[Ord. 289, 3/8/2005, § 1]
This Part is adopted in conformance with and pursuant to authority
granted by Sections 1006(3), 1127(b) and 1202(74) of the Borough Code
[53 P.S. §§ 46006(3), 46127(b), and 46202(74)], as
amended.
[Ord. 289, 3/8/2005, § 2]
This Part is adopted to promote and protect the health, safety,
and welfare of the residents of Middelburg Borough by allowing the
School Board of the Midd-West School District to hire and supervise
school crossing guards within Middleburg Borough and providing for
training and assistance for such guards by the Middleburg Police Department.
[Ord. 289, 3/8/2005, § 3]
The following words used in this Part shall have, unless the
context clearly indicates otherwise, the meanings given to them in
this section:
The Borough of Middleburg, Snyder County, Pennsylvania.
The duly elected Council of the Borough of Middelburg, Snyder
County, Pennsylvania.
The duly appointed Chief of Police of the Borough of Middleburg,
Snyder County, Pennsylvania.
The duly elected Mayor of the Borough of Middleburg, Snyder
County, Pennsylvania.
A natural person.
The Police Department of the Borough of Middleburg, Snyder
County, Pennsylvania.
The duly adopted resolution of the Midd-West School Board
requesting the Borough Council for the authority to assume the hiring
and oversight of school crossing guards.
The duly elected Board of the Midd-West School District of
Snyder County, Pennsylvania.
The Midd-West School District of Snyder County, Pennsylvania.
Person hired to control and direct pedestrian and vehicular
traffic at or near schools.
[Ord. 289, 3/8/2005, § 4]
Pursuant to a duly adopted Resolution of the School Board, the
Borough Council hereby allows the School Board to hire and oversee
such school crossing guards as the School Board deems appropriate
and necessary. The school crossing guards shall be authorized only
in the management of traffic and pedestrians in and around areas within
the Borough specifically identified in writing by the Police Department
and the School District Superintendent, or his or her designees.
[Ord. 289, 3/8/2005, § 5]
The school district shall be responsible for and shall pay the
cost of compensation, including fixing such compensation, if any,
of the school crossing guards. The school district shall oversee the
hiring, scheduling, training, performance, discipline, and termination
of the school crossing guards and shall pay all costs associated therewith,
except that the Borough shall pay the wages and benefits of its personnel
for the training of the school crossing guards.
[Ord. 289, 3/8/2005, § 6]
At the written request of the school district, the Police Department
shall provide such training as the Chief of Police shall deem necessary
so that the school crossing guards are made aware of the rules of
the road and traffic regulations promulgated by the Pennsylvania Department
of Transportation and the laws of the Commonwealth of Pennsylvania
for controlling and directing both pedestrian and vehicular traffic
in and around the schools within the Borough. The Police Department
shall establish training materials and criteria for the school crossing
guards and shall offer training sessions for them at such times as
the Chief of Police shall schedule. At least 30 days prior to the
opening of the schools each Fall, the school district shall notify
the Borough Council and the Police Department in writing of the names
and addresses of the school crossing guards and request the necessary
training and assistance that will be necessary over the coming school
year. At least 30 days prior to the start of the school year in the
Fall of each year, the school district shall request in writing the
specific assistance it shall need from the Borough for its school
crossing guards for the coming year and the Borough Council shall
respond to such request within a reasonable time thereafter. Throughout
the school year, the school district shall provide the Police Department
and Borough Council with any and all changes in the school crossing
guards and of the necessity for additional training and assistance.
[Ord. 289, 3/8/2005, § 7]
The school crossing guards shall not be, nor shall they be deemed
to be, employees, servants, officers, agents or representatives of
the Borough, Borough Council or the Police Department. The Mayor shall
have no jurisdiction over the school crossing guards. The school crossing
guards shall not come within the civil service provisions of the Pennsylvania
Borough Code, nor shall they fall under the collective bargaining
unit of the school district nor be considered to be an employee as
defined under the Public School Code of 1949 or a school employee
as defined under 24 Pa.C.S.A. § 8102 (relating to definitions)
or any plans hereafter effective.
