[Adopted 10-4-1993 by Ord. No. 93-9]
[Amended 8-6-2001 by Ord.
No. 2001-5]
Westtown Township, in accordance with the provisions
of the Intergovernmental Cooperation Act (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, and it hereby
enacts an ordinance allowing for the formation and implementation
of an agreement to be signed by Westtown 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[1] and related criminal statutes, as well as an agreement
to be signed by Westtown 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: See 35 P.S. § 780-101
et seq.
A.
In accordance with the provisions of the Intergovernmental
Cooperation Act (53 Pa.C.S.A. § 2301 et seq.), Westtown
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.
[Amended 8-6-2001 by Ord.
No. 2001-5]
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.
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 withdrawal
from the MPCA at any time following seven days' written notice to
all participating municipalities of the township's intention to withdraw.
The purposes and objectives of the MPCA include,
but are not limited to:
A.
Improving law enforcement in Chester County, Pennsylvania,
especially in Westtown 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 Westtown Township and in the other signatory
municipalities; and
D.
Specifying the powers and scope of authority delegated
by each participating municipality, and describing that Westtown Township
shall delegate no greater power and authority than it receives or
permanently delegate any power or authority.
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.
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.
A.
In accordance with the provisions of the Intergovernmental
Cooperation Act (53 Pa.C.S.A. § 2301 et seq.) 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), Westtown 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.
[Amended 8-6-2001 by Ord.
No. 2001-5]
B.
This aid and assistance offered by Westtown 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, Westtown 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.
Westtown 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, Westtown 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.
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 withdrawal from the
MDTFA at any time following 30 days' written notice to all participating
entities of the township's intention to withdrawal.
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.
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 Westtown
Township delegate greater power and authority than it receives or
permanently delegate any power or authority.
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 Westtown Township
for any overtime incurred by its police in the performance of Task
Force duties.
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.
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,[1] and any relevant directives and procedures issued by the
OAG and the Chester County District Attorney's office.
[1]
Editor's Note: See 42 Pa.C.S.A. § 6801
et seq.
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 article and the
agreements adopted pursuant hereto.
