of state, auditor of accounts, attorney general and members of the general assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony and breach of the peace, shall be privileged from arrest and imprisonment during their necessary attendance on and in going to and returning from the general assembly. Vermont s 2 elected Senators and 1 elected Representative to Washington DC shall in all cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. (Constitution of the United States of America, Article 1, 6) D. Foreign Diplomats/Consular Officials Families or Servants may be issued a Vermont Civil Complaint or a citation, but may not be physically arrested per the Diplomatic Relations Act Page 6 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

25 General Order: PR-327 South Burlington Police Department of The officer may detain the person until his diplomatic immunity is established. The officer should contact the State Department to establish the diplomat's immunity and to inform them of the violation that has been committed. E. Military personnel will be treated in the same manner as any other violator. Special attention must be paid to the Soldier's and Sailor's Relief Act of 1940 if the operator is on or is going into active military duty Speed Enforcement Enforcement Procedures The department will utilize radar or laser in high or potentially high motor vehicle crash locations when speed is a factor; in areas where speed limit violations are prevalent; and in response to citizen complaints concerning speeding motorists; and to conduct traffic volume and speed percentile studies. A. Radar /Laser Units (a) 1. All radar / laser units used by the South Burlington Police Department will meet or exceed the specifications of the National Highway Traffic Administration, and the International Association of Chiefs of Police. 2. All radar/laser units shall comply with all local, state and federal regulations. B. Operation of Radar/Laser Units (b & c) The following guidelines are established for the use of radar/laser equipment, which will always be operated in compliance with the manufacturer's instructions. 1. All officers utilizing the radar & laser units will be properly certified through the Vermont Criminal Justice Training Council. 2. The radar & laser unit must be properly installed and connected to the appropriate power supply. 3. The effective range of the particular radar & laser unit must be thoroughly understood by the operator, so visual observations can support the speed meter readings. 4. The operator must choose an appropriate location where speed has been identified as a factor through personal experience or through directions of the Unit Manager. The Page 7 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

26 C. Pacing General Order: PR-327 South Burlington Police Department officer should choose a spot that is conducive to the effective and safe operation of radar & laser. 5. The radar & laser unit will be properly checked to insure accuracy in checking speed. This check will be performed prior to use at a location. Most manufacturers recommend specific methods of checking the radar & laser unit. These methods will be followed without exception (d) 6. An operational check of the radar unit will be made upon arrival at the selected location for speed enforcement. The radar unit will be checked after each VCVC is issued or if the cruiser has moved from the location of the last operational check. With moving radar, an operational check will be done at the beginning of the shift, after each vehicle stop, and periodically during the shift to ensure the unit is functioning properly. 7. If a radar /laser unit fails the operational check, the officer will immediately take the unit out of service and notify the Support Services Manager for repair of the unit (d) 8. Officers, unless qualified, will not perform any repair work on the radar /laser unit except for the replacement of the fuse. 1. The officer should follow the vehicle being paced for at least 1/4 of a mile while keeping a constant interval between them, in order to obtain a reading on the speedometer indicating that the vehicle being paced is exceeding the posted speed limit (f) D. Elements for Court 1. The officer must establish the time, place and location of the vehicle that was checked, the identity of the operator, the speed of the vehicle and the visual and radar check of the vehicle. 2. The officer must establish their qualifications and training. 3. The officer must establish that the radar/laser unit was operating and was operated properly. 4. The officer must establish the radar/laser unit was tested for accuracy prior to and after use of the unit by the approved method. Page 8 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

27 General Order: PR-327 South Burlington Police Department 5. The officer must establish and identify the posted seed limit signs in the area in which the vehicle was stopped. E. The Support Services Division Manager is responsible for the periodic and required maintenance or repairs of the radar/laser units. The Support Services Manager will also keep all records and certificates for all repairs and calibrations that are done (e) Driving While License Suspended (b) All traffic violators should have their licenses checked through the Department of Motor Vehicle computer in dispatch. When an officer has identified that a person has a suspended or revoked license they shall do the following: A. Ascertain through the dispatcher whether the offense is criminal or civil. 1. Civil Suspension The violator will be given a Vermont Civil Complaint, and released. The operator will be told that there is no mandatory court appearance, but may request one. 2. Criminal Suspension a. The violator will be given a Vermont Criminal Citation to appear in court. The operator will be told that this is a mandatory court appearance. b. The violator may be physically arrested if they meet one of the Rule 3 criteria set forth in Vermont law. B. The violator may not drive the vehicle. The vehicle may be driven by another licensed operator to legally park the vehicle or drive the vehicle away. If the violator has no other person to drive the vehicle from the roadway, the officer may move the vehicle for the violator, if the violator gives permission. C. If the violator has no other operator to move the vehicle and refuses to give the officer permission to move the vehicle; the officer may have the vehicle towed by the next available wrecker on the wrecker list Parking Enforcement A. All existing parking regulations, both state and local will be enforced with reasonableness and impartiality in all areas of South Burlington. Enforcement will generally be initiated on: Page 9 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

