[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 9-17-2014 by Ord. No.
530-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 43.
There is hereby created in the Township of Weymouth a single
fire district to be hereinafter known and designated as "Fire District
of the Township of Weymouth, Atlantic County" pursuant to the provisions
of N.J.S.A. 40A:14-70 et seq., and the various amendments and supplements
thereto.
The geographic boundary of said Fire District shall be identical
with the geographic boundary of the Township of Weymouth as now established
or hereafter changed.
Pursuant to the statutes of the State of New Jersey in such
case made and provided, the legal voters of the respective Fire District
aforesaid shall by ballot determine the amount of money to be raised
for the ensuing year, and elect in said Fire District a Board of Fire
Commissioners to consist of five persons in accordance with the provision
of the said statutes.
The said Board of Fire Commissioners shall be responsible for
the administration of the Fire District pursuant to the provisions
of N.J.S.A. 40A:14-70 et seq., in such case made and provided.
The nomination of Commissioners by verified petition; the form
and content of the said petitions, the candidates' consent, the
verification of each nominating petition and the time for filing the
said nominating petitions; the order of names and content of the ballot
and the printing thereof; the furnishing of poll books; the advertisement
of the notice of election; the appointment of two tellers in each
polling place; and the canvassing of the votes cast shall be governed
by any and all provisions of N.J.S.A. 40A:14-70 et seq.
On a date in 2014 to be set by a future resolution of the Weymouth
Township Committee, the legal voters shall appear at the Dorothy Volunteer
Fire House in the Township of Weymouth at which time they shall elect
an initial Board of Fire Commissioners consisting of five persons
resident in such District. Thereafter, pursuant to N.J.S.A. 40A:14-70
et seq., the annual election of the Board of Fire Commissioners (the
"Board") shall be held on the third Saturday in February between the
hours of 2:00 p.m. and 9:00 p.m. The hours for the annual election
may be extended, but not reduced, by the Board of Fire Commissioners
at its discretion. At the annual election, Fire Commissioners shall
be elected and Fire District appropriation questions or other public
questions relating to the Fire District may be placed on the ballot.
At the first meeting of the initially elected Board, the Board
shall choose a Chairman of the Board. The members of the initially
elected Board shall, at the first meeting of the Board, divide themselves
by lot into three classes: The first shall consist of two members
who shall serve for terms of one year; the second shall consist of
two members who shall serve for terms of two years; and the third
shall consist of one member who shall serve for a term of three years.
Upon the expiration of the respective initial terms, their successors
shall be elected for terms of three years.
Any vacancy upon the Board shall be filled by the remaining
members of the Board until the next succeeding annual election, at
which election a person shall be elected for the unexpired term.
Persons elected to the initial Board shall assume the responsibilities
of their elected offices on a date to be specified by a resolution
of the Township Committee.
At the election held annually for the election of members of
the Board, the voters shall vote upon the budget proposed by the Board
for the ensuing year and such other matters as may be required pursuant
to the provisions of N.J.S.A. 40A:14-70 et seq.
The Township Clerk shall cause a further notice of the holding
of the initial election and of the annual elections to be published
at least once, not later than 10 days prior thereto, in a newspaper
circulating in the Township.
Before the opening of the polls, a public proclamation shall
be made by the Township Clerk as to the initial election of the Board,
and by the Chairman or the Clerk of the Board as to each subsequent
annual election, or his or their representative, as to the purpose
of the voting. Two tellers for each polling place shall be appointed
by the Township Clerk for the initial election of the Board and by
the Chairman or Clerk of the Board for each subsequent annual election,
and thereupon the polls shall be opened and the balloting shall continue
without recess until the closing of the polls. Immediately after the
close of the polls, the Clerk and tellers shall forthwith canvass
the votes and certify the results. The Clerk shall publicly announce
the results.
A.
The Board shall certify the amount of money voted at the annual Fire
District budget hearing to the Township Assessor, who shall assess
the amount thereof against the taxable property in the same manner
as municipal taxes are assessed, and the amount shall be assessed,
levied and collected at the same time and in the same manner as other
municipal taxes.
C.
