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Chapter 220
POLICE SERVICES
[HISTORY: Adopted by the Board of Commissioners of the Township of Ridley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Response to false alarms -- See Ch. 66.
Disorderly conduct -- See Ch. 113.
Hazardous materials cleanup fees -- See Ch. 151.
Ticket lines for special events -- See Ch. 176, Art. II.
Teen entertainment clubs -- See Ch. 176, Art. III.
Parades and processions -- See Ch. 199.
Picketing -- See Ch. 213.
Shows and special events -- See Ch. 245.
ARTICLE I
Business and Industry License
[Adopted 3-19-1975 as Ch. 105 of the 1975 Code]
§ 220-1. License required.
A license is hereby required from the operators of all supermarkets, shopping centers, drive-in moving-picture establishments, publicly operated swimming pools and other places of business and industry.
§ 220-2. Basis for fee. [Amended 5-18-1983 by Ord. No. 1553]
The fee for said license shall be based upon a reasonable estimate of the number of policemen which, in the opinion of the Police Committee of the Township of Ridley, are necessary to protect the public safety at, near or on the licensed premises, at the rate of $15 per man hour.
§ 220-3. License term; renewal.
The license so issued shall be for a period of 30 days and shall be renewable upon application to the Township Secretary and upon payment of the license fee for the license for the ensuing thirty-day period.
§ 220-4. Survey; notice to comply.
The Police Committee of the Township of Ridley shall make a survey in order to determine the reasonable estimate of the number of policemen necessary to protect the public at, near or on any supermarket, shopping center, drive-in moving-picture establishment, publicly operated swimming pool and other place of business and industry, and the Township Secretary shall immediately notify such private business enterprise of the requirement to obtain such license and the cost thereof.
§ 220-5. Time limit for obtaining license.
No person, firm or corporation shall operate any supermarket, shopping center, drive-in moving-picture establishment, publicly operated swimming pool or other place of business and industry, after having received the notice set forth in § 220-4 of this article, without having obtained a license so to do within 24 hours after such notice.
§ 220-6. Stationing of policemen.
No police officer of the Township of Ridley shall station himself, in uniform, at, by or near any supermarket, shopping center, drive-in moving-picture establishment, publicly operated swimming pool or other place of business and industry unless he shall be directed so to do by the Captain of Police.
§ 220-7. Record of assignments; payment for services.
The Captain of Police shall keep and maintain a record of his assignments of police officers to such licensed premises and shall certify the same to the Police Committee at least once monthly, and upon approval of such certification by the Police Committee, an order shall be issued to the Township Treasurer to pay the said police officers from the license fee so collected.
ARTICLE II
Recovery of Costs
[Adopted 7-26-1995 by Ord. No. 1740]
§ 220-8. Purpose; intent.
The Board of Commissioners of the Township of Ridley finds and determines:
- That certain private properties require a disproportionate amount of police service, with many calls requiring response to maintain order and public peace and to stop public disturbances. These excess calls result in less police personnel and resources available for other locations, emergencies and duties in the Township, and extraordinary police service at such properties puts a disproportionate and unfair burden upon the citizens and taxpayers of the Township.
- That owners and/or rental agents in charge of private properties requiring excessive police attention derive a benefit from such police service.
- That owners and/or rental agents in charge of such private properties have a responsibility to manage their properties to minimize required police service to maintain order and public peace, and to thus minimize the burden upon citizens and taxpayers of the Township and to promote the health, safety and welfare of the public in general.
- That owners and/or rental agents in charge of such private properties can minimize required police service to maintain order, public peace and to stop public disturbances by diligent and strict management and regulation of their properties.
- That assessment of costs as provided in this article is reasonable and will have a deterrent effect and encourage more responsible management of such properties. It is not the intent of this article to discourage or suppress requests for police service, but rather to encourage and stimulate diligent and strict management and regulation of private property by owners and/or rental agents in charge.
§ 220-9. Definitions.
As used in this article, the following terms shall have the meanings indicated:
OWNER -- A person, persons, corporation or other entity who is (are) the comprising record owner or owners of any land or building.