28 1. Complaints received General Order: PR-327 South Burlington Police Department 2. Where traffic hazards exist 3. Areas of continued violations B. Officers of the South Burlington Police department will enforce violations on city streets, fire lanes and handicapped parking spaces as provided in Title 23 V.S.A. 304(a). C. Violators may be issued a South Burlington Parking Summons or Vermont Civil Complaint. D. Officers will tow vehicles from the roadway from December 1st till April 1st during the hours of 12:00 am to 06:00 am when the South Burlington Street Department has declared a snow emergency. During that time period, if no snow emergency has been declared, officers shall ticket the vehicles left on city streets. 1. Although a snow emergency is declared, officers will make reasonable efforts to contact the owners of vehicles parked on the street prior to having them removed by a towing service. E. Officers may tow vehicles that are creating an immediate hazard to the general flow of traffic. Officers may also tow vehicles that are parked in properly posted tow zones as well as issuing a City Parking Summons. F. Officers that observe a vehicle parked in a handicapped parking area not displaying a handicapped plate shall have the vehicle removed as per T.23 VSA 304(e) Pedestrian and Bicycle Enforcement A. The Prevention Services Division will, through the efforts of the Youth Services Unit, conduct safety talks to schools, private groups, public groups, and business organizations. The education program will have as its goals; 1. The education of the public with regards to the safe use of city streets, roadways and bike paths by pedestrians and bicyclists; 2. Emphasis will be placed on the reduction of fatality and injury accidents involving pedestrians and bicyclists. B. Data will be analyzed and reviewed from crashes involving pedestrians and bicyclists along with citizen complaints involving pedestrians and bicyclists. This data will be used in Page 10 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

29 General Order: PR-327 South Burlington Police Department assigning officers to selected areas to reduce the number of violations and crashes involving pedestrians and bicyclists (a) C. Officers shall use their discretion when dealing with pedestrians and bicyclists. Depending on the seriousness of the action, verbal and written warnings may be used as well as Vermont Civil Complaints when enforcing State and local ordinances regarding bicycle and pedestrian laws (l) Off Road Vehicle Enforcement A. Off road vehicles shall include, but not limited to, dirt bikes, mini-bikes, three- wheelers, four wheelers, snowmobiles, etc. 1. An officer that observes an unlicensed off-road vehicle that cannot be legally operated on the highway should stop the vehicle and have it removed from the roadway and take appropriate enforcement action. 2. Officers shall take appropriate enforcement action to insure compliance with local and state laws as they pertain to off-road, motorized vehicles. 3. Officers shall strictly enforce the local laws of off-road or motorized vehicles on the city's bike path. 4. Juvenile operators of off road vehicles who do not have a valid license will be cited in the same manner as adults if they are over 16 years of age or older. Juveniles younger than 16 years of age, the parent or guardian may be cited per Vermont law Contact Procedures Stopping and Approaching Traffic Violators Stopping and approaching traffic violators is one of the most dangerous functions that the Prevention Services Division performs. The following procedure is intended to provide the officer, the violator, and the general public the maximum protection possible during a traffic stop. This procedure will be followed and may vary according to road and traffic conditions, bearing in mind that the following procedures are for ideal conditions. A. Stopping a vehicle Page 11 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

30 General Order: PR-327 South Burlington Police Department 1. A traffic stop begins when an officer observes a violation and positions themselves behind the traffic violator s vehicle. 2. The officer will notify the dispatcher of the license number and state of the vehicle that is going to be stopped and the intended location. If there is no plate on the vehicle, then a description of the vehicle will be given. 3. The officer will be familiar with his patrol area and anticipate an appropriate location for the stop giving consideration to traffic flow, lighting, road design and space. Officers should be mindful not to stop vehicles on curves, hills, intersections, private drives and parking lots with limited parking. 4. The officer should signal the violator with his emergency blue lights and horn or siren if necessary. 5. The violator should be signaled to pull to the right side of the roadway as close to the curb or on the shoulder if the roadway has one. 6. Should the violator stop abruptly or in an unsafe area, they should be moved to an appropriate location. The officer should use the public address system to instruct the violator where to go. If the violator is on a multi-lane roadway, the officer should insure the safety of the violator while making lane changes until the violator is on the right side of the road. 7. Once the violator has stopped in an appropriate location, the officer should position his vehicle one half to one car length behind the violator's vehicle. The cruiser should be positioned so that it offers the officer maximum protection from oncoming traffic. The suggested position is placing the cruiser at an angle, so that the front of the cruiser is approximately two feet to the left of the violator's vehicle and the right rear of the cruiser is closest to the curb. The front wheels of the cruiser should be turned to the left. 8. Prior to exiting the vehicle, the officer should observe the violator's vehicle for a few seconds looking for any suspicious activity. The officer should then exit the vehicle after checking for any traffic approaching from the left rear while consciously watching for any suspicious movement or actions on part of the violator or other occupants. 9. The officer shall approach the violator's vehicle from the rear looking into the rear seat area and stopping at a point near the rear trailing edge of the front left door. This position shall be maintained only if there are occupants in the front seat. From this position, the officer can communicate with the violator, keeping him in an awkward position and at the same time keeping all the occupants in view. The officer may opt Page 12 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

