Township of Whitpain, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 8-3-1979 as Ord. No. 117. Amendments noted where applicable.]
The Chief of Police of Whitpain Township is hereby authorized to assign to duty the number of police officers he deems necessary to properly provide for maintaining public order and safety at the place of a public or private event or at the place of public assemblage when, in the sound discretion of the Police Chief:
A. 
The conducting of a public or private event or any public assemblage can be expected to require an extraordinary need for police protection; or
B. 
The owner, operator, person or organization which conducts such a public or private event or public assemblage requests the Township of Whitpain to provide extraordinary police protection.
When, in the sound discretion of the Chief of Police of Whitpain Township, the need for extraordinary police protection is attributable to a specific request or to a particular public or private event or public assemblage, then the owner, operator, person or organization which made the request or which conducts such an event or assemblage is hereby required to reimburse the Township of Whitpain for the expense of providing such extraordinary police protection. In order to defray salary, bookkeeping and insurance expenses the township shall charge a fee as set forth by resolution of the Board of Supervisors of Whitpain Township.[1] The township shall make proper deductions for federal withholding tax and such other taxes and deductions as may apply to the police officer's fixed and stipulated salary, but such compensation shall not be included for police pension purposes.
[1]
Editor's Note: The current resolution establishing the changes for extraordinary police protection is on file in the office of the Township Manager.
A. 
The expense of such extraordinary police protection shall be calculated and charged by the Board of Supervisors of Whitpain Township to be the sum total of the following charges:
(1) 
Salary payable to police officers;
(2) 
A fixed fee for each detail to cover bookkeeping and administrative costs; and
(3) 
A fixed percentage of the total salaries payable to cover the township's costs for federal unemployment compensation insurance, Pennsylvania unemployment compensation insurance, workmen's compensation insurance, general liability insurance and any other similar costs.
B. 
The salary, fixed fee and fixed percentage shall be established by resolution of the Board of Supervisors and shall be based, as accurately as possible, upon actual costs and expenses.
The Chief of Police shall estimate the number of police officers and the length of time required to provide the extraordinary police protection. In all such cases, the owner, operator, person or organization which conducts the public or private event or public assemblage shall pay to the Township of Whitpain the sum due based on the estimates of the Chief of Police in advance and prior to the time police service is required. In the event that the number of police officers and/or length of time of service actually exceeds the estimate of the Chief of Police, the owner, operator, person or organization shall pay to the Township of Whitpain an additional amount to cover the additional expenses and costs. In the event that the owner, operator, person or organization liable for the costs and expenses of police protection shall fail or refuse to pay the cost as estimated by the Chief of Police, the Township of Whitpain 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 Montgomery County as provided by law for recovery of municipal services expenses.
The Chief of Police shall keep an accurate record of all regular policemen 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 is not of a kind or nature pertaining to his lawful office of duties as a police officer.
In the event that it becomes necessary for the Chief of Police to assign on-duty police officers to perform the extraordinary duty, such officers shall receive no additional compensation, and no expense for such service shall be charged to the owner, operator, person or organization conducting a public or private event or public assemblage.
When 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 to extraordinary duty shall be compensated as provided by this chapter.