Borough of Stanhope, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 6-28-1988 by Ord. No. 1988-10. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 15.
Emergency services personnel — See Ch. 32, Art. IV.
Pursuant to the provisions of N.J.S.A. 40A:14-118 et seq., the Police Department of the Borough of Stanhope is hereby established. Said Department shall consist of a Chief of Police, Police Sergeant and such other patrolmen, probationary officers, police matrons, crossing guards and such clerks and other officers and employees as the Mayor and Borough Council may from time to time provide for.
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.
A. 
Governing body. The appropriate authority, as defined by N.J.S.A. 40A:14-188, shall be the Mayor and Council, whose decision upon all matters affecting the Department shall be final. It may delegate certain powers to the Administrator as set forth in Chapter 2 of the Code of the Borough of Stanhope.
B. 
Public Safety Committee. The Mayor shall annually appoint a Public Safety Committee consisting of three members selected from the Borough Council. The Mayor shall designate one of them as Chairman.
C. 
Police Chief. All other members of the Police Department and all employees of said Department and special police shall be under the control and supervision of the Chief of Police, who shall be responsible for the discipline of and due performance of duty by all officers, members and employees of the Department.
A. 
Except as otherwise provided by law, no person shall be appointed as a member of the Police Department and force unless he:
(1) 
Is citizen of the United States.
(2) 
Is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and Firemen's Retirement System of New Jersey as to his eligibility for membership in the retirement system.
(3) 
Is able to read, write and speak the English language well and intelligently.
(4) 
Is of good moral character and has not been convicted of any criminal offense involving moral turpitude.
(5) 
Is psychologically qualified for the position of police officer. Said qualification shall be determined by a psychological evaluation to be conducted either prior to or subsequent to being appointed to the position of police officer. Every applicant for employment shall submit to an examination by a licensed psychologist of the Borough's choosing to determine the psychological fitness of the applicant for employment as a police officer. The results of the examination shall be acceptable to the Borough in the Borough's sole discretion. In the event that the psychological examination has not been completed at the time of appointment to the Stanhope Borough Police Department, said appointment shall remain provisional pending the completion of the required satisfactory psychological examination.
[Added 12-18-2001 by Ord. No. 2001-8]
B. 
Every appointee to the Police Department shall comply with all of the laws of the State of New Jersey pertaining to qualifications of police officers. No person shall be given or accept a permanent appointment as a police officer in the Borough unless such person 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 in the State of New Jersey, pursuant to the provisions of Chapter 56 of the Laws of 1959, as the same may from time to time be amended and supplemented.
C. 
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 between the ages of 18 and 35 years, except as provided by law in the case of veterans.
D. 
Police Sergeant. No person shall be appointed to the position of Sergeant of Police unless he has, in addition to all statutory requirements:
(1) 
Successfully completed the Municipal Police Academy course.
(2) 
Served satisfactorily as a police officer with a Municipal Police Department within the State of New Jersey for a continuous period of at least three years.
(3) 
Graduated from high school or obtained a certificate of equivalency thereof.
E. 
Chief of Police. No person shall be appointed to the position of Chief of Police unless he has, in addition to all statutory requirements:
(1) 
Successfully completed the Municipal Police Academy course.
(2) 
Graduated from high school or obtained a certificate of equivalency thereof.
(3) 
Served satisfactorily in a supervisory capacity with a Municipal Police Department within the State of New Jersey at the rank of Sergeant or higher or a position of comparable responsibility for a continuous period of at least five years.
(4) 
Has a thorough knowledge of the criminal statutes and laws of the state and shall have the ability to prepare reports and direct and administer the Police Department.
F. 
As a condition of promotion within the Police Department, every employee being promoted shall be psychologically qualified for the position the employee is being promoted to. Said qualification shall be determined by a psychological evaluation to be conducted either prior to or subsequent to being promoted to the position in question. Every employee being promoted shall submit to an examination by a licensed psychologist of the Borough's choosing to determine the psychological fitness of the employee for the position which the employee is being promoted to. The results of the examination shall be acceptable to the Borough in the Borough's sole discretion. In the event that the psychological examination has not been completed at the time of the promotion, said promotion shall remain provisional pending the completion of the required satisfactory psychological examination.