31 General Order: PR-327 South Burlington Police Department for an approach from the right if the officer deems that traffic is so close as to constitute an immediate hazard if they approach from the left. 10. In those cases where there are occupants in the front and rear seats of the violator's vehicle the officer should approach the vehicle on the left to a point near the rear trailing edge of the front left door. The officer must be on alert for any unusual actions on the part of the occupants and should choose a path so that the doors cannot be used as a weapon against the officer. 11. If a second officer is sent to back up the initial officer, the second officer will exit their vehicle and act as an observer and cover the fellow officer. 12. At night, the procedure is basically the same with the additional necessity of exercising caution in selecting an appropriate place for the traffic stop, signaling the violator and positioning the police vehicle. After the stop, the headlights should be on low beam for the safety of on coming traffic. The spotlight and take down lights may be used for illuminating the inside of the violator's vehicle. B. Stopping an Approaching Vehicle If the officer observes a traffic violation occur in oncoming traffic, the officer will take the following actions: 1. Drive the cruiser to the extreme right hand side of the roadway. 2. As the violator approaches, signal the violator to stop. Do not leave the cruiser in an attempt to use hand signals as this places the officer in a very hazardous position. 3. If the violator observes the officer's signal and stops, the officer will turn the cruiser around and position it appropriately to the rear of the violator's vehicle. 4. If the violator does not see the officer's signal to stop, the officer will safely turn the cruiser around, and if possible, catch-up to the vehicle at which time the officer will stop and approach the vehicle in the usual manner. C. Stopping a Following Vehicle If the officer observes a motor vehicle violation occur behind them, the following procedure will be used: 1. The officer will drive to the right side of the road. Page 13 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

32 General Order: PR-327 South Burlington Police Department 2. As the violator approaches, the officer will remain in their cruiser and signal the operator to stop. 3. If the violator fails to stop, the officer will follow paragraph A above and stop the violator in the usual manner Officer s Conduct Toward Traffic Violators Traffic law enforcement is one of the many tasks that are performed by the Prevention Services Division. This type of enforcement is usually one of the first personal contacts that violators have with the police. For some violators, it is an emotionally traumatic experience. Officers should be aware of these circumstances and try to make each contact educational and that the officer performed his job in a professional and courteous manner. For these reasons, it is important that the officer make a conscientious and special effort to present himself and the department in a favorable way. Once the violator has been stopped and the officer approached the violator's vehicle, the officer-violator relations are activated. The officer will: A. Present a professional image in dress, grooming, mannerisms, language, bearing and emotional stability; B. Be absolutely certain of the observed traffic violation, without reservations. Decide on appropriate enforcement action prior to initiating contact with the violator. Enforcement action should not be based on the violator's attitude. C. Greet the violator and tell the violator the reason for being stopped. D. Request that the violator produce their license, registration and insurance form. The officer should accept only these forms unless there is a need for another type of identification; E. Discuss the violation with the violator being sure not to berate, belittle, argue with or verbally abuse them. The officer will discuss the enforcement action he is going to take with the violator; F. Be alert for signs of physical impairment, drug and/or alcohol abuse and emotional distress. If the officer observes any of the above, he should take appropriate action in assisting the violator in an appropriate manner; G. Have the necessary forms and equipment in the cruiser for immediate use; Page 14 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

33 General Order: PR-327 South Burlington Police Department H. The necessary forms will be filled out completely, legibly and quickly. The officer will explain to the violator what the violator needs to do in response to the action taken, whether it is paying a fine, appearing in court, or a written warning. The officer will also explain to the violator what affect the enforcement action will have against the operator's driving record; I. Assist the violator in reentering the flow of traffic safely after the stop is completed Informing the Operator of Court Appearance/Fine A. Court Appearance: Physical Arrest/Lodging - The person that has been physically arrested and taken to the Chittenden County Correctional Center shall be informed of the charge that they are being incarcerated for and the approximate time and the day that they will be arraigned. The person will also be advised, as soon as possible, the bail that has been set by the court. 2. Citation - If a person is given a citation to appear in Vermont District Court, he/she must be read the entire Vermont Criminal Citation. The citation lists the date, time and place of the appearance as well as the criminal charge. The citation also states that appearance is mandatory and that if the person does not appear, there will be an arrest warrant issued for him/her. The officer should also explain the information sheet that is given with the citation. If the person is a juvenile, under the age of 16, the officer will petition the court for charges to be brought against the juvenile. 3. Vermont Civil Complaint - The officer may inform the person that he/she may appear in court if they desire to do so by checking the appropriate box on the reverse side of the Civil Complaint and send it in to the Vermont Traffic Bureau. The Vermont Traffic Court will then assign a court date for the case to be heard. B. Fines Physical arrest - Advise the person that the fine will be set by the judge when a plea of guilty or a determination of guilt by the court has been made. 2. Citation - Follows the same guideline as physical arrest. 3. Vermont Civil Violation All fines for violations are found in Vermont State Statue, Title 23, Schedule of Fines. The officer may provide the violator with a copy of the Vermont Civil Violation Complaint Form 420. The officer may then explain that if the violator does not wish to contest the complaint, he/she may pay Page 15 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

