[Ord. 667, 7/8/1996, § 1; as amended by Ord. 741,
12/30/2002, § 1]
Police officers employed by the Borough of Jefferson Hills and
acting in that capacity shall, upon view, have the right of arrest
without a warrant upon probable cause when there is ongoing conduct
that imperils the personal security of any person or endangers public
or private property when such conduct constitutes a summary offense
enumerated in 42 Pa.C.S.A. § 8902, as amended.
[Ord. 667, 7/8/1996, § 2]
When making such an arrest under this statute for any one of
the listed offenses, the officer shall consult and follow the procedures
outlined in Rule 71 of the Pennsylvania Rules of Criminal Procedures.
[Ord. 667, 7/8/1996, § 3]
When making such an arrest under this statute, the officer shall
ensure that the following requirements contained in 42 Pa.C.S.A. § 8902
are satisfied, to wit:
A. The officer has probable cause to believe one of the listed crimes
is involved.
B. The defendant's conduct is ongoing.
C. The conduct constituting the crime is upon the officer's view.
D. The conduct imperils the personal security of any person, including
that of the defendant, or endangers public or private property. In
the event the defendant is a minor, and being less than 14 years of
age, a presumption exists that said minor's personal security is imperiled.
[Ord. 667, 7/8/1996, § 4; as amended by Ord. 741,
12/30/2002, § 1]
1. Upon arrest of a defendant for offenses authorized by 42 Pa.C.S.A.
§ 8902, said defendant shall be processed and incarcerated
according to the rules and regulations governing the Borough of Jefferson
Hills Police Department and the custody of prisoners. In addition
to those rules and regulations, a defendant arrested under said authority
shall only be held or detained until:
A. He is arraigned before an impartial judicial officer and released
or transferred to the custody of the County jail or a constable.
B. He is transferred into the custody of another police department or
other authorized law enforcement officer.
C. The conduct which imperils the personal security of any person or
endangers public or private property has, in the opinion of the custodial
officer, been abated and the defendant has been issued a nontraffic
citation.
D. In the event of a juvenile defendant, he is placed in the custody
of an appropriate juvenile holding facility or issued a nontraffic
citation and released to the custody of a parent, guardian or person
in loco parenti.
2. Defendants arrested under the authority of 42 Pa.C.S.A. § 8902
shall be afforded reasonable opportunities, at the discretion of the
custodial officer, to contact responsible persons who can, after accepting
custody for the defendant, serve to abate the peril to the personal
security of any person or endangerment to public or private property
posed by the defendant's conduct.
[Ord. 667, 7/8/1996, § 5; as amended by Ord. 741,
12/30/2002, § 1]
The power to arrest granted under this Part in conjunction with
42 Pa.C.S.A. § 8902 is in addition to all other powers of
arrest and enforcement granted to law enforcement officers by the
laws or regulations of the Borough of Jefferson Hills, County of Allegheny,
Commonwealth of Pennsylvania, and/or the United States of America
and does not serve to further restrict, expand or limit these powers.