Borough of Tuckerton, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 4-2-2001 by Ord. No. 5-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Office of Emergency Management — See Ch. 24.
Fire Department — See Ch. 29.
Police Department — See Ch. 64.
A. 
N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:14-156.2, 40A:14-156.3 and 40:8A-1 et seq. authorize municipalities to enter into mutual aid and assistance agreements for police services in case 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, 40A:14-156.1 and 40:8A-1 et seq., there are hereby established mutual aid agreements among and between the Borough of Tuckerton 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 article, 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 or as defined by interlocal agreement. No formal declaration of emergency is required to implement the provisions of the mutual aid or interlocal services 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 and 40:8A-1, et seq.
A participating municipality shall provide police assistance, when a valid request in accordance with this agreement to supply personnel is made, to the extent possible without endangering persons or property within the confines of the providing municipality.
The members of the providing municipality's Police Department 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.
These 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 a response by specially trained regional Emergency Response/Special Weapons and Tactics Team in the event of certain hostage, barricade, sniper, high risk armed apprehensions, terrorist or similar situations occurring within a municipality within the County of Ocean.
Members of the police force of the providing municipality suffering injury, or their legal representatives if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, workers' compensation or other benefits as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.
A. 
A municipality receiving public 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, the reimbursement shall be pursuant to N.J.S.A. 40A:14-l56 and NJ.S.A. 40:8A-1 et seq. or such other terms and conditions for reimbursement specifically agreed to between specific municipalities.
This article shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality when such other participating municipality has adopted an ordinance reciprocal to this one, and such ordinance has become effective in that municipality.
A. 
N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:14-156.2, 40A:14-156.3 and 40:8A-1 et seq. authorize municipalities to enter into mutual aid and assistance agreements for various emergency cases.
B. 
The County of Ocean consists of 33 municipalities, 32 of which have Municipal Police, Fire Departments, or emergency management offices 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 various types of assistance to each other in emergency matters.
C. 
The Township of Berkeley has the Berkeley Emergency Response Team, one of only two hazardous material response teams within the County of Ocean, and each of the aforementioned municipalities in the County of Ocean wish to formalize and refine a practice of hazardous material incident response by entering into a mutual aid (interlocal) agreement.
Pursuant to N.J.S.A. 40A:14-156, 40A:14-156.1 and 40:8A-1, there are hereby established mutual aid (interlocal) agreements among and between Township of Berkeley (providing agency) 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"). This agreement shall apply whenever this municipality may have an emergency within its boundaries requiring additional assistance for protection of life and property regarding the release or potential release of a hazardous material.
For purposes of this article, the term "emergency" shall be defined to include, but not be limited to, situations in which a participating municipality has insufficient resources to control the release or potential release of a hazardous material. Where special expertise or training is required in order to protect life or property, no formal declaration of emergency is required to implement the provisions of the mutual aid (interlocal) agreement.
The Chief or acting head of any emergency service with the participating municipality, including, but not limited to, the Police Department, Fire Department, Office of Emergency Management, Mayor, or chief executive officer is hereby authorized to request assistance.
A participating municipality shall provide qualified manpower assistance in nonspecial expertise areas when a valid request in accordance with this agreement is made. It is understood the providing agency will supply assistance to an extent that will not endanger persons or property within the confines of their municipality. In the event multiple requests for assistance by multiple participating municipalities arises, the providing agency will respond on a first-call, first-response basis.
The members of the providing agency supplying aid shall have the same powers, authority, rights and immunities as the members of any of the emergency services 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.
Members of the providing agency suffering injury, or their legal representatives if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, workers' compensation or other benefits as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.
A municipality receiving hazardous material emergency response assistance hereunder pursuant to the agreement shall not be required to directly reimburse the Berkeley Emergency Response Team. The member municipalities shall, however, otherwise support the function of the team by providing necessary equipment, supplies and reimbursement of fuels consumed on an ongoing annual basis to the Township of Berkeley. The terms and conditions for reimbursement shall be specifically agreed to between the participating municipalities. The member municipality shall provide reimbursement to Berkeley Township for salaries of all participating Berkeley Emergency Response Team members employed by the Township, Berkeley Township Municipal Utilities Authority or Berkeley Township Sewerage Authority while responding to an emergency.
A municipality receiving hazardous material emergency response assistance hereunder from the Berkeley Emergency Response Team agrees to specifically indemnify and defend the Berkeley Emergency Response Team, the Township of Berkeley and any agents, employees or members of the Berkeley Emergency Response Team from any and all claims made whatsoever. It is specifically understood that the Berkeley Emergency Response Team cannot respond to a call to a participating municipality that has not agreed to such indemnification. Whenever a member of the Berkeley Emergency Response Team is a defendant in any action or legal proceeding arising out of, or directly related to, the lawful exercise of his or her duties in the furtherance of hazardous emergency response assistance, the governing body of the requesting participating municipality shall provide such member with the necessary means for the defense of such action or proceeding as if such member were an employee of the participating requesting municipality. Such municipalities shall provide payment of any settlement or judgment entered into as a result of such action filed against any member of the Berkeley Emergency Response Team or the Berkeley Emergency Response Team itself.
This article shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality when such other participating municipality has adopted an ordinance reciprocal to this one, and such ordinance has become effective in that municipality.