Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 6-16-1959 by Ord. No. 59-9 (Ch. 1, Part 6A, §§ 601-613, of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Pension plan — See Ch. 36.
Police Advisory Board — See Ch. 44.

§ 46-1 Establishment.

[Amended 6-28-2010 by Ord. No. 2010-3]
There is hereby established a Police Department of the Borough of Lewistown under authority of the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.

§ 46-2 Effective date; withdrawal from regional police department.

[Added 6-28-2010 by Ord. No. 2010-3]
Effective date of establishment of Borough of Lewistown Police Department and withdrawal from the Mifflin County Regional Police Department. From the effective date of this section until the end of the day of December 31, 2010, it is the intention of the Borough of Lewistown and of this section that the Mifflin County Regional Police Department will continue to provide police services as contractually agreed in the June 30, 1993 "Intermunicipal Agreement Establishing the Mifflin County Regional Police Department and Governing the Operation, Management, and Administration of the Regional Police Department," as amended. It is intended that the Police Department of the Borough of Lewistown will begin providing police services for the Borough of Lewistown on January 1, 2011. Nonetheless, anything in this section to the contrary notwithstanding, from the effective date of this section until the end of the day of December 31, 2010, the Police Department of the Borough of Lewistown shall exist in parallel with and have the same functions, powers, responsibilities and immunities as were granted by said intermunicipal agreement to the Mifflin County Regional Police Department and its Board of Directors.

§ 46-3 Composition of Police Department.

[Added 6-28-2010 by Ord. No. 2010-3]
The Police Department shall consist of a Chief of Police and such other officers as may be provided for by Borough Council.

§ 46-4 Appointments.

[Added 6-28-2010 by Ord. No. 2010-3[1]]
Subject to the civil service provisions of Chapter 11 of the Borough Code (8 Pa.C.S.A. § 1101 et seq.), as amended, Borough Council may appoint or designate the Chief of Police and make other appointments to or promotions within the Department, and may remove, suspend or reduce in rank members of the Police Department. All such members shall be citizens of the Commonwealth of Pennsylvania.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 46-5 Compensation.

[Added 6-28-2010 by Ord. No. 2010-3]
Borough Council shall fix the amount of compensation to be received by the Chief of Police and all other members of the Police Department.

§ 46-6 Supervision and control.

[Added 6-28-2010 by Ord. No. 2010-3]
The Mayor shall be in full charge and control of the Chief of Police and of the Police Department. The Mayor shall direct the time during which and the place and manner in which the Chief of Police and the Police Department perform their duties.

§ 46-7 Chief of Police.

[Added 6-28-2010 by Ord. No. 2010-3]
The Chief of Police shall be the chief administrative officer of the Police Department. The Chief of Police shall, under the direction of the Mayor, be in full and complete charge of the Police Department and have supervision over its members in the exercise of their powers, duties and authority. The Chief of Police shall keep such records and make such reports concerning the activity of the Police Department as may be required by statute or ordinance or by the Mayor and Borough Council.

§ 46-8 Establishment of auxiliary police force.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
A. 
Pursuant to the authority granted Council by the Act of January 14, 1952, P.L. (1951) 2016 (53 P.S. § 731 et seq.), there is hereby established an auxiliary police force for the Borough of Lewistown, which shall consist of such persons: 1) who have satisfied the eligibility requirements of § 46-9; 2) who have satisfactorily completed a course of training prescribed by the Chief of Police; 3) who have been nominated for the positions of auxiliary policemen by the Chief of Police; and 4) who, before they enter upon their duties, have been confirmed by the Mayor and have taken the oath of office prescribed by § 46-9 before the Mayor.
B. 
Auxiliary policemen shall serve at the pleasure of the Chief of Police and may be dismissed by the Chief of Police as auxiliary policemen at any time. After dismissal, an auxiliary policeman shall no longer have the powers or duties of an auxiliary policeman.
C. 
Auxiliary policemen shall not receive any compensation for their services, except in such cases as are authorized or approved by Council.

§ 46-9 Eligibility and oath of office.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
A. 
No person shall be nominated by the Chief of Police or confirmed or sworn by the Mayor as an auxiliary policeman:
(1) 
Who is not a resident of the Borough and a citizen of the United States;
(2) 
Who advocates or has advocated a change by force or violence in the constitutional form of government of the United States or of the Commonwealth of Pennsylvania or the overthrow of any government in the United States by force or violence; or
(3) 
Who has been convicted of or is under indictment or information charging any subversive act against the United States or a felony.
B. 
Each person who is confirmed by the Mayor as an auxiliary policeman shall, before entering upon his duties, take the written oath of office prescribed by the Act referred to in § 46-8. The oath shall be taken before the Mayor and, after it has been executed, shall be filed with the Borough Secretary.

§ 46-10 Calling to active duty.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
If during any period of distress, disaster or emergency which does not involve labor disturbances the Mayor determines that the number of available personnel in the Police Department is inadequate to handle or cope with the condition, the Mayor shall have the power to call the auxiliary police to active duty. The length of time during which the auxiliary police shall serve shall be left to the judgment of the Mayor.