34 General Order: PR-327 South Burlington Police Department the fine, check the appropriate box on the back of the complaint and send it in to the Vermont Traffic Bureau within 20 days Preparation and Processing of Citations and Reports A. Vermont Civil Violation Complaints An officer will ensure that when a Vermont Civil Violation Complaint is issued all of the needed information is obtained. The officer will write his notes on the back side of the form as soon as possible after the complaint is issued. At the end of the officer's shift, the officer will sign the complaint(s) in front of a notary public and hand the complaint(s) into the Unit Manager. The Unit Manager will ensure that all the needed information is filled in and the complaint(s) will be sent to records for processing and filing. B. Arrest Reports Traffic enforcement arrest reports will be handled in the same manner as any other arrest. The appropriate forms will be filled out and the entire arrest report and any other supplemental form will be handed into the Unit Manager for review and then sent to records for final processing Records Accountability of Vermont Civil Complaints and Warning Tickets A. Issuance of Vermont Civil Complaints and Warning Tickets (a & c) Vermont Civil Violation Complaints (VCVC), and Warning Tickets will be obtained from the locked filing cabinet in the dispatch center. Officers in need of Civil Complaints forms, or Warnings will: 1. Notify a supervisor so that the cabinet can be unlocked 2. Document the VCVC and/or warning ticket numbers in the logbook indicating the date, ticket numbers and receiving officer. 3. The supervisor issuing the proper forms and will ensure that the appropriate information is recorded when the warnings/complaints are issued. Page 16 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

35 General Order: PR-327 South Burlington Police Department B. Voided Complaints (b) Officers will exercise due care to minimize the voidance of Vermont Civil Complaints. 1. Complaints C. Amended Complaints Should a Civil Complaint form need to be voided, the officer shall see the Division Manager to get the appropriate form supplied by the Vermont Traffic Bureau. The form shall be filled out by the officer and then approved and signed by the Division Manager. Once this is done, the officer will collect all copies of the complaint and give the operator their copy of the voidance form. The officer will turn in the completed voidance form and Civil Complaint form to the Division Manager. The Division Manager will forward the voided Civil Complaint form and voidance form to the records department for distribution and filing. Officers who wish to amend a complaint will see the Division Manager for the appropriate form supplied by the Vermont Traffic Bureau. The officer will fill out the form and have it approved by the Division Manager. The officer will give the appropriate copy of the form to the operator. The officer will then return the form and the appropriate Civil Complaint copies to the Division Manager who will forward them to the records department for distribution and filing. D. Lost or Stolen Vermont Civil Complaints (b) If Vermont Civil Complaints are lost or stolen; the officer shall make a full written report as to the circumstances surrounding the incident and submit it to the Division Manager. The Division Manager will notify the Chief of Police and the records department. The Vermont Traffic Bureau will be notified in writing by the records dept about the incident and the numbers of the Vermont Civil Complaints so their records may be kept updated. E. Completed Vermont Civil Complaints 1. Officers will sign their complaints in front a Notary Public. The officer will then place the Vermont Civil Complaints into the records basket at the end of their shift. 2. The Records Dept will see that the Vermont Civil Complaints are logged in the appropriate computers. The Vermont Civil Complaints will be filed and the appropriate forms and copies will be sent to the Vermont Traffic Bureau. F. Dispositions of Complaints Page 17 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

36 General Order: PR-327 South Burlington Police Department When a disposition of a Vermont Civil Complaint comes back to the South Burlington Police Department the records department will see that the disposition is placed with the original complaint. G. Audit of Vermont Civil Complaints This is covered in G.O. OP-217 Records Re-examination Request to Vermont Department of Motor Vehicles Officers detecting an operator who appears to be incompetent, physically or mentally disabled, or suffers from a disease or other condition that prevents the operator from exercising due reasonable and due care over a motor vehicle shall forward a written request to the Commissioner of Motor Vehicles. The request shall be submitted on Department of Motor Vehicles Form TA-VG-149 or a locally developed form of a similar format. A. The request should contain the following. 1. A detailed description of the observed problem. 2. The summary portion of the request must be written in such detail that reasonable grounds for reexamination are conclusively established. 3. The officer will sign the request. If there is an accident involved, a copy of the accident report will be set with the request to the Commissioner of Motor Vehicles. 4. The Unit Manager will review and approve the request. Approved By: Chief Trevor Whipple Date Approved: May 2, 2009 Page 18 Reference: Chapter 61; 61.1, 61.3 Last Modified: May 2, 2009 Effective: 1 May 98 Last Reviewed: May 2, 2009

37 TRAINING In 2009, the South Burlington Police Department provided many hours of Traffic Safety training to its officers. The Prevention Services (Patrol Division) consists of twenty five officers, 24 Officers assigned to the six patrol teams and one officer assigned to the Traffic Safety Unit. All officers are encouraged to submit requests for training through their supervisors. As new trainings become available supervisors may recommend officers to attend these trainings. Cpl. LeBlanc - Car Seat Fitting Station Occupant Protection In 2009, South Burlington Police Department maintained two officers and one dispatcher as Car Seat Technicians. Cpl. LeBlanc and Officer Redmond attended the annual Child Passenger Occupant Protection Update, provided by Vermont GHSP. Dispatcher Moira Adams attended the full Child Passenger Course. During the 2009 year many officers in patrol have asked multiple questions about child passenger safety and occupant protection. Officers were explained the use and installation of the child safety seats the department uses when coming in contact with juveniles. Although these training opportunities were informal, the officers of South Burlington Police Department have the basic knowledge of occupant protection. Officer Plunkett - Impaired driver apprehension Impaired Driver Detection & Apprehension This year South Burlington Police Department documented 95.6% of its patrol officers attended training in the Online Alco-Sensor FST Operator Course. This training provided the officers the updated knowledge to use the new and improved FST Alco Sensors provided by Grant funds from Governor Highway Safety. Included in other training were a new officer DUI Course, Datamaster Supervisor Course, Calibration and Maintenance, Supervising Sobriety Check Points, and Advanced Roadside Impaired Driving Enforcement. Speed Detection and Apprehension 6

38 South Burlington Police Department trained one new officer in speed enforcement. These courses included Radar and Lidar. As individual teams they went over Crash Investigations at an agency level. All courses gave the attendees the ability to determine speed in order to enforce our local and state speed violations by the use of a vast amount of tools. The collision investigation training will help increase our ability to write speeding tickets as they relate to traffic collisions. Sgt. Daniel Brunelle - Speed Enforcement Other Traffic Related Training In 2009 the South Burlington Police Department documented 79.4% of all sworn officers attended multiple other trainings related to traffic safety. The trainings are listed as follows: VIN Verification Conducting Complete Traffic Stops: Interdiction Training Harley Davidson Basic Motor Officer Course Commercial Motor Vehicle Enforcement Foreign CMV Awareness Police Driver Instructor Course MCSAP - Recertification Update HAZMAT Course The Traffic Safety Unit provides roll call training as necessary related to motor vehicle law updates and officer safety issues during traffic stops. The motorcycle training allowed officers to use the Police Motorcycle as another traffic enforcement tool. On the Police Motorcycle, officers are not as visible and allow the officer to blend in with the surroundings rather than standing out with a marked police cruiser. The commercial motor vehicle enforcement training allows the officers to enforce not only the local and state laws, but the federal laws as they relate to traffic safety. 7

39 The HAZMAT training provides the officers the knowledge of dealing with the many different types of hazardous materials that may travel through the city highways. These trainings were provided by The Vermont Police Academy and other local and state agencies. Some of the training was internet based and some were provided by out of state, police academies. The South Burlington Police partners with many agencies to provide quality training for its employees. Attached is a copy of South Burlington Police Patrol Training Log for the Patrol Division. During the 2009 year the Patrol Division logged approximately 756 hours in traffic enforcement and safety training hours reaching approximately two thirds of the sworn police officers with some form of traffic enforcement training. Many of the officers trained have returned and are now using this training to better serve the South Burlington community. 8

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49 PUBLIC INFORMATION AND EDUCATION In 2009 the South Burlington Police Department continued its partnership with the Prevention Services Division (Patrol and Youth Services) and other cooperating agencies to increase awareness of critical occupant and highway safety issues. Through the use of the internet, news papers, community events and enforcement the police department continually placed traffic safety in the fore front. The Traffic Safety Division maintained up-to-date traffic safety information to the general public via the department website. This site is found at Posted to the websites are Traffic Safety Division Annual Reports for which include the collision statistics, enforcement efforts and educational opportunities. The Youth Services Division supports the Traffic Safety Division with assisting in educational opportunities in our local schools. Occupant protection, bicycle and pedestrian safety issues are discussed at all educational levels within the schools. The Youth Services Division assisted the South Burlington Parent Teacher Organizations with low cost bicycle helmets and the education of proper fit. Youth Services also run camps in the summer and provided a better understanding of traffic related issues. Youth Services Chamberlain School - Walk to School Safety Day 9

50 Lt. James Goslin - Driver s Education South Burlington Police officers throughout the school year help in the Driver s Education classes at the South Burlington High School. Lt. James Goslin also assists Driver s Education of Vermont, owner Russ Floyd with private classes. All the officers work with the teachers on explaining Vermont traffic laws, particularly how they relate to occupant protection, motor vehicle collisions, driving under the influence of drugs/alcohol and speeding. These officers also explain to the class attendees what to expect when you are pulled over. These classes have expanded to Rice Memorial High School and Vermont Commons School. School Resource Officers Solomon and Grealis taught basic motor vehicle law and DUI enforcement for both South Burlington and Rice High Schools. They also taught health class for SBHS dealing with Drug and Alcohol Usage as it relates to motor vehicle crashes. Cpl. Solomon taught symptoms of alcohol consumption presentation to the bus drivers, per school district request. Officer Grealis and Solomon both taught a summer Teen Police Academy with lessons in motor vehicle enforcement, crash investigation, Radar and Lidar. Cpl. David Solomon teaching Summer Police Academy 10

