(A) In addition to the annual report required when citations are issued and arrests made, and so long as the town has not equipped all motor vehicles and motorcycles regularly used to make traffic and pedestrian stops with audio and video equipment, as applicable, and so long as the town has not or is not able to certify to the Department of Public Safety that it needs funds for such audio and video equipment but has not received such funds, then each peace officer of the town shall make the following report for each traffic and pedestrian stop:
(1) A physical description of each person detained as a result of the stop, including:
(a) The person’s gender; and
(b) The persons race or ethnicity, as stated by the person, or if the person does not state the persons race or ethnicity, as determined by the officer to the best of his or her ability.
(2) The traffic law or ordinances alleged to have been violated or the suspected offense;
(3) Whether the officer conducted a search as a result of the stop, and, if so, whether the person detained consented to the search;
(4) Whether any contraband was discovered in the course of the search and the type of contraband discovered;
(5) Whether probable cause to search existed and the facts supporting the existence of that probable cause;
(6) Whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged;
(7) The street address or approximate location of the stop; and
(8) Whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged.
(B) The information in each report shall be analyzed and compiled in a report that covers the period January 1 through December 31 of each year, and shall be submitted to the governing body of the town no later than March 1 of the following year. Each report shall include:
(1) A comparative analysis of the information compiled by each officer under divisions (A)(1) through (A)(8) above to:
(a) Determine the prevalence of racial profiling by peace officers employed by the town; and
(b) Examine the disposition of traffic and pedestrian stops made by officers employed by the town, including searchers resulting from such stops.
(2) Information relating to each complaint filed with the town alleging that a peace officer employed by the town has engaged in racial profiling.
(C) The report required by this section may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by an officer.
(D) The compilation of information, analysis and report required by this section shall not be required for any calendar year during which:
(1) The town has equipped all motor vehicles and motorcycles regularly used to make traffic and pedestrian stops with audio and video equipment, and each traffic and pedestrian stop made by a peace officer employed by the town that is capable of being recorded by video and audio or audio equipment, as appropriate, has been so recorded; or
(2) The town has certified to the Department of Public Safety that it needs funds for such audio and video equipment, as described in § 31.046(C), but has not received such funds.
(Ord. 2002-07, passed 2-18-2002)