[Added 7-30-2002 by Ord. No. 2002-6]
A. 
Chief of Police.
(1) 
In accordance with the provisions of N.J.S.A. 40A:14-118, the Chief of Police shall be the head of the police force, and he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and he shall, pursuant to policies established by the appropriate authority:
(a) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel.
(b) 
Have, exercise and discharge the functions, powers and duties of the force.
(c) 
Prescribe the duties and assignments of all subordinates and other personnel under his jurisdiction.
(d) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision. (e) Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority.
(e) 
He shall have such other powers and perform such other duties as may be provided in the Department regulations enacted by the Mayor and Council.
(f) 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
(2) 
Nothing herein contained shall prevent the appointment by the governing body of committees or commissions to conduct investigations of the operation of the police force and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority or any executive or administrative officer charged with the general administrative responsibilities within the municipality from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
B. 
Police Sergeant. The Police Sergeant shall have such powers and perform such duties as may be assigned by his superior officers, as well as such powers and duties as may be prescribed by the Department regulations enacted by the Mayor and Council.
C. 
Duties of Department. The Police Department shall, through its Chief, in addition to those duties and responsibilities prescribed by New Jersey statutes and/or which may be further provided in rules and regulations:
(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; protect the safety and facilitate the convenience of motorists and pedestrians; and make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purpose.
(3) 
Enforce the laws and ordinances in effect within the Borough of Stanhope and prevent the violation of them by any person; apprehend and arrest all persons legally charged with violations of any law or ordinance.
(4) 
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 municipal license or permit and report thereon to the appropriate department.
(5) 
Provide proper police attendance and protection at fires and emergency ambulance calls.
(6) 
Provide for the attendance of policemen or civilian employees 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.
A. 
There is hereby established within the Police Department of the Borough of Stanhope a branch or Division, which shall be known as the "Detective Division." Said Division shall consist of such police officers who are members of the Borough Police Department as may be deemed necessary by the appropriate authority for the efficient operation of the Division.
B. 
Members of the Borough of Stanhope Police Department may be assigned to and reassigned from the Detective Division by the Chief of Police with the approval of the appropriate authority. Assignment to and reassignment from the Detective Division shall in no way affect the existing status, title, seniority or rights of such members of the Police Department so assigned or reassigned, nor shall the creation of the Detective Division and the assignment of members of the Police Department thereto constitute the creation of a new office or rank within the Police Department.
C. 
The Detective Division shall be in charge of all investigative activities of the Police Department under the direction of the Chief of Police and shall be responsible to and receive orders only from the Chief of Police or, in his absence or incapacity, the officer in charge of the Department.
D. 
The Detective Division shall be charged with such duties and responsibilities and shall perform such functions as may be prescribed by the Department regulations enacted by the Mayor and Council.
E. 
Division records shall be maintained separately from other Police Department records and shall not be removed except in the normal conduct of official police business and may be destroyed only as prescribed by law. Access to the files may be granted only by the Chief or the senior officer within the Division.
F. 
It shall be the responsibility of the Detective Division to ensure that photographs and fingerprints of all arrested persons, when required by law, are recorded and maintained in the Division's files. The Division may utilize its own officers or those assigned elsewhere within the Police Department for this purpose, subject to the approval of the Chief.
A. 
Each permanent member of the Police Department shall hold office and continue employment during good behavior and efficiency, and no such person shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, nonresidence when residence is required, conduct unbecoming a police officer, disobedience of the rules and regulations established or hereafter established for the Department.
B. 
Any member of the Department may be suspended, removed, fined or reduced in rank for just cause upon due notice and service of written charges and a hearing as required by law.
C. 
All disciplinary procedures, including but not necessarily limited to investigations, notices, hearings, actions and appeals, shall be in accordance with the rules and regulations as adopted by the Mayor and Council, N.J.S.A. 40A:14-147 through 40A:14-151 and the Civil Service Law.
D. 
