[HISTORY: Adopted by the Township Committee of the Township
of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
A.
N.J.S.A. 40A:14-156.1 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, Township of Eagleswood, 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 Seaside Heights, Borough of Seaside Park, Borough of Ship Bottom, Borough
of South Toms River, Township of Stafford, Borough of Surf City, and Borough
of Tuckerton, which regularly interact and provide assistance to each other
in police-related emergencies.
C.
Each of the aforementioned municipalities in the County
of Ocean wishes to formalize and refine existing practice by entering into
mutual aid agreements.
Pursuant to N.J.S.A. 40A:14-156.1, there are hereby established mutual
aid agreements among and between the Township of Little Egg Harbor 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 shall
have an emergency within its boundaries requiring additional police assistance
to protect life and property, and whenever any of the aforementioned municipalities
may experience a similar emergency.
For purposes of this chapter, the term "emergency" shall be defined
to include situations in which the number of available police officers in
a participating municipality is insufficient to meet the public need in a
particular situation, and situations where police aid involving special expertise
or training is required in order to protect life and property or to assist
in suppressing a riot or disorder. No formal declaration of emergency is required
to implement the provisions of the Mutual Aid Agreement.
The Chief 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.
A participating municipality shall provide police assistance when a
valid request is made to supply personnel in accordance with this agreement,
to the extent possible, without endangering persons or property within the
confines of the providing municipality.
The members of the police department of the municipality supplying aid
shall have the same powers, authority, rights and immunities as the members
of the police force of the requesting municipality 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.
The 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 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 other similar
situations occurring within a municipality in Ocean County.
A member of the police force of the providing municipality who suffers
injury or death while rendering assistance in the requesting municipality,
or the member's legal representative, shall be entitled to all salary, pension
rights, workmen's compensation or other benefits, as the member would have
accrued if such injury or death had occurred in the performance of duties
in his or her own municipality, with such benefits to be the responsibility
of the providing municipality.
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 by 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.
When such other participating municipality has adopted an ordinance
reciprocal to this one, and such ordinance has become effective in that municipality,
it shall become effective with respect to the Township of Little Egg Harbor's
activities with another participating municipality.