There is hereby established the Department of
Public Safety, which shall consist of the following divisions.
[Amended by Ord. No. 1992-17; Ord. No. 1993-04; Ord. No. 1998-21; Ord. No. 1999-01]
A.
There shall be a Division of Police within the Department
of Public Safety as the Police Department of the Borough of Bradley
Beach. The Department will consist of a Police Chief and 17 additional
sworn regular members of the Police Department.
[Amended 2-8-2005 by Ord. No. 2005-2; 2-12-2008 by Ord. No.
2008-2; 6-28-2016 by Ord. No. 2016-30]
B.
Rank shall be established by the appropriate authority,
that is the Mayor and Council, and may be comprised of the following
regular members subject to the approval of the Mayor and Council;
[Amended 2-8-2005 by Ord. No. 2005-2; 6-28-2016 by Ord. No. 2016-30]
C.
The Police Department shall follow all necessary orders
and procedures through the chain of command, which is established
by the appropriate authority under the direction of the commanding
officer, the Chief of Police.
[Amended 2-8-2005 by Ord. No. 2005-2; 6-28-2016 by Ord. No. 2016-30]
D.
Division officers; duties.
(1)
The Chief of Police shall be the chief executive of
the Division of Police, and he and all other police officers of the
Borough shall severally perform the duties imposed upon them by this
section and by such orders, rules and regulations as may from time
to time be adopted by the Chief of Police with the prior approval
of the Borough Council.
(2)
In the absence of the Chief of Police, the next senior
ranking officer shall perform the duties of the Chief. In the absence
of the Chief of Police and the senior ranking officer, the officer
designated by the Mayor and Borough Council shall perform the duties
of the Chief of Police.
[Amended 2-8-2005 by Ord. No. 2005-2; 2-12-2008 by Ord. No.
2008-2]
E.
Rules and regulations. The Chief of Police of the Borough of Bradley Beach shall, consistent with the provisions of Subsections C and D of this section, prepare and, with the approval of the Borough Council, adopt rules and regulations for the control, disposition and discipline of the Division of Police, together with fixing and enforcing penalties for violation of such rules and regulations.
F.
Qualifications. No person shall be appointed to the
Division of Police unless he shall at the time of making application
be between the ages of 18 and 35, except as provided for by law. Each
applicant shall comply with all the laws of the State of New Jersey
pertaining thereto.
[Amended 2-8-2005 by Ord. No. 2005-2]
G.
Oath of allegiance. Before entering upon the performance
of his duties, each member of the Division of Police shall take and
subscribe an oath, which shall be filed with the Borough Clerk, to
bear true faith and allegiance to the government established in this
state, to support the Constitutions of the United States of America
and the State of New Jersey, and to faithfully, impartially and justly
discharge and perform all the duties of his office.
H.
Duties of Division. The Division of Police shall:
(1)
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances effective within the Borough, suppress riots, mobs
and insurrections, disperse unlawful or dangerous assemblages, and
preserve order at all elections and public meetings and assemblages.
(2)
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of the streets by vehicles and persons; to protect
the safety and facilitate the convenience of motorists and pedestrians;
and to make and enforce rules and regulations consistent with the
ordinances and resolutions of the Borough for such purposes.
(3)
Remove or cause to be removed all nuisances in the
public streets, parks, and other public places of the Borough; inspect
and observe all places of public amusement or assemblage and all places
of business requiring any state or Borough license or permit and report
thereon to the appropriate department.
(4)
Provide proper police attendance and protection at
fires.
(5)
Provide for the attendance of its members in court
when necessary for the prosecution and trial of persons charged with
crimes and offenses and cooperate fully with the law enforcement and
prosecuting authorities of federal, state and county government.
I.
Special law enforcement officers.[1]
(1)
Establishment of position of special law enforcement
officer. There is hereby established the position of special law enforcement
officer in and for the Borough of Bradley Beach.
(2)
Definitions. Whenever any words and phrases are used
in this subsection, the meanings respectively ascribed to them in
N.J.S.A. 40A:14-146.9 shall be deemed to apply to such words and phrases
used herein.
(3)
Criteria for appointment and promotion. Before any
special law enforcement officer is appointed, the Chief of Police,
or in the absence of the Chief, other chief law enforcement official
of the Borough, shall ascertain the eligibility and qualifications
of the applicant and report these determinations, in writing, to the
Mayor and Council.
(4)
Appointment of special law enforcement officers. Special
law enforcement officers may be appointed for terms not to exceed
one year, and the appointments may be revoked by the Mayor and Council
for cause, after adequate hearing, unless the appointment is for four
months or less, in which event the appointment may be revoked without
cause or hearing. Nothing herein shall be construed to require reappointment
upon the expiration of the term. The special law enforcement officers
so appointed shall not be members of the police force of the Borough,
and their powers and duties shall cease at the expiration of the term
for which appointed.
(5)
Qualifications of special law enforcement officers.