§ 46-11 Powers of auxiliary policemen.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
A. 
Auxiliary policemen, when on active duty, shall have the same powers as regular policemen in the Police Department of the Borough and, when on active duty, shall perform such duties as shall be assigned to them by the Chief of Police or the Mayor.
B. 
Auxiliary policemen on active duty in a municipality other than the Borough of Lewistown shall have the same powers in such municipality as regular police officers of that municipality.
C. 
The powers herein conferred upon auxiliary policemen shall be exercised by them only after they report for active duty and until they are relieved from active duty.

§ 46-12 Auxiliary policemen and police pension fund or workers' compensation benefits.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
A. 
Auxiliary policemen shall not be entitled to any benefit under the Police Pension Fund established by the Borough.
B. 
Auxiliary policemen shall be entitled to receive such workers' compensation benefits as, under the provisions of the Pennsylvania Workers' Compensation Act,[1] are provided for auxiliary policemen for injuries sustained while they are on active duty and actually engaged as policemen, or while going to or returning from their place of duty, or while participating in instruction.
[1]
Editor's Note: See 77 P.S. § 1 et seq.

§ 46-13 Civil service provisions.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
The civil service provisions of the Borough Code shall not apply to auxiliary policemen.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1101 et seq.

§ 46-14 Roster of auxiliary police.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
Each February the Chief of Police and the Mayor shall furnish Council with a roster showing the names, ages, addresses and occupations of all the auxiliary policemen. The roster shall thereafter be maintained in the office of the Borough Secretary and in the office of the Chief of Police. The Mayor and the Chief of Police shall from time to time inform Council of any additions to or deletions from the roster.

§ 46-15 Rules and regulations for auxiliary police force.

[Added 4-19-1972 by Ord. No. 72-8; amended 3-24-1986 by Ord. No. 86-2]
The Chief of Police and the Mayor are authorized to make rules and regulations governing the operation of the auxiliary police force.

§ 46-16 Authority and power to exonerate persons from paying certain traffic and parking fines.

[Added 4-11-1983 by Res. No. 83-12; amended 3-24-1986 by Ord. No. 86-2]
A. 
Pursuant to § 1006(4) of the Borough Code (which authorizes the Borough Council to delegate a routine administrative power),[1] the Borough Council hereby delegates to the Chief of Police, to any patrol or shift sergeant of the Police Department, and to any on-duty radio operator in the Police Department who has been trained by the Chief of Police in investigating requests for exoneration and deciding such requests, the authority and power [under §§ 1005(2) and 1202(3) of the Borough Code[2]]:
(1) 
To exonerate a person who has violated § 233-26A, Trucks prohibited on certain streets, of Chapter 233, Article III, from the payment of the penalty cost;
[Amended 12-8-2014 by Ord. No. 2014-15]
(2) 
To exonerate a person who has violated a provision of Chapter 233, Article IV, General Parking Regulations, from the payment of the penalty cost (prescribed by § 233-40C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-40E;
(3) 
To exonerate a person who has violated § 233-44, 233-45 or 233-46 of Chapter 233, Article V, On-Street Metered Parking, from the payment of the penalty cost (prescribed by § 233-48C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-48E;
(4) 
To exonerate a person who has violated § 233-55, 233-56, 233-57 or 233-58 of Chapter 233, Article VI, Metered Parking Lots, from the payment of the penalty cost (prescribed by § 233-60C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-60E; and
(5) 
To exonerate a person who has violated § 233-65, 233-66 or 233-67 of Chapter 233, Article VII, Unmetered Parking Lots, from payment of the penalty cost (prescribed by § 233-69C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-69E.
(6) 
To exonerate a person who has violated § 233-82, 233-83 or 233-84 of Chapter 233, Article X, Rec Center Park Parking Lot, from payment of the penalty cost (prescribed by § 233-86C as the amount to be paid if payment is made within 24 hours after a courtesy ticket has been issued) or to exonerate that person from prosecution under § 233-86E.
[Added 6-13-2016 by Ord. No. 2016-3]
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1006(4).
[2]
Editor's Note: See now 8 Pa.C.S.A. § 101 et seq.
B. 
Weighing of circumstances.
(1) 
In making the decision whether or not to exonerate a person under Subsection A, the test to be used by the Chief of Police, a patrol or shift sergeant, or a radio operator, as the case may be, shall be whether the grant of the exoneration is the fair and reasonable thing to do under all the circumstances — taking into account on the one hand the Borough Council's interest in ensuring that the parking and traffic ordinances of the Borough are upheld and enforced and taking into account on the other hand the accidents, emergencies, broken or inoperative parking meters, and other like outside events or forces over which a driver or owner has no control.
(2) 
In weighing the circumstances, those situations or consequences which could have been avoided but for the driver's or owner's own carelessness or inattention shall be weighed against the driver or owner and, therefore, against the granting of exoneration.

