[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 6-16-1959 by Ord. No. 59-9 (Ch. 1, Part 6A, §§ 601-613,
of the 1986 Code). Amendments noted where applicable.]
[Amended 6-28-2010 by Ord. No. 2010-3]
There is hereby established a Police Department of the Borough
of Lewistown under authority of the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
[Added 6-28-2010 by Ord. No. 2010-3]
Effective date of establishment of Borough of Lewistown Police
Department and withdrawal from the Mifflin County Regional Police
Department. From the effective date of this section until the end
of the day of December 31, 2010, it is the intention of the Borough
of Lewistown and of this section that the Mifflin County Regional
Police Department will continue to provide police services as contractually
agreed in the June 30, 1993 "Intermunicipal Agreement Establishing
the Mifflin County Regional Police Department and Governing the Operation,
Management, and Administration of the Regional Police Department,"
as amended. It is intended that the Police Department of the Borough
of Lewistown will begin providing police services for the Borough
of Lewistown on January 1, 2011. Nonetheless, anything in this section
to the contrary notwithstanding, from the effective date of this section
until the end of the day of December 31, 2010, the Police Department
of the Borough of Lewistown shall exist in parallel with and have
the same functions, powers, responsibilities and immunities as were
granted by said intermunicipal agreement to the Mifflin County Regional
Police Department and its Board of Directors.
[Added 6-28-2010 by Ord. No. 2010-3]
The Police Department shall consist of a Chief of Police and
such other officers as may be provided for by Borough Council.
[Added 6-28-2010 by Ord. No. 2010-3[1]]
Subject to the civil service provisions of Chapter 11 of the
Borough Code (8 Pa.C.S.A. § 1101 et seq.), as amended, Borough
Council may appoint or designate the Chief of Police and make other
appointments to or promotions within the Department, and may remove,
suspend or reduce in rank members of the Police Department. All such
members shall be citizens of the Commonwealth of Pennsylvania.
[Added 6-28-2010 by Ord. No. 2010-3]
Borough Council shall fix the amount of compensation to be received
by the Chief of Police and all other members of the Police Department.
[Added 6-28-2010 by Ord. No. 2010-3]
The Mayor shall be in full charge and control of the Chief of
Police and of the Police Department. The Mayor shall direct the time
during which and the place and manner in which the Chief of Police
and the Police Department perform their duties.
[Added 6-28-2010 by Ord. No. 2010-3]
The Chief of Police shall be the chief administrative officer
of the Police Department. The Chief of Police shall, under the direction
of the Mayor, be in full and complete charge of the Police Department
and have supervision over its members in the exercise of their powers,
duties and authority. The Chief of Police shall keep such records
and make such reports concerning the activity of the Police Department
as may be required by statute or ordinance or by the Mayor and Borough
Council.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
A.
Pursuant to the authority granted Council by the Act of January 14, 1952, P.L. (1951) 2016 (53 P.S. § 731 et seq.), there is hereby established an auxiliary police force for the Borough of Lewistown, which shall consist of such persons: 1) who have satisfied the eligibility requirements of § 46-9; 2) who have satisfactorily completed a course of training prescribed by the Chief of Police; 3) who have been nominated for the positions of auxiliary policemen by the Chief of Police; and 4) who, before they enter upon their duties, have been confirmed by the Mayor and have taken the oath of office prescribed by § 46-9 before the Mayor.
B.
Auxiliary policemen shall serve at the pleasure of the Chief of Police
and may be dismissed by the Chief of Police as auxiliary policemen
at any time. After dismissal, an auxiliary policeman shall no longer
have the powers or duties of an auxiliary policeman.
C.
Auxiliary policemen shall not receive any compensation for their
services, except in such cases as are authorized or approved by Council.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
A.
No person shall be nominated by the Chief of Police or confirmed
or sworn by the Mayor as an auxiliary policeman:
(1)
Who is not a resident of the Borough and a citizen of the United
States;
(2)
Who advocates or has advocated a change by force or violence in the
constitutional form of government of the United States or of the Commonwealth
of Pennsylvania or the overthrow of any government in the United States
by force or violence; or
(3)
Who has been convicted of or is under indictment or information charging
any subversive act against the United States or a felony.
B.