(a)
No person may be appointed as a special law enforcement
officer unless the person:
[1]
Is a resident of this state during the term
of appointment;
[2]
Is able to read, write and speak the English
language well and intelligently and has a high school diploma or its
equivalent;
[3]
Is sound in body and of good health;
[4]
Is of good moral character;
[5]
Has not been convicted of any offense involving
dishonesty or which would make him unfit to perform the duties of
his office;
[6]
Has successfully undergone the same psychological
testing that is required of all full-time police officers in the Borough
or with regard to a special law enforcement officer hired for a seasonal
period has successfully undergone a program of psychological testing
approved by the Police Training Commission established in the Department
of Law and Public Safety pursuant to N.J.S.A. 52:17B-70.
(b)
Every applicant for the position of special law enforcement
officer shall have fingerprints taken, which fingerprints shall be
filed with the Division of State Police and the Federal Bureau of
Investigation.
(c)
No person shall be appointed to serve as a special
law enforcement officer if that person serves as a special law enforcement
officer in another municipality in this state, nor shall any permanent,
regularly appointed full-time police officer of any local unit be
appointed as a special law enforcement officer. No public official
with responsibility for setting law enforcement policy or exercising
authority over the budget or any municipality in this state, or supervision
of the Police Department of a municipality in this state, shall be
appointed as a special law enforcement officer.[2]
(d)
Any person who at any time prior to his appointment
had served as a duly qualified, fully trained, full-time officer in
any municipality in this state and who is separated from that prior
service and good standing shall be eligible to serve as a special
law enforcement officer consistent with the guidelines promulgated
by the Police Training Commission. If the Police Training Commission
waives the training requirements which are required by the statute,
the Mayor and Council, if it chooses, may appoint such person as a
special law enforcement officer.
(6)
Training course.
(a)
No person may commence his duties as a special law
enforcement officer unless he has successfully completed the training
course and certification requirements of N.J.S.A. 40A:14-146.11, unless
such training requirements have been waived by the Police Training
Commission.
(b)
All special law enforcement officers appointed in
service on the effective date of this act may continue in service
if within 24 months of the effective date of this act they will have
completed all training and certification requirements of this act.
(7)
Classification of officers. There are hereby established
two classifications of special law enforcement officers.
(a)
Class One. Officers of this class are hereby authorized
to perform routine traffic detail, spectator control and similar duties.
Class One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal
ordinances and violations of Title 39 of the Revised Statutes. The
use of a firearm by an officer of this class shall be strictly prohibited,
and no Class One officer shall be assigned any duties which may require
the carrying or use of a firearm.
(b)
Class Two. Officers of this class shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time police officer. The use of a firearm
by an officer of this class is authorized only after the officer has
been fully certified as successfully completing training as prescribed
by the Police Training Commission.
(8)
Uniforms. Every special law enforcement officer prior
to the commencement of his duties shall be furnished with a uniform
which shall identify the officer's function. The uniform shall include,
but not be limited to, a hat and appropriate badges which shall bear
an identification number or name tag and the name of the Borough of
Bradley Beach. The uniform shall also include an insignia issued by
the Police Training Commission which clearly indicates the officer's
status as a special law enforcement officer and the type of certification
issued by the Commission. All special law enforcement officers prior
to the commencement of duties shall be in uniform properly displaying
the appropriate insignia.
(9)
Equipment and uniform. Whenever a special law enforcement
officer's appointment is revoked or a special law enforcement officer
is not reappointed upon the expiration of the term, the special law
enforcement officer shall return to the Chief of Police, or his designee,
all issued uniforms, badges and equipment within 15 days of the revocation
or expiration of term.
(10)
Carrying of firearms. Special law enforcement officers
shall carry and return firearms pursuant to the guidelines established
in N.J.S.A. 40A:14-146.14b.
(11)
Rules and regulations. Special law enforcement officers
shall comply with the rules and regulations applicable to the conduct
and decorum of the permanent, regularly appointed police officers
of the Borough, as well as any rules and regulations applicable to
the conduct and decorum of special law enforcement officers.
(12)
Performance of duties.
(a)
A special law enforcement officer shall be under
the supervision and direction of the Chief of Police or, in the absence
of the Chief, other chief law enforcement officer of the Borough,
and shall perform his duties only in the Borough unless in fresh pursuit
of any person pursuant to Chapter 156 of Title 2A of the New Jersey
Statutes.
(b)
The Chief of Police or, in the absence of the Chief, other chief law enforcement officers of the Borough may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough, including, but not limited to, the carrying of firearms and the power to arrest subject to rules and regulations; any such authorization shall not be inconsistent with the certification and classification requirements as set forth in Subsection I(7)(a) and (b) of this section.
(13)
Hours of employment, resort community.
(a)
The provisions of N.J.S.A. 40A:14-146.16a and
c regarding the maximum hours of employment of special law enforcement
officers are hereby incorporated as part of this subsection.
(b)
For the purposes of N.J.S.A. 40A:14-146.16a
and c, it is hereby determined and declared that the Borough of Bradley
Beach is a resort community as defined in N.J.S.A. 40A:14-146.9.
