TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," by the creation of a new Chapter 280, entitled "Allegheny County Police Department", and authorizing the consolidation of the existing County, Port Authority and Housing Authority Police forces into a single law enforcement entity.
BODY
WHEREAS, Allegheny County currently maintains the Allegheny County Police, while the Allegheny County Port Authority and Allegheny County Housing Authority each maintain their own police forces; and
WHEREAS, although the Port Authority and Housing Authority police forces have limited jurisdictions, the County Police are specifically empowered to make arrests, serve and execute warrants throughout the County, and to perform the same functions as constables and police officers in cities of the first class on a countywide basis by 16 P.S. §4501(b);
WHEREAS, the Second Class County Code, 16 P.S. 4501 (a) specifically authorizes the creation of a County police force in Allegheny County; and
WHEREAS, although the Housing Authorities Law specifically authorizes the creation of Housing Authority Police forces in second class cities at 35 P.S. §1550(ee), and in first class cities at 35 P.S. §1550(ff), it does not appear to authorize the creation of such police forces in second class counties at all; and
WHEREAS, the Port Authority is specifically authorized to petition the Commonwealth for the appointment of railroad or street railway policemen at 22 P.S. §3301; and
WHEREAS, it appears that the consolidation of the Port Authority and Housing Authority Police forces, each of which requires its own equipment, uniform, maintenance, and other expenses, with the County Police, which could perform identical functions throughout the County, has the potential to have significant and favorable budgetary impacts for both the Port Authority and Housing Authority ; and
WHEREAS, it appears that such consolidation would aid in the enforcement of the laws of the County and Commonwealth by relying upon a single entity with countywide jurisdiction, rather than upon multiple entities with limited jurisdiction; and
WHEREAS, consolidation of the County's police functions will aid in the process of improving the efficiency and transparency of law enforcement throughout the County, and will function as an effective compliment to modernizing the Allegheny County Sheriff's Office by converting the Sheriff into an appointed position; and
WHEREAS, Section 225-1 of the Allegheny County Code of Ordinances specifically authorizes Council, through passage of an ordinance, to modify or eliminate any County department, agency or function or merge such entity with a non-County department, agency or function;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
Section 2.
The Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," is hereby amended by the addition of a new Chapter 280, entitled "Allegheny County Police Department," as follows:
§280-1. Authorization
The consolidation of the Allegheny County Police, the Allegheny County Housing Authority Police, and the Allegheny County Port Authority Police into a single law enforcement entity to be known as the Allegheny County Police Department is hereby authorized.
§280-2. Jurisdiction and Function
The Allegheny County Police Department shall exercise such jurisdiction and perform such functions as are granted and described in the Second Class County Code, 16 P.S. §4501, and shall perform such functions for and on property belonging to the Port Authority and Housing Authority, except to the extent that doing so is expressly forbidden by applicable local, state or federal law.
§280-3. Organization.
The Allegheny County Police Department shall be deemed to be an agency of the Administrative Service of the County, under the supervision of the Allegheny County Manager and Chief Executive. The Department shall be organized under a Superintendent, who shall be appointed by the Chief Executive and confirmed by Council and with a term of appointment of four years.
Section 3. Effective Date.
The provisions of this Ordinance shall become effective 90 days after the date of final approval.
Section 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.