[Ord. 198, 3/4/1957, § 1]
A Police Department is hereby established in and for the Borough
of Liberty. The Chief of Police shall be the chief executive of the
Police Department. He shall, under the direction of the Mayor, be
in charge of the police force and have supervision of its members
in the exercise of their powers, duties and authority.
[Ord. 198, 3/4/1957, § 2; as amended by Ord. 423,
9/9/1987, § 1-402]
Subordinate to the Chief of Police, in the Police Department,
the following classifications are hereby established: Lieutenant,
Patrolman and special School Police, to which Council shall, subject
to the Civil Service provisions of the Borough Code, 53 P.S. § 45101
et seq., appoint, remove or suspend one or more suitable persons,
as such officers. The number of persons to serve in each of such subordinate
classifications, if any, and the compensation of each shall be as
determined by the Borough Council from time to time. The priority
of authority among such subordinate classifications shall be in the
order above listed. The Council of the Borough of Liberty shall not
be required and/or mandated to maintain any of the above-referenced
police classifications.
[Ord. 198, 3/4/1957, § 3]
The Mayor shall have full charge and control of the Chief of
Police and the police force, and he shall direct the time during which,
the place where and the manner in which, the Chief of Police and the
police force shall perform their duties. The Mayor may, however, delegate
to the Chief of Police or other officers supervision over subordinate
officers in the manner of performing their duties. The Mayor may appoint
special policemen during an emergency in which the safety and welfare
of the Borough and the public is endangered.
[Ord. 198, 3/4/1957, § 4]
The Chief of Police shall, under and subject to the provisions
of this Part and the laws of the commonwealth applicable thereto,
have the command, control, charge, management and supervision of the
police force of the Borough including special officers, and shall
assign various police officers to their respective duties and instruct
them relative thereto. He shall see that all state laws and all local
ordinances and all regulations relating to public safety are properly
enforced within the Borough of Liberty; make investigations of crimes
and other offenses committed within the Borough and render evidence
to state and county police officers. He shall be responsible for the
protection of life, limb and property in the Borough and for the preservation
of peace and good order and for the discipline, good conduct and efficiency
of the police force. He shall make or cause to be made all information
before the Mayor, or other proper magistrate of the Borough, shall
be responsible to Council for all equipment and other property of
the Police Department belonging to the Borough, shall supervise the
Borough lock-up and/or other police quarters and see that the same
are kept neat, clean and in good order and condition and in the form
and manner prescribed by Council, shall make and preserve accurate
records and reports of all police work and make monthly reports to
the Borough Council at each regular meeting of the police activities
for the preceding month.
[Ord. 198, 3/4/1957, § 5]
The Lieutenant shall act as Chief of Police in the absence of the Chief of Police and shall perform all the duties required of the Chief of Police as set forth in § 1-404 and shall perform ordinary police duties and such other duties as may be prescribed by law or as the Mayor may require of him. He shall serve as such officer until his successor is appointed and qualified.
[Ord. 198, 3/4/1957, § 7; as amended by Ord. 210,
7/1/1957, § 1]
1.
The Patrolman shall promptly, diligently and courteously carry out the several duties assigned to him by the Chief of Police and, in the absence of or in the case of the failure of the Chief of Police to act, the several duties assigned to him by the Mayor; and further, under the supervision and direction of the Mayor, Chief of Police, and/or the Lieutenant, is hereby empowered to carry out and perform all of the duties imposed upon the Chief of Police under § 1-404 and the Lieutenant under § 1-405 of this Part. He shall serve as such officer until his successor is appointed and qualified.
2.
Extra Patrolmen. All members in good standing in the Liberty Borough
Auxiliary Police, and so certified to be members in good standing
by the President of the Liberty Borough Auxiliary Police, shall serve
as extra Patrolmen and shall assist Patrolmen in traffic control and
regular police work; such extra Patrolmen shall only carry out the
several duties assigned them by the Mayor and while on assignment
shall be under the supervision and direction of only the Mayor; however,
should the Mayor deem it expedient or necessary he may delegate direct
supervision over assigned extra Patrolmen to the Chief of Police and/or
the Lieutenant. All extra Patrolmen shall be paid compensation at
the rate of $1 per year and shall serve as such officers until his/their
successor/successors is/are appointed and qualified.
[Ord. 198, 3/4/1957, § 8]
Special School Police shall control and direct traffic at schools
and shall perform such other duties as may be prescribed by law or
the Council from time to time. They shall be under the direct supervision
of the Mayor and/or Chief of Police. They shall serve at the pleasure
of Council.
[Ord. 198, 3/4/1957, § 9]
1.
Borough Policemen, who shall be ex-officio constables of the Borough,
shall and may, without warrant and upon view, arrest and commit for
hearing any and all persons guilty of breach of the peace, vagrancy,
riotous or disorderly conduct, drunkenness, or any person who may
be engaged in the commission of any unlawful act tending to imperil
the personal security or endanger the property of the citizens, or
for violating any ordinance of the Borough for the violation of which
a fine or penalty is imposed, notwithstanding any statute pertaining
to the same or similar offenses.
2.
Borough Policemen shall have authority to serve and execute all criminal
process for the violation of Borough ordinances which may be issued
by the Mayor and shall charge the same fees and costs as constables
of the Borough, but such fees and costs shall be collected by the
Mayor and by him paid into the Borough treasury.
[Ord. 2008-04, 11/19/2008, § 1]
1.
The Borough of Liberty, Allegheny County, Pennsylvania, hereby promulgates
the following guidelines to be followed by Borough Police Officers
when making a warrantless arrest under § 8902 of Title 42
of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902:
A.
Prior to making a warrantless arrest under § 8902 of Title
42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902,
the officer shall ensure that the following requirements set forth
in the Statute are satisfied:
(1)
The officer has probable cause to believe that one of the four
listed offenses under § 8902 of Title 42 of the Pennsylvania
Consolidated Statutes, 42 Pa.C.S.A. § 8902, particularly
identified as 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); and 18 Pa.C.S.A. § 6308 (relating
to purchase, consumption, possession or transportation of liquor or
malt or brewed beverages), is involved.
(2)
The defendant's conduct is ongoing.
(3)
The conduct constituting the offense is within the officer's
view.
(4)
The conduct imperils the personal security of any person or
endangers public or private property.
B.
After making a warrantless arrest pursuant to § 8902 of
Title 42 of the Pennsylvania Consolidated Statutes, 42 Pa.C.S.A. § 8902,
the officer shall follow Rule 71 procedures for arrest without warrant
as set forth in the Pennsylvania Rules of Criminal Procedure.