(14)
Limitation of use of officers. Special law enforcement
officers may be employed to assist the Bradley Beach Police Department,
but may not be employed to diminish the number of full-time officers
employed by the Borough.
(15)
Number of categories of officers. The number of special
law enforcement officers designated as Class One members shall not
exceed 50 persons. The number of special law enforcement officers
designated as Class Two members shall not exceed 50 persons.
J.
Removal and suspension.
(1)
Each regular police officer shall hold office and
continue in his employment during good behavior and efficiency and
no person shall be removed from office or employment for any cause
other than incapacity, misconduct, neglect of duty, conduct unbecoming
a police officer, disobedience of the rules and regulations of the
Division or absence from duty without just cause for five days or
more.
(2)
Any member of the Division may be suspended, removed,
fined or reduced from his office or employment therein, for just cause
upon due notice and service of written charges and a hearing before
the Mayor and Borough Council as provided by N.J.S.A. 40A:14-147 et
seq.
K.
Hours of employment. The hours of employment of the
uniformed members of the Division of Police shall not exceed 40 hours
in any week, provided that in the case of an emergency the officer,
Borough Council or other official having charge or control of the
Division of Police or the police system shall have full authority
to summon and keep on duty any and all such members during the period
of emergency.
L.
Probationary appointment. Each person appointed to
the Division shall be known as a probationary patrolman and shall
serve as such for a period of one year from the date of his appointment.
At the termination of the probationary period, and provided that the
candidate or person promoted satisfactorily meets all the requirements
of the position to which he has been appointed or promoted for the
probationary period, the appointment or promotion shall be final.
M.
Appointments by the Mayor and Borough Council.[3]
(1)
Preamble.
(a)
Whereas, all members of the Borough of Bradley Beach
Division of Police shall be appointed by the Mayor and Borough Council;
and it is in the best interest of the Borough of Bradley Beach to
be able to hire as regular police officers those persons who have
been employed by other police departments as regular full-time police
officers and which said persons are fully trained and experienced
in police work and are qualified to be regular police officers, as
members of the Bradley Beach Division of Police.
(b)
It is the intent of the governing body to be in a
position to hire a trained and qualified police officer who is desirous
of becoming a member of the Bradley Beach Division of Police in the
position other than probationary patrolman; and it is the intent of
the governing body to make an appointment of an individual to the
Bradley Beach Division of Police in a position other than that of
probationary patrolman and to award a salary to that said individual
other than that of a probationary patrolman salary, said salary in
accordance with the Salary Ordinance of the Borough.[4]
[4]
Editor's Note: The Salary Ordinance is on
file in the office of the Borough Clerk.
(c)
The aforementioned preambler is hereby incorporated
herein as if set forth at length.
(2)
The Mayor and Borough Council is hereby empowered
to appoint persons to the Division of Police of the Borough of Bradley
Beach in a position other than probationary patrolman, if the person
or persons so appointed are fully trained and qualified persons to
be regular members of the Bradley Beach Division of Police. The Mayor
and Borough Council may set the salary for the person or persons so
appointed under this section, and the salary shall be based upon the
person's experience and training.
N.
Police officers' training and equipment expenses and
possible reimbursement to the municipality therefor.
(1)
In the event that a probationary patrolman (provided
he or she is subsequently fully appointed to the Division of Police)
or a regular member of the Division of Police shall attend any training
course, or courses, and if said officer shall receive payment of his
or her salary during the period of absence for said training and if
any of the foregoing individuals obtain training equipment at the
cost and expense of the Borough, then it is expressly deemed a part
of the employment of any such officer that in the event that such
officer shall fail to serve the Borough of Bradley Beach as a police
officer, at the rate or rates of pay established by the ordinance,
for a period of not less than three years from the time of the completion
of said course or courses of training and if said police officer shall
terminate his appointment prior to said period of time, other than
if dismissed, said police officer shall reimburse the Borough of Bradley
Beach for the cost to the Borough of his or her said training and
equipment expenses and salary received during the period of his or
her absence for training at any such course or courses.
(2)
The aforesaid reimbursement costs may be deducted
in whole or in part from monies owed said officer, and the Borough
shall also have the right to institute any action or actions to collect
the same.
O.
P.B.A. contract with the Borough.
(1)
Findings. The Borough of Bradley Beach and the authorized
representatives of the Bradley Beach Division of Police, namely the
P.B.A. Local, Bradley Beach Division of Police have entered into negotiations
and have agreed upon terms of a contract to be entered into between
the parties, as more specifically set forth in such contract.
(2)
Agreement; public record. The Borough agrees to the
terms and provisions of the contract agreement which is specifically
made a part hereof by reference and which contract agreement is on
file in the office of the Borough Clerk at Borough Hall, Bradley Beach,
New Jersey and is open for inspection during regular office hours.[5]
(3)
Authorization; execution. The Mayor and the Borough
Clerk are herewith authorized and directed to execute such contract
agreement on behalf of the Borough, subsequent to its execution by
the duly authorized officers or representatives of the Division of
Police.
