Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 27.
First Aid Squad — See Ch. 30.
Police Department — See Ch. 48.

§ 41-1 Statutory authority; findings; purpose.

A. 
This chapter is hereby enacted pursuant to N.J.S.A. 40A:14-156.1, which authorizes municipalities to enter into mutual aid and assistance agreements for police services in cases of emergencies.
B. 
The County of Ocean consists of 33 municipalities, 32 of which have municipal police or fire departments operating for or within the Township of Barnegat, Borough of Barnegat Light, Borough of Bay Head, Borough of Beach Haven, Borough of Beachwood, Township of Berkeley, Township of Brick, Township of Dover, Borough of Harvey Cedars, Borough of Island Heights, Township of Jackson, Township of Lacey, Borough of Lakehurst, Township of Lakewood, Borough of Lavallette, Township of Little Egg Harbor, Township of Long Beach, Township of Manchester, Borough of Mantoloking, Borough of Ocean Gate, Township of Ocean, Borough of Pine Beach, Township of Plumsted, Borough of Point Pleasant, Borough of Point Pleasant Beach, Borough of Lavallette, Borough of Seaside Park, Borough of Ship Bottom, Borough of South Toms River, Township of Stafford, Borough of Surf City, Borough of Tuckerton, and Township of Eagleswood, which regularly interact and provide assistance to each other in police-related emergencies.
C. 
The Borough of Lavallette, together with each of the aforementioned municipalities in the County of Ocean, has agreed to formalize and refine existing practice by entering into mutual aid agreements.

§ 41-2 Mutual aid agreements established.

Pursuant to N.J.S.A. 40A:14-156 et seq., there are hereby established mutual aid agreements among and between this municipality and each of the aforementioned municipalities in the County of Ocean, New Jersey, which shall become effective upon the adoption by one or more of the aforementioned municipalities (hereinafter referred to as “participating municipalities”) of reciprocal ordinances to provide mutual aid in police services in case of emergency. This agreement shall apply whenever this municipality has an emergency within its boundaries requiring additional police assistance to protect life and property, and whenever any of the aforementioned municipalities experiences a similar emergency.

§ 41-3 “Emergency” defined; no formal declaration necessary.

A. 
For the purposes of this chapter, the term “emergency” shall include:
(1) 
Situations in which the number of available police officers in a participating municipality is insufficient to meet with public need in order to protect life and property;
(2) 
Situations where police aid is required to satisfy a need for special expertise or training in order to protect life and property; or
(3) 
Situations of riot or disorder in which assistance is needed to suppress said riot or disorder.
B. 
No formal declaration of emergency is required to implement the provisions of the mutual aid agreement.

§ 41-4 Requests for assistance.

The Director of Public Safety, Chief of Police or acting head of the Police Department or Mayor, or chief executive officer of a participating municipality, is hereby authorized to request assistance from the chief or other head of the police department of any other participating municipality to provide aid in accordance with N.J.S.A. 40A:14-156 et seq.

§ 41-5 Provisions of assistance.

A participating municipality shall provide police assistance when a valid request, in accordance with this agreement, to supply personnel is made to the extent possible without endangering persons or property within the confines of the providing municipality.

§ 41-6 Powers, rights and immunities.

The members of the providing municipality's police department supplying aid shall have the same powers, authority, rights and immunities as the members of the police force of the municipality requesting assistance when aid is being rendered therein. Said members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality rendering such assistance.

§ 41-7 County Critical Incident Management Plan.

These mutual aid agreements established herein, by and between the aforementioned municipalities in the County of Ocean, shall further authorize mutual police aid and assistance under the County Critical Incident Management Plan as established by the Ocean County Prosecutor as the chief law enforcement official in the County. The plan provides for a response by a specially trained regional Emergency Response/Special Weapons and Tactics Team in the event of certain hostage, barricade, sniper, high-risk armed apprehensions, terrorist or similar situations occurring within a municipality within the County of Ocean.

§ 41-8 Entitlement to benefits upon injury or death.

Members of the police force of the providing municipality suffering injury, or their legal representatives, if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, workers' compensation or other benefits as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.

§ 41-9 Reimbursement.

A. 
A municipality receiving police assistance hereunder pursuant to the terms of the County Critical Incident Management Plan shall not be required to directly reimburse the regional team for services so provided. The member municipalities shall however otherwise support the function of the respective regional response teams providing the necessary manpower, equipment and supplies on an ongoing annual basis pursuant to the terms of the County Critical Incident Management Plan.
B. 
Where emergency police aid is otherwise provided under circumstances outside of the County Critical Incident Management Plan, reimbursement shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and conditions for reimbursement specifically agreed to between specific municipalities.