[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor as indicated in article histories. Amendments noted where applicable.]
Administration generally — See Art. VI.
Article I Extra Police Protection
[Adopted 2-25-1974 by Ord. No. 1564 as Ch. 106 of the 1974 Code; amended in its entirety 10-13-1997 by Ord. No. 97-31]
Where, in the opinion of the Superintendent of Police (the "Superintendent") of Radnor Township (the "Township"), the conduct of an event or public assemblage can be expected to require an extraordinary use of police protection or where the owner, operator, person or organization which conducts such an event or public assemblage requests the Township to provide extraordinary police protection, the Superintendent shall hereby be authorized to assign to duty the number of police he deems necessary to properly provide for the maintenance of public order and safety at such an event or public assemblage.
Where, in the opinion of the Superintendent, the need for extraordinary police protection is attributable to a particular event or public assemblage, the owner, operator, person or organization which conducts such an event or public assemblage is hereby required to reimburse the Township for the expense of such extraordinary police protection.
In order to defray expenses, the Township shall charge a fee as set forth in § 67-3, and the present overtime rate of a senior patrol officer per hour shall be paid to each police officer as compensation for such service.
The Township shall make proper deductions for social security, federal, state and local income taxes and such others as may apply to the officer's fixed and stipulated salary, but such compensation shall not be included for police pension purposes nor shall mandatory police officer pension contributions be deducted from such extra duty pays.
The expense of such extraordinary police protection shall be calculated by the Superintendent, in consultation with Finance Department staff, to be the sum total of the following charges:
The present overtime rate of a senior patrol officer per officer for each hour of extraordinary police service; plus
A percentage of the total hourly wages paid equivalent to the Township's cost for applicable benefits provided to and paid on behalf of police officers (including but not limited to social security and medicare payroll taxes and workers' compensation premiums) and any administrative overhead costs incurred by the Township.
Such charges shall be reviewed by the Superintendent and Finance Department staff each year and adjusted accordingly on the Township's Consolidated Fee Schedule during the annual budget process.
The Superintendent shall, whenever possible, estimate the number of police officers and the length of time required to provide the extraordinary police protection. In such cases, the owner, operator, person or organization which conducts such an event or public assemblage shall pay to the Township the sum estimated by the Superintendent in advance and prior to the time the police service is required.
Should the Superintendent not be able to adequately estimate the number of police officers or the length of time required to provide the extraordinary police protection before such event, he shall calculate the actual cost of the event as soon as practical after the event, and he shall immediately thereafter deliver an invoice for payment of such cost to the owner, operator, person or organization conducting the event.
In the event that the owner, operator, person or organization conducting such an event or public assemblage shall fail or refuse to pay the cost as calculated by the Superintendent by 90 days after the date on which the Township's invoice to pay such cost is mailed or otherwise delivered, the Township shall have the right to recover said sum in an action of assumpsit or to file a lien in the office of the Prothonotary of Delaware County as provided in other cases for recovery of expense for municipal services.
The Superintendent shall keep an accurate record of all regular police officers who desire to participate in this police service in addition to their regular duty, and so far as possible, he shall assign this police service, in an equitable manner, as extra work to those officers who desire the additional service.
No police officer shall be assigned to any duty under this chapter which shall not be of a kind or nature pertaining to his or her lawful office or duties as a police officer of Radnor Township.
In an emergency, the Superintendent may employ, temporarily, the police of adjoining or adjacent municipalities.
In the event that it shall become necessary for the Superintendent to assign on-duty police to perform such extraordinary duty, such officer shall receive no additional compensation, and therefore, no expense for such service shall be charged to the owner, operator, person or organization conducting such event or public assemblage.
Where extraordinary police protection is not attributable to a particular owner, operator, person or organization, the Township shall have no right to reimbursement but, nevertheless, off-duty police officers assigned shall be compensated as provided herein.
Editor's Note: Former Art. II, Reimbursement for Police Department Services, adopted 4-10-2006 by Ord. No. 2006-09, which immediately followed this section, was repealed 2-26-2007 by Ord. No. 2007-15.