Town of Phillipsburg, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency Squad — See Ch. 46.
Fire Department — See Ch. 58.
[Adopted 3-2-1999 by Ord. No. O:99-03 (Ch. 68, Art. I of the 1969 Code)]
[Amended 10-1-2002 by Ord. No. O:2002-24]
A. 
The Fire Department, the Emergency Squad, and the Garden State Underwater Recovery Unit of the Town of Phillipsburg have expressed to the Town Council of the Town of Phillipsburg a need for volunteer incentives due to a problem with volunteer participation in each of those organizations.
B. 
There exists a need for institution of volunteer incentives for the Fire Department, Emergency Squad and the Garden State Underwater Recovery Unit of the Town of Phillipsburg in order to promote participation and to protect the health, safety and welfare of the citizens of the Town of Phillipsburg.
C. 
The following volunteer incentives are instituted as a means of assisting the volunteers of the Fire Department, Emergency Squad and the Garden State Underwater Recovery Unit in connection with the good work that they perform for the citizens of the Town of Phillipsburg.
As used in this article, the following terms shall have the meanings indicated:
FAMILY
An active member, his or her spouse and all natural or adopted children under 21 years of age who are unmarried.
FEES
Those charges established by the governing body of the Town of Phillipsburg which are fully retained by the Town of Phillipsburg as revenue. Specifically excluded is any portion of the fee which is collected by the Town on behalf of another entity, including but not limited to the State of New Jersey, the County of Warren, or any outside vendor.
MEMBER STATUS
An individual member of the volunteer organization;
VOLUNTEER ORGANIZATION
The Phillipsburg Fire Department, the Phillipsburg Emergency Squad, and the Garden State Underwater Recovery Unit.
[Amended 10-1-2002 by Ord. No. O:2002-24]
All members of a volunteer organization and their families shall be entitled to the following benefits:
A. 
Exemption from fees for recreational programs conducted within the Town of Phillipsburg.
B. 
Exemption from the municipal portion of the Uniform Construction Code fees for the issuance of a building permit required in connection with either the construction of an addition or completion of repairs to an existing one- or two-family dwelling owned or the residence of an immediate family member in which the active member of a volunteer organization resides.
[Amended 8-6-2002 by Ord. No. O:2002-14]
C. 
Partial exemption from the municipal portion of the uniform construction code fees, not to exceed a maximum of $500 for the issuance of a building permit required in connection with the construction of a new one- or two-family dwelling to be occupied by the active member of a volunteer organization.
D. 
Exemption from miscellaneous fees, licenses and permits, including but not limited to dog licenses, cat licenses, marriage licenses and Board of Adjustment[1] fees required in connection with applications for either use or bulk variances.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
The Town of Phillipsburg shall, on a yearly basis, establish an awards banquet at which time the Town of Phillipsburg shall recognize an outstanding member of each volunteer organization, and at which time the members of each volunteer organization shall be invited to said banquet which shall be funded by the Town of Phillipsburg.
The Town of Phillipsburg shall issue its own award for an outstanding member of each volunteer organization; said award shall be funded by the Town of Phillipsburg.
The following shall govern the administration of this article:
A. 
On or about January 1 of each calendar year, a volunteer organization shall submit to the Town of Phillipsburg a list of all individuals who meet the definition of member status. Such list shall be updated on a periodic basis by the volunteer organization to add those individuals who have completed their probationary status or to delete individuals who have been dropped from their membership or who no longer met the criteria for member status.
B. 
On a form provided by the Town Clerk, each member shall provide information related to family status to assist the various municipal officials in the administration of this article in order to be eligible for the benefits provided in this section.
C. 
All members and their families must comply with all registration procedures and complete all application forms established by the Town of Phillipsburg.
No exemption shall be allowed for the following fees:
A. 
Fees, licenses and permits associated with any for-profit activity.
B. 
Inclusion in programs when the registration is received after maximum registration has been reached.
C. 
Fees and escrows required by either the Planning Board or Board of Adjustment[1] in connection with any site plan or subdivision application.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
D. 
Escrows associated with engineering inspections.
E. 
Posting of performance guaranties where required or permitted by law.
[Adopted 1-17-2006 by Ord. No. O:2006-01; amended in its entirety 7-2-2013 by Ord. No. O:2013-12]
[Amended 4-19-2016 by Ord. No. O:2016-08]
A. 
The Town Administrator and/or Clerk and/or Chief of Police, or designee, are hereby authorized and directed to require a criminal history background check of any person, in accordance with N.J.S.A. 40:48-1.4 and 15A:3A-3, for any official governmental purpose, including but not limited to all adults, those persons 18 years of age or older, including, but not limited to, coaches, assistant coaches, umpires, or similar positions involved in educating, directing or supervising youth in a Town-sponsored youth program and those volunteers of a Town-sponsored program involving the elderly or infirm, or those volunteers serving with the fire and rescue operations of the Town. All persons subject to the mandatory criminal history background checks under this article shall submit to background checks in accordance with applicable state and federal laws, rules and regulations. The Town Administrator and/or Clerk and/or Chief of Police are authorized to exchange data with and receive criminal history from the State Bureau of Identification in the Division of the State Police and Federal Bureau of Investigation. Any person who has submitted to a criminal history background check, upon request, shall be permitted to review the results of the check. All fire and squad volunteers who were active prior to enactment of this article shall be exempt and not required to have a criminal history background check. Nothing contained herein shall prohibit any Town-sponsored program from enacting standards greater than those set forth in this article.