(4)
Provisions exclusive to the Division of Police. The
provisions of the aforesaid contract agreement shall apply solely
to the members of the Division of Police and to no other Borough employees.
(5)
Supersedes other provisions. As to the members of
the Division of Police, any provisions in this chapter, as amended,
which may be inconsistent with or contrary to the provisions of the
aforesaid contract agreement shall be deemed superseded by the terms
and provisions of such contract agreement.
(6)
Contract alteration; modification; amendment. The
contract referred to herein may hereafter be altered, modified or
amended by the adoption of a resolution therefor by the Borough Council
and the execution of an agreement to that effect by and between the
Borough Council and the Borough of Bradley Beach.
A.
Establishment and composition. There is hereby authorized
and established the Division of Fire of the Borough of Bradley Beach.
Said Division of Fire shall consist of one company. There shall be
a Chief, a Deputy Chief, a Captain and a Lieutenant and such other
firemen and officers as may be approved by the Division of Fire and
the Mayor and Borough Council.
B.
Membership. The Division of Fire shall consist of not more than 60 members working for their New Jersey State exemption and an unlimited number of exempt members. All firemen shall be subject to the restrictions of the New Jersey State Firemen's Relief Association in good standing according to the bylaws of the Division of Fire, which said bylaws shall be approved by the Borough Council before becoming operative. The term of office for officers shall be for a period of one year commencing on the first day of January next succeeding their election and approval and terminating on the 31st day of December of the same year or until their successor is elected and duly approved. But, such Chiefs and other officers shall not become entitled to perform the duties of their offices until their election shall have been approved by the Borough Council at a meeting of that body. No person shall be promoted to the position of Chief, Deputy Chief or Captain until he has passed approved courses as provided in Subsection L herein. In addition, there shall be elected such other officers as shall be prescribed and set forth in the bylaws to be adopted as set forth and required in subsections set forth herein.
C.
Annual election. The annual election for all Division
of Fire officers shall be held on the first Wednesday in December
of each year, which elections shall be held at such place as fixed
by the Division of Fire President, annually. The polls during the
elections shall be open between the hours of 7:00 p.m. and 9:00 p.m.
of the date fixed for holding the election. The Division of Fire President
shall appoint a judge, clerk and teller of elections prior to the
opening of the polls, and the Division of Fire Secretary shall certify
the result of the election to the Borough Council at its next meeting
for approval by a majority of the members present at that meeting.
D.
Disapproval of elected officers. In case a majority
at the meeting of the Borough Council shall disapprove any of the
officers elected by the Division of Fire, the Borough Council shall
give to the disapproved elected officer four days' notice of a hearing
to be held within 10 days from the time of disapproval, at which time
such officer shall be given an opportunity to be heard and shall be
advised of the reasons for the disapproval. If after the hearing the
Borough Council shall disapprove of the officer, the disapproval shall
be read at the next regular meeting of the Division of Fire, at which
meeting new nominations shall be made. Thereafter, a special election
of the Division of Fire shall take place between the hours of 7:00
p.m. and 9:00 p.m. on the second Wednesday following the nominating
meeting. All members of the Division of Fire shall be notified by
the Division of Fire Secretary at least three days in advance of the
time and place of the special election.
E.
Voting qualifications. No member of the Division of Fire shall have the right to vote for any officers of the Division of Fire unless he is a member of the Division of Fire in good standing for at least three months prior to this annual election. Active members who are not exempt, in order to be eligible to vote, shall, in addition to attending three meetings from September 1 of the prior year to August 31 of the current year, maintain their percentage of fire attendance as established by the New Jersey State Firemen's Association. Exempt members of the Division of Fire to be eligible to vote in any and all elections shall have attended five meetings from September 1 of the prior year to August 31 of the current year. The Secretary of the Division of Fire shall, at 24 hours before the opening of the election polls, submit a list of names of the approved voters of the Division of Fire to the Clerk of Election. No member of the Division of Fire shall have the right to vote for any Division officer of the Bradley Beach Division of Fire unless such member shall fully comply with the foregoing provisions of this Subsection E as may apply to such members; and provided, further, that such member, in order to be entitled to vote for any Division officer of the Division of Fire, shall be either an exempt member of the Division of Fire or a member of the Division of Fire working for his state firemen's exemption papers entirely in accordance with the requirements, rules and regulations of the New Jersey State Firemen's Association (New Jersey State Firemen's Relief Association).
F.
Vacancies.
