[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 4-27-1999
by Ord. No. 5-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 38.
A.
Pursuant to the Borough Code, Act of February 1, 1966,
P.L. 1656, 53 Pa. C.S.A. §§ 46202(35) and 56554, as amended,
the Borough of Kutztown may agree with the authorities of an adjacent township
for the furnishing to such township of police protection.
B.
The Borough of Kutztown owns certain borough properties
located within the corporate boundaries of the Township of Maxatawny.
C.
Said Borough Code authorizes a borough to conduct certain
law enforcement activities on property owned by such borough but located outside
of its corporate boundaries.
D.
The Borough of Kutztown is willing to provide twenty-four-hour
police protection to those borough properties located within the corporate
boundaries of the Township of Maxatawny.
E.
Pursuant to the Borough Code, Act of February 1, 1966,
P.L. 1656, 53 Pa. C.S.A. §§ 46202(35) and 56554, as amended,
and the Intergovernmental Cooperation Act of December 19, 1996, P.L. 1158,
53 Pa. C.S.A. § 2301 et seq., the governing body of the Borough
of Kutztown is willing to provide police protection to those borough properties
located within the Township of Maxatawny, and the Township of Maxatawny is
willing to delegate its police function, power and responsibility for those
borough properties located within the Township of Maxatawny to the Borough
of Kutztown for the duration of the agreement between said municipalities.
The Borough of Kutztown, through its Police Department, shall provide
to the Township of Maxatawny, throughout the geographic boundaries of those
borough owned properties located within the township, police protection for
its residents and properties, upon the terms and conditions and for the period
or periods of time set forth in an agreement between the governing bodies
of said municipalities.
The governing body of the Borough of Kutztown be and hereby is authorized
to enter into and execute such agreement, filed in the office of the Manager
of the Borough of Kutztown, setting forth the terms and conditions for the
providing of police protection by the Borough of Kutztown as hereinbefore
set forth.
The municipal boundaries for the borough owned properties within the
township are eliminated for the sole purpose of providing police service,
thereby permitting a single police department, namely the Borough of Kutztown
Police Department; its police officers and said Police Department shall have
and exercise full police powers within said borough properties located within
the township.
Either the Borough of Kutztown or the Township of Maxatawny may withdraw
from and terminate the agreement aforementioned, upon written notice to the
other, under the terms and conditions set forth in said agreement relating
to the termination.
The proper officials of the Borough of Kutztown are hereby authorized
and empowered to take such additional action as they may deem necessary or
appropriate to implement this chapter.
A.
The provisions of this chapter shall be severable, and
if any provisions shall be held to be unconstitutional or illegal, such decision
shall not affect the validity of any remaining provisions of this chapter.
It is hereby declared that it is the legislative intent that this chapter
would have been adopted had such unconstitutional or illegal provision not
been included.
B.
All ordinances or parts of ordinances inconsistent with
the provisions of this chapter be and the same are hereby repealed.
