[Adopted 8-10-1993 by Ord. No. 5-1993]
Willistown Township, in accordance with the provisions of the Intergovernmental
Cooperation Act (the Act of July 12, 1972, No. 180, § 1, et seq.,
53 P.S. § 481 et seq., as amended,[1] the ICA) and the provisions of the Municipal Police Jurisdiction
Act (the Act of June 15, 1982, P.L. 512, No. 141, § 4, et seq.,
42 Pa.C.S.A. § 8951 et seq., as amended, the MPJA) hereby enacts
an ordinance implementing the provisions of an agreement to be signed by Willistown
Township and one or more municipalities in Chester County, Pennsylvania, providing
for intermunicipal police cooperation and further implementing the provisions
of a municipal drug task force agreement to be signed by Willistown Township,
the Office of the Attorney General of the Commonwealth of Pennsylvania, the
Chester County District Attorney and other signatory municipalities by and
through which these entities shall coordinate and cooperate to interdict the
illegal use and trafficking of narcotics and other controlled substances within
the municipal boundaries of Willistown Township, as well as within the municipal
boundaries of other signatory municipalities in Chester County, Pennsylvania.
[1]
Editor's Note: 53 P.S. § 481 et seq. was repealed 12-19-1996
by P.L. 1158, No. 177. See now 53 Pa.C.S.A. § 2301 et seq.
A.
Implementation.
(1)
In accordance with the provisions of the ICA, Willistown
Township shall enter into an intergovernmental police cooperation agreement
(IPCA) with other municipalities in Chester County, Pennsylvania, under the
terms of which police officers (including both full-time and part-time officers)
of each signatory municipality will be granted authority to officially act
as police officers of other signatory municipalities (subject to the terms
of the IPCA) when performing duties in other signatory municipalities, and
also under which procedures for the Police Departments of each signatory municipality
to render aid and assistance to one another will be established.
(2)
The IPCA to be signed by Willistown Township and other
municipalities shall conform substantially to the draft of the IPCA currently
on file in the offices of the township.
(3)
After execution by the township and at least one other
signatory municipality, either the original or a duplicate copy of the executed
IPCA shall be kept on file at all times in the offices of Willistown Township.
As additional municipalities sign the IPCA or withdraw from the IPCA, the
original IPCA (or duplicate thereof) to be kept on file at all times in the
township offices shall accurately reflect all the then current parties signatory
to the IPCA.
B.
Duration.
(1)
The duration of the IPCA, and the township's participation therein, shall be indefinite, subject to the provisions of subsection B(2) hereof.
(2)
Withdrawal from the IPCA by Willistown Township shall
be effected by the township giving seven days' written notice to all
the then participating signatory municipalities to the IPCA.
C.
Purpose and objectives. The purposes and objectives of
the IPCA include but are not limited to:
(1)
Improving law enforcement in Chester County, Pennsylvania,
especially in Willistown Township and other signatory municipalities of the
IPCA by granting police officers authority to exercise official duties in
signatory municipalities, thereby alleviating problems of arrests being determined
improper or unlawful because of jurisdictional or municipal boundary issues.
(2)
Enhancing the coordination of drug investigations in
Chester County, Pennsylvania.
(3)
Providing mutual police aid across jurisdictional lines
to enable police to more effectively enforce the provisions of narcotic and
controlled substance statutes, thereby preserving the safety and welfare of
persons in Willistown Township and in the other signatory municipalities.
D.
Manner and extent of financing. Each signatory municipality
shall be responsible for all expenses incurred by reason of actions taken
by its police pursuant to the IPCA, no other financing being necessary or
required to effectuate its purposes.
E.
Organizational structure. No additional organizational
structure is necessary to implement the provisions of the IPCA, nor will any
property, real or personal, be acquired, managed or disposed of in order to
effectuate the purposes contained in the IPCA.
A.
Implementation.
(1)
In accordance with the provisions of the ICA and the
provisions of the MPJA, Willistown Township shall also enter into a municipal
drug task force agreement (MDTFA) with the Office of the Attorney General
of the Commonwealth of Pennsylvania (OAG), the Chester County District Attorney
and other municipalities in Chester County, Pennsylvania, by and through which
these entities shall coordinate narcotics investigations, enforce narcotics
and other controlled substance statutes and coordinate prosecutorial activities
in order to interdict illegal narcotic and controlled substance activities
in Chester County, Pennsylvania.
(2)
Willistown Township shall utilize the services of both
full-time and part-time officers of its Police Department under the conditions
contained in the MDTFA and in compliance with the MPJA.
(3)
The MDTFA to be signed by Willistown Township, the OAG,
the Chester County District Attorney and other municipalities shall conform
substantially to the draft of the MDTFA currently on file in the offices of
the township.
(4)
After execution by the township, the OAG, the Chester
County District Attorney and at least one other municipality, either the original
or a duplicate copy of the executed MDTFA shall be kept on file at all times
in the offices of the township. As additional municipalities sign the MDTFA,
or withdraw from the MDTFA, the original of the MDTFA (or duplicate thereof)
to be kept on file at all times in the township offices shall accurately reflect
all the then current parties signatory to the MDTFA.
(5)
Pursuant to the MDTFA, Willistown Township shall establish
appropriate procedures to comply with all relevant provisions of the MDTFA
and such regulations and directives as may be issued from time to time by
the OAG.
B.
Duration.
(2)
Withdrawal from the MDTFA by Willistown Township shall
be effected by the township's giving 30 days' written notice to
all other parties to the then current MDTFA.
(3)
If the OAG terminates the existence of the drug task
force created pursuant to the provisions of the MDTFA, the township's
participation in the MDTFA shall automatically terminate without further action
of the Township Board of Supervisors, effective the date of such termination
by the OAG.
C.
Purpose and objectives. The purpose and objectives of
the MDTFA include but are not limited to:
(1)
County-wide coordination of police activities in order
to enhance the combating of illegal narcotic and controlled substance trafficking.
(2)
Expediting and enhancing intergovernmental cooperative
activities with signatories to the MDTFA to enhance interdiction of illegal
drug and controlled substance activities.
D.
Financing. The MDTFA shall be financed by funds supplied
by the OAG.
E.
Organizational structure. Any organizational structure
required to implement the provisions of the MDTFA shall be established through
such directives, procedures and guidance as may be issued by the OAG, the
Chester County District Attorney, the Willistown Township Police Department
and other police departments whose municipalities are signatory to the MDTFA.
F.
Acquisition, management and disposal of property. The
acquisition, management or disposal of any and all property, whether real
or personal, acquired or to be acquired pursuant to the provisions of the
MDTFA shall be in accordance with the terms of the MDTFA and such directives
and procedures issued by the OAG.
G.
Retention of managerial responsibilities. Willistown
Township shall remain responsible and maintain responsibility for the management,
control and direction of its police officers, subject to such assistance (financial
or otherwise) supplied by the OAG.
After adoption by Willistown Township, this article shall become effective
when: