[HISTORY: Derived from Chapter III of the 1972 Revised General Ordinances, as amended through 10-1-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 22.
Fees — See Ch. 88.
[Amended 3-1-2011 by Ord. No. 2011-02]
The Police Department of the Township of Hardyston is hereby established and shall consist of a Chief of Police, not more than one Captain, not more than two Lieutenants, not more than four Sergeants and not more than 14 patrolmen. In addition, there shall be such full-time or part-time dispatchers as may be appointed by the Township Manager, one secretary to the Chief of Police (or secretary/dispatcher) and one records clerk (or clerk/dispatcher). The term "patrolmen" shall include patrol officers, detectives and probationary officers. No new office or position shall be created other than by ordinance.
All members of the Police Department shall be appointed by the Township Manager in accordance with procedures established by the Township Council.
The Police Department shall be under the ultimate control of the Township Council and the administrative direction of the Township Manager.
The Township Council shall establish by resolution and may from time to time amend and repeal by resolution such rules and regulations as it deems necessary for the government and efficient working of the entire Department. Rules and regulations, when adopted, shall be posted by the Township Manager within five days after the adoption thereof in the room in the Municipal Building assigned to the Police Department, and a copy thereof delivered to every member of the Department within five days after the adoption of the rules and regulations or any amendment or repeal thereof.
[Amended 9-15-2009 by Ord. No. 2009-11]
A. 
Each applicant for membership in the Department shall be required to comply with all the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Township unless he or she has first been given a probationary or temporary appointment to the office or position 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.
B. 
No person shall be appointed to the Police Department as a regular or probationary member unless he or she is between the age of 21 and 35 years, except as provided by law in the case of veterans. The applicant shall be a citizen of the United States of America.
Each member of the Police Department shall, before entering upon the performance of his or her 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 or her office, which oath or affirmation shall be filed with the Clerk.
A. 
The Chief of Police shall be the executive head of the Police Department and shall be responsible to the Township Manager.
[Amended 4-24-2007 by Ord. No. 2007-06]
(1) 
In the temporary absence or disability of the Chief of Police, he or she shall appoint, with the consent of the Township Manager, on a temporary basis, a member of the Department to act in his or her place, conferring on him or her the title of “Acting Chief,” that title to be used only for the duration of the temporary appointment. Should the Chief of Police be unable to appoint an Acting Chief, due to disability, unavailability or other reason, the temporary appointment shall be made by the Township Manager.
(2) 
Upon a vacancy in the position due to the retirement, resignation, termination or death of the Chief of Police, the Township Manager may appoint, on a temporary basis, a member of the Department to serve as Acting Chief, that title to be used only for the duration of the temporary appointment. The temporary appointment shall be for such duration as the Township Manager shall determine to be necessary to evaluate the needs of the Township and the Police Department and to identify and appoint a Chief of Police.
B. 
The control and discipline of the Police Department of the Township and its members shall be vested in the Chief of Police and he or she shall have the power to enforce all rules and regulations and any general and special orders or instructions which he or she may, from time to time, promulgate, provided that no special orders or instructions may conflict with the rules and regulations, orders or instructions and may punish the violation by reprimand. Should the Chief deem any violation to be of a sufficiently flagrant nature, he or she shall report the same in writing to the Township Manager with his or her written recommendations with reference to the filing of charges.
C. 
The Chief of Police shall cause to be kept complete records of all matters pertaining to the Department and shall report in writing to the Township Manager for presentation to the Council at its first regular meeting in each month on all matters of importance relative to the Department and make such recommendations as in his or her opinion will increase the efficiency of the Department.
[Amended 7-18-2000 by Ord. No. 2000-14]
D. 
The Chief of Police shall notify the Township Manager whenever he or she intends to leave the Township for 24 hours or more and shall specify the officer or officers who will be in charge of the Department during his or her absence.
E. 
Since the Chief of Police is subject to call in case of emergency at all times, he or she shall advise the senior officer on duty as to where he or she can be reached whenever he or she leaves police headquarters; in addition, where the Chief leaves the Township for any reason between the hours of 8:30 a.m. and 4:30 p.m. prevailing time, he or she shall leave a phone number where he or she may be reached, and such phone number or numbers shall be made available to the Township Manager.
F. 
The Chief of Police shall recommend to the Township Manager, from time to time, the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He or she shall have full charge and control of all the apparatus and equipment of the Department and its assignments and use and shall be held responsible for its care, cleanliness and safekeeping.
G. 
The Chief of Police shall keep close watch of all Department expenditures, making certain that expenditures are within the limits of the appropriations made in the current budget. Whenever it appears that because of a special emergency the amount budgeted to the Department may be exceeded, the Chief of Police shall immediately notify the Township Manager of such possibility.
The Police Department shall:
A. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.
B. 
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 Township for such purposes.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Township, 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.
D. 
Provide proper police attendance and protection at fires.
E. 
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.[1]
[1]
Editor's Note: The last paragraph of original Section 3-8, which concerned conduct of the annual dog canvass and immediately followed this subsection, was deleted 7-18-2000 by Ord. No. 2000-14.
[Amended 7-18-2000 by Ord. No. 2000-14]
A. 
The Township Council may appoint special law enforcement officers for a term not exceeding one year and revoke the appointments without cause or hearing. Special law enforcement officers 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. Those powers, rights and duties shall immediately cease at the expiration of the term for which they were appointed or upon revocation of their appointment. A special officer shall not be issued or carry firearms unless he or she has successfully competed the state-mandated firearms training course or has requalified as provided by law and as directed by the Chief of Police. Resolutions approving the appointment of special police officers shall designate their rate of pay, if any.
B. 
No person shall be appointed as a special law enforcement officer unless he or she has successfully completed the state-mandated training course; is a citizen of the United States; is able to read, write and speak the English language; is physically qualified and of good moral character; and shall not have been convicted of any crime. Every special law enforcement officer shall be fingerprinted and his or her 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 Township Council concerning the eligibility and qualifications of any persons proposed to be appointed a special law enforcement officer.
[Amended 7-18-2000 by Ord. No. 2000-14]
The hours of employment of uniformed members and officers of the Police Department shall be in accordance with the current contract between the Township and the police officers' bargaining unit.[1]
[1]
Editor's Note: Original Sections 3-10.2, Definitions, 3-10.3, Compensation for Emergency Duty, 3-11, Removal and Suspension, and 3-12, Uniforms, which immediately followed this section, were deleted 7-18-2000 by Ord. No. 2000-14.
All firearms which may be provided by the Township shall remain the property of the Township.
All promotions to superior positions in the Police Department shall be made by the Township Manager from the membership of the Department as constituted at the time of promotion and shall be made in accordance with procedures established by the Township Council.
In accordance with the provisions of N.J.S.A. 40A:14-118, the Township Council may from time to time appoint committees or commissions to conduct investigations of the operations of the police force, and may delegate to such committees or commissions such powers of inquiry as the Council deems necessary, or to conduct such hearing or investigation as authorized by law. Nothing herein contained shall prevent the Township Manager who is 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 shall infringe on or limit the power or duty of the Township Manager to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
[Amended 3-20-2007 by Ord. No. 2007-03]
Whenever the Chief of Police authorizes the assignment of a Township police officer or a special officer to a quasi-public duty, the party requesting the service shall pay the Township fees as set forth in Chapter 88, Fees, § 88-4. A fee shall be paid in accordance with that same section if a patrol vehicle is needed.