It is hereby authorized and established that
the Marlboro Township Fire Department be composed of four companies
to be known as "Marlboro Fire Company, Inc.," "Morganville Independent
Fire Co., Inc.," "Morganville Volunteer Fire Co. No. 1, Inc.," "Robertsville
Volunteer Fire Co. No. 1, Inc.," and such additional companies as
the Mayor and Township Council may authorize and approve.
No person shall hereafter become a member of
the Fire Department of the Township of Marlboro or any unit thereof
unless above the age of 18 and not over the age of 45, a citizen of
the United States, a resident of the State of New Jersey and having
submitted proof as to good physical condition by a certificate to
that effect by a practicing physician of the State of New Jersey after
physical examination for that purpose, except that this provision
shall not prohibit said Fire Department or any unit thereof from permitting
prospective members, commonly referred to as "junior firemen," between
the ages of 16 and 18, from associating themselves with said Fire
Department or any unit thereof in such capacity as shall be determined
by and according to the discretion of said Fire Department or any
unit thereof. Any such junior firemen, upon reaching the age of 18,
may make application to become a member of the respective Fire Department
or any unit thereof in the same way and manner as hereinabove provided.
Every member of the Fire Department shall, in
each and every year, perform at least 50% of his duty to be composed
of actual attendance and duty at fires and drills, and a record shall
be kept of such attendance and duty by the Chiefs of the respective
fire companies and reported to the municipal officers annually.
Every person seeking to join the Fire Department
shall make application to the company or unit which he desires to
join, and upon his election to membership by a vote of a majority
of the unit present and voting, he shall become a member in good standing
of the fire company after approval of his membership by the Chief
and confirmation by the municipal officers and his name shall be entered
on a roll of firemen kept by the Municipal Clerk.
Each and every fire company in the Township of Marlboro may be permitted to continue any present members and accept new members over the age of 45 in addition to members referred to in §§
183-42 and
183-43 of this article, anything to the contrary herein notwithstanding. Any such members may not be entitled to benefits under the New Jersey State Firemen's Relief Association unless permitted to share therein by virtue of any statute of the State of New Jersey or any rule or regulation of the State Relief Association; otherwise, such person may be accepted and serve as a member of any fire company in the Township of Marlboro subject to the rules and regulations of the respective fire company of which said person is a member.
The within article is enacted for the sole purpose
of establishing and certifying a minimum of supervision and control
of the fire companies of the Township of Marlboro and as required
in accordance with the rules and regulations of the New Jersey State
Firemen's Relief Association in the formation of a Firemen's Relief
Association for the Township of Marlboro and for the issuance of exempt
firemen's certificates, and not otherwise.
Exemption certificates may be issued to members
of the Fire Department who shall have served seven years in active
duty under municipal control, as required by law.
[Added 5-27-2004 by Ord. No. 2004-9]
A. This section is enacted pursuant to N.J.S.A. 40:42-1
et seq., which directs municipalities to act for the health, welfare
and safety of their citizens and to implement N.J.S.A. 15:8-1.1.
B. "Membership in a volunteer fire company" means membership
in a volunteer fire company organized pursuant to Title 15 of the
Revised Statutes or Title 15A of the New Jersey Statutes; membership
in a volunteer fire company or similar organization constituted in
a fire district pursuant to N.J.S.A. 40A:14-70.1; or nonpaid membership
in a part-time fire department or force established pursuant to Chapter
14 of Title 40A of the New Jersey Statutes.
C. Any person desiring membership in a volunteer fire
company must complete, in duplicate, filing the same with the volunteer
fire company, a form which may be prescribed by the volunteer fire
company but which shall contain the following information about the
applicant:
(6) Any conviction of violation of N.J.S.A. 2C:17-1:
(c)
Failure to control or report a dangerous fire;
or
(d)
Directly or indirectly paying or accepting any
form of consideration for the purpose of starting a fire or explosion;
(7) Any conviction of violation of N.J.S.A. 2C:33-3, False
public alarms;
(8) Any conviction of a crime of disorderly persons; and
(9) Such other information as the volunteer fire company
deems relevant to the application, provided none of such information
is prohibited by law.
D. Following the filing of such application, the volunteer
fire company shall transmit one of the applications to the Chief of
Police of the Township of Marlboro who shall conduct an investigation
to ascertain the truth of the statements made by the applicant upon
his/her application and any such other investigation of the applicant's
background as he deems necessary for the protection of the public
good. If, as a result of such investigation, the applicant is found
to have been convicted of violation of N.J.S.A. 2C:17-1a, b, c and/or
d or N.J.S.A. 2C:33-3 or any other crime or disorderly persons violation
or any other information that would indicate the applicant may be
a threat to the health, safety or welfare of the community, the Chief
of Police shall report such information and the particulars thereof
to the volunteer fire company.
E. In connection with said investigation, the applicant
shall submit to fingerprinting, and the Chief of Police is authorized
to submit the applicant's fingerprint card and receive criminal history
record information from the Division of State Police/State Bureau
of Identification for use in considering the suitability of all applicants
covered under this section.
F. This section is intended to make the volunteer fire
company an authorized agency as defined by N.J.A.C. 13:59-1.1.
G. The above investigation by the Chief of Police shall
be completed within 60 days of receipt of the application and the
fingerprinting of applicant.