This chapter shall be known as and may be cited as the "Pine Grove Police Department Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The intent of this chapter is to exercise the authority to establish a police department and a police board, and also the authority and requirements to establish a police civil service commission as granted and prescribed by the General Assembly of the Commonwealth of Pennsylvania Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.), including specifically provisions of § 1005(1) and § 1104 (8 Pa.C.S.A. § 1005 and § § 1104), §§ 1121 through 1127 (8 Pa.C.S.A. §§ 1121 through 1127), § 1171 through § 1195 (8 Pa.C.S.A. §§ 1170 through 1194), and §§ 1202(35) and (74) [8 Pa.C.S.A. §1202(35) and (74)], and also § 1 through § 7 of Act of January 14, 1952, P.L. (1951) 2016, as amended (53 P.S. §§ 731 through 736), in an effort to provide for the appointment of policemen and for their supervisors and proper management within the Borough and to provide for the maintenance of peace, safety and welfare of the Borough.
This chapter shall apply uniformly within the Borough of Pine Grove to all persons, including Borough officers, officials, and employees in their official capacity, and including specifically all policemen as herein defined; except, it shall not apply to a person employed by the Educational Service Agency within the Borough or to that Agency when action is under and within the scope of Ordinance No. 250, enacted January 8, 1981 (Pine Grove Educational Service Agency Ordinance).[1]
[1]
Editor's Note: See Ch. 16, Educational Service Agency.
A. 
Unless specifically defined, words or phrases used herein shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application consistent with the intent and applicability herein expressed.
B. 
The word "shall" is always mandatory and not merely directory.
C. 
Words used in the present tense include the future and past, words in the plural number include the singular, words in the singular number include words in the plural, and words either in the feminine, masculine, or neuter shall include words of the other two genders; except where the context dictates that only the stated tense, number or gender should apply.
D. 
Except as specifically provided words and phrases herein shall have the definitions provided and determined in and under the Act of April 18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. § 101 et seq.) and other effective Borough Ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Throughout this chapter, the following words and phrases shall have the specific definitions provided:
AGENCY
The Educational Service Agency for the Borough of Pine Grove as created and provided for in the Pine Grove Educational Service Agency Ordinance.[1]
AUXILIARY POLICEMEN
Any Borough of Pine Grove auxiliary policeman, part-time policeman, or extra policeman, who serves from time to time on an hourly or daily basis, but not those excluded from the definition of policeman below; and, also an auxiliary or regular policeman from another municipality while serving within the Borough of Pine Grove under an agreement for mutual police assistance or other contract under § 1202(35) and § 1122 of the Borough Code, as amended [8 Pa.C.S.A. §§ 1202(35) and 1124, respectively].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BOARD
The Police Board for the Borough of Pine Grove established by this chapter.
BOROUGH
The Borough of Pine Grove, County of Schuylkill in the Commonwealth of Pennsylvania, all lands owned by said Borough or over which it exercises control, and, in appropriate cases as circumstances shall indicate, any other municipality in which a policeman of the Borough of Pine Grove may properly be acting under a contract under § 1202(35) and § 1122 of the Borough Code, as amended [8 Pa.C.S.A. § 1202(35) and § 1122, respectively].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BOROUGH COUNCIL
The Borough of Pine Grove, a Pennsylvania municipal corporation, acting by and through its Council or, in appropriate cases as circumstances shall indicate, the Borough's agents, representatives, officers, officials, or employees including specifically the Police Board and Police Civil Service Commission established by this chapter.
CHIEF OF POLICE
The Police Chief for the Borough of Pine Grove; except, where the context clearly indicates a reference to the Chief of Police of another municipality.
COMMISSION
The Pine Grove Civil Service Commission established by this chapter.
COUNCIL
The Borough Council for the Borough of Pine Grove, County of Schuylkill, in the Commonwealth of Pennsylvania.
DEPARTMENT
The Police Department for the Borough of Pine Grove established by this chapter.
MAYOR
The Mayor of the Borough of Pine Grove; except, where the context clearly indicates a reference to the Mayor or chief executive officer, of another municipality.
POLICE CHIEF
The Chief of Police for the Borough of Pine Grove.
POLICE FORCE
The Police Chief, regular policemen, and auxiliary policemen for the Borough of Pine Grove who regularly, or from time to time on a part-time basis, serve as policemen within the Borough.
POLICEMAN
A regular policeman, including the Chief of Police, or an auxiliary policeman; except special police appointed by the Mayor to act only in emergencies, fire police appointed by a fire department and approved by the Mayor to act only in fire or other emergencies, persons appointed by the Mayor solely for parking meter enforcement duties, persons appointed for nonenforcement special duties in the police department such as a police Clerk, and special school police crossing guards acting under the Educational Service Agency while acting in such capacity.
REGULAR POLICEMAN
A full-time policeman who has as his primary employment service in the police department for the Borough of Pine Grove; except, where the context clearly indicates a reference to a full time policeman of another municipality.
SCHOOL DISTRICT
The Pine Grove Area School District in the County of Schuylkill and the Commonwealth of Pennsylvania.
SCHOOL POLICE
Such crossing guards or special school police acting under the Educational Service Agency while acting in such capacity.
SECRETARY or TREASURER
The appropriate Borough Officer; or when both offices are held by the same person, the Secretary-Treasurer for the Borough of Pine Grove.
[1]
Editor's Note: See Ch. 16, Educational Service Agency.
The provision of Ordinance No. 240, enacted July 5, 1979 (Pine Grove Police Pension Ordinance), Ordinance No. 250, enacted January 8, 1981 (Pine Grove Educational Service Agency Ordinance)[1] and all applicable provisions of the Borough Code or any other Laws of the Commonwealth of Pennsylvania including any amendments thereto shall apply within the Borough of Pine Grove; except, the specific provision of this chapter shall be read to expand and clarify those provisions, as appropriate. All provisions herein are to be construed as consistent with the provision of the aforementioned ordinances and laws and as applicable as expanding, clarifying, and augmenting such provisions.
[1]
Editor's Note: See Ch. 16, Educational Service Agency.