[Amended 12-6-1995 by Ord. No. 186]
A. A Police Department is hereby established in and for the Township
of Upper Makefield Township, Buck County, Pennsylvania. The Department
shall consist of such members, of such rank and at such compensation
and other emoluments of office as shall be determined, from time to
time, by resolution of the Board of Supervisors, subject to such other
ordinances of the Township and the laws of the Commonwealth of Pennsylvania
as may be applicable.
B. All members of the Police Department shall be ex officio constables
of the Township and shall have all the powers conferred upon police
officers by the Second Class Township Code and other laws of the Commonwealth of Pennsylvania.
[Added 6-19-1996 by Ord.
No. 190]
An individual shall be eligible for, but not entitled to, employment
in the Police Department only after a complete physical examination
and psychological test have produced results acceptable to the Township.
The examination and test shall be given by Township-approved physicians
and administrators, who shall submit written reports of results to
the Township.
[Added 6-19-1996 by Ord.
No. 190]
Each Police Department employee shall be hired on a one-year
trial with no promise or expectation of further employment. Each police
officer shall, within one year of his or her date of hiring, successfully
complete all required or appropriate training from state-approved
training schools and/or programs or shall have received credit for
prior training by the state. The expense for such training during
the probationary period shall be borne by the Township.
[Added 6-19-1996 by Ord.
No. 190]
Each Police Department employee shall be assigned to duty within
the limits of the required hours in a work week by the Chief of Police
in his or her sole discretion. Department employees may not switch
work or duty except with the specific consent of the Chief.
[Added 6-19-1996 by Ord.
No. 190]
Each Police Department employee shall receive the specific approval
of the Township Manager for any employment other than or in addition
to his or her employment in the Department.
[Added 6-19-1996 by Ord.
No. 190]
A. Each Police Department employee shall be governed by and conform
to such rules and regulations as are promulgated by the Board of Supervisors
from time to time.
B. The Chief of Police shall insure the fact that all members of the
Department are familiar with and conform to such rules and regulations.
C. Any violation of such rules and regulations may result in disciplinary
action.
D. All disciplinary procedures shall conform to the provisions of the
Police Tenure Act, as amended, being Act No. 144 of 1951, as amended,
§ 1 et seq. (53 P.S. § 811 et seq.) The following
shall give rise to disciplinary action:
(1) Physical or mental disability affecting the police officer's
ability to continue in service.
(2) Neglect or violation of any official duties.
(3) Violation of any law which provides that such violation constitutes
a misdemeanor or felony.
(4) Inefficiency, neglect, intemperance, disobedience of orders or conduct
unbecoming an officer.
(5) Intoxication while on duty.
E. Penalties shall be determined by the Board of Supervisors on a case-by-case
basis, and the past record of the police officer shall be given consideration
by the Board when determining penalties.
[Added 6-19-1996 by Ord.
No. 190]
The Police Department
is hereby authorized and directed to charge a fee, to be determined
from time to time by resolution of the Board of Supervisors, for each
copy of an accident report supplied to the public. The fee shall be
deposited to the General Fund.
[Added 6-19-1996 by Ord.
No. 190]
It shall be the responsibility of all members of the Police
Department to enforce all federal, state and local laws and regulations,
unless otherwise provided by law.
[Added 4-4-1984 by Ord.
No. 105; 6-6-1990 by Ord. No. 157; 6-19-1996 by Ord. No. 190]
A. By March 31 of each year, all Upper Makefield police officers shall
be required to take and pass an annual physical examination as a condition
of their continued employment, and to submit the results of the examination,
in the form of a written report of the physician, to the Township.
The examination shall be conducted by the officer's choice of
any one of three physicians selected by Upper Makefield Township,
the names of whom shall be provided to the Upper Makefield Police
Department. The physical examination shall include, at a minimum,
a recording of all vital signs, a complete family medical history,
a vision test, a hearing test, a KEM 24 with a complete blood count,
a urinalysis, a chest X-ray and an electrocardiogram, and must certify
that the officer is fit for duty. The cost of the annual physical
examination will borne by the Township. The written medical report
shall be included in each officer's permanent personnel record.
B. The Board of Supervisors, upon the recommendation of the Chief of
Police, may at any time require any police officer to submit to a
physical or mental examination to be determined by the Township at
the sole cost of the Township. The purpose of the examination shall
be to determine if the police officer is fit for duty.
C. If any police officer is found not to be fit for duty, he shall immediately
be suspended without pay until he is found to be fit for duty, or
he shall be discharged, depending on his physical or mental condition.
D. The refusal to take an examination, whether an annual examination
or a special examination requested by the Board of Supervisors, shall
result in a ten-day suspension without pay. If after the ten-day suspension
the officer does not submit to the requested examination within 10
additional days, he shall be discharged from the police force.
[Added 10-15-1997 by Ord.
No. 200]
A. In addition to the powers provided by 53 P.S. § 66905 (regarding
powers of police officers), and by 42 Pa. C.S.A. § 6324(3)
(regarding taking a juvenile into custody), police officers of Upper
Makefield Township 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 public or private
property for the following offenses:
(1) 18 Pa.C.S.A. § 5503 (Disorderly Conduct).
(2) 18 Pa.C.S.A. § 5505 (Public Drunkenness).
(3) 18 Pa.C.S.A. § 5507 (Obstructing Highways).
(4) 18 Pa.C.S.A. § 6308 (Underage Drinking).
B. When a defendant has been arrested without a warrant for a summary
offense, police officers shall comply with the requirements of Pennsylvania
Rule of Criminal Procedure 71, entitled "Procedure Following Arrest
Without Warrant," or any subsequent procedure for same promulgated
in the future.