A Police Department is hereby established in
and for the Borough of Heidelberg.
[Amended 12-15-2009 by Ord. No. 586]
The size, number and composition of the Heidelberg Borough Police
Department will be determined by the Heidelberg Mayor and Borough
Council and may consist of full-time and/or part-time officers.
The compensation of the aforesaid police officers
shall be as determined by Borough Council.
Nothing herein contained shall affect the authority
of the Mayor to appoint special policemen during emergencies.
[Added 6-17-1997 by Ord. No. 522]
A. Purpose. The purpose of this section is to permit
Borough police officers to make arrests, without a warrant, for specific
summary offenses.
B. General rule. An officer shall not take persons into
custody for summary offenses except in those situations where the
officer has probable cause to believe that the suspect is posing a
danger to himself/herself or others. Officers may make an arrest without
a warrant upon probable cause for any of the following offenses committed
in the officers' presence when there is ongoing conduct that imperils
the personal security of any person or endangers public or private
property:
(1) Under Title 18, § 5503, pertaining to disorderly conduct;
(2) Under Title 18, § 5505, pertaining to public drunkenness;
(3) Under Title 18, § 5507, pertaining to obstructing highways or other public passages;
and
(4) Under Title 18, § 6308, pertaining to the purchase, consumption, possession or
transportation of liquor or malted or brewed beverages.
C. Prior to making an arrest in accordance with 42 Pa.C.S.A.
§ 8902, officers shall ensure that the following requirements
contained within the statute are satisfied:
(1) The officer has probable cause to believe that one
of the aforementioned summary offenses is involved;
(2) The officer has probable cause to believe that the
defendant's conduct is ongoing;
(3) The officer has probable cause to believe that the
conduct constituting the summary offense occurred within the officer's
presence or within the officer's view; and
(4) The officer has probable cause to believe that the
conduct constituting the summary offense imperils the personal security
of any person or endangers public or private property.