B. 
The Town, in its discretion, may charge to any person required to submit to a criminal background check the actual cost paid to outside agencies for obtaining the criminal history or any percentage thereof.
[Amended 4-19-2016 by Ord. No. O:2016-08]
A. 
All adults, those persons 18 years of age or older, including but not limited to coaches, assistant coaches, umpires or similar positions involved in educating, directing or supervising youth in a Town-sponsored youth program, or in a Town-sponsored program involving the elderly or infirm, or those volunteers serving with the fire and rescue operations of the Town, shall submit required information for the purpose of obtaining a criminal history background check with the State Bureau of Identification in the New Jersey State Police pursuant to N.J.S.A. 15A:3A-3 to the Director of Recreation, Town Administrator, Town Clerk, Chief of Police which may be done directly or submitted during scheduled "Youth Sports Day" events held at the Joseph Firth Youth Center.
B. 
Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police, the Chief of Police of the Town of Phillipsburg or his designee shall notify the applicant, as well as the appropriate department head or volunteer organization of affirmative or negative results.
C. 
In the event the criminal background check reveals any prior convictions for crimes or offenses set forth in N.J.S.A. 15A:3A-3, that individual shall be prohibited from participating in any Town-sponsored youth programs or Town-sponsored programs involving the elderly or infirm, or with serving with the fire and rescue operations of the Town, subject to the appeal process set forth below.
D. 
Not less than 30 days prior to the start of the Town-sponsored activity, the head of each volunteer organization must submit to the Director of the Recreation Department, the Chief of Police and the Town Clerk, a certified list of volunteers who the volunteer organization expects to be involved in the activities with the youth, elderly or infirm, or with fire and rescue operations. In the case of a Town-sponsored youth program, the Director of the Recreation Department shall not release equipment to a volunteer organization until such time as all identified participants have demonstrated compliance with § 140-9A.
E. 
All volunteers who successfully pass a background check shall be permitted to participate in the Town-sponsored youth programs or Town-sponsored program involving the elderly or infirm or participate as a volunteer serving with the fire and rescue operations of the Town, as the case may be. For those volunteers participating in a Town-sponsored youth event, the Town shall issue identification badges indicating that the volunteer has successfully passed the background check. Each volunteer shall be required to display, at all times, the identification badge whenever he/she is participating in the Town-sponsored youth program, whether practice, game or otherwise, unless the display of the identification badge would interfere with a coaching activity. In that instance, the volunteer shall have identification badge readily accessible and shall promptly display the identification badge when it does no longer interfere with the coaching activity. The Director of Recreation shall be responsible for ensuring compliance with this requirement.
F. 
Refusal by individuals required to submit the background checks or a refusal to display the identification badge upon request as to Town-sponsored youth programs will result in a disqualification of the individual from any Town-sponsored activity requiring background checks.
G. 
In the event that a volunteer continues to participate in a Town-sponsored youth program requiring background checks despite being advised of the inability to do so, the Director of the Recreation Department shall prohibit, in her sole discretion, the use of Town fields and equipment by the offending youth organization until such time as the youth organization prohibits the ineligible volunteer from participating in the Town-sponsored program or the ineligible volunteer is made eligible as set forth in this article.
H. 
All criminal background checks shall be filed and maintained in a secure and locked cabinet or room and shall not be available to the public. The records shall be exempt from public disclosure under the common law or the New Jersey Right to Know Law.[1] The records shall only be retained for such period as is necessary to serve their intended and authorized purpose, and in conformance with the State of New Jersey Division Retention Schedule.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
I. 
All Town-sponsored programs that have individuals subject to this article shall ensure that background checks are renewed no less than every three years.
J. 
If the criminal history background check will result in the disqualification of a volunteer or applicant for any reason, such person shall be provided an opportunity to challenge the accuracy of the information contained therein. The person shall be afforded a reasonable period of time to correct the record and provide an amended record. Failure to do so within a reasonable period shall result in disqualification.
K. 
The Administrator, or in the case of a vacancy in the position of the Administrator, the Mayor, is hereby designated as the person for any appeal that is brought forth by any person deemed disqualified as a result of a criminal history background check. The person shall have 30 days from receipt of the notice of disqualification to petition the Administrator for a review.
L. 
A current volunteer or applicant for a volunteer position need not be automatically disqualified from serving as a volunteer on the basis of a conviction disclosed in a criminal history background check if said person has affirmatively demonstrated to the Administrator clear and convincing evidence of his or her rehabilitation. The Administrator may consider the following factors:
(1) 
The nature and responsibility of the position which the convicted person would hold;
(2) 
The nature and seriousness of the offense;
(3) 
The circumstances under which the offense occurred;
(4) 
The date of the offense;
(5) 
The age of the person when the offense was committed;
(6) 
Whether the offense was an isolated or repeated incident;
(7) 
Any social conditions which may have contributed to the offense; and
(8) 
Including, but not limited to, any evidence of rehabilitation, including good conduct, counseling or psychiatric treatment received.