[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.]
[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]
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.
Borough Council may from time to time establish
rules and regulations governing the Police Department.
[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.