In any instance wherein the Chief is the subject of investigation and disciplinary procedures pursuant thereto, the Administrator shall conduct the investigation and bring charges as applicable. The Public Safety Committee itself shall conduct any hearings deemed necessary, but the Mayor and Council shall impose such penalties as may be recommended. The Chief shall have the same right of due process as any other officer or employee of the Department.
E. 
As provided by N.J.S.A. 40A:14-118, and except as otherwise provided by law, any permanent member or officer of such Police Department and force who shall be absent from duty without just cause or leave of absence for a continuous period of five days shall cease to be a member of such Police Department and force.
A. 
Uniforms and equipment of the Police Department shall be furnished by the Borough and remain its property. Such uniforms and equipment shall be issued by the Chief of Police, who shall take a receipt from the members obtaining the property. The members of the Department receiving uniforms and equipment shall be responsible for the same and, upon leaving the service for any cause, shall turn in to the Chief of Police all property belonging to the Borough. The reasonable value of any property, including uniforms and equipment not returned, shall be deducted from the amount of salary or wages due such member. Requests for replacements of uniforms shall be made by members to the Chief of Police, and the Chief of Police shall make application therefor to the appropriate authority.
B. 
The members of the Police Department shall, when on duty, wear such uniforms and equipment as shall be approved from time to time by the appropriate authority and shall at all times present a neat, clean and respectable appearance.
For copies of all official reports, for the taking of fingerprints where required, for any type of application for a permit issued by the Borough and for copies of all other public documents, the Police Department shall charge such fees as may be from time to time fixed and established by resolution of the Mayor and Council; provided, however, that no fee shall be charged to any local, county, state or federal law enforcement agency. Reviewing of reports, photostats or reports and viewing of accident photographs will be conducted at the police headquarters in the Municipal Building daily from Monday to Friday between the hours of 9:00 a.m. and 4:00 p.m.
A receipt shall be issued for all moneys received by the Police Department for services extended and material distributed by the Police Department. All fees collected are to be transmitted to the Borough Treasurer within 48 hours.
A. 
Provision; number authorized; term.
(1) 
Pursuant to New Jersey statutory authority, the Borough of Stanhope does hereby provide for the appointment of special law enforcement officers (special officers) of the First and Second Class, sufficient to perform the duties and responsibilities permitted by statute and as shall be assigned by the Chief of Police from time to time.
(2) 
The Department shall be authorized special officers of the First Class not to exceed five and special officers of the Second Class not to exceed eight.
[Amended 7-26-1988 by Ord. No. 1988-24]
(3) 
Special officers shall be appointed annually by the Mayor and Council on the recommendation of the Chief of Police, for terms of one year, and said appointments may be revoked by the Mayor and Council for cause after adequate hearing. Special officers so appointed shall not be members of the Police Department.
B. 
Qualifications. No person shall be appointed a special officer unless he:
(1) 
Is a resident of the State of New Jersey 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 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/her unfit to perform the duties of special officer.
(6) 
Has successfully undergone the same psychological testing that is required of all full-time police officers.
(7) 
The Chief of Police shall have had the applicant fingerprinted as required by statute, conducted a background investigation of the applicant to determine the eligibility and qualifications of the applicant and reported these determinations, in writing, to the Mayor and Borough Council.
C. 
Training course: firearms. No special officer shall commence his duties until he has completed the training as required under N.J.S.A. 40A:14-146.11, or as amended from time to time.
D. 
Uniform. The uniform of special officers shall be determined by the Chief of Police and shall be in compliance with N.J.S.A. 40A:14-146.12.
E. 
Supervision and direction.
(1) 
A special officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, other superior officer designated by the Chief of Police and shall perform his duties only in the Borough of Stanhope unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey statutes.
(2) 
The special officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Borough of Stanhope, as well as any rules and regulations applicable to the conduct and decorum of special officers.
F. 
Power and authority of special officers.
(1) 
The Chief of Police may authorize special officers of the Second Class, when on duty, to exercise the same powers and authority as permanent, regularly appointed police officers of the Bureau of Police, including but not limited to the carrying of firearms and the power of arrest, subject to rules and regulations, not inconsistent with the certification and requirements of N.J.S.A. 40A:14-146.11 and N.J.S.A. 40A:14-146.4.
