[Ord. No. 2008-001, 4/9/2008]
1. The Borough hereby adopts the following guidelines that apply to
arrests made without warrants:
A. Each police officer employed by Wesleyville Borough, when making
an arrest without warrant upon probable cause for certain summary
offenses as authorized by Section 8902(a) of the Judicial Code, 42
Pa.C.S.A. § 8902(a), shall follow the procedures set forth
in Rule 441 of the Pennsylvania Rules of Criminal Procedure (relating
to arrest without warrant in summary cases), and any Wesleyville Borough
procedures now or hereafter established, relating to warrantless arrest
upon probable cause for summary offense.
B. The procedures provided in Subsection 1A hereof shall constitute
the promulgated guidelines required by Section 8902(b) of the Judicial
Code, 42 Pa.C.S.A. § 8902(b), to be followed by a police
officer employed by Wesleyville Borough in making a warrantless arrest
under Section 8902(a) of the Judicial Code, 42 Pa.C.S.A. § 8902(a).
C. The procedures referenced in Subsection 1A hereof shall include such
procedures, all amendments and supplements thereto, and any new procedures
substituted for the same, approved by Wesleyville Borough Council
and in force at the time of application under this section.
[Ord. No. 2008-001, 4/9/2008]
The provisions of this Part are severable. If any provision
or part thereof shall be held invalid, unconstitutional or inapplicable
to any person or circumstance, such invalidity, unconstitutionality
or inapplicability shall not affect or impair the remaining provisions,
or parts thereof, of this Part. It is the intent of Wesleyville Borough
Council that this Part would have been adopted had such unconstitutional,
illegal or invalid provision not be included herein.