Township of Whitehall, PA
Lehigh County
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[Adopted 3-13-1972 by Ord. No. 996]
[Amended 10-14-1974 by Ord. No. 1154; 10-10-1977 by Ord. No. 1252; 12-8-1980 by Ord. No. 1358; 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
There is hereby established and created the Whitehall Township part-time police force, the members of which shall be appointed by the Mayor (Home Rule Charter, § 5.08H) upon recommendation of the Chief of Police.
[Amended 5-13-1976 by Ord. No. 1187; 12-8-1980 by Ord. No. 1358; 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Part-time policemen shall serve at the pleasure of the Mayor or until a submitted resignation shall be accepted by the Mayor.
All members of the part-time police force shall be persons of good character, residents of Whitehall Township and shall not be less than 18 nor more than 55 years of age at the time of their appointment.
[Amended 10-14-1974 by Ord. No. 1154; 12-8-1980 by Ord. No. 1358]
The part-time police force shall obey all rules of the Police Department of the Township of Whitehall applicable to them. They shall have all the police powers, but they shall perform only such police duties as are assigned to them by the Chief of Police and shall act only when in uniform. The Chief of Police is authorized to prepare an organizational structure chart and to develop and implement such rules and regulations as shall be necessary to govern the administration of the part-time police force.
[Added 12-8-1980 by Ord. No. 1358; amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
All services performed by part-time police shall occur within the geographic limits of the Township of Whitehall and shall be on a voluntary basis. Part-time police shall serve without pay, except when a part-time policeman is employed as a substitute or supplementary police officer by authority of the Mayor, he may be paid for his services at the rate annually recommended by the Mayor and approved by the Board of Commissioners.
[Amended 12-8-1980 by Ord. No. 1358]
Part-time policemen shall be deemed to be employees of the Township when performing police duties under the discretion of the Chief of Police. Such part-time policemen shall be covered by Workmen's Compensation during such times in accordance with the laws of the Commonwealth of Pennsylvania.
[Amended 12-8-1980 by Ord. No. 1358]
Each member of the part-time police force shall provide himself with the prescribed uniform at his own expense. The Board of Commissioners may, in its discretion, contribute financially toward the cost of uniforms.
[Adopted 5-12-1997 by Ord. No. 2032]
This article shall be known and cited as "The Whitehall Township Guidelines of Warrantless Arrest Ordinance."
A. 
The following words and phrases, when used in this article, shall have the meanings indicated hereinbelow, except where the context clearly indicates or expressly requires a different meaning.
DEFENDANT
Any person charged with committing any of the offenses covered by this article.
POLICE OFFICER
Any person employed by Whitehall Township Police Department as a law enforcement officer.
B. 
In this article the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and neuter.
Police officers may only make arrests without warrants under this article for the following summary offenses (hereinafter referred to collectively as the "summary offenses"):
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 and other public passages).
D. 
18 Pa.C.S.A. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).
A. 
Prior to making an arrest without a warrant pursuant to this article, the police officer must, upon view, have probable cause to believe that:
(1) 
The defendant has committed a crime involving one of the four summary offenses.
(2) 
The defendant's conduct is ongoing.
(3) 
The defendant's conduct imperils the personal security of any person or endangers public or private property.
B. 
Probable cause exists where the facts and circumstances within the knowledge of the arresting officer are reasonably trustworthy and sufficient to warrant a person of reasonable caution to believe that the person to be arrested has committed a crime involving one of the four summary offenses.
When making an arrest without warrant pursuant to this article, the police officer shall follow the guidelines of the Whitehall Township Police Policy and Procedures, as amended from time to time.
A. 
Where a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection A(1) of this section or taken before the proper issuing authority pursuant to Subsection C of this section.
(1) 
When a defendant has been arrested without a warrant, the arresting police officer may, when the police officer deems it appropriate, promptly release the defendant from custody when the following circumstances have been met:
(a) 
The defendant is a resident of the Commonwealth.
(b) 
The defendant, after arrest, poses no threat of immediate physical harm to any other person or to himself or herself.
(c) 
The arresting police officer has reasonable ground to believe that the defendant will appear before a court as required.
(d) 
The defendant does not demand to be taken before an issuing authority.
B. 
A citation shall be issued to the defendant at the time of release and thereafter the case shall proceed 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 A, 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.
(2) 
The defendant's criminal record must be ascertained before trial as specifically required by statue 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.
A. 
Any warrantless arrest of a person under the age of 18 charging a violation of 18 Pa.C.S.A. § 5503 (relating to disorderly conduct), § 5505 (relating to public drunkenness) and/or § 5507 (relating to obstructing highway and other public passages), the police officer shall notify the defendant's parents or guardian of the charge(s).
B. 
In any warrantless arrest of a person under the age of 21 charging a violation of 18 Pa.C.S.A. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), the police officer shall notify the defendant's parents or guardian of the charge(s).
C. 
The name and address of the parents or guardian and an indication that notification was made shall be listed on any citation issued for any of the charges listed in this section.