[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.
DEFENDANT
POLICE OFFICER
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.
Any person charged with committing any of the offenses covered
by this article.
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:
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.
