Borough of Bradford Woods, PA Police Department

Editor's Note: This ordinance superseded former Ch. 54, Art. I, regarding the Pine-Marshall-Bradford Woods police agreement, as adopted 2-10-1986 by Ord. No. 299. Existing references to the Pine-Marshall-Bradford Woods Police Department in Chs. 164, 214 and 218 have also been updated in accordance with Ord. No. 402.

§ 54-1 Establishment of police force.

Effective beginning January 1, 2006, all police services within the Borough of Bradford Woods previously performed by the Pine-Marshall-Bradford Woods Joint Police Department shall be performed by the Northern Regional Police Department of Allegheny County, an entity formed to facilitate and administer the provision of joint, cooperative police services through a single police department in and for the communities of the Township of Pine, Marshall Township, the Borough of Bradford Woods and the Township of Richland.

§ 54-2 Participation authorized.

The Borough of Bradford Woods is hereby authorized to join with Pine Township, Marshall Township, and the Township of Richland, in accordance with the provisions of the aforementioned Intergovernmental Cooperation Act,[1] in becoming a participating municipality in the Northern Regional Police Department of Allegheny County pursuant to the terms and conditions set forth in a joint police agreement by and among the four previously mentioned municipalities. The terms and conditions of the aforementioned joint police agreement are incorporated herein by reference as fully as if set forth at length herein and a copy of said joint police agreement is attached to this article and labeled as Exhibit A hereto.[2] The appropriate officers of the Borough of Bradford Woods are hereby authorized to execute such joint police agreement on its behalf. Pursuant to the requirements of the aforementioned Intergovernmental Cooperation Act, the terms of the aforementioned joint police agreement and of this article accordingly set forth: the conditions of the agreement; the duration of the term of the agreement; the purposes and objectives of the agreement (including the powers and scope of authority therein delegated); the manner and extent of financing the agreement; the organizational structure necessary to implement the agreement; the manner in which real or personal property shall be acquired, managed, licensed, or disposed of; and that the entity created by the said joint police agreement shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.

[1]

Editor's Note: See 53 Pa. C.S.A. § 2301 et seq.

[2]

Editor's Note: Said agreement is on file in the Borough offices.

Article II Warrantless Arrests

[Adopted 10-13-2003 by Ord. No. 386]

§ 54-3 Policy established.

The following guidelines are established as the policy of the Joint Police Force of the Township of Pine, the Township of Marshall and the Borough of Bradford Woods.

§ 54-4 Statutory authority; guidelines.

Pursuant to 42 Pa.C.S.A. § 8902, effective January 17, 1996, a police officer shall, upon view, have the right to arrest, without a warrant, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property.

If a police officer of the Joint Police Force of Township of Pine, the Township of Marshall and the Borough of Bradford Woods has probable cause to believe that there is a violation of one of the four offenses listed below, that the defendant's conduct is ongoing, that the conduct constituting the crime is based upon the police officer's view of the conduct, and if the conduct imperils the personal security of any person or endangers public or private property, the officer shall have the right to arrest a defendant without a warrant.

These guidelines shall only apply to the following summary offenses pursuant to Title 18 Pa.C.S.A.:

	§ 5503	Disorderly conduct
	§ 5505	Public drunkenness
	§ 5507	Obstructing highways and other public passages
	§ 6308	Purchase, consumption, possession or transportation of liquor or malt or brewed beverages

§ 54-5 Procedures.

Any officer making an arrest under these guidelines shall also follow those procedures set forth in the Pennsylvania Rules of Criminal Procedure and, in particular, Rule 71, said Rule currently providing as follows:

When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection B, or taken before the proper issuing authority under Subsection C.

Release from custody.

(1)

When a defendant has been arrested without a warrant, the arresting officer may, when the officer deems it appropriate, promptly release the defendant from custody when the following conditions have been met:

(a)

The defendant is a resident of the commonwealth;

(b)

The defendant poses no threat of immediate physical harm to any other person or to himself or herself;

(c)

The arresting officer has reasonable grounds to believe that the defendant will appear as required; and

(d)

The defendant does not demand to be taken before an issuing authority.

(2)

A citation shall be issued to the defendant at the time of release and, thereafter, the case shall proceed in accordance with Pennsylvania Rules of Criminal Procedure, Rules 55 to 59, as if the proceedings had been instituted by issuing a citation to the defendant.

When a defendant has not been released from custody under Subsection B, the defendant shall be taken, without unnecessary delay, before the issuing authority, where a citation shall be filed against the defendant. The defendant shall be given an immediate trial unless:

(1)

The commonwealth is not ready to proceed, or the defendant requests a postponement, and, in either event, the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or

(2)

The defendant's criminal records must be ascertained before trial, as specifically required by statute, for purposes of grading the offense charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information.

§ 54-6 Intent.

The municipalities recognize that Rule 71 and 42 Pa.C.S.A. § 8902 may be amended from time to time. It is the intention of the municipalities that the police officers follow the terms of the rule or statute that is currently in effect as of the date of the arrest, whether or not the guidelines have formally been amended to comply with any rule or statute changes.