51 Dispatcher Moira Adams Car Seat Education The South Burlington Police Department has three certified Child Passenger Safety Technicians. These officers run a Governor Highway Safety Program Fitting Station, 24 hours a day for 365 days a year. The philosophy is the South Burlington Police Department will provide this service free and when ever it is needed by the public. The officers well most commonly make appointments with the public, but will also take walk-ins. During the 2009 year we checked 82 child seats and educated parents on the installation and use of their child safety seats. Out of the 82 seats checked only 13 were correctly installed and 23 were new installs. The 2009 Child Passenger Safety season has seen a decline in people coming to fitting stations and special events, but the rate of seats installed incorrectly is still high. During the car seat inspection process, the officers will explain and demonstrate the proper way to install a child passenger car seat into an automobile. During this time we are explaining the dangers of loose items in the vehicle, added after market products and ways to stay safe in the vehicle. The process can take from 45 minutes to an hour (sometimes longer), but the parent leaves with a new understanding and confidence about installing their car seat. This way when a mechanic or the parent needs to remove the car seat, there is no panic if the officers are not available. For the 2009 year each shift, (Days, Evenings, Midnights) had a technician available. Although Officer Redmond on midnights didn t see many seats at 1AM, he was able to provide assistance to parents either headed to work in the early AM or headed home from work in the late evening. Dispatcher Moira Adams was added to the team this year. Cpl. LeBlanc is a Senior Checker for Governor Highway Safety Program and participated in three Car Seat Check Points, Burlington, Williston, and St. Albans. The South Burlington Police Department has been using Traffic Speed Cart/Dolly to educate the motoring public for years. In 2007 we have purchased a new Speed Cart and new Onsite Speed Dolly. The new Speed Dolly is used to assist the Chamberlain School crossing guard. These are more tools to assist in getting the message across to SLOW DOWN! Speed Dolly Prouty Parkway Neighborhood 11

52 South Burlington Police Department participates in multiple traffic safety coalitions, SHARP, TRI-City Grant (Shelburne, South Burlington, and Hinesburg); Click it or Ticket, Labor Day and Holiday DUI Campaigns. During these campaigns we put out press releases to notify the motoring public. It is also not uncommon to put out a press release during a traffic collision in order to update the motorists of dangers and the ability to avoid the area. Each year the South Burlington Police Department organizes and runs the National Night Out. This is the cities largest annual event. The Traffic Safety Unit is part of planning the parade route and maintaining the safety of the participants in the parade. This last year we worked together with the Addison County Community Emergency Response Team and other law enforcement agencies to provide traffic direction during the parade. The parade was a success. Along with the parade is a large gathering at South Burlington High School. Located at the school are fun activities, food venues, entertainment and safety displays. Each year the Vermont Canine Association provides demonstrations and multiple law enforcement agencies come and participate through information display boards. National Night Out is a time for the community to gather and Take a night out to fight crime. By the use of the Front Porch Forum, an based neighborhood alerting system Cpl. LeBlanc was able to speak to neighborhood concerns as it relates to Traffic Safety. Often residents would voice their concerns on this daily posting. Cpl. LeBlanc would either follow up or contact the people directly. Traffic Safety Corner This year Cpl. LeBlanc continued the partnership with the Other Paper to help educate the public on key South Burlington traffic safety issues. One Article was written outlining a serious traffic issue. The 2009 School season found itself with many cars passing stopped school busses on Williston Road. With increased traffic enforcement and the article below it has helped decrease this dangerous situation. From September 2009 to December 2009 we issued 19 tickets for Passing Stopped School Bus. From January 1010 to April 2010 we have only issued 7 tickets for this offense. Also working with a Rice High School student on a stop sign issued in a near by neighborhood. See attached articles. 12

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55 INCENTIVES AND RECOGNITION On Saturday, May 8, 2010, The South Burlington Rotary Club will sponsor the South Burlington Police Awards Ceremony at the Doubletree Hotel and Conference Center. The officers, staff and their families of the department were treated to an appreciation dinner with the Rotary Club community members. The ceremony will be opened with the presentation of the colors by the South Burlington Police Officer s Association Honor Guard. Special Guest, Retired Vermont State Police Colonel James Baker, currently the Executive Director of the Vermont Police Academy addressed the department. During the Awards Ceremony many officers were recognized for a multitude of incidents that occurred from January 2009 to December Several officers were recognized at a team level for their work in speed and occupant protection. A Letter of Commendation was given to Cpl. Paul Kissell, Sgt. Daniel Brunelle and Officer Matthew Plunkett for their efforts in speed enforcement. These three officers combined made up 1/3 of all the tickets/warnings written for speed by SBPD (excluding the Traffic Safety Unit). A Letter of commendation was given to Cpl. David Solomon, Officer Matthew Plunkett and Officer Andrew Johnson for their DUI Enforcement efforts. These three officers combined for over 50% of the DUI arrests in 2009 by the Patrol Unit. 15