POLICE SERVICE COST -- An amount fixed by the Township Commissioners to cover estimated compensation of officers for amount of time normally spent in responding to a call or otherwise maintaining order and public peace, appropriate administrative costs, medical treatment to injured officers and the cost of repairing damaged Township equipment or property. This amount shall be fixed from time to time by resolution and shall be based upon an average cost for a typical police response.
PRIVATE PROPERTY -- Any land or building, including single and multifamily dwellings and commercial and industrial buildings, not owned by a public entity.
PUBLIC DISTURBANCES -- Any party, gathering, event or disturbance involving disorderly conduct as described by the Pennsylvania Statutes.
PUBLIC ENTITY -- Any Federal, State or Local Government or School District or agency or authority created and organized thereby.
§ 220-10. Payment of costs; excluded responses.
Every owner of and/or rental agent with responsibility to manage private property within the Township is required to pay police service costs to maintain order and public peace at such private property for each response by the police in excess of one response per thirty-day period. Such amount shall be fixed by resolution of the Board of Commissioners. Provided, however, that police service in connection with crimes against residents and/or property by nonresidents, invited guests or otherwise lawful occupants of the private property shall not be considered responses for purposes of this article. Provided further, the police service in connection with spousal abuse or abuse of children by parents, or service in connection with crimes classified as misdemeanors or felonies under the Pennsylvania Crimes Code shall not be considered responses for purposes of this article.
§ 220-11. Notice to owner and/or rental agent.
The Captain of Police or other duly authorized agent of the Township shall notify the owner of and/or rental agent with responsibility to manage private property that a response has been made to such property to maintain order or public peace. Such notice shall be given by regular mail to the last known address of such owner and/or rental agent. Provided, however, that an owner and/or rental agent with responsibility to manage private property shall be required to pay these service costs in accordance with § 220-10 of this article whether or not such a notice has been given.
§ 220-12. Billing.
Police service costs due in accordance with § 220-10 hereof shall be billed to the owner and/or rental agent with responsibility to manage private property by the Township Secretary or her duly authorized agent and shall be due and payable within 30 days of such billing.
§ 220-13. Failure to pay.
Unpaid police service costs may be collected by civil action by the Township against the owner and/or rental agent with responsibility to manage private property and/or may be imposed or assessed such private property as a municipal claim under the Act of May 16, 1923, P.L. 207, as amended (53 P.S. § 7101). In either event, a penalty of 10% and interest at the rate of 10% per annum shall be added and collected as provided by law.
Chapter 59
POLICE DEPARTMENT
[HISTORY: Adopted by the Board of Commissioners of the Township of York: Art. I, 12-31-1992 as Ch. 1, Part II, of the 1992 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Police Pension Plan -- See Ch. 50, Art. I.
Police Pension Advisory Board -- See Ch. 61.
ARTICLE I
Additional Police Service
[Adopted 12-31-1992 as Ch. 1, Part II,
of the 1992 Code of Ordinances]
§ 59-1. Request for additional police service.
Any person or entity conducting any function within the township which requires police service in addition to the police service which would be supplied except for the function may request that additional police service be provided by the township for the person or entity's function. The Township Chief of Police may order such additional police service, if any, as the Chief in his discretion may deem appropriate. The person or entity conducting the function shall be responsible for the cost of the additional service.
§ 59-2. Cost of additional service.
The cost of additional service shall be considered the sums paid to such additional personnel, including the cost of overtime pay and all fringe benefits, the cost associated with any motor vehicles used in supplying the service, and all incidental costs associated with supplying the service stated in § 59-1.
§ 59-3. Estimate of cost; payment.
A reasonable estimate of such sums shall be calculated by the Police Department and collected prior to supplying such services. After the event is concluded, the township shall promptly refund any amounts collected in excess of the actual sums expended or send a bill for any deficiencies to the person or entity conducting the function. Payment for the bill shall be due 30 days from its date. Delivery may be accomplished by depositing the bill in the mail, first class with postage prepaid, addressed to the person or entity conducting the function. If unpaid, the bill may be collected by judicial process in the same manner as other debts.