Each person who is confirmed by the Mayor as an auxiliary policeman shall, before entering upon his duties, take the written oath of office prescribed by the Act referred to in § 46-8. The oath shall be taken before the Mayor and, after it has been executed, shall be filed with the Borough Secretary.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
If during any period of distress, disaster or emergency
which does not involve labor disturbances the Mayor determines
that the number of available personnel in the Police Department is
inadequate to handle or cope with the condition, the Mayor shall have
the power to call the auxiliary police to active duty. The length
of time during which the auxiliary police shall serve shall be left
to the judgment of the Mayor.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
A.
Auxiliary policemen, when on active duty, shall have the same powers
as regular policemen in the Police Department of the Borough and,
when on active duty, shall perform such duties as shall be assigned
to them by the Chief of Police or the Mayor.
B.
Auxiliary policemen on active duty in a municipality other than the
Borough of Lewistown shall have the same powers in such municipality
as regular police officers of that municipality.
C.
The powers herein conferred upon auxiliary policemen shall be exercised
by them only after they report for active duty and until they are
relieved from active duty.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
A.
Auxiliary policemen shall not be entitled to any benefit under the
Police Pension Fund established by the Borough.
B.
Auxiliary policemen shall be entitled to receive such workers' compensation
benefits as, under the provisions of the Pennsylvania Workers' Compensation
Act,[1] are provided for auxiliary policemen for injuries sustained
while they are on active duty and actually engaged as policemen, or
while going to or returning from their place of duty, or while participating
in instruction.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
The civil service provisions of the Borough Code shall not apply
to auxiliary policemen.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1101 et seq.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
Each February the Chief of Police and the Mayor shall furnish
Council with a roster showing the names, ages, addresses and occupations
of all the auxiliary policemen. The roster shall thereafter be maintained
in the office of the Borough Secretary and in the office of the Chief
of Police. The Mayor and the Chief of Police shall from time to time
inform Council of any additions to or deletions from the roster.
[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No.
86-2]
The Chief of Police and the Mayor are authorized to make rules
and regulations governing the operation of the auxiliary police force.
[Added 4-11-1983 by Res. No. 83-12; amended 3-24-1986 by Ord. No.
86-2]
A.
Pursuant to § 1006(4) of the Borough Code (which authorizes
the Borough Council to delegate a routine administrative power),[1] the Borough Council hereby delegates to the Chief of Police,
to any patrol or shift sergeant of the Police Department, and to any
on-duty radio operator in the Police Department who has been trained
by the Chief of Police in investigating requests for exoneration and
deciding such requests, the authority and power [under §§ 1005(2)
and 1202(3) of the Borough Code[2]]:
(2)
To exonerate a person who has violated a provision of Chapter 233, Article IV, General Parking Regulations, from the payment of the penalty cost (prescribed by § 233-40C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-40E;
(3)
To exonerate a person who has violated § 233-44, 233-45 or 233-46 of Chapter 233, Article V, On-Street Metered Parking, from the payment of the penalty cost (prescribed by § 233-48C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-48E;
(4)
To exonerate a person who has violated § 233-55, 233-56, 233-57 or 233-58 of Chapter 233, Article VI, Metered Parking Lots, from the payment of the penalty cost (prescribed by § 233-60C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-60E; and
(5)
To exonerate a person who has violated § 233-65, 233-66 or 233-67 of Chapter 233, Article VII, Unmetered Parking Lots, from payment of the penalty cost (prescribed by § 233-69C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-69E.
(6)
To exonerate a person who has violated § 233-82, 233-83 or 233-84 of Chapter 233, Article X, Rec Center Park Parking Lot, from payment of the penalty cost (prescribed by § 233-86C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-86E.
[Added 6-13-2016 by Ord.
No. 2016-3]
B.
Weighing of circumstances.
(1)
In making the decision whether or not to exonerate a person under Subsection A, the test to be used by the Chief of Police, a patrol or shift sergeant, or a radio operator, as the case may be, shall be whether the grant of the exoneration is the fair and reasonable thing to do under all the circumstances — taking into account on the one hand the Borough Council's interest in ensuring that the parking and traffic ordinances of the Borough are upheld and enforced and taking into account on the other hand the accidents, emergencies, broken or inoperative parking meters, and other like outside events or forces over which a driver or owner has no control.
(2)
In weighing the circumstances, those situations or consequences which
could have been avoided but for the driver's or owner's
own carelessness or inattention shall be weighed against the driver
or owner and, therefore, against the granting of exoneration.
