[Ord. 2300, passed 8-31-1998; Ord. 2442, passed 6-20-2005]
The Department of Public Safety shall provide the Municipality with services of police protection, emergency medical care, crisis intervention, school crossing guards, fire prevention and suppression, and emergency management.
[Ord. 2300, passed 8-31-1998; Ord. 2376, passed 7-10-2002; Ord. 2442, passed 6-20-2005]
(a) 
Department Head. The Department of Public Safety shall be headed by the Director of Public Safety, who shall be responsible to the Manager. The duties of the Director of Public Safety shall be prescribed by the Manager.
(b) 
Chain of Command. Every patrol officer shall report to his or her Sergeant. Every Sergeant shall report to his or her Lieutenant. All Lieutenants shall report to the Assistant Chief of Police. The Assistant Chief of Police shall report to the Chief of Police. The Chief of Police, if not serving simultaneously as the Director, shall report to the Director of Public Safety.
(c) 
Civil Service Rules and Regulations. All police officers within the Police Department, including the Chief of Police, shall be subject to the Penn Hills Civil Service Rules and Regulations as enforced by the Penn Hills Personnel Board.
[Ord. 2300, passed 8-31-1998; Ord. 2376, passed 7-10-2002; Ord. 2442, passed 6-20-2005]
The Director of Public Safety position may be filled by either a police officer or civilian. However, the individual selected must have extensive experience in police work, with a minimum of seven to 10 years experience at the rank of Captain or higher within a department of 50 or more officers.
[Ord. 2300, passed 8-31-1998; Ord. 2442, passed 6-20-2005]
The duties of the Department of Public Safety shall be to:
(a) 
Prevent crimes against persons and property;
(b) 
Enforce all criminal laws and ordinances;
(c) 
Detect and apprehend offenders and suspected persons;
(d) 
Maintain records and files of crimes and criminals;
(e) 
Operate facilities for the safekeeping of prisoners;
(f) 
Develop and conduct community relations and education programs;
(g) 
Operate and maintain the police radio and other Municipal radio and emergency communication systems as may be assigned to the Department by the Manager;
(h) 
Maintain records and logs relating to radio and emergency communications systems as are required by law;
(i) 
Plan and develop programs for the improvement of all divisions of the department, including, police, EMS, school guards, fire prevention, fire suppression and emergency management; and
(j) 
Maintain lines of communication between the Department of Public Safety, Volunteer Fire Companies, municipal administration and the general public.
[Ord. 2300, passed 8-31-1998; Ord. 2376, passed 7-10-2002]
(a) 
Establishment. There is hereby established the position of Chief of Police in and for the Police Department.
(b) 
Chief as Director of Public Safety. The Chief of Police may be appointed and serve simultaneously as the Director of Public Safety, in which case the Chief/Director shall be responsible to the Manager. In the case of the Chief of Police simultaneously serving as the Director of Public Safety, he or she must meet all qualifications for the position of Director as outlined in these Codified Ordinances, in addition to those required for the position or rank of Chief.
(c) 
Qualifications. The Chief of Police shall be a non-competitive civil service position filled by a police officer and appointed by the Manager, subject to advice and approval of the Mayor and Council. However, the individual appointed must be a resident of Penn Hills, must have at least 12 years of experience in municipal police work, five years of which must have involved supervisory and minor administrative responsibility, and must have achieved the rank of Lieutenant.
(d) 
Duties. The duties of the Chief of Police shall be prescribed by the Director of Public Safety and subject to approval of the Manager. If the position of the Director of the Public Safety is vacant, or if the Chief is simultaneously serving as the Director of Public Safety, the duties of the Chief of Police shall be prescribed by the Manager. The Chief of Police shall have direct authority over all ranks other than the Director.
[Ord. 2300, passed 8-31-1998; Ord. 2376, passed 7-10-2002; Ord. 2442, passed 6-20-2005]
(a) 
Establishment. There is hereby established the position of Assistant Chief of Police.
(b) 
Qualifications. The Assistant Chief of Police must have at least five years experience as a Lieutenant within the Police Department. He or she must pass a competitive examination under the direction of the Personnel Board, which, as the result of the competitive examinations thus taken, shall certify the results thereof and its recommendations to Council.
(c) 
Duties. The Assistant Chief shall keep the Director of Public Safety and the Chief of Police informed, at all times, of any and all matters pertaining to the Police Department and police personnel, and the Assistant Chief of Police shall be responsible for and implement the policies of the Department of Public Safety, if the positions of Chief of Police and Director of Public Safety are vacant.
[Ord. 2300, passed 8-31-1998]
(a) 
There are hereby established the ranks of Sergeant and Lieutenant in the Police Department.
