[Adopted 12-12-2005 by Ord.
No. 402]
Effective beginning January 1, 2006, all police services within the
Borough of Bradford Woods previously performed by the Pine-Marshall-Bradford
Woods Joint Police Department shall be performed by the Northern Regional
Police Department of Allegheny County, an entity formed to facilitate and
administer the provision of joint, cooperative police services through a single
police department in and for the communities of the Township of Pine, Marshall
Township, the Borough of Bradford Woods and the Township of Richland.
The Borough of Bradford Woods is hereby authorized to join with Pine
Township, Marshall Township, and the Township of Richland, in accordance with
the provisions of the aforementioned Intergovernmental Cooperation Act, in becoming a participating municipality in the Northern Regional
Police Department of Allegheny County pursuant to the terms and conditions
set forth in a joint police agreement by and among the four previously mentioned
municipalities. The terms and conditions of the aforementioned joint police
agreement are incorporated herein by reference as fully as if set forth at
length herein and a copy of said joint police agreement is attached to this
article and labeled as Exhibit A hereto. The appropriate officers of the Borough of Bradford Woods are
hereby authorized to execute such joint police agreement on its behalf. Pursuant
to the requirements of the aforementioned Intergovernmental Cooperation Act,
the terms of the aforementioned joint police agreement and of this article
accordingly set forth: the conditions of the agreement; the duration of the
term of the agreement; the purposes and objectives of the agreement (including
the powers and scope of authority therein delegated); the manner and extent
of financing the agreement; the organizational structure necessary to implement
the agreement; the manner in which real or personal property shall be acquired,
managed, licensed, or disposed of; and that the entity created by the said
joint police agreement shall be empowered to enter into contracts for policies
of group insurance and employee benefits, including social security, for its
employees.
[Adopted 10-13-2003 by Ord. No. 386]
The following guidelines are established as the policy of the Joint
Police Force of the Township of Pine, the Township of Marshall and the Borough
of Bradford Woods.
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:
A. When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection
B, or taken before the proper issuing authority under Subsection
C.
B. Release from custody.
(1) 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:
(a) The defendant is a resident of the commonwealth;
(b) The defendant poses no threat of immediate physical harm
to any other person or to himself or herself;
(c) The arresting officer has reasonable grounds to believe
that the defendant will appear as required; and
(d) The defendant does not demand to be taken before an issuing
authority.
(2) A citation shall be issued to the defendant at the time
of release and, thereafter, the case shall proceed in accordance with Pennsylvania
Rules of Criminal Procedure, Rules 55 to 59, as if the proceedings had been
instituted by issuing a citation to the defendant.
C. When a defendant has not been released from custody under Subsection
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:
(1) 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
(2) The defendant's criminal records must be ascertained
before trial, as specifically required by statute, for purposes of grading
the offense charged, in which event the defendant shall be given the opportunity
to deposit collateral for appearance on the new date and hour fixed for trial,
which shall be after the issuing authority's receipt of the required information.
The municipalities recognize that Rule 71 and 42 Pa.C.S.A. § 8902
may be amended from time to time. It is the intention of the municipalities
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 the guidelines have
formally been amended to comply with any rule or statute changes.