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Second Class Township Code

 

Article XIX

Township Police

 

Section 1901. Creating or Disbanding Police Force.

 

The board of supervisors may by resolution create or disband a police force within the township or, upon the petition of not less than twenty-five registered electors or taxpayers of the township, appoint police officers.

 

Section 1902. Appointment of Police.

 

The board of supervisors shall provide for the organization and supervision and determine the number and the compensation of the police officers. The position of police officer is incompatible with the office of supervisor, auditor, tax collector, assessor and manager. The chairman of the board of supervisors may swear in police officers. The board of supervisors may assign any police officer to undergo a course of training at any training school for police officers established or made available by the Federal or State Government and provide for payment of the officer's expenses while in attendance at the training school. (1902 amended Dec. 18, 1996, P.L. __, No. 172)

 

Section 1903. Contracts to Secure Police Service.

 

Any township may contract with any municipal corporation to secure the services within the township of the police of the municipal corporation. When any contract is made, the police officers of the employing municipal corporation have all the powers and authority conferred by law on police officers in the township which has contracted to secure police service.

 

Section 1904. Contract to Provide Police Service.

 

Any township may contract with any municipal corporation to provide police services within the other municipal corporation. When a contract is made, the township police have all the powers and authority conferred by law on police in the municipal corporation which has contracted to secure police service.

 

Section 1905. Powers.

 

Each township police officer has those powers and abilities as are granted to police officers under the laws of this Commonwealth or the rules of the Supreme Court or the ordinances of the township for which a fine or penalty is imposed unless otherwise excepted in this act.

 

Section 1906. Shield.

 

Each police officer when on duty shall wear a shield or badge with the words "township police" and the name of the township inscribed thereon.

 

Section 1907. Equipment.

 

The board of supervisors may provide each police officer with a uniform, equipment and means of transportation and the maintenance thereof.

 

Section 1908. Lockups.

 

The board of supervisors may provide lockup facilities.

 

Section 1909. Certain Compensation Prohibited.

 

No police officer may charge or accept any fee or other compensation in addition to the salary paid by the township for any service rendered or performed by the police officer, except public rewards.

 

Section 1910. Police Pension Fund.

 

(a) In those townships maintaining police forces of less than three full-time police officers, the board of supervisors may by ordinance or resolution establish a police pension fund or pension annuity into which each member of the police force may be required to pay a member contribution of an equal and proportionate charge which, except to the extent that Section 607(c) of the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding Standard and Recovery Act," applies, shall not exceed annually three percent of the pay of the member.

 

(b) The fund shall be under the direction of the board of supervisors for the benefit of members of the police force who receive honorable discharge there from by reason of age or disability and the families of members who may he injured or killed in the service. Any allowances made to those who are retired by reason of disability or age shall be in conformity with a uniform scale.

 

(c) The ordinance or resolution establishing the police pension fund shall prescribe a minimum period of continuous service of not less than twenty years, after which the members of the force may be retired from active duty. Township police officers so retired may be subject to service as police reserves until unfit for service by reason of age or disability, when they may be finally discharged.

 

(d) The basis of the apportionment of the pension is determined by the rate of monthly pay of the member at the date of death, honorable discharge or retirement.

 

(e) Payments made on account of police pensions are a charge on no fund of the township other than the police pension fund.

 

(f) Townships shall make contributions to the police pension fund in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan pursuant to the "Municipal Pension Plan Funding Standard and Recovery Act," and may take by gift, grant, devise or bequest any money or property in trust for the benefit of the police pension fund. The care, management, investment and disposal of trust funds or property is vested in the board of supervisors subject, whenever possible or practical, to any directions for administration which the donors of the funds and property may prescribe.

 

(g) A person participating in the police pension fund and entitled to receive a benefit there from may not be deprived of his right to an equal and proportionate share therein except for the following causes: conviction of a crime or misdemeanor or failing to comply with some general regulation relating to the management of the fund, which maybe made by ordinance or resolution and which provides that a failure to comply therewith terminates the right to participate in the pension fund after notice and hearing as it prescribes.

 

(h) Police pension funds of townships with a police force of three or more frill-time officers are governed by the act of May 29, 1956 (1955 P.L. 1804, No. 600), referred to as the Municipal Police Pension Law.

 

Section 1911. Police Protection Districts.

 

On petition of a majority of the property owners of any territory within the township, the board of supervisors may designate the territory as a district for the purpose of providing police protection. The board of supervisors may annually assess the cost of the maintenance of the police protection by an equal assessment on all property benefited by the protection in proportion to the number of feet the property fronts on the street or highway or portion thereof to be protected. The board of supervisors may provide for an equitable reduction from the frontage of lots at intersections or where, due to the irregular shape of lots, an assessment of the full frontage would be inequitable. No assessment shall be made against any farmland, but vacant lots between built-up sections, whether tilled or not tilled, are not farmland. The assessment for each foot front against vacant lots shall be only twenty-five percent of the assessment for each foot front against property with improvements. All assessments for police protection shall be filed with the township tax collector under section 330 1(a).

 

Section 1912. Removal of Police Officers.

 

No person employed as a regular full-time police officer in any police department, except officers appointed for a probationary period of one year or less, shall be suspended, removed or reduced in rank except under the act of June 15, 1951 (P.L. 586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class."

 

Section 1913. Auxiliary Police.

 

The board of supervisors may confirm persons to serve as auxiliary police officers under the act of January 14, 1952 (1951 P.L. 2016, No. 561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."

 

Section 1914. Special Fire Police.

 

The board of supervisors may confirm any members of a volunteer fire company to serve as special fire police under the act of June 18, 1941 (P.L. 137, No.74), entitled, as amended, "An act providing for the appointment, powers and control of members of volunteer fire companies as special fire police, and conferring powers on them at fires attended by their fire companies in any city, borough, town, township or home rule municipality." The chairman of the board of supervisors may swear in special fire police officers. (1914 amended Dec. 18, 1996, P.L. __, No. 172)

 

Section 1915. Special School Police.

 

(a) Upon request of the board of school directors of a school district located wholly or partially within the township, the board of supervisors by resolution may appoint special school police to control and direct traffic at or near schools. The officers shall be in uniform and display a badge or other sign of authority, and they have all the power of local police officers. Special school police serve at the pleasure of the board of supervisors and are not eligible to join any police pension fund maintained for the township police. The board of supervisors shall determine the compensation of special school police, to be paid by the township or jointly by the township and the school district in a ratio to be determined by the two boards. If the township and school district cannot determine the ratio of compensation to be paid by each board, each board shall pay one-half of the compensation of the police.

 

(b) The board of supervisors may create an educational service agency under section 402.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as the "Unemployment Compensation Law," to provide special school police service to one or more educational institutions by the school crossing guards appointed in conjunction with the school district. The educational service agency shall serve as the agency for management and control of the school crossing guards.