[Added 11-13-2012 by Ord. No. 2012-9]
This section is ordained and enacted pursuant to the provisions
of the Borough Code, as amended and reenacted, 8 Pa.C.S.A. § 101
et seq.; the Pennsylvania Municipal Police Jurisdiction Law, as amended,
42 Pa.C.S.A. § 8951 et seq.; and the Pennsylvania Intergovernmental
Cooperation Law, as amended, 53 Pa.C.S.A. § 2301 et seq.,
otherwise per law.
A.
Approval of police mutual aid agreement.
(1)
The Borough of Lewistown hereby approves the form and content of
the police mutual aid agreement by and between the County of Mifflin,
the Borough of Burnham, the Borough of Juniata Terrace, the Borough
of Kistler, the Borough of Lewistown, the Borough of McVeytown, the
Borough of Newton Hamilton, the Township of Armagh, the Township of
Bratton, the Township of Brown, the Township of Decatur, the Township
of Derry, the Township of Granville, the Township of Menno, the Township
of Oliver, the Township of Union, and the Township of Wayne, all of
Mifflin County, Pennsylvania, political subdivisions and local government
units of the Commonwealth of Pennsylvania, which is proposed to be
made and executed by the said county and municipalities (collectively,
the "parties" to the agreement).
B.
Summary of police mutual aid agreement. As required by § 2307
(53 Pa.C.S.A. § 2307) of the said Pennsylvania Intergovernmental
Cooperation law, as amended, the summary and substance of the agreement
is as follows:
(2)
All boundaries of the parties (the municipalities and the county)
shall remain in full force and effect with the understanding that
police officers of the municipalities and county detectives (hereinafter
collectively referred to as "officers") shall have all of the powers
and authorities conferred by law upon the police officers of the municipality
or county in which they may be acting in accordance with the Pennsylvania
Municipal Police Jurisdiction Law, as amended, 42 Pa.C.S.A. § 8951
et seq.
(3)
Parties participating in a regional police department shall provide
officers as each authorize for participation in the programs.
(4)
Officers participating in the programs and all parties utilizing
the services of officers from other parties shall conduct such programs
in accordance with operational briefings.
(5)
Officers assigned by the parties to the programs shall be and remain
employees of the respective municipalities or of the county and not
employees, agents or servants of any other parties.
(6)
Each party shall be responsible for carrying public liability insurance
and property damage insurance for claims which may arise from an act,
omission or neglect of its officers, regardless of the territorial
limits within which the officers are operating.
(7)
The parties shall each be responsible for paying claims, the costs
of defense of claims, or judgments entered on claims which may arise
from any act or omission or neglect of its officers. Each party waives
any and all claims against all of the other parties hereto which may
arise out of its officers' activities while participating in
the programs or rendering services under this agreement.
(8)
Services performed and the expenditures made under this agreement
shall be deemed for public and governmental services, and all immunities
from liability enjoyed by a participating party within its boundaries
shall extend to its participation in services performed outside of
its boundaries.
(9)
In the event that participation in any of the programs shall result
in a third-party claim, suit or loss, the parties whose officers participated
in said operation shall indemnify and hold harmless the remaining
parties from such claim, suit or loss as it relates to the activities
of such party.
(10)
Public liability insurance for both bodily injury and property
damage liability covering the vehicles of their officers while on
duty in the territorial limits of any of the parties shall be obtained
by the parties owning such vehicles.
(11)
All overtime performed by officers participating in the programs
shall be approved by the appropriate program coordinator and reimbursed
to the parties by the appropriate grant administrator. No payments
shall be made directly to officers participating in the programs.
(12)
A party enters the police mutual aid agreement by the passage
of an ordinance by its governing body.
(13)
Withdrawal from the police mutual aid agreement shall be effective
upon adoption of an ordinance by a party's governing body and
written notice to the other parties.
(14)
It is not the intent hereof to create a separate legal entity.
(15)
The agreement is as otherwise adopted by ordinance.
C.
Execution of police mutual aid agreement. The President of Borough
Council or, in his or her absence, the Vice President of Borough Council,
together with the Borough Secretary, are hereby authorized and directed
to execute and attest the agreement and counterparts thereof on behalf
of the Borough of Lewistown. This authority and direction to execute
the agreement shall be authorized and carried out even if changes
are made after the enactment of this section and amendment to the
Code of Ordinances of the Borough of Lewistown, provided that the
agreement is substantially in the form approved hereby and that such
changes are editorial in nature and do not affect the meaning, intent,
substance or effect of the agreement as approved by this section and
amendment to the Code of Ordinances of the Borough of Lewistown.
