CITY OF EAST LANSING, MICHIGAN NOTICE OF ADOPTION ORDINANCE NO. 1541 AN ORDINANCE TO ADD SECTION 37, INITIATION OF TRAFFIC STOPS, TO EAST LANSING CITY CODE CHAPTER 44, OFFENSES.

THE CITY OF EAST LANSING ORDAINS:

City of East Lansing City Code shall be amended as follows:

SECTION 37 - INITIATION OF TRAFFIC STOPS

Sec. 44-37 – Permitted and Prohibited Traffic Stops

1. No law enforcement officer employed by the City of East Lansing Police Department shall stop or detain an operator or occupant of a motor vehicle based solely on race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, socio-economic status, age, cultural group, or disability.

2. Except where an officer reasonably believes, based on articulable facts, that the violation is of a nature or magnitude that poses an immediate risk of harm to person(s) or property, a law enforcement officer employed by the City of East Lansing shall not stop or detain the operator or occupant of a motor vehicle based solely on one of the following offenses:

(a)  Cracked or chipped windshield.

(b) Loud exhaust.

(c)  Tinted windows.

(d) Object hanging from rearview mirror.

(e)  Cracked, broken or burned-out tail lamp where at least one tail lamp remains functional and properly illuminated.

(f)  Registration plate lighting violations.

(g) Location of registration sticker.

(h) Location of temporary or paper registration plate, so long as it remains clearly visible from the rear of the vehicle.

3. Nothing in this chapter prohibits a law enforcement officer employed by the City of East Lansing from taking one or more of the following actions, so long as it does not result in an investigative detention:

(a)  Issuing a civil infraction citation to a parked or standing motor vehicle.

(b) Mailing a civil infraction citation as permitted by law.

4. If a law enforcement officer employed by the City of East Lansing has already stopped or made contact with a vehicle for another lawful purpose, he or she may issue a citation to, or request charges against, an operator or occupant of a motor vehicle for any of the offenses listed in this Section.

5. Except for those offenses listed in this Section, nothing in this Chapter prevents a law enforcement officer from initiating a traffic stop for any infraction or criminal offense based on reasonable suspicion or probable cause as defined by applicable law.

6. This Section does not apply to commercial vehicle enforcement.

7. Nothing in this Section shall be deemed to create criminal or civil liability for a law enforcement officer who acts in good faith in the execution of his or her duties.

8. When a law enforcement officer acts in good faith in making a stop pursuant to this chapter, the City shall indemnify, defend, and hold the officer harmless as to any civil liability arising from that stop.

9  – Severability

The various sections and provisions of this ordinance shall be deemed to be severable. Should any section or provision of this ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect the validity of this ordinance as a whole or any section or provision of this ordinance other than the section or provision so declared to be unconstitutional or invalid.

10 – Effective Date

This Ordinance shall take effect immediately upon legal publication.

Marie Wicks

East Lansing City Clerk

CP#24-721