(1)
When any vacancy exists as to a Division of Fire officer, the vacancy shall be filled in accordance and in compliance with the bylaws of the Division of Fire. In the event that a vacancy should occur in the office of the Chief during any term, his office for the unexpired term shall be filled by the Deputy Chief; or in the event the person being elevated from the Deputy Chief to Chief does not have the necessary qualifications as set forth in Subsection L of this section; or in the event the person being elevated from Deputy Chief to Chief pursuant to Subsection I of this section declines to accept the nomination for Chief, then the next qualified Ex-Chief is elevated to Chief; if no qualified Ex-Chief accepts the office of Chief, then an unqualified Ex-Chief can fill the position; then, in any of the following events, there shall be an election to fill the position of Chief. Those persons who may accept the nomination for Chief, to hold the position of Chief, shall be Ex-Chiefs. All Ex-Chiefs qualifying to accept the nomination and position of Chief, as aforementioned, shall be exempt from the qualification requirements of Subsection L. In the event that a vacancy shall exist because of disapproval after notice to the aggrieved person and a hearing based thereon of a Division of Fire office by the Borough Council, then the proceedings of the election pertaining to that office shall be held to be of no effect and a new nomination and a new election shall take place on the following Wednesday; the nomination shall be made between the hours of 6:00 p.m. and 7:00 p.m. and the new election shall take place between the hours of 7:00 p.m. and 9:00 p.m. In the event of a vacancy in the office of Deputy Chief, Captain or Lieutenant, either of these offices shall be filled in the following manner: by the designation of nominees to fill the office, which nominations shall be made at the next regular meeting of the Division of Fire and a special Division election to be held on the first Wednesday of the following month.
(2)
The officers elected to fill positions which have
been vacated shall be entitled to all of the benefits and advantages
of the original holder of the office, including the right, if any,
to succession to the next superior office. The same procedure to fill
vacancies of any other officer elected to fill line or administrative
duties shall apply.
G.
Tie votes. In the event of a tie vote at any election,
the proceedings of the election as to those who had tied for election
shall be held to be of no effect and a new election shall take place
on the following second Wednesday between the hours of 7:00 p.m. and
9:00 p.m. to elect the nominees for the office who have tied for election.
All members of the Division of Fire shall be notified by the Division
of Fire Secretary by mail in advance of the date of the new election,
which notice shall set forth the time and place thereof.
H.
Nomination for Chiefs.
(1)
All nominations for Chiefs shall be made at the Division
of Fire first meeting in the month of November of each year, and following
the meeting, no additional nominations shall be accepted. Exempt members
to be nominated for Chief shall maintain a forty-percent quota for
fires/drills from September 1 to August 31 of the year prior to nomination.
In order for anyone to be nominated for the office of either Deputy
Chief, Captain or Lieutenant, the person shall be either a Foreman
or Ex-Foreman and have a minimum of five years of membership in the
Division of Fire and have been in good standing during this period
of time as per Division of Fire bylaws. All eligible members of the
Division of Fire may vote for any and all candidates nominated for
the office of Deputy Chief, Captain or Lieutenant.
(2)
In order for anyone to be nominated for the office of either Deputy Chief, Captain or Lieutenant, the person shall be either a Foreman or Ex-Foreman, have completed the fireman's training courses as provided in Subsection L herein, which shall be approved by the Mayor and Borough Council, have a minimum of five years' membership in the Division of Fire and have been in good standing during this period of time.
I.
Placing of names on ballot. Following election to
the office of Deputy Chief, there shall be no opposition to their
election to the next superior office in the succeeding year. Their
names, however, shall be required to be placed on the succeeding ballot.
The offices of Lieutenant and Captain shall be filled in each year
by new nominations and election, which offices shall not carry with
it any automatic rights to superior offices. The office of Chief of
the Division of Fire shall, in no three-year period, be filled by
the same Chief.
J.
Application for membership. The application of every
person desirous of becoming a member of the Division of Fire shall
be filled out completely on both sides including physical examination
section. It must first be approved by the Division of Fire at a regular
meeting and then approved by a majority of the members of the Borough
Council of the Borough. Upon such approval, he shall then be deemed
to be a member of the Division of Fire.
K.
Qualifications for membership as a fireman. No person
shall be accepted as a member of the Division of Fire unless he or
she is a resident of the Borough and established membership areas
by the bylaws and shall be within the age limit of 18 to 39, that
is prior to his 40th birthday, except as hereinafter provided. A person
over 40 and not older than 50 may be accepted as a fireman if the
Division of Fire deems that there is a need. Such members shall not
be eligible for state benefits. Any person so accepted shall adhere
to all regulations of the Division of Fire and shall be only eligible
to hold the offices of President, Vice President, Secretary, Treasurer
or Trustee.
L.
Qualifications required to become eligible to hold
the position of Fire Chief.
(1)
All members of the Bradley Beach Division of Fire,
in order to hold office as Fire Chief, shall have successfully completed
the following courses given by the New Jersey Safety Council or another
equally qualified school:
(2)
Driver-Operators of the Division of Fire, in order
to hold that office, shall have successfully completed the Advanced
Pump Operations Course given by the New Jersey Safety Council or another
equally qualified school, or to have successfully completed the Advanced
Truck Operations Course given by the New Jersey Safety Council or
another equally qualified school.
(3)
In addition to the above, any fireman elected to the
office of Lieutenant shall attend a qualified school, given either
by the New Jersey Safety Council or other equally qualified school,
for the Advanced Pump Operations Course or Advanced Truck Operations
Course.
