As used in this chapter, the following terms shall have the
meanings indicated:
EMERGENCY
May consist of an unruly person or group which demonstrates
a potential for violence, a hostage situation, a fire, a flood, an
accident or a similar circumstance where prompt police action is required
or more than one officer or specialized equipment is required.
Whenever, in the judgment of the Chief of Police/Sheriff of
the Port Deposit police force or the Cecil County Sheriff's Department,
or either agency's authorized designee, an emergency situation
exists and the Police Department in the jurisdiction where the emergency
occurs does not have sufficient police or equipment immediately available
to properly handle the emergency, the designated official may request
assistance in the form of police personnel or equipment from the other
party. If, in the judgment of the designated official of the jurisdiction
to whom the request has been made, an emergency does exist and the
police or equipment requested are available, such resources may be
dispatched as requested.
Whenever any individual officer of the Port Deposit police force
or the Cecil County Sheriff's Department is traversing, while
on official duty, any highway, road, street or alley that intertwines
or abuts any part of the area of the two jurisdictions and observes
or is informed that any crime is in progress or that an emergency
exists in either jurisdiction, the officer is authorized to act as
a police officer in either jurisdiction pursuant to this agreement.
[Amended 11-13-2012 by Ord. No. 2012-12]
The manner of providing assistance as set forth in this agreement
shall not affect the authority granted police officers in matters
involving fresh pursuit as provided in the Criminal Procedure Article,
§ 2-301, of the Annotated Code of Maryland.
[Amended 11-13-2012 by Ord. No. 2012-12]
A. Pursuant to the Criminal Procedure Article, § 2-105, of
the Annotated Code of Maryland, the parties acknowledge that the acts
performed in furtherance of this agreement by police officers or other
officers, agents or employees and the expenditures made by the parties
shall be deemed conclusively to be for a public and governmental purpose,
and all of the immunities from liability enjoyed by the parties when
acting through their police officers, agents or employees for a public
or governmental purpose within its jurisdictional limits shall be
enjoyed by the parties to the same extent when acting, pursuant to
other lawful authority and/or agreement, beyond the jurisdictional
limits of the parties.
B. Pursuant to the Criminal Procedure Article, § 2-105, of
the Annotated Code of Maryland, the parties acknowledge that the police
officers, agents and employees of the parties, when acting in furtherance
of statutory authority or, under this agreement, beyond the jurisdictional
limits of the police force in which they are commissioned or employed,
have all the immunities from liability and exemptions from laws, ordinances
and regulations and have all of the pension, relief, disability, workmen's
compensation and other benefits enjoyed by them while performing their
respective duties within the jurisdictional limits of the police force
in which they are commissioned or employed.
[Amended 11-13-2012 by Ord. No. 2012-12]
Pursuant to the Criminal Procedure Article, § 2-105,
of the Annotated Code of Maryland, each of the parties to this agreement:
A. Waives any and all claims against all the other parties to this agreement
which may arise out of its activities outside its respective jurisdiction
under this agreement; and
B. Agrees to indemnify and save harmless the other parties to this agreement
from all claims by third parties for property damage or personal injury
which may arise out of the activities of the other parties to this
agreement outside their respective jurisdictions under this agreement.
[Amended 11-13-2012 by Ord. No. 2012-12]
Pursuant to the Criminal Procedure Article, § 2-105,
of the Annotated Code of Maryland, this agreement shall remain in
effect until it is canceled by any party by written notice from the
governing body of any party to the governing body of the other party.