Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver 9-5-1989 as Part 10, Ch. 2, Art. A, of the 1989 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 85.
Nuisances — See Ch. 124.
Parades and assemblies — See Ch. 133.
[Amended 4-23-2000 by Ord. No. 421]
A Police Department is established in the Township. The Chief of Police shall be the chief executive of the Police Department and shall, under the direction of the Township Manager or, if that position is vacant, the Chairman of the Public Safety Committee of the Board of Commissioners, be in charge of the police force and shall have supervision of its members in the exercise of their powers, duties and authority. The Chief of Police shall be subject to twenty-four-hour call.
The Board of Commissioners shall determine the following:
A. 
The person to serve as Chief of Police.
B. 
The subordinate classifications of the police officers.
C. 
The number of persons to serve in each classification.
D. 
The hours and compensation of the members of the Police Department.
A. 
The positions in the Police Department in the organizational structure shall be the Chief of Police and patrolman.
B. 
The President of the Board of Commissioners is authorized and directed to name a committee to update and amend the Township of Rostraver Department of Police Manual of Rules and Regulations for consideration by the Board of Commissioners, which shall specifically amend the duties and responsibilities of the Chief of Police and patrolmen.
A. 
Restrictions.
(1) 
No person employed full-time as a police officer for the Township of Rostraver shall have/maintain other employment during his off-duty time that conflicts with his duties as a policeman.
(2) 
No full-time police officer shall have/maintain any outside employment that requires him to work an excessive amount of time in addition to his eight-hour shift for the Township of Rostraver.
(3) 
No police officer shall be permitted to have any outside employment without the written approval of the Board of Commissioners.
(4) 
If written approval by the Board of Commissioners is secured for a police officer to maintain part-time outside employment, such officer shall provide written notice to the Chief of Police and the Township of Rostraver Secretary/Manager informing these persons of the name of the part-time employer, its address and telephone number, the nature of the employment and where and when said police officer can be reached when on the job.
(5) 
Under no circumstances shall a policeman work for an outside employer in the uniform furnished him by the Township of Rostraver nor shall he be permitted to use any equipment furnished him by the Township of Rostraver.
B. 
Furthermore, the above-mentioned Township of Rostraver officials shall be immediately notified if the police officer is injured while working for an outside employer.
A. 
The hiring of part-time police officers is hereby authorized and approved.
B. 
The Township shall maintain a list of six part-time officers.
C. 
The part-time officers are to be utilized as determined by the Board of Commissioners.
[Added 11-3-2004 by Ord. No. 521]
A. 
Pursuant to 42 Pa.C.S.A.  § 8902, a police officer shall, upon view, have the right of arrest without a warrant for certain summary offenses, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property, provided such arrests are authorized by rules promulgated by the governmental body employing the police officer.
B. 
If a police officer of the Township of Rostraver has probable cause to believe that there is a violation of one or more 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.
C. 
These guidelines shall only apply to the following summary offenses, pursuant to Title 18 Pa.C.S.A.:
(1) 
Section 5503, Disorderly conduct.
(2) 
Section 5505, Public drunkenness.
(3) 
Section 5507, Obstructing highways and other public passages.
(4) 
Section 6308, Purchase, consumption, possession or transportation of liquor or malt or brewed beverages.
D. 
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 paragraph b. or taken before the proper issuing authority under paragraph 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 Rule 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 paragraph 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 trial as specifically required by statute for purposes of grading the offenses charged, in which event the defendant shall be given the opportunity to deposit collateral for appearance on the new date and hour fixed for the trial, which shall be after the issuing authority’s receipt of the required information.
E. 
Intent of Commissioners.
(1) 
The Commissioners recognize that Rule 71 and Section 8902 may be amended from time to time. It is the intention of the Commissioners that the police officers follow the terms of the rule or statute that is currently in effect as of the date of the arrest, whether or not these guidelines have formerly been amended to comply with any rule or statute changes.
(2) 
It is not the intention of the Commissioners to modify, restrict or otherwise prohibit a police officer of the Township of Rostraver from making other warrantless arrests for summary offenses where such arrests have been expressly authorized by any other rule or statute.