56 EFFECTIVENESS OF EFFORTS With all the different enforcement activities the South Burlington Police Department participated in there is still only one question to be asked. How effective were our efforts and where do we go from here? MOTOR VEHICLE COLLISIONS BY THE NUMBERS The primary goal related to traffic collisions was to reduce total crashes by 2% in Year In 2008 there were 881 collisions investigated; in 2009 there were 876 collisions investigated. This is a 1 % decrease in collisions. Looking at the crash data Williston Road from the Burlington city line to Kennedy Drive still has the highest collisions with 231 collisions in In 2009 these collisions decreased to 177 collisions. This is a 1.3 % decrease. The top intersections in decreasing order stayed the same: Williston/Dorset, Williston/Hinesburg and Williston/Kennedy. The 2009 Collision Concentration by Hour/Day of Week indicated 1100 hours to 1800 hours were the busiest time for collisions hours was proven to be the busiest hour for collisions; while Friday was also shown to be the busiest day for collisions. Compared to 2008 Data, Tuesday, Wednesday, and Friday the collisions increased, all other days decreased during these hours. Please refer to Chart 1 & 2 below for visual collision data chart. This data confirms what we as a department are seeing for traffic in the city. The 0800 hour represents the increase in the to work traffic, 1100 hours to 1800 hours represents the lunch hour and the return home traffic. In 2009, SBPD investigated 876 motor vehicle collisions. Chart 3 below shows that only 8.5% of these collisions were injury resulting. Although collisions in 2009 decreased, Injury Collisions only decreased by one motor vehicle collision. Large amount of the collisions that were decreased were minor and property damage only collisions. It should be noted that in the year 2009 we did have one Fatal Collision involving vehicle versus pedestrian. 19

57 2009 Collisions by Hour/Day of the Week SUN MON TUE WED THU FRI SAT TOTALS Totals Chart Collisions By Hour/Day of the Week Sun Mon Tue Wed Thu Fri Sat Totals Chart 2 20

58 2009 Collisions Personal Injury, 75 Fatal, 1 Property Damage Only, 254 Minor, 546 Minor Property Damage Only Personal Injury Fatal (Chart 3) Collision data for the 2009 shows out of the injury collisions 6 were speed related and 6 were alcohol related. This is a less than 1% rate for speed/alcohol compared to the overall collisions. Data in 2008 showed 3 speed related injury collisions and 3 were alcohol related injury collisions. Data for 2007 showed 9 speed related injury collisions and zero alcohol related injury collisions. Year 2007 had no fatal collisions. It should be noted that in the year 2008 we did have one fatal collision which was related to both alcohol and speed. Also a key factor in this collision was too many people in the vehicle. The City of South Burlington did not conduct any seatbelt usage studies in the year The State of Vermont usage rate in the December 2006 was 82.4%. At the end of 2007 we set a record high of 87.1 %. In 2008 Vermont maintained this rating with 87.3%. South Burlington is located in Chittenden County where the seatbelt usage is the highest. Looking at the period, not only a reduction in collisions per year was found, but also a reduction in lack of seatbelt usage during collisions was noted. In 2007 we recorded 956 collisions; 293 collisions reported no seat belt use. In 2008 we recorded 868 collisions; 226 collisions reported no seat belt use. Finally in 2009 we recorded 876 collisions: 141 collisions reported no seat belt use. This data shows a 10% decrease in no seatbelt usage in overall collisions for year Another notable change in collision data was the change at the I89 Southbound Exit #14W Ramp. The addition of traffic control signals on Williston Road (Westbound) and 21

59 Exit #14W Ramp continues to help the collisions on near the Sheraton Hotel and Staples Plaza. The collisions in 2005 were 53, 2006 raised to 66, 2007 lowered to 38, but 2008 there was a decrease down to 8 total collisions in this area. That is a reduction of 89%. This reduction has continued in Statistical data received from the Vermont Agency of Transportation indicates that the City of South Burlington has the second dangerous stretch of roadway in the state. This collision danger area is from the Burlington/South Burlington city line east on Williston Road to the intersection of Hinesburg Road/Patchen Road. The data was collected from the Collision Statistics. Our data also shows a high amount of collisions in this corridor. Motor Vehicle Collision Williston Road Corridor Although it is the second highest, it is not because of speed. This area is a very congested area of the city with many businesses on both side of the street. The most common cause for the collisions in this area is Vehicle Turning Left and Following Too Close. These violations are not normal violations that we can enforce until the collision occurs. In 2009, we continued our increased visibility in this area by monitoring the intersection traffic lights. During the year 2009 officers issued 112 warnings and 94 tickets for violations occurring in this corridor. While this enforcement was going on the police department investigated 158 collisions in this area. This is a reduction in 21 collisions. When it comes to tickets versus written warnings the decision is always left up to the individual officers. Each officer is unique in the reasons why a ticket is chosen over a warning. The statistics show the success we are having on overall traffic violations, the ticket count versus written warnings is very close. In 2009, South Burlington Officers issued 1950 tickets and 2808 written warnings. When it comes to occupant protection for adults or children our department policy prefers a ticket be enhanced or issued. Looking at the statistics dealing with adult seatbelt usage, child restraint and speeding, our enforcement efforts show that over all 97 % of the time an officer issued a ticket over a warning in these categories. There were 3 warnings issued and 49 tickets issued for child restraint and seatbelt usage. 22