The Township Tax Collector shall pay over all moneys so assessed
to the Treasurer or Custodian of Funds of the Board in the following
manner: 1/4 on or before the 15th of February
in the year for which such taxes are levied, 1/4 on or before the
15th of May in the year for which taxes
are levied, 1/4 on or before the 15th of
August in the year for which taxes are levied, and the final 1/4 on
or before the 15th of November in the year
for which taxes are levied, to be held and expended for the purpose
of providing and maintaining means for extinguishing fires in the
Township.
D.
The Board may also pay back or cause to be paid back to the Township
any funds or any part thereof paid to the Treasurer or Custodian of
Funds of the Board by the Collector of Taxes or the Township Treasurer
representing taxes levied for Fire District purposes but not actually
collected in cash by the Township Tax Collector.
The Board shall designate, from among its members, a Vice Chairman,
a Secretary and a Treasurer for terms of office of one year.
Members of the Board shall serve on a volunteer basis absent
salaries, benefits or other forms of direct or indirect compensation
of any kind.
The members of the Board shall have the powers, duties and functions
within the Fire District to the same extent granted to municipalities
by laws of the State of New Jersey relating to the prevention and
extinguishment of fires and the regulation of fire hazards. Nothing
contained herein shall be deemed to affect the powers, duties and
functions of the State Department of Environmental Protection pertaining
to forest fire services. All powers, duties and functions of the Board
of Fire Commissioners shall follow the provisions of N.J.S.A. 40A:14-70
et seq.
A.
The Commissioners of the Fire District may, by resolution, establish paid positions within the Fire District, as such positions shall be determined by the Commissioners to be required for the purposes of the Fire District. The Commissioners shall, by resolution, appoint persons to determine the terms of, fix the compensation for, and prescribe the powers, functions and duties of all paid positions so established. For the purposes of this section, a paid position shall mean any position for which any compensation is provided by the Fire District other than reimbursement for expenses and losses actually incurred in the performance of duties. No Commissioner may fill or occupy any paid position whatsoever within the Fire District pursuant to § 44-16 of this chapter.
B.
Every resolution proposed pursuant to Subsection A of this section, after being introduced and having passed a first reading, which may be by title, shall be published in full at least once in a newspaper having substantial circulation in the Fire District, together with a notice of the introduction thereof and the time and place when and where it will be considered for final passage. Such publication shall appear at least one week prior to the time fixed for further consideration for final passage.
C.
At the time and place stated in the publication, or at any time and
place to which the meeting for the further consideration of the resolution
shall from time to time be adjourned, all persons interested shall
be given an opportunity to be heard concerning the resolution. The
opportunity to be heard shall include the right to ask pertinent questions
concerning the resolution by any resident of the Fire District or
by any other person affected by the resolution. Final passage of the
resolution shall be at least 10 days after the first reading.
D.
Upon the opening of the hearing, the resolution shall be given a
second reading, which may be by title, and may thereafter be passed
with or without amendment, or rejected. At least one week prior to
second reading, a copy of the resolution shall be posted in such public
place as notices are usually posted in the District, and copies shall
be made available to each person requesting a copy during said week
and during the hearing. No amendment to such resolution shall be adopted,
unless such amendment is presented in written form to the Fire Commissioners
and copies made available to each person requesting a copy at the
meeting at which the amendment is considered.
E.
Upon passage, every such resolution, or the title, together with
a notice of the date of passage or approval, or both, shall be published
at least once in a newspaper having substantial circulation in the
Fire District.
The Board shall contract with the Dorothy Volunteer Fire Company
for the purposes of providing fire protection and EMS services within
the Fire District upon those terms and conditions that shall be deemed
proper by the Board and the Dorothy Volunteer Fire Company. The terms
and conditions of any contract between the Board and the Dorothy Volunteer
Fire Company shall be reviewed and approved by the State Division
of Local Government Services prior to taking effect. The members of
the Dorothy Volunteer Fire Company shall be under the supervision
and control of the Board when performing fire prevention services
and duties pursuant to a contact with the Board and shall be deemed
to be exercising a governmental function.
If any article, section, subdivision, sentence, clause or phrase
of this chapter shall be held to be invalid for any reason, such decision
shall not affect the remaining portions of this chapter.
All ordinances or parts thereof or resolutions inconsistent
with the provisions of this chapter are hereby repealed to the extent
of their inconsistency. Nothing in this chapter, however, shall affect
the rights and tenure of any elected official.
This chapter shall take effect immediately following its advertisement,
public hearing and adoption in accordance with the manner prescribed
by law.
