SENATE AMENDED PRIOR PRINTER'S NO. 2424 PRINTER'S NO. 4128
No. 1860 Session of 2003
INTRODUCED BY PALLONE, PETRARCA, TANGRETTI, CASORIO, CREIGHTON, RUFFING, SHANER, SOLOBAY, YOUNGBLOOD AND THOMAS, JULY 15, 2003
SENATOR CONTI, LAW AND JUSTICE, IN SENATE, AS AMENDED, JUNE 21, 2004
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled, 2 as amended, "An act relating to counties of the first, third, 3 fourth, fifth, sixth, seventh and eighth classes; amending, 4 revising, consolidating and changing the laws relating 5 thereto; relating to imposition of excise taxes by counties, 6 including authorizing imposition of an excise tax on the 7 rental of motor vehicles by counties of the first class; and 8 providing for regional renaissance initiatives," further 9 providing for police duties. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Sections 2511 and 2512 of the act of August 9, 13 1955 (P.L.323, No.130), known as The County Code, are amended to 14 read: 15 Section 2511. Employes; Police.--(a) For the purpose of 16 performing all necessary duties relating to the establishing, 17 making, enlarging, extending and maintaining public parks, 18 buildings and other county-owned properties and for enforcing 19 the rules and regulations ordained or resolved by the county 20 commissioners or by any body or board of control where no
1 penalty or fine is involved, the county commissioners of the 2 county are hereby authorized to employ or appoint and equip 3 proper persons to do all necessary and proper work connected 4 therewith, including police or guard duty. 5 (b) The board of commissioners of any county of the third 6 class THAT IS CONTIGUOUS TO A COUNTY OF THE SECOND CLASS may, by <-- 7 ordinance, create or disband a county park police force within 8 the county. When such a county park police force is created in 9 accordance herewith, the county commissioners shall have power 10 to employ the number of officers as may be fixed by the salary 11 board of the county. The compensation of the county park police 12 officers shall be paid by the county. 13 Section 2512. Duty of Police.--(a) It shall be the duty of 14 the police, county park police or guards appointed to duty in 15 any recreation places, buildings and other county-owned 16 properties, without warrant, forthwith to arrest any offender 17 against the rules and regulations, ordained or resolved by the 18 county commissioners, that they may detect in the commission of 19 such offense, and to take the person so arrested forthwith 20 before a magistrate, alderman or justice of the peace having 21 competent jurisdiction. 22 (b) In the ordinance creating a county park police force, 23 the county commissioners shall designate a primary 24 jurisdictional area upon which the county park police officers 25 shall have jurisdiction, and which shall include only property 26 owned, leased or controlled by the county, by a county municipal 27 authority, county redevelopment authority, county industrial 28 development authority or agency, or county airport authority, or 29 by a community college of which the county is a local sponsor, 30 whether such property is within or outside the territorial 20030H1860B4128 - 2 -
1 limits of the county. A county road, street or highway shall not 2 be designated or considered as a primary jurisdictional area 3 unless it is located within the boundaries of a geographical 4 area otherwise designated by ordinance as a primary 5 jurisdictional area pursuant to this section. 6 (c) County park police shall have the power and their duty 7 shall be: 8 (1) to enforce good order and protect the grounds and 9 buildings within a primary jurisdictional area; 10 (2) to exclude all disorderly persons from the grounds and 11 buildings within a primary jurisdictional area; 12 (3) to exercise the same powers as are now or may hereafter 13 be exercised under authority of law or ordinance by the police 14 of the municipalities wherein the primary jurisdictional area is 15 located, including, but not limited to, those powers conferred 16 pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal 17 police jurisdiction); 18 (4) to prevent crime, investigate criminal acts, apprehend, 19 arrest and charge criminal offenders and issue summary citations 20 for acts committed on the grounds and in the buildings of the 21 primary jurisdictional area and carry the offender before the 22 proper authority and prefer charges against the offender under 23 the laws of this Commonwealth. Except when acting pursuant to 42 24 Pa.C.S. Ch. 89 Subch. D, county park police shall exercise these 25 powers and perform these duties only on the grounds of the 26 primary jurisdictional area; 27 (5) to order off the grounds and out of the buildings within 28 the primary jurisdictional area all vagrants, loafers, 29 trespassers and persons under the influence of liquor and, if 30 necessary, remove them by force and, in case of resistance, 20030H1860B4128 - 3 -
1 carry such offenders before the proper authority; and 2 (6) to arrest any person who damages, mutilates or destroys 3 the trees, plants, shrubbery, turf, grass plots, benches, 4 buildings, and structures or commits any other offense on the 5 grounds and in the buildings within the primary jurisdictional 6 area, and carry the offender before the proper authority and 7 prefer charges against the offender under the laws of this 8 Commonwealth. 9 (d) The county commissioners shall designate, from the 10 county park police officers, the chief and such other ranks or 11 classifications of officers as desired by the county 12 commissioners. 13 Section 2. This act shall take effect in 60 days. C6L16MRD/20030H1860B4128 - 4 -