[HISTORY: Adopted by the Mayor and Council of the City of
Washington 9-18-1997 by Ord. No. 1558 (Ch. 1, Part 12, of the 1986 Code
of Ordinances). Amendments noted where applicable.]
Any City of Washington police officer shall, upon view, have
the right of arrest without warrant upon probable cause when there
is ongoing conduct that imperils the personal security of any person
or endangers public or private property when the conduct constitutes
a summary offense relating to:
The following are guidelines set by the City Council of the
City of Washington promulgated by the City of Washington providing
for making warrantless arrests pursuant to this chapter. A police
officer of the City of Washington may make a warrantless arrest pursuant
to this chapter only upon his or her own personal observation of the
totality of circumstances implicated by the actor's or actors' conduct,
including:
Prior to making an arrest without warrant, the police officer
must first have cause before making an arrest. "Probable cause" means
that, at the time of arrest, the facts and circumstances within the
officer's knowledge are reasonable, trustworthy and sufficient
to warrant a person of reasonable caution in believing that the actor
has committed or is committing an offense.
In making a warrantless arrest, the police officer must personally
observe the following:
A.
The actor or actors actually engaging in the conduct constituting
the stated offense or a condition which, if not removed or arrested,
will likely result in a public nuisance or harm to a person or public
or private property.
A.
The police officer may make a warrantless arrest if the conduct observed
places any person, including the actor or actors, at risk of bodily
harm. An actor's conduct imperils the personal security of any
person if it also places that person reasonably in fear of bodily
harm. In addition, the actor's conduct must pose a threat to
the integrity of public property or private property such that there
is a likelihood that said property would be damaged or destroyed if
the actor's conduct continues.
B.
Police officers may make a warrantless arrest of an actor engaged
in conduct constituting a summary offense, as set forth as follows:
(1)
Disorderly conduct as set forth under 18 Pa.C.S.A. § 5503.
Under said § 5503, a person is guilty of disorderly conduct
if, with intent to cause public inconvenience, annoyance or alarm
or recklessly creating a risk thereof, he:
(a)
Engages in fighting or threatening, or in violent or tumultuous
behavior.
(b)
Makes unreasonable noise.
(c)
Uses obscene language or makes an obscene gesture.
(d)
Creates a hazardous or physically offense condition by any act
which serves no legitimate purpose of the actor.
(e)
"Public" means affecting or likely to affect persons in a place
to which the public or a substantial group has access; among the places
included are highways, transport facilities, schools, prisons, apartment
houses, place of business or amusement, any neighborhood or any premises
which are open to the public.
(2)
Public drunkenness under 18 Pa.C.S.A. § 5505. Under § 5505
of the Crimes Code, a person appearing in any public place manifestly
under the influence of alcohol to the degree that he or she may endanger
himself or herself or other persons or property or annoy persons in
his vicinity commits the summary offense of public drunkenness.
(3)
Obstructing highways and other public passages under 18 Pa.C.S.A.
§ 5507.
(a)
Under § 5507 of the Crimes Code, a person who, having
no legal privilege to do so, intentionally or recklessly obstructs
any highway, railroad track or public utility right-of-way, sidewalk,
navigable waters or other public passage, whether alone or with others,
commits a summary offense. No person shall be deemed guilty of any
offense under this section solely because of a gathering of persons
to hear him speak or otherwise communicate or solely because of being
members of such gathering. A person in a gathering commits a summary
offense if he refuses to obey a reasonable official request or order
to move:
(b)
An order to move, addressed to a person whose speech or other
lawful behavior attracts an obstructing audience, shall not be deemed
reasonable if the obstruction can be readily remedied by police control
of the size or location of the gathering.
(c)
"Obstructs" shall mean rendering impassable without unreasonable
inconvenience or hazard.
(4)
Purchase, consumption, possession or transportation of liquor or
malt or brewed beverages (18 Pa.C.S.A. § 6308). Under § 6308
of the Crimes Code, a person commits a summary offense if he, being
less than 21 years of age, attempts to purchase, purchases, consumes,
possesses or knowingly and intentionally transports any liquor or
malt or brewed beverages, as defined in § 6310.6 of the
Crimes Code.
The City of Washington police officers shall utilize the guidelines,
as aforesaid, in making an arrest without warrant. For the circumstances
enumerated in this chapter, a police officer shall, upon view, have
the right of arrest without warrant, upon probable cause, when there
is ongoing conduct that imperils the personal security of any person
or endangers public or private property.