[Adopted 8-17-2004 by Ord. No. 2004-6]
There is hereby created and established a Police
Department for the Borough of Old Forge, which shall consist of a
Chief of Police and such other officers, ranks or classifications
of officers as may be provided for by the Council.
All members of the Police Department shall be
termed "patrolmen," except those who may be appointed or designated
by the Council as superior officers, of which the following may be
appointed to hold such rank or designation and assignment during the
pleasure of the Council: Captains, Sergeants or any other classification
desired by the Council, subject to the civil service provisions of
the Borough Code, as amended and supplemented,[1] if they be in effect at the time. Council may remove,
suspend or reduce in rank members of the Department as provided in
the Borough Code. All such members of the Department shall be citizens
of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
A.
The Mayor shall direct the manner in which the Chief
and members of the Police Department shall perform their duties. The
Mayor may, however, delegate to the Chief of Police supervision over
and instruction to subordinate officers in the manner of performing
their duties.
B.
Subject to the powers of the Mayor, and following
in rank, shall be the Chief of Police, Captains, Sergeants and then
patrolmen, in order of seniority in each group.
A.
The Chief of Police shall keep such records and make
such reports concerning the daily activities of the Police Department
as may be required by statute, ordinance or by Council. He shall be
responsible for the performance by the Police Department of its functions,
and all persons who are members of the Police Department shall serve
subject to his orders.
B.
The Captains shall keep such records and make such
reports concerning their daily activities as may be required by statute,
ordinance or by Council.
C.
The Sergeants shall keep such records and make such
reports concerning their daily activities as may be required by statute,
ordinance or by Council.
D.
All other persons who are members of the Police Department
shall keep such records and make such reports concerning their daily
activities as may be required by statute, ordinance or by Council.
The Mayor may make or prescribe the manner in
which the Chief and members of the Police Department shall perform
their duties and, in doing so, may make such rules and regulations
as he shall deem advisable. Such rules and regulations must be consistent
with the ordinances of the Borough and the laws of the State of Pennsylvania.
In addition to the powers of Council to suspend
policemen, the Mayor may, for cause and without pay, suspend any policeman
until the succeeding regular meeting of the Council, at which time
thereafter the Council may, subject to the civil service provisions
aforesaid, if they are in effect at the time, suspend, discharge,
remove, reduce in rank or reinstate policemen.
It shall be the duty of every member of the
Police Department to conduct himself or herself in a proper and law-abiding
manner at all times and to avoid the use of unnecessary force. Each
member of the Department shall obey the orders and directions of his
superior.
Policemen shall have authority to serve and
execute all criminal process for the violation of Borough ordinances
which may be issued by the Magisterial District Judge, as well as
enforcement of the Pennsylvania Crimes Code and Pennsylvania Vehicle
Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq. and
75 Pa.C.S.A. § 101 et seq., respectively.
The Council may assign the Chief of Police or
any member of the police force to undergo a course of training at
any training school for policemen established and made available by
the state or federal government and may provide for the payment of
his expenses while in attendance at such school. All members of the
Police Department are required to be and maintain their certification
from the Municipal Police Officers' Education and Training Commission.
The members of the Police Department shall see
to the enforcement of all of the ordinances of the Borough and all
statutes applicable therein; they shall preserve order and prevent
infractions of the law and arrest violators thereof; they shall and
may, within the Borough or upon property owned or controlled by the
Borough or by a municipal authority of the Borough, whether such property
is within or outside the limits of the Borough, without warrant and
upon view, 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 other persons or for violating any ordinance of
the Borough of Old Forge, for the violation of which a fine or penalty
is imposed; and, notwithstanding any statute pertaining to the same
or similar offenses, any person so arrested shall be received for
confinement by the keepers of the jails, lockups or station houses
within the county.
Every member of the Police Department shall
appear as a witness, if such is the case, whenever his appearance
is necessary in a prosecution for a violation of an ordinance or of
any state or federal law or in any other judicial proceeding.
The Borough shall issue members of the Police
Department a shield or badge with the word "Police" and other pertinent
wording indicating their official authority and capacity, which the
policemen shall, when on duty, wear or carry and return to the Borough
upon suspension, removal, resignation or retirement.
The Mayor may appoint special policemen, who
are citizens of the Commonwealth of Pennsylvania of good character,
during an emergency in which the safety and welfare of the Borough
and the public is endangered. Such special policemen shall obey all
rules of the Police Department applicable to them and may be deprived
of their appointment by the Mayor at any time. They shall not be considered
employees of the Borough or the Police Department by the reason of
such appointment for civil purposes.
The members of the Department shall have the
power, authority and duty to regulate traffic in person or by official
traffic signals.
The Borough police and special policemen appointed
by the Mayor shall receive compensation as shall be fixed by the Borough
Council subject to any collective bargaining agreement then in force
or negotiated by the members of the Police Department and Borough
Council.
The Chief of Police shall have the custody of
all lost, abandoned or stolen property recovered in the Borough.
This Article III represents codification of all ordinances and resolutions of the Borough of Old Forge relating to the establishment of a Police Department as provided by the Borough Code, Act of February 1, 1966, P.L. 1656, No. 581, as amended, 53 P.S. § 46121. This article shall be construed, regulated and administered under the laws of the Commonwealth of Pennsylvania and resolutions and ordinances made by the Old Forge Borough Council. All prior ordinances and resolutions or parts thereof inconsistent herewith are hereby repealed. This article shall become effective immediately upon its adoption.
