Borough of Oceanport, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 11-30-2011 by Ord. No. 899. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 78.
Volunteer incentives — See Ch. 103.

§ 50-1 Establishment.

The incorporated limits of the Borough of Oceanport as established under an act entitled "An Act to Incorporate the Borough of Oceanport, in the County of Monmouth," Chapter 105 of the Laws of New Jersey 1920 (approved April 6, 1920), shall constitute the fire district of the this Fire Department.

§ 50-2 Purpose.

The purpose of this chapter is to further provide for the maintenance, regulation and control of the Fire Department of the Borough of Oceanport, and for the adoption of the rules and regulations of the Department.

§ 50-3 Supervision and control.

Mayor and Council or its designee is the supervisory authority as provided in the New Jersey Statutes. The supervisory authority shall be responsible for the overall performance of the Fire Department. The Mayor and Council shall adopt and promulgate rules and regulations for the government of the Fire Department and for the discipline of its members (N.J.S.A. 40A:14-68).

§ 50-4 Rules and regulations.

The Mayor and Council shall adopt by resolution rules and regulations relating to the organization and operation of the Fire Department, which rules and regulations may, from time to time, be amended and modified by further resolution.

§ 50-5 Composition of Department; election of officers.

A. 
The Fire Department of this Borough shall be named the Oceanport Volunteer Fire Department and shall consist of the Port-Au-Peck Chemical Hose Company, the Oceanport Hook and Ladder Fire Company and such other companies and apparatus as may be hereafter otherwise provided for. The officers of said companies shall be such as are elected by the respective companies under their charters and bylaws.
B. 
Election of officers.
(1) 
Elections of officers shall be held as provided in the department rules and regulations.
(2) 
Only residents of Oceanport, West Long Branch, Long Branch, Little Silver and Eatontown may be elected to and hold any of the Departmental offices enumerated here in. If a Departmental officer moves from one of the above mentioned towns, he/she shall relinquish his/her position and the position will be filled by a member of that fire company meeting the qualifications as enumerated in the rules and regulations to hold said position for the unexpired term. If there is no qualified member from that company to hold the position then a qualified member of another company recognized by the Borough shall fill the position for the unexpired term.
C. 
Ranks and positions of the Fire Department:
(1) 
The following ranks and the number of positions at each rank are authorized for the fire department:
Fire Chief
One position
First Assistant Fire Chief
One position
Second Assistant Fire Chief
One position
Captain
One position for each company
One position for fire police
1st Lieutenant
One position for each company
One position for fire police
2nd Lieutenant
One position for each company
One position for fire police
Chief Engineer
One position for each company
Engineer
As needed for each company
(2) 
Each fire company may elect administrative officers for their company as required by their company bylaws.

§ 50-6 Qualifications for membership.

A. 
Regular membership. No person under the age of 18 may become a regular member of the Fire Department. Any applicant for membership must pass satisfactorily a physical examination by a practicing physician, which examination must be made within one month prior to the filing of the application for membership, and a certificate as to his physical condition, disclosed by such examination and signed by the physician making such examination, must be presented to the company with his application for membership in the Department.
B. 
Special membership. Any person 18 years of age or older may become a special member of the Fire Department, provided that such person shall be an active member in good standing of the fire department of any other municipality of the State of New Jersey. Applications for special membership shall be subject to review and approval by the Borough Council.
(1) 
Unless any applicant for special membership shall have furnished satisfactory evidence that he or she was approved for membership in the fire department of another municipality, such applications shall be subject to of the provisions of Article II of this chapter.
(2) 
In the event that any special member shall cease to be an active member in good standing of the fire department of another municipality for any reason, the special membership of such person in the Oceanport Fire Department shall automatically terminate.
(3) 
All applicants who shall become a special member of the Fire Department shall at all times be subject to the provisions of Article II of this chapter regardless of their standing with the fire department of any other municipality in the State of New Jersey.
C. 
All persons accepted for membership in the Fire Department must complete a one-year probationary period, during which the member may be removed from the Fire Department by the Mayor and Council on recommendation of the Fire Chief.

§ 50-7 Fire Committee creation and purpose.

A. 
Annually, the Fire Department shall establish the Borough of Oceanport Fire Committee. The Committee shall be compromised of all line officers of Oceanport Hook and Ladder Company and Port-Au-Peck Chemical Hose Company. In addition, the immediate ex-Fire Chief, Fire Marshal, Fire Police Captain, OEM Director and one member from the Executive Board of each fire company shall serve on the Fire Committee.
B. 
The OEM Director and Executive Board members shall be nonvoting advisors to the Fire Committee.
C. 
The current Fire Chief shall be the chairman of the Fire Committee.
D. 
The purpose of the Fire Committee shall be to formulate policies and procedures for the Oceanport Fire Department, and to establish, maintain and oversee a five-year plan for the Department.
E. 
A decision of the Fire Committee may be appealed by a fire company upon a vote of the company at their first regular meeting after the decision is made. The company must notify the Fire Chief in writing within 10 calendar days of their meeting date or forfeit the right to appeal.
F. 
The Fire Chief will notify the Borough Administrator of an appeal. The Mayor and Council will review the decision under appeal, or designate a person or committee to review the decision. The findings of the reviewing authority will be final.