(4)
Any fireman elected to the office of Captain shall
attend a qualified school, given either by the New Jersey Safety Council
or other equally qualified school, for the Advanced Truck Operations
Course or Advanced Pump Operations Course.
(5)
Any fireman elected to the office of Deputy Chief
shall attend a qualified school, given either by the New Jersey Safety
Council or other equally qualified school, for the Staff and Command
School Courses. All such courses must have the approval of the Mayor
and Borough Council of the municipality. All courses must have been
completed prior to holding the office of Chief pursuant to the Division
of Fire bylaws.
M.
Powers and duties of Chiefs.
(1)
It shall be the duty of the Chief of the Division
of Fire to examine, at least once a month, all of the fire apparatus
and the buildings in use for the protection of the same and report
the condition to the Borough Council at their first meeting in the
month of January of each year, together with a record of the number
of fires attended by him or in his absence by the Deputy Chief and
in the absence of both by the Captain and in the absence of any of
the foregoing by the Lieutenant and the cause of such fires and such
other information as he may deem proper. In case of fire, the Chief
shall have sole control and command over all of the fire apparatus
and all members of the Division of Fire and over all persons aiding
and assisting the Division of Fire.
(2)
In the absence of the Chief of the Division of Fire,
his command shall devolve upon and his duties to be performed by the
Deputy Chief; and in his absence by the Captain; and in his absence
by the Lieutenant; and in his absence by the Foreman on his arrival
at the fire.
(3)
The Chief of the Division of Fire may also suspend
any persons who conduct themselves in a disorderly manner in the fire
house, at drills or in the performance of their duties.
(4)
The Chief, the Deputy Chief, the Captain and Lieutenant
shall attend all fires within the corporate limits and are hereby
empowered and required to take charge of any building which may be
on fire, to admit only so many and such persons not firemen to the
buildings as they may deem necessary to aid in the extinguishing of
the fire and for the preservation of all goods and to give orders
for and to supervise the removal of such goods and for the preservation
of all endangered property.
(5)
All Chiefs, the Captain and Lieutenant are hereby
invested with all the powers of police officers while going to, attending
and returning from the fire. They shall have full and complete authority
to preserve the peace and protect private and public property.
(6)
The Chief, Deputy Chief, Captain and Lieutenant shall,
when on duty, wear hats on which shall be emblazoned the names of
their respective offices. Firemen when on duty shall be properly equipped
at all times.
(7)
The Chief shall appoint fire police at the time of
the regular election of the Division of Fire officers, provided that
no person appointed to fill the office shall assume the duty of his
office until he or she has completed an approved fire police training
course. It shall be the duty of all fire police to attend all fires,
report themselves to the Chief and be subject to his directions. The
persons so appointed and approved shall have police power at all fires.
N.
Election, appointment, powers and duties of other
officers.
(1)
The Driver-Operator and all other officers shall be
elected as provided in the bylaws of the Division of Fire, and the
number and titles of said officers shall also be provided in said
bylaws.
(2)
The Driver-Operator and all other officers shall report
to the Chief from time to time advising what supplies are necessary,
and the Chief of the Division of Fire, upon receiving said reports,
shall report the same to the Mayor and Borough Council.
(3)
Annually on the 31st day of December, it shall be
the duty of the Driver-Operator to submit to the Chief of the Division
of Fire or his administrative designee, the Division of Fire Secretary,
a list of the names and residences of all the members of the Division
of Fire, together with their attendance record and a list of all Division
of Fire equipment required for the succeeding year, which compilation
shall be filed by the Chief of the Division of Fire with the Borough
Council at its next ensuing meeting. Incoming and outgoing Chiefs
shall jointly submit recommendations to the Borough Council for the
succeeding year's budget.
(4)
The Secretary of the Division of Fire shall be elected
as provided in the bylaws on or before the last day of December in
each year, submit to the Chief of the Division of Fire names of all
members of the Division of Fire who have died, resigned or been expelled
within the preceding year and such names shall appear in the Chief's
annual report to the Borough Council. He shall also report promptly
to the Borough Clerk all changes in the membership of the Division
of Fire.
(5)
It shall be the duty of the officers of the Division
of Fire to prevent anyone but members of the Division of Fire to hold,
ride on or in any way interfere with the functioning of any fire apparatus
or equipment whether in going to or from a fire or fire alarm or otherwise,
to prevent any racing of any kind and to abstain from any conduct
that may be likely to cause a breach of peace or reflect discredit
on the Division of Fire.
O.
Duties of Borough Clerk. The Borough Clerk shall keep
a true and perfect list of names of all firemen, both active and exempt,
together with a list of all firemen who have died, resigned or been
expelled from the Division of Fire, which list shall be a public record.
P.
Exempt members in good standing as defined in the
bylaws. Exempt members of the Division of Fire who have moved out
of town but maintain themselves in good standing may hold offices
with the following exceptions: All line officers.
Q.
Board of Review. There is created a Division of Fire
Board of Review consisting of nine members in good standing who shall
be elected annually as provided in the Division of Fire bylaws. The
responsibilities of this Board of Review shall be as follows:
(1)
To hear all interdepartmental charges brought by officers
or members of the Division of Fire.
