[Adopted 8-16-1993 by Ord. No. HR-212 (Ch.
I, Art. 4, § 402, of the 1979 General Laws of the Municipality
of Tredyffrin)]
Tredyffrin Township, in accordance with the
provisions of the Intergovernmental Cooperation Act (the Act of July
12, 1972, No. 180, Section 1 et seq., 53 P.S. § 481 et seq.,
as amended) (the "ICA") and the provisions of the Municipal Police
Jurisdiction Act (the Act of June 15, 1982, P.L. 512, No. 141., Section
4 et seq., 42 Pa.C.S.A. § 8951 et seq., as amended) (the
"MPJA"), hereby enacts an ordinance implementing the provisions of
an agreement to be signed by Tredyffrin Township and one or more municipalities
in Chester County, Pennsylvania, providing for intermunicipal police
cooperation, and further implementing the provisions of a Municipal
Drug Task Force Agreement to be signed by Tredyffrin Township, the
Office of the Attorney General of the Commonwealth of Pennsylvania,
the Chester County District Attorney and other signatory municipalities
by and through which these entities shall coordinate and cooperate
to interdict the illegal use and trafficking of narcotics and other
controlled substances within the municipal boundaries of Tredyffrin
Township, as well as within the municipal boundaries of other signatory
municipalities in Chester County, Pennsylvania.
A.
In accordance with the provisions of the ICA, Tredyffrin
Township shall enter into an Intergovernmental Police Cooperation
Agreement (IPCA) with other municipalities in Chester County, Pennsylvania,
under the terms of which police officers (including both full-time
and part-time officers) of each signatory municipality will be granted
authority to officially act as police officers of other signatory
municipalities (subject to the terms of the IPCA) when performing
duties in other signatory municipalities, and also under which procedures
for the Police Department of each signatory municipality to render
aid and assistance to one another will be established.
B.
The IPCA to be signed by Tredyffrin Township and other
municipalities shall conform substantially to the draft of the IPCA
currently on file in the offices of the Township.
C.
After execution by the Township and at least one other
signatory municipality, either the original or a duplicate copy of
the executed IPCA shall be kept on file at all times in the offices
of Tredyffrin Township; as additional municipalities sign the IPCA
or withdraw from the IPCA, the original IPCA (or duplicate thereof)
to be kept on file at all times in the Township offices shall accurately
reflect all the then-current parties signatory to the IPCA.
A.
The duration of the IPCA, and the Township's participation therein, shall be indefinite, subject to the provisions of Subsection B hereof.
B.
Withdrawal from the IPCA by Tredyffrin Township shall
be effected by the Township giving seven days' written notice to all
then-participating signatory municipalities to the IPCA.
The purposes and objectives of the IPCA include,
but are not limited to:
A.
Improving law enforcement in Chester County, Pennsylvania,
especially in Tredyffrin Township and other signatory municipalities
of the IPCA by granting police officers authority to exercise official
duties in signatory municipalities, thereby alleviating problems of
arrests being determined improper or unlawful because of jurisdictional
or municipal boundary issues.
B.
Enhancing the coordination of drug investigations
in Chester County, Pennsylvania.
C.
Providing mutual police aid across jurisdictional
lines to enable police to more effectively enforce the provisions
of narcotic and controlled substance statutes, thereby preserving
the safety and welfare of persons in Tredyffrin Township and in the
other signatory municipalities.
The activities taken pursuant to the IPCA shall
be financed by funds furnished by or through the Office of the Attorney
General of the Commonwealth of Pennsylvania (OAG) and the Chester
County District Attorney.
A Joint Police Advisory Board shall oversee
the implementation of the provisions of the IPCA. No property, real
or personal, shall be acquired, managed or disposed of in order to
effectuate the purposes set forth in the IPCA. The IPCA does not authorize
the entering into of policies of insurance or employee benefits.
A.
In accordance with the provisions of the IPCA and
the provisions of the MPJA, Tredyffrin Township shall also enter into
a Municipal Drug Task Force Agreement (MDTFA) with the OAG, the Chester
County District Attorney, and other municipalities in Chester County,
Pennsylvania, by and through which these entities shall coordinate
narcotics investigations, enforce narcotics and other controlled substance
statutes and coordinate prosecutorial activities in order to interdict
illegal narcotic and controlled substance activities in Chester County,
Pennsylvania.
B.
Tredyffrin Township shall utilize the services of
both full-time and part-time officers of its Police Department under
the conditions contained in the MDTFA and in compliance with the MPJA.
C.
The MDTFA to be signed by Tredyffrin Township, the
OAG, the Chester County District Attorney and other municipalities
shall conform substantially to the draft of the MDTFA currently on
file in the offices of the Township.
D.
After execution by the Township, the OAG, the Chester
County District Attorney and at least one other municipality, either
the original or a duplicate copy of the executed MDTFA shall be kept
on file at all times in the offices of the Township; as additional
municipalities sign the MDTFA or withdraw from the MDTFA, the original
of the MDTFA (or duplicate thereof) to be kept on file at all times
in the Township offices shall accurately reflect all the then-current
parties signatory to the MDTFA.
E.
Pursuant to the MDTFA, Tredyffrin Township shall establish
appropriate procedures to comply with all relevant provisions of the
MDTFA and such regulations and directives as may be issued from time
to time by the OAG.
B.
Withdrawal from the MDTFA by Tredyffrin Township shall
be effected by the Township's giving 30 days' written notice to all
other parties to the then-current MDTFA.
C.
If the OAG terminates the existence of the Drug Task
Force created pursuant to the provisions of the MDTFA, the Township's
participation in the MDTFA shall automatically terminate without further
action of the Township Board of Supervisors, effective the date of
such termination by the OAG.
The purpose and objectives of the MDTFA include,
but are not limited to, countywide coordination of police activities
in order to enhance the combating of illegal narcotic and controlled
substance trafficking and expediting and enhancing intergovernmental
cooperative activities with signatories to the MDTFA to enhance interdiction
of illegal drug and controlled substance activities.
The MDTFA shall be financed by funds supplied
by the OAG.
Any organization structure required to implement
the provisions of the MDTFA shall be established through such directives,
procedures and guidance as may be issued by the OAG, the Chester Count
District Attorney, the Tredyffrin Township Police Department and other
Police Departments whose municipalities are signatory to the MDTFA.
The acquisition, management or disposal of any
and all property, whether real or personal, acquired or to be acquired
pursuant to the provisions of the MDTFA shall be in accordance with
the terms of the MDTFA and such directives and procedures issued by
the OAG; the MDTFA does not authorize the entering into of policies
of insurance or employee benefits.
Tredyffrin Township shall remain responsible
and maintain responsibility for the management, control and direction
of its police officers, subject to such assistance (financial or otherwise)
supplied by the OAG.