60 The chart below represents the change in Motor Vehicle Crime between 2007, 2008 and I feel the reduction in motor vehicle crime is because of the continued dedication by everyone within SBPD towards traffic safety. Chart 4 below represents a drop in the key motor vehicle crimes. Motor Vehicle Crime Comparison Driving Under Influence Neg. Operation Driving License Suspended Attempting to Elude Leaving Scene of Accident Operating Without Owners Consent Chart 5 below represents the breakdown by agency division of the ticket and warning totals. The data shows that every division in the police department is actively participating in traffic enforcement in some form and manor. Warnings versus Tickets Year '07 Year '08 Year '09 Warnings Tickets

61 Overall South Burlington Police Department is encouraged by the enforcement efforts in order to maintain a decrease in collisions. We feel that the decrease is directly related to traffic enforcement in the categories of speed, alcohol and seatbelt usage. Through the constant commitment to these areas we have continued to meet our community s needs. For the year 2010 we are in planning to work more diligently on continued and consistent traffic enforcement in all area year round. As the years go by and the traffic volumes increase on the streets of South Burlington, traffic safety will always be a concern. The South Burlington community members still feel that the number one problem in their city is traffic related issues, collisions, law violations and overall safety on our highways. 24

62 ENFORCEMENT ACTIVITY During the 2009 year the City of South Burlington continued to see the traffic volume on all of its major highways increase. The police department and its citizens continue to make the enforcement of our traffic laws the #1 priority for the police department. In 2009 officers completed 3360 motor vehicle stops for various law violations. Looking at the 2009 year for each of the three categories the officers enhanced 25 traffic tickets for drivers and occupants failing to wear their seatbelts. The officers issued 24 traffic tickets for children passenger safety violations. Officers issued 867 traffic tickets for speeding. During 2009 officers arrested 163 impaired drivers. Over the 2008 year the officers made over 4502 motor vehicle stops for various law violations. We issued 15 child restraint tickets, 101 tickets were enhanced for failure to wear seatbelt. There were 1143 tickets issued for speeding and 159 people arrested for DUI. Comparing the 2008 and 2009 statistics show that our numbers are down and some improvement is needed. During the 2009 year we were involved in 6 state or national special enforcement efforts throughout the year. We participated in 3 check point events and approximately 224 different saturation patrols. The following information is a brief explanation of these special enforcement activities. May 2009 Patrol Click it or Ticket Campaign. It should be noted that Cpl. Todd LeBlanc from SBPD Traffic Safety Unit was assigned to the CIOT Task Force so he was not present for or available for encouragement. South Burlington Patrol Division took a very proactive approach to this campaign. Over the 14 days officers performed 42 saturation patrols and stopped 116 vehicles. During this detail there 134 written warnings and 90 tickets issued. Of the tickets issued 48 were for speeding. There were no seatbelt enhancement violations and 5 Child Restraint tickets. During this campaign there were eight criminal DLS, and two DUI arrests. During this campaign Patrol also handled 16 other arrests for non-motor vehicle violations. 16

63 November 2009 Click it or Ticket Campaign This campaign was from November 25 th to November 29 th. This year SBPD stopped 64 vehicles and contacted 170 people, issuing a total of 44 tickets. Eighteen tickets were for speeding, none were enhanced for seatbelt violations, and three child restraint tickets were issued. There was one criminal DLS and one DUI arrest. May 2009 Click it or Ticket Task Force. During this campaign Cpl. Todd LeBlanc ran the Northern Unit throughout the 14 day campaign. The Northern Task Force logged approximately 352 hours of patrol Labor Day DUI Campaign You Drink & Drive, You Lose This campaign ran from August 21 st to September 7 th. During this campaign we were unable to do a DUI check point due to staffing but logged 55 Saturation Patrols. The officers contacted 449 people. There were 11 DUI arrests and 29 other arrests. There were 74 tickets issued. There were a total of 37 speeding tickets issued, no child restraint or seatbelt enhancements. During this campaign there were three Tri-Grant saturation patrols and one SHARP Detail December Holiday DUI Campaign You Drink & Drive, You Lose. This campaign ran from December 16 th to January 3 rd. During this campaign it was a combined effort of patrol and special details. During this campaign there were 57 Saturation Patrols. During that time 11 people were arrested for DUI, 31 other arrests were made. A total of 59 tickets were issued, where 16 were for speeding. There were not any seatbelt or child restraint violations. These patrols and special details met 297 people on the road. 17