Chino Municipal Code Ch. 10.26 Intoxication Control Roadblocks

An "intoxication control roadblock" (hereinafter "ICR") is a roadblock established by the police department with the primary goal of detecting and prosecuting drivers intoxicated by alcohol, controlled substances or committing similar offenses. ICR's shall be considered in accordance with the provisions established by this chapter. The provisions of this chapter are not required to be applied to roadblocks which do not have as their primary goal detecting and prosecuting the drivers intoxicated by alcohol, controlled substances, or committing similar offenses.

(Ord. 91-23 § 1 (part), 1991.)

An ICR shall be implemented pursuant to written procedures promulgated by the police department, in conformity with and not more intrusive than the standards and guidelines set forth in this chapter. Nothing in this chapter shall be construed as preventing the police department from establishing additional standards and guidelines, especially those that may be required by decisions of the courts or state statutes.

(Ord. 91-23 § 1 (part), 1991.)

The location where an ICR is to be placed shall be determined in advance by an officer of at least the rank of lieutenant. In determining the location of an ICR, consideration should be given to areas where disproportionately high levels of drunk-driving-related accidents have occurred or are anticipated.

(Ord. 91-23 § 1 (part), 1991.)

An ICR shall be established pursuant to a prearranged plan established by supervisory personnel consistent with the following:

A. Selection of Vehicles to be Stopped. The selection procedure for stopping vehicles shall not be arbitrary. It is permissible to stop every vehicle at an ICR or every vehicle proceeding in a particular direction, or that vehicles be stopped in a numerical sequence such as every fifth vehicle or every tenth vehicle. The prearranged plan may authorize the waiver of certain classes of vehicles around the ICR roadblock which are determined to be exempt from roadblock stops.

B. Non-deceptive Manner. An ICR shall be conducted in a non-deceptive manner. All officers involved in an ICR shall be in uniform and shall carry proper identification. Vehicles, if any, used as part of an ICR shall be marked radio cars. An ICR shall be marked by signs, flares, traffic cones or other alternative methods.

C. Motorist Safety. An ICR shall be conducted in a manner which is consistent with motorist and pedestrian safety. Provisions should be made, to the extent feasible, for proper illumination and holding areas for vehicles detained.

D. Minimization of Motorist Inconvenience. An ICR shall be conducted in a manner which seeks to minimize inconvenience to the motorist. The motorist shall not be delayed unreasonably, and the prearranged plan should have as a goal that the time spent waiting in line as well as inspection by roadblock personnel should be less than five minutes except for vehicles as to which there is a reasonable suspicion that the occupants are in violation of a statute or ordinance. Occupants of a vehicle shall not be asked to step out of the vehicle unless there is a reasonable suspicion to believe the occupants are in violation of a statute or ordinance.

(Ord. 91-23 § 1 (part), 1991.)