§ 46-17 Police mutual aid agreement enactment.

[Added 11-13-2012 by Ord. No. 2012-9]
This section is ordained and enacted pursuant to the provisions of the Borough Code, as amended and reenacted, 8 Pa.C.S.A. § 101 et seq.; the Pennsylvania Municipal Police Jurisdiction Law, as amended, 42 Pa.C.S.A. § 8951 et seq.; and the Pennsylvania Intergovernmental Cooperation Law, as amended, 53 Pa.C.S.A. § 2301 et seq., otherwise per law.
A. 
Approval of police mutual aid agreement.
(1) 
The Borough of Lewistown hereby approves the form and content of the police mutual aid agreement by and between the County of Mifflin, the Borough of Burnham, the Borough of Juniata Terrace, the Borough of Kistler, the Borough of Lewistown, the Borough of McVeytown, the Borough of Newton Hamilton, the Township of Armagh, the Township of Bratton, the Township of Brown, the Township of Decatur, the Township of Derry, the Township of Granville, the Township of Menno, the Township of Oliver, the Township of Union, and the Township of Wayne, all of Mifflin County, Pennsylvania, political subdivisions and local government units of the Commonwealth of Pennsylvania, which is proposed to be made and executed by the said county and municipalities (collectively, the "parties" to the agreement).
(2) 
The police mutual aid agreement is incorporated in and made a part hereof and shall be substantially in the form attached hereto, and incorporated herein as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Borough offices.
B. 
Summary of police mutual aid agreement. As required by § 2307 (53 Pa.C.S.A. § 2307) of the said Pennsylvania Intergovernmental Cooperation law, as amended, the summary and substance of the agreement is as follows:
(1) 
The parties agree to participate in the following programs (hereinafter collectively referred to as the "programs"):
(a) 
Mifflin County Drug Task Force;
(b) 
Mifflin County DUI Task Force, both DUI checkpoints and roving DUI patrols;
(c) 
Cops in Shops; and
(d) 
PALS, Police and Probation Patrols.
(2) 
All boundaries of the parties (the municipalities and the county) shall remain in full force and effect with the understanding that police officers of the municipalities and county detectives (hereinafter collectively referred to as "officers") shall have all of the powers and authorities conferred by law upon the police officers of the municipality or county in which they may be acting in accordance with the Pennsylvania Municipal Police Jurisdiction Law, as amended, 42 Pa.C.S.A. § 8951 et seq.
(3) 
Parties participating in a regional police department shall provide officers as each authorize for participation in the programs.
(4) 
Officers participating in the programs and all parties utilizing the services of officers from other parties shall conduct such programs in accordance with operational briefings.
(5) 
Officers assigned by the parties to the programs shall be and remain employees of the respective municipalities or of the county and not employees, agents or servants of any other parties.
(6) 
Each party shall be responsible for carrying public liability insurance and property damage insurance for claims which may arise from an act, omission or neglect of its officers, regardless of the territorial limits within which the officers are operating.
(7) 
The parties shall each be responsible for paying claims, the costs of defense of claims, or judgments entered on claims which may arise from any act or omission or neglect of its officers. Each party waives any and all claims against all of the other parties hereto which may arise out of its officers' activities while participating in the programs or rendering services under this agreement.
(8) 
Services performed and the expenditures made under this agreement shall be deemed for public and governmental services, and all immunities from liability enjoyed by a participating party within its boundaries shall extend to its participation in services performed outside of its boundaries.
(9) 
In the event that participation in any of the programs shall result in a third-party claim, suit or loss, the parties whose officers participated in said operation shall indemnify and hold harmless the remaining parties from such claim, suit or loss as it relates to the activities of such party.
(10) 
Public liability insurance for both bodily injury and property damage liability covering the vehicles of their officers while on duty in the territorial limits of any of the parties shall be obtained by the parties owning such vehicles.
(11) 
All overtime performed by officers participating in the programs shall be approved by the appropriate program coordinator and reimbursed to the parties by the appropriate grant administrator. No payments shall be made directly to officers participating in the programs.
(12) 
A party enters the police mutual aid agreement by the passage of an ordinance by its governing body.
(13) 
Withdrawal from the police mutual aid agreement shall be effective upon adoption of an ordinance by a party's governing body and written notice to the other parties.
(14) 
It is not the intent hereof to create a separate legal entity.
(15) 
The agreement is as otherwise adopted by ordinance.
C. 
Execution of police mutual aid agreement. The President of Borough Council or, in his or her absence, the Vice President of Borough Council, together with the Borough Secretary, are hereby authorized and directed to execute and attest the agreement and counterparts thereof on behalf of the Borough of Lewistown. This authority and direction to execute the agreement shall be authorized and carried out even if changes are made after the enactment of this section and amendment to the Code of Ordinances of the Borough of Lewistown, provided that the agreement is substantially in the form approved hereby and that such changes are editorial in nature and do not affect the meaning, intent, substance or effect of the agreement as approved by this section and amendment to the Code of Ordinances of the Borough of Lewistown.