[HISTORY: Adopted by the Mayor and Township
Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No.
3884-04. Amendments noted where applicable.]
A.
N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:14-156.2 and
40A:14-156.3 authorize 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 Toms River, 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, Borough
of Tuckerton and Township of Eagleswood, which regularly interact
and provide assistance to each other in police-related emergencies.
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1
et seq., there are hereby established mutual aid agreements among
and between this municipality 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 may 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 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 police assistance hereunder
pursuant to the terms of the County Critical Incidental 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 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.
This chapter 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.