§ 50-8 Fire police appointments, terms of office and duties.

A. 
Fire police membership. The Mayor and Council shall appoint fire police officers who shall be members of the Oceanport Fire Department. Appointments shall be based on the recommendation of the Fire Police Captain and the approval of the Chief of Police. All members shall possess and satisfy the qualifications required by N.J.S.A. 15:8-4 and any subsequent amendments of said statute.
B. 
In addition to the qualifications hereinabove set forth, all fire police officers shall have been certified by the State of New Jersey and the Monmouth County Fire Academy or an equally qualified school. Copies of the certificates of the qualification for each appointee shall be filed with the Oceanport Police Chief.
C. 
Upon their appointment, fire police officers shall serve a term of five years from the date of appointment and during such term, they shall exercise and perform such duties as shall be provided in N.J.S.A. 15:8-4 or any subsequent amendment thereto.
D. 
All fire police officers shall be under the control and supervision of incident commander of the Oceanport Fire Department whenever performing any fire-related duties. However, whenever fire police officers are dispatched to assist in non-fire-related activities, they shall be under the control and supervision of the incident commander of that activity.
E. 
All other provisions of N.J.S.A. 15:8-4, and any subsequent amendments thereto, are hereby incorporated in and made a part of this chapter

§ 50-9 Internal management.

The several companies of the Fire Department shall have power to provide for the election of their officers and members and manage their own affairs, subject to the Borough ordinance, rules and regulations of said Department, constitution and bylaws of the company, and the approval of the Mayor and Council, if said Mayor and Council shall see fit to exercise such right of approval in the interest of the general welfare of the Borough.

§ 50-10 Suspension of companies.

Any company which shall refuse to obey or enforce obedience to any provision of this article or direction of the Mayor and Council or officer of the Borough of Oceanport in accordance herewith shall be suspended from fire duty in the Borough of Oceanport in the discretion of the Mayor and Council, in addition to any other penalties herein provided, and its control over the apparatus in its charge shall thereupon cease and revert to the Borough.

§ 50-11 Purpose.

This article is enacted pursuant to N.J.S.A. 40:42-1 et seq. for the health, welfare and safety of its citizens and to implement N.J.S.A. 15:8-1.1.

§ 50-12 Membership in the volunteer fire company.

Membership in a volunteer fire company means membership in a volunteer fire company organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes, membership in a volunteer fire company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-70-1; membership in a junior firefighters auxiliary established pursuant to N.J.S.A. 40A:14-95; or nonpaid membership in a part paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.

§ 50-13 Application for membership.

Any person desiring membership in the Oceanport Fire Department shall complete and file in duplicate an application which shall contain the following information concerning the applicant:
A. 
Name.
B. 
Home address.
C. 
Birth date.
D. 
Social Security number.
E. 
Driver's license number.
F. 
Any conviction for the violation of N.J.S.A. 2C:17-1:
(1) 
Aggravated arson;
(2) 
Arson;
(3) 
Failure to control or report dangerous fires; or
(4) 
Directly or indirectly paying or accepting any form of consideration for the purpose of starting a fire or explosion.
G. 
Any conviction for the violation of N.J.S.A. 2C:33-3, false public alarms.
H. 
Any conviction of a crime or a disorderly persons offense, which would indicate that the applicant may be a threat to the health, safety or welfare of the Borough.
I. 
Such other information as the volunteer fire company deems relevant to the application, provided that none of such information is prohibited by law.

§ 50-14 Investigation by Chief of Police.

A. 
Following the filing of such application, the volunteer organization shall transmit one copy of the application to the Chief of Police of the Borough of Oceanport, who shall conduct an investigation to ascertain the truth of the statements made by the applicant upon his or her application and any such other investigation of the applicants background as may be deemed necessary for the protection of the public good. If as the result of such investigation the applicant is found to have been convicted of a violation of N.J.S.A. 2C:17-1a, b, c and/or d or N.J.S.A. 2C:33-3 or any other crime or disorderly persons offense involving moral turpitude or other offenses which the Chief believes would be inappropriate for membership, the Chief of Police shall consider the same in his or her decision as to whether to recommend the applicant to the Mayor and Council as suitable. If the Chief find that the applicant is unsuitable, he or she shall provide a list of reasons to the applicant explaining said decision. The applicant may appeal the Chief's designation of unsuitability to the Mayor and Council with the understanding that, upon appeal, any information supplied to the Mayor and Council shall become a matter of public record.
B. 
In connection with said investigation, the applicant shall submit to fingerprinting, and the Chief of Police is authorized to submit the applicant's fingerprints and receive state criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered by this article.

§ 50-15 Authorized agency.

This article is intended to make the volunteer fire company an authorized agency as defined by N.J.A.C. 13:59-1.1.

§ 50-16 Time limit of investigation.

The investigation by the Chief of Police authorized by this article shall be completed within 14 days of receipt of the application and the fingerprinting of applicant.

§ 50-17 Approval of membership.

Upon consideration of the recommendation of the Chief of Police as to the suitability or unsuitability of the applicant, and following the appeal of the applicant, if such appeal occurs, the Mayor and Council shall vote to approve or disapprove the application. Only if a majority of the Council approves the application shall an applicant be accepted as a member.