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Home My Public Portal About083-1991 - DEFEATED - ORDINANCE REULATING THE OFFICIAL ACTIVITIORDINANCE NO. 83-1991 AN ORDINANCE REGULATING THE OFFICIAL ACTIVITIES OF EXTRAJURISDICTIONAL LAW ENFORCEMENT OFFICERS WITHIN THE MUNICIPAL JURISDICTION. BE IT ORDAINED BY THE COUNCIL OF RICHMOND, INDIANA, That the Richmond City Code be amended to add a new Chapter 100 as follows: SECTION 100.01. AUTHORITY This act is adopted under and pursuant to the general powers of the municipality under I.C. 36- 1-3 (Indiana Home Rule Law). SECTION 100.02: DEFINITIONS As used hereinafter, the following words and terms have the meanings indicated: a.) "Law enforcement activity" means any activity which is officially authorized, sanctioned, or sponsored by any governmental entity and directed at the enforcement of the statutes, ordinances, or regulations under the jurisdiction of such governmental entity or to otherwise exercise its police powers. The term includes making arrests; issuing criminal or civil citations; searching or seizing persons or property; or stopping, interrogating, or conducting active or passive surveillance or other investigations of any sort with respect to persons or property for the purpose of determining if any person has violated or probably intends or conspires to violate any such statutes, ordinances, or regulations of the said governmental entity. b ) "Law enforcement officer" means any person, whether compensated or uncompensated, who is employed, engaged, or otherwise authorized by a governmental entity to perform law enforcement activities on behalf of such governmental entity. The term includes officers and agents of general police agencies, but also includes officers, agents, or investigators acting for special governmental authorities such as (but not limited to) revenue, excise, and tax authorities, fish and game authorities, agricultural control authorities, public health authorities, etc. SECTION 100.03 CONDUCT OF LAW ENFORCEMENT ACTIVITIES BY EXTRAJURISDICTIONAL LAW ENFORCEMENT OFFICERS RESTRICTED; REQUIREMENTS; PENALTIES FOR VIOLATIONS Except as provided under Section 4, it shall be unlawful for any law enforcement officer of any governmental entity other than this municipality to conduct or engage in law enforcement activities within the corporate limits of said municipality without first notifying, in person, and obtaining the consent and approval of the chief officer of the municipal police department, another officer of the municipal police department authorized by the chief officer to give such consent and approval, or the municipal executive. The consent and approval shall not be granted to engage in surveillance of any nature of any activity which is lawful under the laws of the State of Indiana or the City of Richmond, but which is prohibited or restricted by laws relating to crimes or taxation enacted and enforced by a state or political subdivision thereof, other than the State of Indiana. The granting or denial of such consent and approval shall be purely discretionary on the part of the above -described officials, and, pursuant to I.C. 34-4-16.5-3 shall not entail any liability on the part of the municipality or its officers or employees for any direct or indirect harm to any person which may arise out of such granting or denial. Any person who conducts or engages in law enforcement activities in violation of the requirements of this section may be cited therefor, and upon conviction shall be liable to a penal fine of not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00). SECTION 100.04: LAW ENFORCEMENT ACTIVITIES EXEMPTED FROM REQUIREMENTS OF SECTION 3. The following law enforcement officers and activities are not subject to the requirements of Section 3 above: a.) Law enforcement officers of the federal government enforcing federal statutes and regulations; b.) Law enforcement officers of the State of Indiana and it's agencies (including prosecuting attorneys of Indiana judicial circuits) enforcing Indiana statutes or regulations or federal statutes or regulations within their enforcement jurisdiction; c.) Law enforcement officers of Wayne County, Indiana, enforcing state or federal statutes or regulations, or county ordinances or regulations, respecting which they have exclusive or concurrent enforcement jurisdiction within the corporate limits of the municipality; d.) Any law enforcement officer of the State of Indiana or it's political subdivision who has cause to make an arrest when authorized under I.C. 35-33-1-1; e.) Any law enforcement officer executing a warrant or other process as directed by a federal court or any court of record having jurisdiction in Indiana, or otherwise serving process in any manner required by law, including but not limited to demands or warrants of the Governor pursuant to the Uniform Criminal Extradition Act (I.C. 35-33-10-3) and writs of attachment directed to sheriffs pursuant to I.C. 34-4-9-2.1; f.) Any person who is a law enforcement officer of this state or another state or their agencies and political subdivisions, who, acting purely as a private individual, arrests a person for causes and in the manner provided by I.C. 35-33-1-4 (i.e., "citizen's arrest"); or g.) Any law enforcement officer acting in any respect expressly authorized by a federal or Indiana statute, an interstate compact between Indiana and another state or it's political subdivisions, or in accordance with an interlocal agreement or "visiting policeman" arrangement between the municipality and another governmental entity entered into pursuant to I.C. 36-1-7, including provisions applicable under the Uniform Act on Fresh Pursuit (LC. 35-33-3- 1). SECTION 100.05. SEVERABILITY; EFFECTIVENESS The invalidity of any portion of this act does not affect the validity nor operation of any other portion. This act shall be effective from and after it's passage, approval, recording, and publication as provided by law. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this _ day of , 1992. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 1991 Norma Carnes, City Clerk APPROVED by me Roger Cornett, Mayor of the City of Richmond, Indiana, this day of , 1992. ATTEST: City Clerk Frank H. Waltermann, Mayor CF RfC,9 �'�DIANA INTEROFFICE MEMO CITY OF RICHMOND 50 NORTH FIFTH ST. • RICHMOND, INDIANA 47374 DATE: December 12, 1991 TO: Mary Merchanthouse, City Clerk and Members of Common Council M4 FROM: Bruce Metzger, City Attorney SUBJECT: Extrajurisdictional Law Enforcement COPY TO: File, Chief Dennis Rice Councilmember Don McBride is sponsoring the attached ordinance. Some owners of liquor stores have complained that excise police from the State of Ohio are conducting surveillance on liquor stores in Richmond to determine if any Ohio residents are making out-of-state liquor purchases. The liquor store owners have complained that the arrest by Ohio police are hurting Richmond businesses. The attached ordinance is a virtual duplicate of an ordinance that was passed in Lawrenceburg. The ordinance prohibits surveillance activities by out-of-state law enforcement officers. It also states that other law enforcement activities being exercised by police officers within this jurisdiction may not occur unless they had first obtained permission from the Chief of Police. The City Attorney for Lawrenceburg does not believe that.the ordinance is valid. Yet, the Ohio excise police have honored the ordinance, and they ceased their surveillance activities in Lawrenceburg after the ordinance was passed. I also have doubts as to the validity of this ordinance, and I cannot give my stamp of approval as to its validity. If you pass this ordinance, it should be with the understanding that it's validity is questionable, but that it may achieve it's effect as a practical matter. llw +19118-IegO„leg0$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO. 83-1991 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Tuesday, January 21, 1992 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ WHIJINANUE NO, -1 AN ORDINANCE REGULATING THE OFFICIAL ACTIVITIES OF EXTRAJURISDICTIONAL LAW ENFORCEMENT OFFICERS WITHIN THE MUNICIPAL JURISDICTION.[ All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Norma Carnes[ City Clerk[ ✓ Publish Date: January , 1992 10== v [