(b) 
The Personnel Board shall prescribe the rules and regulations for carrying into effect the provisions of this section. Before any such rules and regulations are in force, the same shall be approved by Council, and when such rules and regulations have been so approved they shall not be annulled, amended or added to without the approval of Council.
[Ord. 2300, passed 8-31-1998; Ord. 2442, passed 6-20-2005]
(a) 
There is hereby established in the Municipality an Auxiliary Police Unit.
(b) 
The Director of Public Safety or the Chief of Police may nominate persons, as Auxiliary Policemen, who have satisfactorily completed such training as he or she may prescribe. However, other eligible residents over the age of 21 years may make application to Council and if Council, by majority vote, approves such an applicant, it shall nominate him or her as an Auxiliary Policeman, subject to completing such training as the Director may prescribe, provided the applicant otherwise qualifies for appointment.
(c) 
All persons so nominated, and who have qualified, shall, before they enter upon their duties, be confirmed and sworn by the Mayor.
(d) 
Auxiliary Policemen shall serve at the pleasure of the Director of Public Safety and, in the absence of the Director of Public Safety, they shall then serve at the pleasure of the highest ranking police officer in charge.
(e) 
No person shall be nominated, affirmed or sworn as an Auxiliary Policeman who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or of this State, or the overthrow of any Government in the United States by force or violence, or who has been convicted of, or is under indictment or information charging, any subversive act against the United States, or a felony. Each person who is appointed to serve as an Auxiliary Policeman shall, before entering upon his duties, take an oath in writing before a person authorized to administer oaths in this State, which oath shall be substantially as contained and set forth in the Act of January 14, 1952, P.L. (1951) 2016, as amended.
(f) 
Auxiliary Policemen on active duty shall have the same powers as the regular police officers of the Municipality, but at all times they shall exercise these powers in the manner and method as may be assigned to them by the Director of Public Safety, or, in the absence of the Director of Public Safety, then in the manner and method assigned to them by the highest ranking police officer in charge. Auxiliary Policemen, when on active duty, shall be subject to the instruction and directives of the Director of Public Safety, or, in his or her absence, the highest ranking police officer in charge at that time, in the enforcement of the duties to which they are assigned, including the necessity or the lack of necessity of wearing side arms.
When on active duty, as set forth in this section, Auxiliary Policemen shall all hold a rank equivalent to that of regular Patrolmen. However, when regular police and Auxiliary Police are on the same assignment, the regular police shall be in charge.
Auxiliary Policemen, when on active duty in a Municipality other than the Municipality of Penn Hills, shall have the same powers in such Municipality as the regular police officers thereof.
(g) 
The powers hereinabove conferred, as well as the duties and obligations expressed herein, may be exercised by the Auxiliary Policemen only after they report for active duty, and until they are relieved from duty.
(h) 
The Mayor may call the Auxiliary Police to active duty during any period of distress, disaster or emergency, except in cases of labor disturbances. When so called to this type of duty, the Mayor shall set forth the duties and obligations of the Auxiliary Policemen, with direct reference to the matter of distress, disaster or emergency then presently existing within the Municipality, and the Auxiliary Police shall then exercise the powers and duties, including the necessity or the lack of necessity of wearing side arms, as directed by the Mayor, and these powers, duties or obligations shall be effective only after the Auxiliary Policemen report for active duty, and until they are relieved from duty.
(i) 
In the matter of emergency assignment to or from other municipalities, because of disaster, distress or emergency, the assignment of police equipment, Auxiliary Police and members of the regular Police Department shall be as set forth and defined in the Act of January 14, 1952, P.L. (1951) 2016, as amended. During such period of emergency, distress or disaster, the transferred police and equipment shall be under the jurisdiction of the Chief or Director of Public Safety of the Municipality to which they are transferred, and such transferred police shall then have the same powers as regular police officers of the Municipality to which they are transferred.
[Ord. 2300, passed 8-31-1998; Ord. 2376, passed 7-10-2002]
(a) 
The Municipality may accept applications from nonresidents thereof to become members of the Municipal Police Department, after conforming to all of the rules and regulations of the Personnel Board and as otherwise provided by law.
(b) 
All police officers, except the Director/Chief of Police and Assistant Chief of Police are permitted to reside within the Municipality or not more than five air miles from the boundaries of the Municipality of Penn Hills. The Director/Chief of Police and Assistant Chief of Police shall reside within the Municipality of Penn Hills at all times during their term of office, position or rank.
