[HISTORY: Adopted by the Borough Council of the Borough of New Hope 9-10-1962 by Ord. No. 148 (Ch. 1, Part 5 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Open Records Officer — See Ch. 27.
Police Pension Fund — See Ch. 30, Art. II.
[Amended 8-13-1990 by Ord. No. 1990-2]
A Police Department is hereby established in and for the Borough of New Hope, and one policeman shall be designated as Chief of Police and any other policeman shall be given the classification stipulated by the Borough Council. The individuals comprising the Police Department shall receive such compensation as is fixed by Borough Council, by resolution, from time to time. All members of the Police Department shall serve at the will of Borough Council with retirement in accordance with the Police Pension Plan.[1]
[1]
Editor's Note: See Ch. 30, Art. II.
Members of the Police Department of the Borough of New Hope shall be ex officio constables of the Borough of New Hope and shall have all of the powers conferred upon police officers by the Borough Code and the laws of the Commonwealth of Pennsylvania and shall include without being limited to the following:
A. 
Authority, without warrant and upon view, to arrest and commit for hearing any and all persons guilty of breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness, or who may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or for violating any ordinance of the Borough for the violation of which a fine or penalty is imposed, and notwithstanding any statute pertaining to the same or similar offenses.
B. 
Authority to serve and execute all criminal process for the violation of Borough ordinances which may be issued by the Mayor and to charge the same fees and costs as constables of the Borough, but such fees and costs shall be collected and paid into the Borough treasury in accordance with prevailing law.
[Amended 8-13-1990 by Ord. No. 1990-2]
C. 
The police officers shall patrol parking meters and enforce the provisions of all ordinances pertaining thereto. They shall collect moneys deposited in parking meters and deposit the same in the account established for such deposits.
D. 
The Chief of Police shall enforce the provisions of the Vehicle Code of the Commonwealth of Pennsylvania and he or she shall patrol the streets of the Borough of New Hope as frequently as possible in order to detect violations of law and to protect persons and property.
[Amended 8-13-1990 by Ord. No. 1990-2]
Appointment of the Chief of Police shall be made by Borough Council subject to the following qualifications and conditions:
A. 
He or she shall be a person of not less than 21 years of age at the time of appointment.
[Amended 7-9-2008 by Ord. No. 2008-04]
[Amended 8-13-1990 by Ord. No. 1990-2]
Pursuant to the provisions of the Borough Code, the Mayor shall have full charge and control of the Chief of Police and shall direct the time during which, the place where, and the manner in which, the Chief of Police shall perform his or her duties.
[Added 8-8-2007 by Ord. No. 2007-10]
A. 
Subject to the provisions of Subsections B and C, in addition to the powers provided by Section 1121 of the Pennsylvania Borough Code (53 P.S. § 45101 et seq.), and by 42 Pa.C.S.A. § 6324, any police officer of New Hope Borough shall be permitted to conduct an arrest of a suspect without a warrant for any one or more of the following offenses:
(1) 
18 Pa.C.S.A. § 5503, as amended, relating to disorderly conduct;
(2) 
18 Pa.C.S.A. § 5505, as amended, relating to public drunkenness;
(3) 
18 Pa.C.S.A. § 5507, as amended, relating to obstructing highways and other public passages; and
(4) 
18 Pa.C.S.A. § 6308, as amended, relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
B. 
Prior to making an arrest without a warrant for a summary violation pursuant to this section, the arresting officer shall ensure that all the following requirements are met:
(1) 
There is probable cause to believe that one of the four listed summary offenses in Subsection A has been committed;
(2) 
The actor's conduct is on-going;
(3) 
The conduct constituting the summary offense is upon the officer's view; and
(4) 
The conduct imperils the personal security of any person (including the suspect's person) or endangers public or private property.
C. 
When a person has been arrested without a warrant for an offense pursuant to this section, the arresting officer shall comply with the requirements set forth in Rule 441, Procedure Following Arrest Without Warrant, of the Pennsylvania Rules of Criminal Procedure, as amended.
D. 
If a person arrested pursuant to this section is a juvenile under the age of 18 years, such person shall only be released to a parent, guardian or other responsible adult willing to accept the responsibility for his/her well being and act in loco parentis.