[HISTORY: Adopted by the Municipal Council of the Municipality of Monroeville 4-13-1999 by Ord. No. 2109. Amendments noted where applicable.]
The Municipality of Monroeville hereby adopts guidelines for effectuating warrantless arrests for disorderly conduct, public drunkenness, obstructing highways and other public passages, purchasing, consuming, possessing or transportation of liquor or malt beverages as follows: warrantless arrest guidelines for the following four offenses pursuant to 18 Pa.C.S.A. as follows: § 5503, Disorderly conduct: § 5505, Public drunkenness, § 5507, Obstructing highways and other public passages; § 6308, Purchase, consumption, possession or transportation or liquor of malt or brewed beverages.
The purpose of this chapter is to provide officers with guidelines for effectuating warrantless arrests relating to disorderly conduct, public drunkenness, obstructing highways and other passageways, purchase, consumption, possession or transportation of liquor or malt or brewed beverages pursuant to 42 Pa.C.S.A. § 8902. 42 Pa.C.S.A. § 8902 increases the enforcement and authority of the Municipality of Monroeville and other municipalities who employ police officers by empowering municipalities to not only issue citations for disorderly conduct, public drunkenness, obstructing highways and other passageways, the purchase, consumption, possession or transportation of liquor or malt or brewed beverages, but, upon view by an officer, to effectuate warrantless arrests for disorderly conduct, public drunkenness, obstructing highways or other passageways, purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
A police officer shall have the right to arrest without warrant when an officer views ongoing conduct, as it relates to disorderly conduct, public drunkenness, obstructing highways or other passageways, or the purchase, consumption, possession or transportation of liquor or malt or brewed beverages, in a public place when such conduct imperils the personal security of any person or endangers public or private property.
A. 
The within policy applies exclusively to 42 Pa.C.S.A. § 8902. All officers are required to adhere to all other policies pertaining to 18 Pa.C.S.A. § 5503, relating to summary offense citations for disorderly conduct; 18 Pa.C.S.A. § 5505, relating to summary offense citations for public drunkenness; 18 Pa.C.S.A. § 5507 relating to summary offense citations for obstructing highways and other public passageways; and 18 Pa.C.S.A. § 6308, relating to summary offense citations for purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
B. 
Warrantless arrests under 42 Pa.C.S.A. § 8902 shall also follow those procedures set forth in Pennsylvania Rules of Criminal Procedure, in particular Rule 71.
C. 
With warrantless arrests under 42 Pa.C.S.A. § 8902, a citation shall be issued to the defendant at the time of his release and thereafter the case shall proceed in accordance with Pennsylvania Rules of Criminal Procedure, Rules 55, 56, 57, 58 and 59 as if the proceedings have been instituted by issuing a citation to the defendant.
D. 
This Council recognizes and understands that 42 Pa.C.S.A. § 8902 and Pennsylvania Rules of Criminal Procedure Rule 55, 56, 57 and 59 and 71 may be amended from time to time. It is the intention of this Council that the police officers follow the terms of said rules or statutes that are currently in effect as of the date of any arrests, whether or not these guidelines have been formally amended to comply with any Commonwealth of Pennsylvania statute changes or Commonwealth of Pennsylvania Rules of Criminal Procedure changes.
E. 
Further, this chapter shall not modify, restrict, or otherwise prohibit a Municipality of Monroeville police officer from making any other warrantless arrests or arrests for other summary offenses where such arrests have otherwise expressly been authorized by any other statute.
The effective date of this chapter will be upon declaration of the Chief of Police that appropriate officer training, guidelines and Department protocol have been met.