[Amended 11-6-1958 by Ord. No. 572; 1-6-1964 by Ord. No. 637; 3-10-1972 by Ord. No. 772; 4-9-2001 by Ord. No. 1180; 3-14-2011 by Ord. No.
1310; 9-17-2015 by Ord. No. 1364; 10-10-2016 by Ord. No. 1376]
The fire chiefs of the fire companies comprising the Tyrone Fire Department, namely, the Blazing Arrow Hook & Ladder Volunteer Fire Company and Neptune Volunteer Fire Company Number 1, or whatever such entity which may succeed them, jointly shall nominate from time to time active members of either of said fire companies and, when confirmed by the Borough Council and sworn by the Mayor as required by law, said individuals shall serve as special fire police officers pursuant to 35 Pa.C.S.A. § 7431, et seq. Every such special fire police officer shall serve at the pleasure of Borough Council and Council shall have the authority to remove any special fire police officer at any time for any reason including, but not limited to, conduct unbecoming a special fire police officer; failure to maintain any of the qualification set forth in § 20-17; and/or upon recommendation from the fire company of which the special fire police officer is a member. Special fire police officers shall be automatically terminated in the event that they cease to be members of one of the fire companies which comprise the Tyrone Fire Department for any reason. For all active public duty, as assigned by the Mayor or the Chief of Police, at the scenes of fires, parades, accidents, floods or other emergencies, each special fire police officer so serving may be compensated by the Borough as the Borough Council may determine from time to time.
A.
No person shall be nominated for or appointed as a special fire police
officer who has not attained the age of 21 years. All special fire
police officers shall, at all times, be members in good standing of
one of the above named fire companies which comprise the Tyrone Fire
Department and must maintain a valid driver's license. All special
fire police officers shall be required to confine their Fire Department
activities to the performance of fire police duties. No special fire
police officer may hold office as a Fire Chief, Assistant Fire Chief,
driver or active firefighter or any other position which shall compromise
the special fire police officer's availability or effectiveness to
perform fire police duties.
B.
All persons appointed as special fire police officers, including
any formerly appointed special fire police officers who have not already
previously done so, shall undergo criminal background checks (NCI
and child abuse - at the expense of the Borough) and shall receive
the following certifications:
C.
All newly appointed special fire police officers shall have one year
from the date of their appointment to complete the aforementioned
certifications. Until all such certifications have been obtained,
newly appointed special fire police officers shall only perform fire
police duties while under the direct supervision of a fully trained
special fire police officer who has obtained all of the aforementioned
certifications.
A.
There shall be no separate organization or entity, incorporated or
unincorporated, created or maintained by those individuals confirmed
as special fire police officers by Borough Council. All fire police
duties and activities performed by the special fire police officers
confirmed by Borough Council shall be conducted as part of, and under
the direct supervision of, the above named fire companies which comprise
the Tyrone Fire Department. Any vehicles utilized by the special fire
police officers shall be the property of the aforementioned fire companies
and shall be garaged in the fire companies' facilities.
B.
Officers shall be appointed by the fire companies which comprise
the Tyrone Fire Department to provide command and control of the special
fire police officers while performing fire police duties. Such officers
shall command and direct the fire police in the performance of their
duties as assigned by the Mayor, the Chief of Police or the Fire Chief.
The special fire police officers confirmed by Borough Council
shall have full police powers, as provided by law, when displaying
a badge of authority, to regulate traffic, keep crowds under control
and to prevent interference by the public at the scene of parades,
accidents, floods or other emergencies. In addition, said special
fire police officers shall properly rope off the scene of any conflagration
immediately after their arrival at the scene. Together with the members
of the Borough police force and other authorized law enforcement officers,
said special fire police officers are authorized to exclude from interference
with the function of the regularly organized Tyrone Fire Department
all persons not members thereof and to exclude from the area within
the fire lines all unauthorized persons. They shall take into custody
any and all persons persisting in such unauthorized interference.
Any person who shall interfere with or fail to comply with any
lawful order of any member of the fire police while on duty and displaying
his lawful badge of authority shall, upon conviction thereof, be subject
to a fine of not less than $20 nor more than $1,000 and costs of prosecution,
and in default of payment thereof, to imprisonment for not more than
30 days.
The special fire police officers confirmed by Borough Council
shall be the only entity recognized by the Borough of Tyrone to perform
fire police duties within the Borough. No other entity which purports
to provide fire police services shall operate within the Borough unless
it is the designated fire police entity for another municipality and
is dispatched in support of a fire company which is designated to
perform fire services in that municipality or whose assistance has
been requested by the Borough.
The individuals confirmed as special fire police officers shall
not conduct any fundraising activities separate or apart from those
activities conducted by and for the fire companies which comprise
the Tyrone Fire Department. They may, however, participate in the
fundraising efforts of the fire company of which they are a member.