236. 07 JUVENILE OFFICER.
The position or rank of Juvenile Officer in the Police
Department of the Township is hereby established and the number of Juvenile
Officers is fixed at one. When a vacancy exists in the position or rank of
Juvenile Officer, the Board of Commissioners shall, subject to the civil
service provisions of the First Class Township Code, appoint a successor. (Ord.
527. Passed 6-23-81.)
236.08 EMERGENCY OPERATIONS PLAN.
(a) The Board of Commissioners hereby approves, adopts and
places into immediate effect an Emergency Operations Plan of Aston Township,
the original of which shall be kept at the Police Department and Library. This
Plan shall be reviewed on an annual basis to make certain it conforms with the
requirements of the Delaware County Emergency Operations Plan. (Ord. 658.
Passed 10-18-89.)
(b) The updates of the Emergency Operations Plan, which
updates are attached to original Resolution 97-01, passed January 15, 1997, are
hereby approved. (Ord. 97-01. Passed 1-15-97.)
236.09 PURGING OF DISCIPLINARY ACTION RECORDS FROM PERSONNEL FILES.
(a) Purpose. The purpose of this section is to establish
policy, responsibility and procedures to be adhered to by the members of the
Police Department in purging their personnel files of records of disciplinary
action.
(b) Disciplinary Action Defined. “Disciplinary action” is
defined, for the purpose of this section, as oral reprimands, written
reprimands, letters of discrepancy, letters of deficiency, letters of warning
and letters of suspension. In addition, it includes all internal investigative
reports which resulted in disciplinary action.
(c) Policy.
(1) It is the policy of the Department to purge records of
disciplinary action from members’ personnel files in accordance with the
reckoning
period established in the Aston Township Police Department Disciplinary Code.
(2) All oral reprimands, letters of discrepancy, letters of
deficiency and letters of warning will hereby have a six-month reckoning
period.
(3) In order for a member to be eligible for purging of his or her
personnel file, he or she must not have received disciplinary action during
the required reckoning period.
(4) If a member did receive disciplinary action during the reckoning
period, he or she will not be eligible until all reckoning periods have
expired.
(5) All reckoning periods for the same offense will run
concurrently, meaning the reckoning period for the most serious charge will be
the period used. All reckoning periods for separate offenses will run
consecutively.
(d) Procedure.
(1) A member who has received disciplinary action must wait until
all reckoning periods have elapsed.
(2) The member will have the responsibility to request an
appointment with the Chief of Police for the purpose of purging his or her
personnel file.
(3) Both the affected member and the Chief of Police will be
present when documents are destroyed.
(Res. 89-107. Passed
8-16-89.)
236.10 COST RECOVERY FOR RESPONSES TO PUBLIC DISTURBANCES.
(a) Findings:
Intent. The Board of Commissioners of Aston Township finds and determines:
(1) That certain private properties require a disproportionate amount
of police service, with many calls requiring response to maintain order and
public peace arid to stop public disturbances. Therefore, there are fewer
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.
(2) That owners and/or rental agents in charge of such private
properties derive a benefit from such police service.
(3) That the 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 stop public
disturbances; to minimize the burden upon citizens and taxpayers of the
Township; and to promote the health, safety and welfare of the public in
general.
(4) That the owners and/or rental
agents in charge of such private properties can minimize required police service
to maintain order and public peace and to stop public disturbance by diligent
and strict management and regulation of their properties.
(5) That assessment of costs as
provided in this section is reasonable and will have a deterrent effect and
encourage more responsible management of such properties.
It is not the intent of this section 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 of such premises.
(b) Definitions: As used in this
section:
(1) Owner: Person or
persons or corporation or other entity constituting the record owner or owners
of any land or building.
(2) Police Service Cost: An
amount fixed by the Board of Commissioners to cover the estimated compensation
of officers for the amount of time normally spent in responding to a call or
otherwise maintaining order and public peace and stopping disturbances,
appropriate administration costs allocable thereto, and medical treatment to
injured officers and the costs of repairing Township equipment or property. This
amount shall be fixed from time to time and shall be based upon an average cost
for a typical police response.
(3) Private Property: Any
land or building, including single and multi-family dwellings and commercial and
industrial buildings not owned by any public entity.
(4) Pubic Disturbances: Any
party, gathering, event or disturbance involving disorderly conduct as described
by the Pennsylvania statues.
(5) Public Entity: Any
Federal, State or local government agency or authority, or school district, or
any agengy or authority created or organized thereby.
(c) Payment of Police Service
Costs Required: Every owner of and/or rental agent with responsibilities to
manage private property within the Township of Aston is required to pay police
service costs to maintain order and public peace and to stop public disturbances
at such private property for each response by the police in excess of one
response per thirty day period in an amount fixed by resolution of the Board of
Commissioners. However, police service in connection with crimes against
residents and/or property by persons not residing on the private property or
invited guests or otherwise lawful occupants of the private property shall not
be considered responses for purposes of this section. Further, police service in
connection with spousal abuse or abuse of children by parents or in connection
with crimes classified as misdemeanors or felonies under the Pennsylvania Crimes
Code shall not be considered responses for the purpose of this section.
(d) Notice to Owner and/or Rental Agent. The Chief of Police
or other duly authorized agent of the Township shall notify the owner of
private property and/or the rental agent with responsibility to manage the same
that a response has been made to such property to maintain order or public
peace or to stop a public disturbance. Such notice shall be given by regular
mail to the last known address of such owner and/or rental agent. However, the
owner and/or rental agent with responsibility to manage private property shall
be required to pay police service costs in accordance with subsection (c)
hereof whether or not such notice has been given.
(e) Billing. Police service costs due in accordance with
subsection (c) hereof shall be billed to the owner and/or rental agent with
responsibility to manage private property by the Township Secretary or his or
her duly authorized agent and shall be due and payable within thirty days of
such billing.
(f) 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 against 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 ten percent and interest at the rate of ten percent per annum shall be added
and collected as provided by law.
(Ord. 760. Passed
4-16-97.)
1998 Replacement