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129.09. Right to Know Act.
   (a)   As used in this section, the term Law Enforcement Activity shall include the following:
      (1)   Non-custodial questioning of individuals suspected of criminal activity;
      (2)   Pedestrian stops where an officer has an individualized, reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime and where a reasonable person would not feel free to end the encounter at will;
      (3)   Frisks;
      (4)   Searches of persons or property, including vehicles;
      (5)   Roadblock or checkpoint stops, but not including street closures for public events or emergencies;
      (6)   Home searches; and
      (7)   Investigatory questioning of victims of or witnesses to crimes.
   (b)   During a law enforcement activity, a police officer shall:
      (1)   Identify himself or herself to the person who is the subject of such Law Enforcement Activity by providing his or her name, rank and assignment;
      (2)   Provide to such person an explanation of the reason for such Law Enforcement Activity, unless providing such information would impair a criminal investigation;
      (3)   Offer a business card to such person at the conclusion of any such activity containing at a minimum:
         (i)   the police officer’s name, rank and assignment; and
         (ii)   phone number for the Internal Affairs Section and an indication that such phone number may be used to submit comments about the encounter between such police officer and such person.
(Ord. 378-20. Passed 10-6-20.)
   (c)   A police officer shall offer a business card to any person requesting identifying information.
   (d)   A police officer shall not be required to comply with this section where:
      (1)   Such officer is engaged in an approved undercover activity or operation, and Law Enforcement Activity is undertaken pursuant to such undercover activity or operation; or
      (2)   Where exigent circumstances require immediate action by such police officer.
   (e)   The Department of Police Operations shall ensure that police officers have an adequate number of business cards prior to engaging in any Law Enforcement Activity.
(Ord. 201-20. Passed 6-16-20.)
129.10. Prohibition on neck restraints and chokeholds.
   The Department of Police Operation's use of all neck restraints, chokeholds or other maneuvers that involve the application of pressure to the throat or windpipe that prevent or hinder breathing or reduce the intake of air is hereby prohibited.
(Ord. 202-20. Passed 6-16-20.)
129.11. Duty to intervene and report.
   (a)   Any member of the Department of Police Operations who observes another member of the Department of Police Operations use any unauthorized use of force, including any prohibited neck restraint or chokehold, must attempt to safely intervene by verbal and physical means, and if they do not do so, they shall be subject to discipline to the same severity as if they themselves engaged in the prohibited use of force.
   (b)   Any member of the Department of Police Operations who observes another member of the Department of Police Operations use any unauthorized use of force, including any prohibited neck restraint or chokehold, has an affirmative duty to immediately report the incident while still on scene by phone or radio to their Commander or their Commander's superiors.
(Ord. 203-20. Passed 6-16-20.)