Chapter 69
POLICE DEPARTMENT
ARTICLE VI
Employment by Outside Entities
[Adopted 3-18-1996 as Ord. No. 96-7]
§ 69-21. Policy established.
There is hereby created a procedure for the employment of police officers by outside entities.
§ 69-22. Statutory authority; contract.
The Attorney General of the State of New Jersey and the Division of Local Government Services have determined that members of a municipal Police Department may, during their off-duty hours, engage in police related activities for private persons or entities. Pursuant to the laws of the State of New Jersey, a municipality must agree to implement a system whereby the off-duty availability of police officers is arranged through a contract directly with the municipality and the private person or entity.
§ 69-23. Compensation policy; trust fund.
The contracting between the township and the private person or entity shall include a plan whereby the compensation for off-duty police related services is channeled through the office of the Township Treasurer and said compensation is placed in a special trust fund to be established by the township for that purpose, and that the proceeds of said fund will be disbursed through the office of the Township Treasurer to the individual officers performing such services.
§ 69-24. Assignments.
The Director of Police/Acting Police Chief shall be responsible for the assignment of all extra-duty police related activities and the billing of all compensation due the township. The Director shall be authorized to designate other members of the Police Department as needed to assist him in the assignment of extra-duty police related activities. The specific procedure for assignment shall be in accordance with the collective negotiated agreement between the township and Policeman's Benevolent Association, Local No. 160.
§ 69-25. Contract with private entities; information required.
Any private person or entity desiring to retain the services of police officers of the Township of North Brunswick for extra-duty work shall be required to enter into a contract with the Township of North Brunswick. Said contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services to the officers, administrative fees to the township and fees, if any, for the use of township-owned equipment. The contract may also provide for deposits in advance by the contractor for services to be performed. The Director of Police/Acting Police Chief is hereby empowered to execute a contract for extra-duty police related activities on behalf of the Township of North Brunswick in accordance with this chapter.
§ 69-26. Payment for extra-duty assignments.
All private persons or entities shall be required to make all payments for extra-duty assignments payable to the Township of North Brunswick to the Treasurer of the Township of North Brunswick. The Treasurer shall deposit the moneys collected from said private persons or entities for payment of the extra-duty officers into a special trust fund. All members of the Police Department shall be paid for services performed on the regular pay date, upon submission of a pay slip approved by the Director of Police/Acting Police Chief or his designee and properly authorized by the private person or entity. The hourly rate for police officers shall be set by the Policeman's Benevolent Association, Local No. 160, as submitted to the Business Administrator.
§ 69-27. Administrative fee. [Amended 11-15-1999 by Ord. No. 99-27]
- An administrative fee of 11.5% of the hourly rate shall be added and remitted to the Township of North Brunswick to cover the additional cost of both time and materials expended in the administration of payment to police officers for extra duty assignments. Use of a police car shall be charged at $4 per hour and remitted to the township with all other charges.
- The North Brunswick Policeman's Benevolent Association (PBA) will negotiate the rate of pay for each off-duty contract with the vendor and will certify the rate to the Chief Financial Officer. The administrative charge will be in addition to the negotiated rate. All off-duty contracts negotiated by the North Brunswick PBA will be submitted to the Township Council of the Township of North Brunswick for review prior to execution between the North Brunswick PBA and the vendor. The PBA designee will perform administrative duties, including receiving off-duty assignments from vendors, posting and filling assignments, billing vendors and collecting from vendors and bringing deposits to the financial office.
§ 69-28. Insurance.
Each private person or entity who shall employ extra-duty officers pursuant to this chapter shall be responsible for maintaining his or her own insurance coverage. Said insurance coverage shall include, but not be limited to, general liability and automobile. Proof of said insurance coverage shall be provided to the Township of North Brunswick prior to the assignment of any officer(s) to said private person or entity.
§ 69-29. Emergencies; termination of assignments; payment due.
