[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.
