[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 4-2-2001
by Ord. No. 5-2001. Amendments noted where applicable.]
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.