The Director of Police/Acting Police Chief or his designee shall have the authority to order any police officer engaged in extra-duty assignments within the Township of North Brunswick to respond to an emergency situation within the Township of North Brunswick. The Director of Police/Acting Police Chief or his designee shall also have the right to order any extra-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the police officer and/or the residents of the Township of North Brunswick. In any situation where the officer is called to an emergency situation, the Director of Police/Acting Police Chief or his designee shall make note of said emergency situation, as well as the time said officer was removed from said assignment. In any situation where an extra-duty officer is called to an emergency situation, said private person or entity shall not be responsible for the payment of the officer's hourly rate or administrative fees until such time as said police officer returns to the assignment with the extra-duty employer.
§ 69-30. Indemnification.
Any private person or entity requesting the services of extra-duty police officers shall indemnify the Township of North Brunswick for any and all damages which may arise from the officers' employment by said private person or entity.
Chapter 93
POLICE DEPARTMENT
§ 93-15. Employment of off-duty police officers. [Added 5-10-1990 by Ord. No. 17-90]
- Any person or entity desiring to retain the services of police officers of the Township of Lacey for off-duty police-related activities shall be required to enter into a contract with the Township of Lacey. Said contract shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Township of Lacey and fees for the use of township-owned equipment. Except in the case of public or quasi-public agencies, the Chief of Police shall require the payment of 100% of the estimated amount due the township for the assignment of such off-duty officer or officers from the person or entity requesting such assignment, in advance of providing such officer or officers. The Chief of Police is hereby empowered to execute a contract for off-duty police-related activities on behalf of the township in accordance with this Article.
- The Chief of Police shall be responsible for the assignment of all off-duty police-related activities and the billing of all compensation due the township. The Chief of Police shall be authorized to designate other members of the Police Department as needed to assist him in the assignment of off-duty police-related activities.
- All persons or entities shall be required to make all payments for off-duty assignments payable to the Township of Lacey to the Chief Financial Officer of the Township of Lacey. The rate of payment for the officers shall be established by multiplying the actual hourly compensation payable by the township to such officer or officers as a result of such assignment by the number of hours or fractions thereof actually worked or to be worked by such officer or officers. Such sum shall then be multiplied by 1.33 so as to arrive at the total of the rate of payment for the officers due to the township for such off-duty assignment.
- Each person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his, hers or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Township of Lacey as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Township of Lacey prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment. [Amended 6-14-1990; 7-11-1996 by Ord. No. 96-36]
- The Chief of Police or his or her designee shall have the authority to order any police officer engaged in off-duty assignments within the Township of Lacey to respond to an emergency situation within the Township of Lacey. The Chief of Police or his or her designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Township of Lacey. In the event that a police officer is assigned to an emergency situation, the Police Chief or his or her designee shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Township of Lacey until such time as said police officer and/or equipment returns to the assignment with the off-duty employer. [Amended 7-11-1996 by Ord. No. 96-36]
- Any person or entity requesting the services of off-duty police officers shall agree to indemnify and hold harmless the Township of Lacey for any and all claims and damages which may arise from the off-duty police officer's employment by said person or entity. [Amended 6-14-1990]
Chapter 87
POLICE DEPARTMENT
§ 87-9. Off-duty employment. [Added 12-22-1994 by Ord. No. MC-3059]
- Definitions. As used in this section the following terms shall have the meanings indicated:
EMPLOYMENT -- The provision of a service, whether or not in exchange for a fee or other service. "Employment" does not include volunteer charity work.
EXTRA-DUTY EMPLOYMENT -- Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee.
REGULAR OFF-DUTY EMPLOYMENT -- Any employment that will not require the use or potential use of law enforcement powers by the off-duty employee.
- Procedures. There are two types of off-duty employment in which an employee may engage:
(1) Regular off-duty employment. Employees may engage in off-duty employment that meets the following criteria:
(a) Employment of a nonpolice nature in which vested police powers are not a condition of employment, the work provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty.
(b) Employment that presents no potential conflict of interest between their duties as a police officer and their duties for their secondary employer. Some examples of employment representing a conflict of interest are:
[1] As a process server, repossessor or bill collector, towing of vehicles, or any other employment in which police authority might tend to be used to collect money or merchandise for private purposes.
[2] Personnel investigations for the private sector or any employment which might require the police officer to have access to police information, files, records or services as a condition of employment.
[3] In police uniform in the performance of tasks other than that of a police nature.
