[HISTORY: Adopted by the Borough Council of the Borough of Pennsburg 9-8-1998 by Ord. No. 7-98; amended in its entirety 6-2-2003 by Ord. No. 6-03. Subsequent amendments noted where applicable.]
This ordinance also repealed former Ch. 14, adopted 6-18-1973 by Ord. No. 2-73, as amended.
[Added 5-2-2017 by Ord. No. 2-2017]
Editor's Note: This ordinance also repealed former Art. I, Police Department, Unified, as amended.
A police department is hereby established in and for the Borough of Pennsburg and shall be henceforth known as the "Upper Perk Police Department."
The Chief of Police shall be the chief executive of the Police Department. Under the direction of the Mayor, the Chief of Police shall supervise its members and shall prescribe rules and regulations for the exercise of their powers, duties, and authority. Subordinate to the Chief of Police in the Police Department shall be the classifications of Sergeant; Corporal; Detective; and Patrol Division. The Chief of Police and all police officers shall be hired by Borough Council, subject to applicable civil service requirements. The number and grades of persons to serve in each classification on a full-time or part-time basis, and the compensation thereof, as well as the compensation of the Chief of Police, shall be determined by the Borough Council from time to time. Nothing herein contained, however, is intended to be or shall be construed to limit the Mayor's authority to supervise the operation of the Police Department, or shall affect the authority of the Mayor to appoint special policemen during emergencies.
The initial composition of the Upper Perk Police Department shall be the police officers for the Upper Perk Police Commission presently serving the Upper Perk Police District.
Each police officer of the Upper Perk Police Department shall have those powers and abilities as are granted to police officers under the laws of the Commonwealth of Pennsylvania or the rules of the Supreme Court or the ordinances of the borough for which a fine or penalty is imposed, unless otherwise expected by law. Each police officer, when on duty, shall wear a shield or badge with the words "Upper Perk Police Department" inscribed thereon, and before commencing his or her duties shall affirm the oath of office.
The Chief of Police, in consultation with the Mayor, shall prepare and submit a detailed annual budget to the administrative manager for inclusion in the Borough's annual budget for the consideration and approval of Council. All expenditures pursuant to the approved police budget shall be made upon approval of the administrative manager in accordance with Borough purchasing policies.
[Added 5-2-2017 by Ord. No. 4-2017]
Editor's Note: This ordinance also repealed former Art. II, Emergency Response Team, as amended.
The President and Secretary of the Borough Council of Pennsburg are authorized to execute and enter into an intergovernmental cooperation agreement with the Police Emergency Response Team known as "Montgomery County SWAT — Central Region."
The intergovernmental cooperation agreement providing for Montgomery County SWAT — Central Region shall contain the following:
The purpose of the agreement.
The duration of the agreement.
The participation of Pennsburg Borough in the Montgomery County SWAT — Central Region Team.
The implementation, command, administration and financing of the Montgomery County SWAT — Central Region Team.
The final form of any agreement or amendment shall be approved by Pennsburg Borough Council.
All ordinances or parts of ordinances consistent herewith are in conflict when any of the specific terms enacted hereby to the extent of said inconsistencies or conflicts are hereby specifically repealed.
The provisions of this article are severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional, by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts, or provisions of the article. It is hereby declared to be the intent of this Council that the article would have been adopted as if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included.
This article shall become effective immediately upon enactment with the participation in the Montgomery County SWAT — Central Region to begin 12:01 a.m. on June 1, 2017.