(2) 
Special officers of the First Class shall be authorized and have the power to issue summons for disorderly persons and petty disorderly persons offenses, violations of Title 39 of the Revised Statutes, but shall not be assigned duties which may require the carrying or use of a firearm.
G. 
Hours of employment.
(1) 
The Chief of Police may assign special officers of the First and Second Class to perform authorized duties not to exceed 20 hours per week per officer.
(2) 
Special police officers may be assigned without limit during periods of emergency.
(3) 
The Chief of Police may designate one special officer to whom the limitation of hours set forth in Subsection G(1) of this section shall not apply as provided by N.J.S.A. 40A:14-146.16c.
[Amended 11-30-1993 by Ord. No. 1993-25]
A manual governing the conduct of police officers entitled the "Stanhope Police Department Manual of Rules and Regulations" is hereby incorporated in the Code of Stanhope and annexed hereto, without inclusion of the text thereof, as if the same were copied herein in full. Each officer will be issued one copy, and one copy shall remain on file with the Borough Clerk at all times.
[Added 4-24-1990 by Ord. No. 1990-4[1]]
A. 
Application for service required. Any organization, public or private, requiring the services of a uniformed police officer for the performance of quasi-public duty, e.g., security for school functions, construction project traffic control, etc., shall first make application therefor to the Chief of Police, on a form approved by the Chief, at least two weeks prior to the anticipated time of need. The Chief may waive the two-week deadline when there are extenuating circumstances. The request shall stipulate whether a regular officer or a special officer is desired.
B. 
Assignment of duty. The Chief shall make assignments for quasi-public duty on a first-come-first-served basis, depending entirely upon the availability and willingness of the individual officer or officers. No officer shall be obligated to accept such duty.
C. 
Fees. Prior to the provisions of the request service, the requesting agency shall pay a fee to the Borough, for regular officers, in accordance with the rate established by the extant labor contract with the police union; and for special officers, the fee shall be twice the wage rate specified in the extant Salary Ordinance.[2] A surcharge of 10% shall also be assessed for administrative costs incurred by the Borough. All fees shall be turned over to the Borough's Chief Financial Officer for proper disbursement.
[Amended 8-30-1994 by Ord. No. 1994-17]
[2]
Editor's Note: See Ch. 48, Salaries and Compensation.
[1]
Editor's Note: This ordinance also renumbered former § 37-13, Severability, as § 37-14.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.
[Added 7-27-2004 by Ord. No. 2004-6; amended 3-25-2014 by Ord. No. 2014-06]
A. 
The Chief of Police, or his designee, shall conduct all background investigations required by law. All applicants to the Fire Department, First Aid Squad and all persons applying for a commercial license of any nature from the Borough of Stanhope shall be required to submit to a background investigation by the Police Department. All initial background investigations shall include the applicant providing fingerprints to the Police Department. Any renewal application may be conducted by name and other verifying information only. The applicant shall pay to the Borough such cost as may be charged to the Borough by the New Jersey State Police for providing any background investigation to the Stanhope Borough Police Department. Otherwise, any service fee or charge shall be in accordance with the provisions of this Code.
B. 
The Chief of Police, or his designee, shall transmit the results of all required background investigations to the Borough Clerk to be utilized in accordance with the provisions of law and the Borough Code. The results of the background investigation on any applicant to the First Aid Squad shall be transmitted by the Borough Clerk to the Captain of the First Aid Squad.
[Added 5-26-2009 by Ord. No. 2009-05]
Pursuant to the provisions of N.J.S.A. 40A:14-141, there is hereby established the position of Police Chaplain of the Stanhope Borough Police Department. The Mayor and Council, upon the recommendation of the Chief of Police, may appoint an ordained clergyman in good standing in the religious body from which he is selected as Police Chaplin for the Stanhope Borough Police Department. Said Chaplain shall be a member of the Borough Police Department without rank and without salary. The appointment as Police Chaplain shall be on an annual basis with all appointments expiring as of December 31 of each year. The Police Chaplin shall have such duties as are assigned by the Chief of Police.