(2)
To review all suspensions imposed by the Chiefs of
the Division of Fire, the hearings take place within 10 days of the
suspension or the filing of charges.
(3)
To hear all appeals of any fireman who desires to
appeal a decision of any officer of the Division of Fire. The Board
of Review shall fix a hearing date upon receipt of written notification
from the fireman for the hearing of the appeal. The Board of Review
shall have the power and authority to sustain or reverse the decision
of the respective officer in dropping a man from the rolls or other
imposition of penalty which might have been the determination of the
officer.
(4)
The Board of Review shall have the authority to reinstate
a suspended fireman, to uphold a suspension or to suspend a fireman
against whom charges have been filed.
(5)
To hear any appeals from a man who has been dropped
from the rolls of the Division of Fire. Any member of the Division
of Fire shall have the right to appeal to the Borough Council. At
the appeal, the fireman may be represented by legal counsel. If a
member, who has been suspended, shall be found not guilty by the Borough
Council or Board of Review, he shall receive a mark of excused for
the fires he missed during suspension. These marks shall not be considered
a part of his record in compiling his percentage for the year.
R.
Authorization to drive fire apparatus. In addition
to the duly elected Driver-Operators, all qualified members of the
Division of Fire are hereby authorized to drive the fire apparatus
of the Division of Fire in the absence of the Driver-Operators, provided
that no one shall operate any apparatus unless he is the holder of
a valid driver's license in his name as issued by the Department of
Motor Vehicles of the State of New Jersey.
S.
Use of Fire Department quarters; fire apparatus.
(1)
No portion of any building nor Division of Fire quarters,
used for the protection of any fire apparatus, shall be put to any
other use without first obtaining the consent of the Trustees of the
Division of Fire with the approval of the Mayor and Borough Council.
(2)
No fire apparatus shall be used on any trial of skill
and power, parade or other social function except with the consent
of the Mayor and Borough Council and the Chief of the Division of
Fire.
T.
Unlawfully driving fire equipment. Any person who shall willfully drive, propel or cause to be driven or propelled any vehicle over any hose or other fire equipment or shall willfully cut or deface the same shall, upon conviction of such act before the Borough Judge, be punished by a fine of not less than $100 nor more than the maximum penalty included in Chapter 1, Article II, General Penalty, within the discretion of the Judge.
U.
False alarms. Any person who shall raise or cause
to be raised any false alarm of fire within the Borough limits shall,
upon conviction before the Borough Judge, for a first offense be punished
by a fine of not less than $25 nor more than $50 or confinement in
the county jail for a term not exceeding 30 days, or both, within
the discretion of the Judge. Any person convicted of a second or additional
offense to the foregoing shall be punished by a fine of not less than
$50 nor more than $100 or confinement in the county jail for a term
not exceeding 60 days, or both, at the discretion of the Judge.
V.
Penalty. The penalty for any violation of this section
to which no distinct penalty is attached may be, in the case of an
officer, degradation from his office and, in the case of a fireman,
suspension or removal from the Division, which penalty shall be enforceable
at the option of the Board of Review upon notice and a hearing of
the charges of the aggrieved person, and in the case of a person other
than a member of the Division of Fire, a fine upon conviction of not
less than $10 nor more than $100 or confinement to the county jail
for a term not exceeding 30 days, or both, within the discretion of
the Borough Judge.
W.
Screening of personnel.[2]
(1)
Every new applicant employed by the Borough of Bradley
Beach and/or engaged in or participating in the Division of Fire of
the Borough of Bradley Beach shall be subject to verification of identification
and/or screening by the Borough. Such screening may include but not
be limited to the following steps:
(a)
Fingerprinting;
(b)
Review of past and/or pending criminal convictions;
(c)
Directing inquiry to the statewide central register
of child abuse and maltreatment;
(d)
Requiring appropriate documentation and verification
of identification;
(e)
Directing inquiry into references and/or past employers.
(2)
The Chief of Police is authorized to submit applicant fingerprint cards and receive state criminal history record information from the State Police, State Bureau of Identification for use in considering persons covered by this Subsection W. All records checked may be subject to the state's required user fee which shall not be paid by the applicant but be paid by or on the behalf of the Borough.
X.
Exempting members from certain Borough fees.
(1)
Purpose. Members of the Borough of Bradley Beach Division
of Fire provide a valuable service to the citizens of the Borough
of Bradley Beach at a very modest cost when compared to the expense
which would be associated with a paid Fire Department, and the Borough
of Bradley Beach is desirous of providing certain incentives to these
volunteers to recognize their community service and to encourage other
citizens to join this respective organization and volunteer their
services.
(2)
ACTIVE MEMBERS or LIFE MEMBERS
FEES
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Volunteers in municipal fire departments or those who meet
the definition of an active member or exempt life member certified
in writing by the chief executive officer of a Volunteer Fire Department
within the Borough of Bradley Beach to have asserted at least one
year of continuous volunteer service in the company and possess the
necessary certifications and/or training required by the said Department.
