[Adopted 3-1-1993 by Res. No. R-93-1, approved 3-1-1993]
It is in the best interest of the Borough for the Borough to regulate the performance of all police activities performed in the Borough, including all activities of special duty police.
Outside part-time employment of Borough police officers, as permitted by the Borough, does not include special police duty assignment in the Borough or any other type of employment which requires the police officer to wear a Marcus Hook police uniform and/or badge or perform police-type activities.
The use of special duty police in the Borough shall be under the direction of the Mayor and, in his absence, the Director of Public Safety and/or Officer-In-Charge and in accordance with the provisions of this article.
Where, in the opinion of the Mayor and, in his absence, the Director of Public Safety and/or Officer-In-Charge, the conduct of an event or public assemblage can be expected to require an extraordinary use of police protection, or where the owner, operator, person or organization (including churches, schools, funeral homes, shopping centers, business and industrial establishments) which conducts such an event or public assemblage requests the Borough of Marcus Hook to provide extraordinary police protection for the maintenance of public order the safe and speedy conduct of traffic, the protection of property or the supervision of assembled large numbers of persons, the Director of Public Safety and/or the Officer-In-Charge shall hereby be authorized to assign to duty the number of police deemed necessary to properly provide for the maintenance of public order and safety at such an event or public assemblage.
Where, in the opinion of the Mayor and, in his absence, the Director of Public Safety and/or Officer-In-Charge, the need for extraordinary police protection is attributable to a particular event or public assemblage, the owner, operator, person or organization which conducts such an event or public assemblage is hereby required to reimburse the Borough of Marcus Hook for the expense of such extraordinary police protection. The Borough shall charge a police duty and administrative fee, as determined from time to time by the Borough Council, to cover police officer duty time, insurance, use by vehicles, equipment and administrative time.
The Mayor and, in his absence, the Public Safety Director and/or the Officer-In-Charge shall estimate the number of policemen and the length of time required to provide the extraordinary police protection. In all cases the owner, operator, person or organization which conducts such an event or public assemblage shall pay to the Borough of Marcus Hook an hourly fee as set forth by Borough Council to be invoiced by the Borough after the service has been provided. In the event that the owner, operator, person or organization conducting such an event or public assemblage shall fail or refuse to pay the invoiced amount, the Borough of Marcus Hook shall have the right to recover the said sum through a civil action or to file a municipal lien in the Office of Judicial Support for the Court of Common Pleas for Delaware County for the recovery of municipal expenses.
The Director of Public Safety and/or the Officer-In-Charge shall maintain a roster of police officers who willingly desire to work as special duty police officers during their off-duty hours and shall assign such officers, in an equitable manner, to special duty police work.
No police officer shall be assigned to any duty under this article which shall not be of a kind or nature pertaining to the lawful office or duties as a policeman.
In the event that it shall become necessary for the Mayor and, in his absence, the Public Safety Director and/or Officer-In-Charge to assign on-duty police to perform such extraordinary duty, such officer shall receive no additional compensation, and therefore no expense for such service shall be charged to the owner, operator, person or organization conducting such event or public assemblage.
The Borough of Marcus Hook does not guarantee the availability of municipal special duty police for each and every request and assumes no liability if a specific request cannot be met. The Borough of Marcus Hook does not guarantee the availability of a municipal police vehicle for each and every request. The assignment of a police vehicle will be determined by the Director of Public Safety and/or the Officer-In-Charge on a case-by-case basis.
The Director of Public Safety and/or the Officer-In-Charge shall submit a monthly report to the Mayor, Borough Police Committee and the Borough Manager covering the assignments of police officers as special duty police.