[Adopted 4-26-1895 by Ord. No. 1895-7]
There shall be and is hereby created a Police Department of
the City of Pittston, which shall consist of one Chief of Police and
such other policemen as the Council may hereafter designate.
The Chief of Police and the policemen shall be appointed as
provided in Article 7, Section 4, of the Act of 1889.,
Upon recommendation of the Mayor, the City Council may, by resolution,
appoint extra/special police for up to 30 days of service. This authorization
is equivalent to the authority set forth in Article XX, Section 2003,
of the Third Class City Code. All persons appointed as extra/special police shall have
the same qualifications and duties as police officers and shall be
at the direction of the Chief of Police. Hourly compensation for those
persons employed as extra/special police shall be set by resolution
of the City Council.
[Adopted 6-16-1999 by Ord. No. 1999-2]
The City of Pittston does hereby authorize its municipal police
officers to arrest without warrant under the provisions of 42 Pa.C.S.A.
§ 8902, as established by the Legislature of the Commonwealth
of Pennsylvania as follows:
A. General rule. For any of the following offenses, 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:
(1) Under Title 18 (relating to crimes and offenses), when such offense
constitutes a summary offense: 18 Pa.C.S.A. § 5503 (relating
to disorderly conduct); 18 Pa.C.S.A. § 5505 (relating to
public drunkenness); 18 Pa.C.S.A. § 5507 (relating to obstructing
highways and other public passages); 18 Pa.C.S.A. § 6308
(relating to purchase, consumption, possession or transportation of
liquor or malt or brewed beverages).
B. Guidelines by governmental body. The right of arrest without warrant
under this section shall be permitted only after the governmental
body employing the police officer promulgates guidelines to be followed
by a police officer when making a warrantless arrest under this section.
In accordance with 42 Pa.C.S.A. § 8902(b), the City
of Pittston does hereby empower and direct the Chief of Police of
the City of Pittston to promulgate guidelines to be followed by police
officers of the City of Pittston when making a warrantless arrest
under the empowering statute otherwise known as 42 Pa.C.S.A. § 8902.
These guidelines are to be established and maintained by general order
of the Chief of Police and may be modified from time to time by the
Chief of Police as deemed necessary.