[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 4-27-1999 by Ord. No. 5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 38.
A. 
Pursuant to the Borough Code, Act of February 1, 1966, P.L. 1656, 53 Pa. C.S.A. §§ 46202(35) and 56554, as amended, the Borough of Kutztown may agree with the authorities of an adjacent township for the furnishing to such township of police protection.
B. 
The Borough of Kutztown owns certain borough properties located within the corporate boundaries of the Township of Maxatawny.
C. 
Said Borough Code authorizes a borough to conduct certain law enforcement activities on property owned by such borough but located outside of its corporate boundaries.
D. 
The Borough of Kutztown is willing to provide twenty-four-hour police protection to those borough properties located within the corporate boundaries of the Township of Maxatawny.
E. 
Pursuant to the Borough Code, Act of February 1, 1966, P.L. 1656, 53 Pa. C.S.A. §§ 46202(35) and 56554, as amended, and the Intergovernmental Cooperation Act of December 19, 1996, P.L. 1158, 53 Pa. C.S.A. § 2301 et seq., the governing body of the Borough of Kutztown is willing to provide police protection to those borough properties located within the Township of Maxatawny, and the Township of Maxatawny is willing to delegate its police function, power and responsibility for those borough properties located within the Township of Maxatawny to the Borough of Kutztown for the duration of the agreement between said municipalities.
The Borough of Kutztown, through its Police Department, shall provide to the Township of Maxatawny, throughout the geographic boundaries of those borough owned properties located within the township, police protection for its residents and properties, upon the terms and conditions and for the period or periods of time set forth in an agreement between the governing bodies of said municipalities.
The governing body of the Borough of Kutztown be and hereby is authorized to enter into and execute such agreement, filed in the office of the Manager of the Borough of Kutztown, setting forth the terms and conditions for the providing of police protection by the Borough of Kutztown as hereinbefore set forth.
The municipal boundaries for the borough owned properties within the township are eliminated for the sole purpose of providing police service, thereby permitting a single police department, namely the Borough of Kutztown Police Department; its police officers and said Police Department shall have and exercise full police powers within said borough properties located within the township.
Either the Borough of Kutztown or the Township of Maxatawny may withdraw from and terminate the agreement aforementioned, upon written notice to the other, under the terms and conditions set forth in said agreement relating to the termination.
The proper officials of the Borough of Kutztown are hereby authorized and empowered to take such additional action as they may deem necessary or appropriate to implement this chapter.
A. 
The provisions of this chapter shall be severable, and if any provisions shall be held to be unconstitutional or illegal, such decision shall not affect the validity of any remaining provisions of this chapter. It is hereby declared that it is the legislative intent that this chapter would have been adopted had such unconstitutional or illegal provision not been included.
B. 
All ordinances or parts of ordinances inconsistent with the provisions of this chapter be and the same are hereby repealed.