[HISTORY: Adopted by the Borough Council of the Borough of Alpine as §§ 4-1 through 4-14 (Ord. No. 93) of the 1970 Revised General Ordinances. Amendments noted where applicable.]
[Amended by Ord. No. 225; 9-26-2001 by Ord. No. 593]
The Police Department of the Borough of Alpine is hereby established and shall consist of a Chief of Police, one Captain, one or more Lieutenants, one or more Sergeants and such other patrolmen, special officers, probationary officers, traffic officers, school traffic officers, officers and employees as the Mayor and Council may from time to time appoint.
All members of the Police Department shall be appointed by the Mayor, with the advice and consent of the Council, to hold office as provided by law.
The Police Department shall be under the control of the Mayor and Council and the Police Committee thereof.
The Mayor shall, each year as soon after the organization of the Council as may be possible, select and designate three members of the Council who shall constitute the Police Committee. He shall name one of the members of the Committee as Chairman and a second member as Vice Chairman, who shall be known as the "Police Commissioner" and "Deputy Police Commissioner," respectively. Subject to the direction of the Police Committee and further subject to the ultimate control of the Mayor and Council, the Police Commissioner or, in case of his absence from the Borough for more than three days, the Deputy Commissioner, shall be in charge and have the supervision and control of the Police Department.
The Mayor and Council shall establish by resolution and may, from time to time, amend and repeal by resolution, such rules and regulations as they may deem necessary for the government and efficient working of the entire Department. The rules and regulations, when adopted, shall be posted by the Police Commissioner within five days after their adoption in the room in the municipal building assigned to the Police Department, and a copy delivered to each member of the Department within five days after their adoption.
Each applicant shall comply with all of the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer unless he has first been given a probationary or temporary appointment to such office for a period of not longer than one year, and has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1959. Each candidate for appointment to the Police Department shall be and is required to submit to such written and oral examination as may be prescribed by the Police Committee and also to submit to a physical examination by a licensed practicing physician of the State of New Jersey designated for such purpose. The character and scope of such examination shall be for the purpose of revealing the extent to which such applicant may be mentally, physically, and otherwise qualified to perform his appropriate duties in the Department. The examinations shall be prepared and conducted at the time and place and by the persons designated by the Mayor and Council. Any applicant who shall fail to attain a grade of 70 in such examination or who shall fail to meet the physical qualifications as may be set up by the Police Committee or, in the opinion of the examining physician, be incapable of performing the duties of a police officer in a safe and efficient manner shall be ineligible for appointment to the Department. The examinations shall, where more than one candidate applies, be competitive, and appointments shall be made from among those who have successfully passed the examination.
No person shall be appointed to the Police Department as a regular or probationary member unless he shall at the time of making application be 18 years of age or older.
[Amended 2-23-2000 by Ord. No. 558]
Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath 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, which oath or affirmation shall be filed with the Borough Clerk.
[Amended by Ord. No. 303]
The Chief of Police shall be the head of the Police Department and shall be responsible to the Police Commissioner. In the temporary absence, terminal leave or the disability of the Chief of Police, the Mayor and Council shall appoint on a temporary basis a member of the Police Department who shall act in his place. The person appointed will bear the title of "Acting Chief" for the duration of the temporary appointment.
The control and discipline of the Police Department of the Borough and of its members shall be vested in the Chief of Police, and he shall have the power to enforce all the rules and regulations herein provided and any general and special orders or instructions which he may from time to time promulgate, provided such rules, regulations, general or special orders or instructions do not conflict with the rules and regulations, orders or instructions issued by resolution of the Mayor and Council or promulgated by the Police Committee. He shall enforce these rules and regulations, orders or instructions, whether promulgated by him or by the Police Committee or by the Mayor and Council, and may punish their violation by reprimand. Should the Chief deem the violation to be of a sufficiently flagrant nature, he shall report the same to the Police Committee with his recommendations with reference to the filing of charges.
The Chief of Police, with the assistance of the other members of the Department who shall be detailed for the purpose, shall keep a complete record as prescribed in the rules and regulations adopted by the Mayor and Council. The Chief of Police shall report in writing to the Chairman of the Police Committee, for presentation to the Mayor and Council at their first regular meeting in each month, on all matters of importance pertaining to the Department and make recommendations which would, in his opinion, increase the efficiency of the Department.
The Chief of Police shall recommend to the Police Committee from time to time the purchase of new equipment or the repair or rearrangement of old equipment so as to increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use, and shall be held responsible for its care, cleanliness and safekeeping.
The Police Department, through its Chief, shall:
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.
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 not inconsistent with the ordinances and resolutions of the Borough for such purposes.
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough.
Provide proper police attendance and protection at fires.
Provide for the attendance of its members in court as 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 governments.
Operate a training program to maintain and improve the police efficiency of the members of the Department.
The Chief, subject to the approval by resolution of the Mayor and Council, may appoint special policemen for a term not exceeding one year, and revoke such appointments without cause or hearing. The special policemen shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. The powers, rights and duties, however, shall immediately cease at the expiration of the term for which the special officers were appointed, or upon revocation of their appointment. They shall not carry a revolver or other weapon at any time, except as otherwise directed by the Chief of Police. The resolution approving appointment of special police officers shall designate the rate of pay, if any.
No person shall be appointed as a special policeman unless he is a citizen of the United States, and is able to read, write and speak the English language. Every such special policeman shall be fingerprinted, and his fingerprints shall be filed with the Division of the State Police and the Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Council concerning the eligibility end qualifications of any person proposed to be appointed a special policeman.
[Amended 2-23-2000 by Ord. No. 558]
The hours of employment of uniformed members of the Police Department shall not exceed eight consecutive hours in any one day, nor 40 hours in any one week; provided that in case of an emergency the officer, board or other official having charge or control of the Police Department or the police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.
Each regular police officer shall hold his office and continue in his said employment during good behavior and efficiency, and no person shall be removed from office or employment for any other causes than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter to be established for the Department or absence from duty without just cause for five days or more.
Any member of the Department 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 Council of the Borough as provided by law.
All members of the Police Department shall provide and maintain in clean and serviceable conditions such wearing apparel and equipment as shall be prescribed by the Police Commissioner. The first uniform shall be furnished at the expense of the Borough.
All firearms which may be provided by the Borough shall remain the property of the Borough.