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. ยง 101 et seq.), including specifically provisions
of ยงย 1005(1) and ยงย 1104 (8 Pa.C.S.A. ยง 1005
and ยงย ยง 1104), ยงยงย 1121 through 1127
(8 Pa.C.S.A. ยงยง 1121 through 1127), ยงย 1171 through
ยงย 1195 (8 Pa.C.S.A. ยงยง 1170 through 1194), and
ยงยงย 1202(35) and (74) [8 Pa.C.S.A. ยง1202(35) and
(74)], and also ยงย 1 through ยงย 7 of Act of January
14, 1952, P.L. (1951) 2016, as amended (53 P.S. ยงยงย 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]
A.ย
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.ย
The word "shall" is always mandatory and not merely directory.
C.ย
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.ย
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.
ยง 101 et seq.) and other effective Borough Ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.ย
AGENCY
AUXILIARY POLICEMEN
BOARD
BOROUGH
BOROUGH COUNCIL
CHIEF OF POLICE
COMMISSION
COUNCIL
DEPARTMENT
MAYOR
POLICE CHIEF
POLICE FORCE
POLICEMAN
REGULAR POLICEMAN
SCHOOL DISTRICT
SCHOOL POLICE
SECRETARY or TREASURER
Throughout this chapter, the following words and phrases shall have
the specific definitions provided:
The Educational Service Agency for the Borough of Pine Grove
as created and provided for in the Pine Grove Educational Service
Agency Ordinance.[1]
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 ยงย 1202(35)
and ยงย 1122 of the Borough Code, as amended [8 Pa.C.S.A.
ยงยง 1202(35) and 1124, respectively].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Police Board for the Borough of Pine Grove established
by this chapter.
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 ยงย 1202(35)
and ยงย 1122 of the Borough Code, as amended [8 Pa.C.S.A.
ยงย 1202(35) and ยงย 1122, respectively].
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
The Pine Grove Civil Service Commission established by this
chapter.
The Borough Council for the Borough of Pine Grove, County
of Schuylkill, in the Commonwealth of Pennsylvania.
The Police Department for the Borough of Pine Grove established
by this chapter.
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.
The Chief of Police for the Borough of Pine Grove.
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.
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.
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.
The Pine Grove Area School District in the County of Schuylkill
and the Commonwealth of Pennsylvania.
Such crossing guards or special school police acting under
the Educational Service Agency while acting in such capacity.
The appropriate Borough Officer; or when both offices are
held by the same person, the Secretary-Treasurer for the Borough of
Pine Grove.
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.