[4] Which assists (in any manner) the case preparation for the defense in any criminal or civil action or proceeding.
[5] For a business or labor group that is on strike.
[6] In occupations that are regulated by or that must be licensed through the Police Department or its civilian board.
(c) Employment that does not constitute a threat to the status or dignity of the police as a professional occupation. Examples of employment presenting a threat to the status or dignity of the police profession are:
[1] Establishments which sell pornographic books, magazines, sexual devices or videos or that otherwise provide entertainment or services of a sexual nature.
[2] Any employment involving the sale, manufacture or transport of alcoholic beverages as the principal business.
[3] Any gambling establishment not exempted by law.
(2) Extra-duty employment. Police officers may engage in extra-duty employment as follows:
(a) Where a government, profit-making or not-for-profit entity has a contract agreement with the City of Camden for police officers in uniform who are able to exercise their police duties.
(b) Types of extra-duty services which may be considered for contracting are:
[1] Traffic control and pedestrian safety.
[2] Crowd control.
[3] Security and protection of life and property.
[4] Routine law enforcement for public authorities.
[5] Plainclothes assignments.
(3) Limitations on regular off-duty employment and extra-duty employment are as follows:
(a) In order to be eligible for off-duty employment, a police employee must be in good standing with the Department. Continued departmental approval of a police employee's off-duty employment is contingent on such good standing.
(b) Those officers who have not completed their probationary period, or who are on medical or other leave due to sickness, temporary disability or an on-duty injury, suspended for disciplinary reasons or leave of absence except for approved administrative leave, shall not be eligible to engage in regular or extra-duty employment.
(c) Prior to obtaining off-duty employment, a police employee shall comply with departmental procedures for granting approval of such employment or registration for extra-duty employment.
(d) A police officer may work a maximum of 36 hours of off-duty regular or extra-duty employment or a total of 76 hours in combination with regular duty in each calendar week.
(e) Work hours for all off-duty employment must be scheduled in a manner that does not conflict or interfere with the police employee's performance of duty.
(f) A police officer engaged in any off-duty employment is subject to call-out in case of emergency and may be expected to leave his off-duty or extra-duty employment in such situations.
(g) Permission for a police employee to engage in outside employment may be revoked where it is determined pursuant to departmental procedure that such outside employment is not in the best interests of the Department.
- All persons wishing to utilize extra-duty City of Camden police officers as security guards must enter into a contract with the city covering the terms of the employment. The contract shall be on a form prepared and approved by the City Attorney and shall include the following:
(1) A flat hourly rate to be paid by the party seeking services.
(2) The method and means for dealing with liability issues and insurance and worker's compensation.
(3) A provision that establishes that the city cannot guarantee the availability of officers or the services of any particular officer for security guard assignments.
- The initial flat hourly rate shall be $25 consisting of a twenty-dollar compensation for services and a five-dollar administrative charge to compensate the city for the costs incurred by it in maintaining and administering this program. The Chief of Police may increase or decrease the hourly rate to reflect changing conditions or costs of administering this program. Notice of the flat hourly rate and any regulation issued by the Chief of Police changing thereto shall be filed in the office of the City Clerk.
- The Chief of Police shall make rules and regulations concerning the operation of the program. When formulating these rules and regulations, the Chief shall consider the following:
(1) The effect of hours worked on outside employment on the fitness of the Department as a whole.
(2) The fair distribution of the opportunities available among the members of the Department.
(3) Whether furnishing security services to a particular person or entity would impair the Department's law enforcement efforts or create an adverse public perception of the propriety of these activities.
(4) Whether such employment would create a conflict of interest on the part of the officer or the Department or the appearance of a conflict of interest.
(5) The need for supervision of the members of the Department so employed.
- No person shall solicit for the employment of the City of Camden police officers as security guards within the city. With the exception of the persons assigned by the Business Administrator, the City Attorney or the Chief of Police to the program, no person shall negotiate any contract or agreement concerning the employment of members of the City of Camden Police Department within the city. Any person violating this section shall be subject to a fine not exceeding $1,000, six months imprisonment or 90 days community service.
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