[Adopted 1-7-1981 by Ord. No. 2-81]
A.
The Township of Jackson agrees, through its Police Department,
to provide police protection within the corporate limits of the Borough of
Spring Grove to the extent and in the manner hereinafter set forth.
B.
Except as otherwise hereinafter specifically set forth,
such services shall only encompass duties and functions of a type coming within
the jurisdiction of and customarily rendered by the Police Department of Jackson
Township and shall not include parades, carnivals, school traffic or enforcement
of parking ordinances.
C.
The rendition of such services, the standards of performance,
the discipline of officers and other matters incident to the performance of
such services and the control of personnel so employed shall remain with the
Township.
D.
In the event of a dispute between the parties concerning
the extent of the duties and functions to be rendered hereunder or concerning
the level and manner of performance of such service, the parties agree to
attempt to resolve any such dispute through a meeting and discussion by a
committee composed of a representative of the borough and a representative
appointed by the Township.
[Amended 12-5-1995 by Ord. No. 83-95]
E.
During the term of this agreement and any extensions
thereof, the Township shall appoint a representative who shall meet regularly
with the Secretary of the borough concerning police matters.
The Township of Jackson, through its Police Department, shall provide
law enforcement services to the Borough of Spring Grove as follows:
A.
Patrol service:
(3)
Enforcement of the police ordinances of the borough which
are the same or similar in nature to those of the Township which are now and
hereinafter will be enforced within the limits of the borough.
(4)
Maintain periodic security checks of business establishments
located within the limits of the borough.
(5)
Report hazardous conditions existing within the borough
to the proper authority (i.e., traffic lights out, holes in the highways,
streetlights out, etc).
B.
Investigative service:
(1)
Investigate to a satisfactory conclusion all reported
criminal offenses within the limits of the borough.
(2)
Investigate accidents occurring on highways or within
the borough.
(3)
Respond to citizen complaints and requests which are
of a type and similar in nature to those now or hereafter responded to and
investigated within the limits of the Township.
(4)
Prosecute in the courts having jurisdiction those persons
believed to be responsible for criminal law, traffic law and ordinance violations
occurring within the borough.
C.
Administrative service. The Township Police Department
shall:
(1)
Establish and maintain a complete and up-to-date uniform
police records system concerning all services rendered to the borough.
(2)
Provide the borough with a monthly and yearly police
activity report setting forth an account of services rendered hereunder.
(3)
Submit to the state and federal governments all required
and necessary reports that are of a type or similar in nature to those that
are now or hereafter submitted by the Township Police Department.
(4)
Make recommendations to the borough, if and when necessary,
for the improvement of traffic and other regulations.
For the purpose of performing said functions and services, the Township
of Jackson shall furnish and supply all necessary supervision, equipment,
communications facilities and supplies necessary to maintain the level of
service to be rendered hereunder.
For the purpose of performing such services and functions and for the
purpose of giving official status to the performance thereof, every Township
police officer engaged in performing any such service and function shall have
all of the powers and authority conferred by law on borough police while performing
services for the borough in the borough.
[Added 4-7-1998 by Ord. No. 105-98]
A.
Police officers employed by Jackson Township Police Department
(Department) shall, upon view, have the right of arrest without warrant upon
probable cause when there is ongoing conduct that imperils the personal security
of any person or endangers private or public property for any of the following
offenses, when such offense constitutes a summary offense pursuant to the
Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.:
(1)
18 Pa.C.S.A. § 5503 (relating to disorderly
conduct);
(2)
18 Pa.C.S.A. § 5505 (relating to public drunkenness);
(3)
18 Pa.C.S.A. § 5507 (relating to obstructing
highways and other public passages); or
(4)
18 Pa.C.S.A. § 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or brewed beverages).
B.
Any officer effecting a warrantless arrest under this
section shall identify himself as a police officer by exhibiting a recognized
sign of authority, which sign shall consist of either an official police uniform
of the Department or an authorized official police badge or police identification.
C.
All warrantless arrests authorized by this section shall
be made in accordance with standards for other types of warrantless arrests
and as set forth in any other statute or law of the Commonwealth of Pennsylvania
concerning the particular conduct or offense. In the event that any statute
or law of the commonwealth provides for more stringent standards or requirements
concerning such warrantless arrests, the more stringent standards or requirements
shall be followed and shall be deemed to supersede the standards set forth
in this section. No change in the law on warrantless arrests, either by statute
or by the development of case law, shall be deemed or construed to invalidate
this section. Rather, any such change in the law on warrantless arrests shall
be considered to automatically amend this section by becoming the standards
authorized pursuant to this section and this article.
The Borough of Spring Grove shall not be required to assume any liability
for the direct payment of any salaries, wages or other compensation to any
Township personnel performing services hereunder for said borough or any liability
other than that provided for in this agreement.[1]
[1]
Editor's Note: Original Section 6, dealing with liability of the borough
for compensation to Township officers for sickness or injuries arising out
of employment, which immediately followed this section, was deleted 12-5-1995
by Ord. No. 83-95.
The parties agree that the police officers of the Township of Jackson
are employed by the Township and under the exclusive supervision and control
of the Township, and the Township agrees, as such employer, to be responsible
for any acts and omissions of such police while on duty in the Borough of
Spring Grove to the same extent that the Township may be responsible for such
acts committed within the Township and agrees to indemnify and hold harmless
the borough from any such liability as an employer on account of such acts
or omissions. The Township agrees to maintain appropriate insurance protecting
the Township against liability for such acts and omissions to the extent deemed
appropriate by the Township.
[Amended 12-5-1995 by Ord. No. 83-95]
The parties agree that there shall be initially scheduled a minimum
number of hours of police services per week exclusively in the borough set
from time to time by the Board of Supervisors, and a complaint response will
be maintained during those times when there are no active patrols in the borough.
If this agreement shall be renewed, the number of hours set forth herein may
be altered by the parties from time to time, depending on the needs of the
borough, by an executed addendum without the necessity of amending this agreement.
[Amended 12-5-1995 by Ord. No. 83-95]
A.
The borough agrees to pay the Township for the services
performed under this agreement an amount of money based on a per-hour charge
billed the borough, and said bill shall be paid by the 15th of each month
to the Township.
B.
In addition, the Borough of Spring Grove agrees that
the funds received from the foreign casualty and insurance companies tax [Act
of May 12, 1943, P.L. 259, as amended, (72 P.S. § 2263.1) or any
other act subsequently enacted] distributed to the borough by the Commonwealth
of Pennsylvania shall be paid to the Township by the borough for the purposes
authorized under such act governing the operation of the Police Pension Fund.
The parties hereto specifically agree and understand that there is no
consolidation of policemen employed by the two parties provided for under
this agreement, that the Township is not receiving or accepting any police
employees of the borough and that the discharge of or other disposition of
any policemen heretofore employed by the borough is the sole responsibility
of the borough.
This agreement shall automatically renew itself for the calendar year
1982 commencing January 1, 1982, and may be terminated by either party on
any December 31 by either party giving written notice 90 days or more prior
thereto by certified mail or by personal service. Accordingly, this agreement
may not be terminated prior to December 31, 1981, and so on.
