Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-1993 by Ord. No. 266-93]

§ A480-1 Purpose. [1]

Whereas, Easttown Township, in accordance with the provisions of the Intergovernmental Cooperation Act (the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended) and the provisions of the Municipal Police Jurisdiction Act (the Act of June 15, 1982, P.L. 512, No. 141, § 4 et seq., 42 Pa.C.S.A. § 8951 et seq., as amended), desires to facilitate enforcement of controlled substances laws, it hereby enacts an ordinance allowing for the formation and implementation of an agreement to be signed by Easttown Township, and other municipalities in Chester County, Pennsylvania, providing for intermunicipal police cooperation in the enforcement of the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-101 et seq., as amended) and related criminal statutes, as well as an agreement to be signed by Easttown Township, the office of the Attorney General of the Commonwealth of Pennsylvania, the Chester County District Attorney's office and other municipalities by which these entities shall cooperate and prevent regional illegal activities related to controlled substances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ A480-2 Municipal police cooperative agreement authorized.

A. 
In accordance with the provisions of the Intergovernmental Cooperation Act (the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended), Easttown Township is hereby authorized to enter into a municipal police cooperative agreement ("MPCA") with other municipalities in Chester County, Pennsylvania, which will allow, inter alia, part-time and full-time police officers of each signatory municipality to pursue their official police duties within the territorial boundaries of all participating municipalities, subject to the terms and procedures of the MPCA.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Conditions of the MPCA shall conform substantially to those contained within the draft of the MPCA currently on file in the Township office.
C. 
After execution of the MPCA by the Township, either the original or a duplicate copy of the executed MPCA shall be kept on file in the Township office. As additional municipalities enter into or withdraw from the MPCA, the documents pertaining to these revisions shall be kept together on file in the Township office.

§ A480-3 Duration of MPCA.

The duration of the MPCA, and the Township's participation therein, shall be without specific term, but shall continue indefinitely, subject to the Township's unqualified right to withdraw from the MPCA at any time following seven days' written notice to all participating municipalities of the Township's intention to withdraw.

§ A480-4 Purposes and objectives of MPCA.

The purposes and objectives of the MPCA include, but are not limited to:
A. 
Improving law enforcement in Chester County, Pennsylvania, especially in Easttown Township, and other signatory municipalities to the MPCA by granting police officers of participating municipalities authority to exercise their official duties outside their primary territorial boundaries and within those of the signatory municipalities;
B. 
Enhancing the coordination of controlled substance investigations in Chester County, Pennsylvania, and reducing legal issues associated with jurisdictional or municipal boundaries;
C. 
Providing mutual police aid across jurisdictional lines to enable police to more effectively enforce the provisions of the controlled substance statutes, thereby enhancing the safety and welfare of persons in Easttown Township and in the other signatory municipalities; and
D. 
Specifying the powers and scope of authority delegated by each participating municipality and describing that Easttown Township shall delegate no greater power and authority than it receives or permanently delegate any power or authority.

§ A480-5 Financing of MPCA.

Each signatory municipality shall be responsible for all expenses incurred by reason of actions taken by its police pursuant to the MPCA, no other financing being necessary or required to effectuate its purpose.

§ A480-6 Organizational structure of MPCA; use of property.

No additional formal organizational structure or entity is necessary to implement the provisions of the MPCA, nor will any property, real or personal, be acquired, managed or disposed of in order to effectuate the purposes contained in the MPCA. Each participating municipality shall be represented on a Joint Police Advisory Board, but this Board will not be an entity empowered to enter into group insurance or employee benefit contracts.

§ A480-7 Municipal Drug Task Force agreement.

