The Municipality of Kingston does hereby authorize its municipal police
officers to arrest without warrant under the following general rule as established
by the Legislature of the Commonwealth of Pennsylvania, 1995, Nov. 17, P.L.
1090, No. 25 (Spec. Sess. No. 1), § 1, effective in 60 days, 42
Pa.C.S.A. § 8902:
A. General rule. For any of the following offenses, a police
officer shall, upon view, have the right to arrest without warrant, upon probable
cause, when there is ongoing conduct that imperils the personal security of
any person or endangers public or private property:
(1) Under Title 18 (relating to crimes and offenses) when
such offense constitutes a summary offense:
(a) 18 Pa.C.S.A. § 5503 (relating to disorderly
conduct).
(b) 18 Pa.C.S.A. § 5505 (relating to public drunkenness).
(c) 18 Pa.C.S.A. § 5507 (relating to obstructing
highways or other public passages).
(d) 18 Pa.C.S.A. § 6308 (relating to the purchase,
consumption, possession or transportation of liquor or malt or brewed beverages).
(2) Violation of an ordinance of a city of the second class.
B. Guidelines by governmental body. The right of arrest
without warrant under this section shall be permitted only after the governmental
body employing the police officer promulgates guidelines to be followed by
a police officer when making a warrantless arrest under this section.
The Municipality of Kingston does hereby empower and direct the Police
Chief of the Municipality of Kingston to promulgate guidelines governing procedures
to be followed by police officers of the Municipality of Kingston when making
a warrantless arrest under the empowering statute. Said guidelines are to
be established by general order of the Chief of Police Chief and may be modified
from time to time by said Chief of Police.
The provisions of this chapter are declared to be separable; and if
any section, sentence, clause or phrase of this chapter shall be held to be
invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses or phrases of this chapter; but
the same shall remain in full force and effect, it being the intent that this
chapter shall stand, notwithstanding the invalidity of any part thereof.