Those charges established by the Borough of Bradley Beach,
which are retained by the Borough of Bradley Beach as revenue. As
used in this subsection, excluded is any portion of the fee that is
collected by the Borough on behalf of another entity, including but
not limited to the State of New Jersey, the County of Monmouth, and/or
an outside vendor.
(3)
Incentive to members. All active members and life
members of the Borough of Bradley Beach Division of Fire shall be
entitled to the following benefits: they shall be exempt from the
payment of any Borough of Bradley Beach fees for Borough training
programs; Borough license and Borough permit fees, including but not
limited to certificates of occupancy; construction code fees; Board
of Adjustment and Planning Board fees; and the annual beach badge
fee. These exemptions shall only apply for the member's primary residence
and shall not apply to any rental or income property owned by the
member.
[Amended 1-26-2016 by Ord. No. 2016-04]
(4)
Exclusion from benefits. The following fees are excluded
from the benefits provided under this subsection and must be paid
by the members: all escrow fees regarded by the Planning Board or
the Board of Adjustment; the posting of performance and maintenance
guarantees, where required; fee licenses and permits associated with
any fireman operating a business within the Borough of Bradley Beach;
escrows associated with engineering inspections; inclusion in programs
after registration has reached its maximum; dog license fees; any
fee or permit therefor which is collected for any other entity.
(5)
Administration of benefits.
(a)
On or about January 31st of each calendar year, the
Division of Fire shall submit to the Borough Administrator a list
of all individuals who meet the definition for active member and exempt
member status. Updates shall be provided by the Fire Department to
the Borough Administrator on a periodic basis to add to the list individuals
who have completed their probationary status or to delete individuals
who have dropped their membership or who have no longer met the criteria
for active member or exempt member status.
(b)
The Business Administrator, with the approval of the
Fire Division, shall issue each active member an identification tag
for use in the various municipal departments.
(c)
All active members must comply with the registration
procedures and complete all application forms established by the Borough
of Bradley Beach.
(d)
The Borough Administrator is hereby authorized to
enforce the provisions of this subsection.
The personnel of the Office of Emergency Management
shall report and be directly subject to the supervision of the Mayor.
During a declared state of emergency, all divisions of this department
shall be subject to the supervision and direction of the Mayor.
A.
Purpose. First Aid Department members of the Borough
of Bradley Beach First Aid Department provide a valuable service to
the citizens of the Borough of Bradley Beach at a very modest cost
when compared to the expense which would be associated with a paid
First Aid Department, and the Borough of Bradley Beach is desirous
of providing certain incentives to these volunteers to recognize their
community service and to encourage other citizens to join this respective
organization and volunteer their services.
B.
ACTIVE MEMBERS or LIFE MEMBERS
FEES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Volunteers in municipal First Aid Departments or those who
meet the definition of an active member or life member certified in
writing by the chief executive officer of a Volunteer First Aid Department
within the Borough of Bradley Beach to have asserted at least one
year of continuous volunteer service in the company and possess the
necessary certifications and/or training required by the said Department.
Those charges established by the Borough of Bradley Beach,
which are retained by the Borough of Bradley Beach as revenue. As
used in this subsection, excluded is any portion of the fee that is
collected by the Borough on behalf of another entity, including but
not limited to the State of New Jersey, the County of Monmouth, and/or
an outside vendor.
C.
Incentive to members. All active members and life
members of the Borough of Bradley Beach First Aid Department shall
be entitled to the following benefits: they shall be exempt from the
payment of any Borough of Bradley Beach fees for Borough training
programs; Borough license and Borough permit fees, including but not
limited to certificates of occupancy; construction code fees; Board
of Adjustment and Planning Board fees; and the annual beach badge
fee. These exemptions shall only apply for the member's primary residence
and shall not apply to any rental or income property owned by the
member.
[Amended 1-26-2016 by Ord. No. 2016-04]
D.
Exclusion from benefits. The following fees are excluded
from the benefits provided under this section and must be paid by
the members: all escrow fees regarded by the Planning Board or the
Board of Adjustment; the posting of performance and maintenance guarantees,
where required; fee licenses and permits associated with any First
Aid member operating a business within the Borough of Bradley Beach;
escrows associated with engineering inspections; inclusion in programs
after registration has reach its maximum; dog license fees; any fee
or permit therefor which is collected for any other entity.
E.
Administration of benefits.
(1)
On or about January 31st of each calendar year, the
First Aid Department shall submit to the Borough Administrator a list
of all individuals who meet the definition for active member or life
member status. Updates shall be provided by the First Aid Department
to the Borough Administrator on a periodic basis to add to the list
individuals who have completed their probationary status or to delete
individuals who have dropped their membership or who have no longer
met the criteria for active member or life member status.
(2)
The Business Administrator shall issue each active
member an identification tag for use in the various municipal departments.
(3)
All active members must comply with the registration
procedures and complete all application forms established by the Borough
of Bradley Beach.
(4)
The Borough Administrator is hereby authorized to
enforce the provisions of this section.