[HISTORY: Adopted by the City Council of the City of New Kensington 5-12-1998 by Ord. No. 1-98. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 60.
Loitering — See Ch. 132.
Nuisances — See Ch. 138.
The purpose of this chapter is to establish guidelines and procedures for police officers to follow in arrest without a warrant for summary violations in accordance with 42 Pa.C.S.A. § 8902.
A New Kensington police officer shall, upon view, have the right to arrest without a warrant, upon probable cause, a person engaged in ongoing conduct that threatens the personal security of any person or endangers public or private property.
Authority to make an arrest in summary cases is pursuant to 42 Pa.C.S.A. § 8902, as amended, effective January 17, 1996, and shall apply to the following offenses under Title 18 of the Commonwealth of Pennsylvania Consolidated Statutes:
A. 
Section 5503, disorderly conduct.
B. 
Section 5505, public drunkenness.
C. 
Section 5507, obstructing highways and other public passages.
D. 
Section 6308, purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
A. 
An 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, part of which provides as follows:
(1) 
When a defendant has been arrested without a warrant, the defendant shall be either released from custody pursuant to Paragraph (b) of said Rule 71 or taken before the proper issuing authority under Paragraph (c) of Rule 71.
(2) 
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:
(a) 
The defendant is a resident of the commonwealth.
(b) 
The defendant poses no threat of immediate physical harm to any other person or to himself/herself.
(c) 
The arresting officer has reasonable grounds to believe the defendant will appear as required.
(d) 
The defendant does not demand to be taken before an issuing authority.
B. 
A citation shall be issued to the defendant at the time of release, and thereafter the case shall proceed in accordance with Rules 55 through 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 Paragraph (b) of Rule 71, 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 a later date and have fixed for trial; or
(2) 
The defendant's criminal record must be ascertained before trial 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 a later date and have fixed for trial, which shall be after the issuing authority's receipt of the required information.
D. 
If the defendant is a juvenile, officers shall notify the parent(s) or guardian(s) immediately and shall follow the procedures set forth in the New Kensington Juvenile Manual.