[Ord. 2300, passed 8-31-1998; Ord. 2404, passed 12-3-2003]
All member of the Municipal Police Department hired on or after August 31, 1998, regardless of rank or title, shall retire after attaining the age of 60 years. In no instance shall a member of the Municipal Police Department, regardless of rank or title, be allowed to exceed the mandatory retirement age of 60 years unless service commenced prior to August 31, 1998; provided, that any member of the Municipal Police Department hired prior to August 31, 1998, regardless of rank or title, shall be allowed to continue working as a member of the Municipal Police Department after he or she has attained the mandatory retirement age, until such time as they have completed the required 15 years of service for partial vesting.
[Ord. 2300, passed 8-31-1998; Ord. 2442, passed 6-20-2005]
(a) 
The Manager and the Director of Public Safety are hereby authorized to take all necessary and proper steps to create a Municipal Canine Corps within the Department of Public Safety.
(b) 
Such authorization is limited to using only existing manpower as of March 7, 1977.
(c) 
Such authorization is limited to expenditures solely within existing General Fund resources as approved in a budget adopted December 28, 1976, and/or allied capital items funded within the existing Capital Reserve accounts.
(d) 
Expenditures for personnel matters, supplies or capital items in excess of these current authorizations shall be held in abeyance pending adoption of, as necessary, a capital improvement budget for 1977 and/or an amendment to the 1978 General Fund operating budget.
[Ord. 2300, passed 8-31-1998]
(a) 
Pursuant to Act 108 of 1979, there is hereby established within the Department of Police, an agency to be known as the Educational Service Agency, effective January 1, 1980, for the purpose of employing Special School Police and such other employees as may be deemed appropriate by Council.
(b) 
All Special School Police are hereby transferred to the payroll of the Educational Service Agency, effective January 1, 1980, and shall be compensated from the accounts of such Agency, all in conformity with the provisions of Act 108 of 1979.
(c) 
All appropriate payroll funds, accounts and records of the Municipality shall be hereafter transferred to, and designated as, the accounts of the Educational Service Agency.
(d) 
The Director of the Department of Finance is hereby authorized to establish a new bank account for payment of all employees of the Educational Service Agency and to establish all other necessary and proper accounts to comply with Act 108 of 1979.
[Ord. 2300, passed 8-31-1998; Ord. 2442, passed 6-20-2005]
The Municipality hereby establishes an excessive force policy as follows:
(a) 
Members of the Police Department are prohibited from the use of excessive force against any individuals engaged in nonviolent civil rights demonstrations.
(b) 
Any officer who violates this section shall be subject to disciplinary action by the Director of Public Safety.
[Res. 97-001, passed 2-5-1997]
The Summary Arrest Guidelines prepared by the Police Department are hereby adopted and shall become part of the Police Guide, said Guidelines providing for warrantless arrests for certain summary offenses as permitted by 42 Pa.C.S.A. § 8902, as set forth below.
Summary Arrest Guidelines
1.
Pursuant to 42 Pa.C.S.A. § 8902, effective January 17, 1986, a police officer shall, upon view, have the right of arrest without a warrant, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property.
2.
If a police officer of the Municipality of Penn Hills has probable cause to believe that there is a violation of one of the four offenses listed below, that the Defendant's conduct is ongoing, that the conduct constituting the crime is based upon the police officer's view of the conduct, and if the conduct imperils the personal security of any person or endangers public or private property, the officer shall have the right to arrest a defendant without a warrant.
3.
These guidelines shall only apply to the following summary offenses pursuant to Title 18 Pa.C.S.A.:
§ 5503
Disorderly Conduct
§ 5505
Public Drunkenness
§ 5507
Obstructing Highways and Other Public Passages
§ 6308
Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages
4.
Any officer making an arrest under these guidelines shall also follow those procedures set forth in the Pennsylvania Rules of Criminal Procedure and in particular Rule 71, said Rule currently providing as follows:
(a)
When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Subsection (b) or taken before the proper issuing authority under Subsection (c).
(b)
When a defendant has been arrested without a warrant, the arresting officer may, when the officer deems it appropriate, promptly release the defendant from custody when the following conditions have been met:
(1)
The defendant is a resident of the Commonwealth;
(2)
The defendant poses no threat of immediate physical harm to any other person or to himself or herself;
(3)
The arresting officer has reasonable grounds to believe that the defendant will appear as required; and
(4)
The defendant does not demand to be taken before an issuing authority.
A citation shall be issued to the defendant at the time of release and thereafter the case shall proceed in accordance with Rules 55-59 as if the proceedings had been instituted by issuing a citation to the defendant.
(c)
When the defendant has not been released from custody under Subsection (b), the defendant shall be taken without unnecessary delay before the issuing authority where a citation shall be filed against the defendant. The defendant shall be given an immediate trial unless:
(1)
The Commonwealth is not ready to proceed or the defendant requests a postponement, and in either event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial; or
(2)
The defendant's criminal record must be ascertained before trail as specifically required by statute for purposes of grading the offense charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information.