[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester as indicated in article histories. Amendments noted where applicable.]
Article I Creation, Organization and Operation
Article II Warrantless Arrests
[Adopted 11-13-1984 by Ord. No. 11-13-84 (Ch. 16 of the 1988 Code)]
Effective January 1, 1983, the Northeastern Regional Police Department hereby is given jurisdiction and authority in and for East Manchester Township, York County, Pennsylvania, with regard to all police activities and matters concerning the police.
The Northeastern Regional Police Department shall be under the general supervision of a Joint Police Advisory Board, consisting of one citizen from any of the three municipalities, the Mayor of both boroughs, the Council President of both boroughs, the Chairman of the Health and Safety Committee of Mt. Wolf Borough, the Chairman of the Safety Committee of Manchester Borough and the three Supervisors of East Manchester Township. The aforesaid East Manchester Township officials are authorized to enter into appropriate agreements with the other borough and Township representatives to establish and amend the operating procedures for the Joint Police Advisory Board and for the Northeastern Regional Police Department, and their previous actions in so doing are hereby confirmed.
The Chief of Police shall be the chief executive officer of the Police Department. He/she shall be subject to the direction of the Joint Police Advisory Board formed as above set forth. Subject to the direction of the Joint Police Advisory Board, the Chief of Police shall be in charge of the police force and have supervision over its members in the exercise of their powers, duties and authority.
Said Joint Police Advisory Board shall have the right to establish general operating procedures and the structure of the Northeastern Regional Police Department.
Nothing herein contained shall affect the authority of the Borough of Mt. Wolf, the Borough of Manchester and East Manchester Township to appoint special policemen during emergencies.
[Adopted 3-11-1998 by Ord. No. 1998-3]
Police officers employed by the Northeastern Regional Police Department (Department) shall, upon view, have the right of arrest without warrant upon probable cause when there is ongoing conduct that imperils the personal security of any person or endangers private or public property for any of the following offenses, when such offense constitutes a summary offense pursuant to the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.:
18 Pa.C.S.A. § 5503 (relating to disorderly conduct);
18 Pa.C.S.A. § 5505 (relating to public drunkenness);
18 Pa.C.S.A. § 5507 (relating to obstructing highways and other public passages); or
18 Pa.C.S.A. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages).
Any officer effecting a warrantless arrest under this article shall identify himself as a police officer by exhibiting a recognized sign of authority, which shall consist of either an official police uniform of the Department, or an authorized official police badge and police identification.
All warrantless arrests authorized by this article shall be made in accordance with standards for other types of warrantless arrests and as set forth in any other statute or law of the Commonwealth of Pennsylvania concerning the particular conduct or offense. In the event that any statute or law of the Commonwealth provides for more stringent standards or requirements concerning such warrantless arrests, the more stringent standards or requirements shall be followed and shall be deemed to supersede the standards set forth in this article. No change in the law on warrantless arrests, either by statute or by the development of case law, shall be deemed or construed to invalidate this article. Rather, any such change in the law on warrantless arrests shall be considered to automatically amend this article by becoming the standards authorized pursuant to this section and this article.
All warrantless summary arrests authorized by this article shall be effected and consummated within and pursuant to the terms and requirements of the Department's policy and procedure number 122-98, or any subsequent amendments or additions to, or replacements of, said policy and procedure, which are in effect at the time of said arrest.