A. 
In accordance with the provisions of the Intergovernmental Cooperation Act (the Act of December 19, 1996, No. 177, 53 Pa.C.S.A. § 2301 et seq., as amended) and the provisions of the Municipal Police Jurisdiction Act (the Act of June 15, 1982, P.L. 512, No. 141, § 4 et seq., 42 Pa.C.S.A. § 8951 et seq., as amended), Easttown Township is hereby authorized to enter into a Municipal Drug Task Force agreement ("MDTFA") with the office of the Attorney General of the Commonwealth of Pennsylvania ("OAG"), the Chester County District Attorney's office, and the signatory municipalities to the MPCA, by and through which these entities shall coordinate investigations, prosecutions, arrests, searches and other activities necessary to enforce the controlled substance and related criminal statutes within Chester County, Pennsylvania.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
This aid and assistance offered by Easttown Township to the OAG is in response to the request for aid and assistance made by the OAG to all municipal police departments as described in the MDTFA and as provided in the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953(a)(3). As such, Easttown Township and its police officers shall be afforded all rights, benefits and immunities described in the Municipal Police Jurisdiction Act, 42 Pa.C.S.A § 8953(d), when any Township police officer acts within the scope of the MDTFA.
C. 
Easttown Township shall utilize the services of both full-time and part-time officers of its Police Department under the conditions contained in the MDTFA, which shall conform substantially to the draft MDTFA currently on file in the Township office.
D. 
After execution of the MDTFA by the Township, either the original or a duplicate copy of the executed MDTFA shall be kept on file at all times in the Township office. As additional municipalities enter into or withdraw from the MDTFA, the documents pertaining to these revisions shall be kept together on file at all times in the Township office.
E. 
Pursuant to the MDTFA, Easttown Township shall establish appropriate procedures to comply with the MDTFA and relevant regulations as may be issued from time to time by the OAG and the Chester County District Attorney's office.

§ A480-8 Duration of MDTFA.

A. 
The duration of the MDTFA and the Township's participation therein shall be without specific term, but shall continue indefinitely, subject to the Township's unqualified right to withdraw from the MDTFA at any time following 30 days' written notice to all participating entities of the Township's intention to withdraw.
B. 
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.

§ A480-9 Purposes and objectives of MDTFA.

A. 
The purpose and objectives of the MDTFA include, but are not limited to, regional coordination of police activities in order to facilitate the enforcement of criminal statutes pertaining to illegal possession, use, manufacture, sale and distribution of controlled substances.
B. 
The MDTFA shall specify the powers and scope of authority delegated by each participating entity, but in no event shall Easttown Township delegate greater power and authority than it receives or permanently delegate any power or authority.

§ A480-10 Financing of MDTFA.

The MDTFA shall be financed solely by funds supplied by the office of the Attorney General of the Commonwealth of Pennsylvania. The OAG shall agree to reimburse Easttown Township for any overtime incurred by its police in the performance of Task Force duties.

§ A480-11 Organizational structure of MDTFA.

Any organizational structure required to implement the provisions of the MDTFA shall be jointly agreed to and established by the participating entities, but any such structure shall not be an entity empowered to enter into group insurance or employee benefit contracts.

§ A480-12 Use of property by 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, the Controlled Substance Forfeitures Act, and any relevant directives and procedures issued by the OAG and the Chester County District Attorney's office.

§ A480-13 Amendments.

The Board of Supervisors hereby ordains that it may execute such amendments to the MPCA and MDTFA as may be necessary from time to time to carry out the purposes of this ordinance and the agreements adopted pursuant hereto.

§ A480-14 Repealer.

All existing ordinances of Easttown Township, or parts thereof, inconsistent with this ordinance, or any part hereof, are hereby repealed.

§ A480-15 Severability.

If any section or provision of this ordinance is declared by any court of competent jurisdiction to be invalid or unconstitutional for any reason, such decision shall not effect the validity or constitutionality of this ordinance as a whole nor the validity or constitutionality of any other section or provision of this ordinance other than that or those declared to be invalid.
[Adopted 8-16-2004 by Ord. No. 354-04]

§ A480-16 Authorization.

The Chairman of the Board of Supervisors of Easttown Township (the "Township") is hereby authorized to enter into an intergovernmental cooperation agreement with the Borough of Malvern and East Whiteland Township to form an Intergovernmental Board of Appeals pursuant to the terms and conditions authorized by this ordinance and set forth in the agreement, a copy of which is attached hereto as Exhibit A[1] and is incorporated herein by reference. Furthermore, the appropriate officers of the Township are hereby authorized to do whatever is necessary and appropriate to carry out the provisions of the agreement and this ordinance and to comply with the purposes and intent of the agreement and this ordinance.
[1]
Editor's Note: Exhibit A is on file in the Township offices.

§ A480-17 Conditions of agreement.

The agreement is conditioned upon each member's governing body enacting an ordinance which authorizes such member to participate in the Board of Appeals and to execute the agreement.

§ A480-18 Duration and term of agreement.

The Board of Appeals shall be created for, and the agreement shall have, an initial term of five years, which term shall commence on the effective date of the agreement (as defined in Paragraph 17 of the agreement). At the expiration of the initial five-year term, the agreement and the Board of Appeals shall automatically renew for successive one-year terms unless a majority of the members vote to terminate the agreement.

§ A480-19 Severability.

If any sentence, clause, section, or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

§ A480-20 When effective.

This ordinance shall become effective upon enactment as by law provided.