[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver 9-5-1989 as Part 10, Ch. 2, Art. A, of the 1989 Code. Amendments noted where
applicable.]
[Amended 4-23-2000 by Ord. No. 421]
A Police Department is established in the Township.
The Chief of Police shall be the chief executive of the Police Department
and shall, under the direction of the Township Manager or, if that
position is vacant, the Chairman of the Public Safety Committee of
the Board of Commissioners, be in charge of the police force and shall
have supervision of its members in the exercise of their powers, duties
and authority. The Chief of Police shall be subject to twenty-four-hour
call.
The Board of Commissioners shall determine the
following:
A.
The positions in the Police Department in the organizational
structure shall be the Chief of Police and patrolman.
B.
The President of the Board of Commissioners is authorized
and directed to name a committee to update and amend the Township
of Rostraver Department of Police Manual of Rules and Regulations
for consideration by the Board of Commissioners, which shall specifically
amend the duties and responsibilities of the Chief of Police and patrolmen.
A.
Restrictions.
(1)
No person employed full-time as a police officer for
the Township of Rostraver shall have/maintain other employment during
his off-duty time that conflicts with his duties as a policeman.
(2)
No full-time police officer shall have/maintain any
outside employment that requires him to work an excessive amount of
time in addition to his eight-hour shift for the Township of Rostraver.
(3)
No police officer shall be permitted to have any outside
employment without the written approval of the Board of Commissioners.
(4)
If written approval by the Board of Commissioners
is secured for a police officer to maintain part-time outside employment,
such officer shall provide written notice to the Chief of Police and
the Township of Rostraver Secretary/Manager informing these persons
of the name of the part-time employer, its address and telephone number,
the nature of the employment and where and when said police officer
can be reached when on the job.
(5)
Under no circumstances shall a policeman work for
an outside employer in the uniform furnished him by the Township of
Rostraver nor shall he be permitted to use any equipment furnished
him by the Township of Rostraver.
B.
Furthermore, the above-mentioned Township of Rostraver
officials shall be immediately notified if the police officer is injured
while working for an outside employer.
[Added 11-3-2004 by Ord. No. 521]
A.
Pursuant to 42 Pa.C.S.A. § 8902, a
police officer shall, upon view, have the right of arrest without
a warrant for certain summary offenses, upon probable cause, when
there is ongoing conduct that imperils the personal security of any
person or endangers public or private property, provided such arrests
are authorized by rules promulgated by the governmental body employing
the police officer.
B.
If a police officer of the Township of Rostraver has
probable cause to believe that there is a violation of one or more
of the four offenses listed below; that the defendant’s conduct
is ongoing; that the conduct constituting the crime is based upon
the police officer’s view of the conduct; and if the conduct
imperils the personal security of any person or endangers public or
private property, the officer shall have the right to arrest a defendant
without a warrant.
C.
These guidelines shall only apply to the following
summary offenses, pursuant to Title 18 Pa.C.S.A.:
D.
Any officer making an arrest under these guidelines
shall also follow those procedures set forth in the Pennsylvania Rules
of Criminal Procedure and in particular Rule 71, said rule currently
providing as follows:
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a.
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When a defendant has been arrested without a
warrant, the defendant shall be either released from custody pursuant
to paragraph b. or taken before the proper issuing authority under
paragraph c.
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b.
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When a defendant has been arrested without a
warrant, the arresting officer may, when the officer deems it appropriate,
promptly release the defendant from custody when the following conditions
have been met:
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1)
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the defendant is a resident of the Commonwealth;
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2)
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the defendant poses no threat of immediate physical
harm to any other person or to himself or herself;
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3)
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the arresting officer has reasonable grounds
to believe that the defendant will appear as required; and
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4)
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the defendant does not demand to be taken before
an issuing authority.
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A citation shall be issued to the defendant
at the time of release and thereafter the case shall proceed in accordance
with Rule 55-59 as if the proceedings had been instituted by issuing
a citation to the defendant.
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c.
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When the defendant has not been released from
custody under paragraph b., the defendant shall be taken without unnecessary
delay before the issuing authority where a citation shall be filed
against the defendant. The defendant shall be given an immediate trial
unless:
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1)
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the Commonwealth is not ready to proceed or
the defendant requests a postponement, and in either event, the defendant
shall be given the opportunity to deposit collateral for appearance
on the new date and hour fixed for trial, or
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2)
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the defendant’s criminal record must be
ascertained before trial as specifically required by statute for purposes
of grading the offenses charged, in which event the defendant shall
be given the opportunity to deposit collateral for appearance on the
new date and hour fixed for the trial, which shall be after the issuing
authority’s receipt of the required information.
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E.
Intent of Commissioners.
(1)
The Commissioners recognize that Rule 71 and Section
8902 may be amended from time to time. It is the intention of the
Commissioners that the police officers follow the terms of the rule
or statute that is currently in effect as of the date of the arrest,
whether or not these guidelines have formerly been amended to comply
with any rule or statute changes.
(2)
It is not the intention of the Commissioners to modify,
restrict or otherwise prohibit a police officer of the Township of
Rostraver from making other warrantless arrests for summary offenses
where such arrests have been expressly authorized by any other rule
or statute.
