[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-27-1968; amended in its entirety 9-27-1977 by Ord. No. 798]
[Amended 6-24-1986 by Ord. No. 86-6]
In the event that a volunteer firefighter of the Borough of
Westwood shall die as a result of injuries sustained in the course
of the performance of duties as a member of the Volunteer Fire Department
of the Borough of Westwood, then the surviving spouse shall be eligible
for an annual pension, not to exceed the sum of $5,000, which shall
be payable annually to the surviving spouse until said person's
death or remarriage. In the event that said surviving spouse shall
remarry or die, then said sum of $5,000 shall be divided equally among,
and paid annually to, the minor children, if any, of the deceased
firefighter until the youngest such child shall reach the age of 18,
whereupon the pension shall cease.
[Amended 6-24-1986 by Ord. No. 86-6]
In the event that the deceased firefighter shall leave no surviving
spouse but shall leave a minor child or children under the age of
18 years, then in such event, $5,000 shall be divided equally among,
and paid annually to, such minor child or children. Nothing in this
section shall authorize an increase in any pension heretofore authorized
by ordinance or resolution.
[Amended 6-24-1986 by Ord. No. 86-6]
[Amended 6-24-1986 by Ord. No. 86-6]
The initial payment of such pension shall be made as soon as
funds are made available therefor, and on the first of the month following
the death of such firefighter, if said funds are available.
The date of the first payment of the pension and the total amount
of said pension shall be determined by resolution of the Governing
Body of the Borough of Westwood.
[Adopted 11-23-1971 by Ord. No. 701]
[Amended 8-19-2003 by Ord. No. 03-12]
A.
The Fire Department shall consist of a Chief, Deputy Chief, Senior
Captain, Captain, First Lieutenant, Second Lieutenant, Third Lieutenant,
Fourth Lieutenant and as many firefighters who are citizens of the
United States of America and a resident of the State of New Jersey
for one year.
[Amended 1-18-2011 by Ord. No. 11-04]
B.
As of January 1, 2017, any applicant fully approved by the Board
of Fire Officers and confirmed by the Mayor and Council is considered
an active member of the Westwood Volunteer Fire Department.
[Added 9-19-2017 by Ord. No. 17-25[1]]
C.
Candidates for active membership in the Fire Department must meet
the minimum and maximum age required standards established by the
New Jersey State Firemen's Association. Documented proof of age
must accompany the application.
[Amended 1-18-2011 by Ord. No. 11-04]
D.
An active firefighter, from a fire company or department recognized
by the State of New Jersey, up to 55 years of age may be admitted
to the Westwood Fire Department upon application to a member company
as a transfer, with approval by the Board of Fire Officers and the
Mayor and Council.
The names of all persons elected to membership in the several
companies and proposed as members of the Fire Department shall be
presented to the Board of Fire Officers by a certificate, in writing,
signed by the Captain and Secretary of the company in which they are
selected, to be approved by said Board of Fire Officers previous to
the same being presented for confirmation by the Mayor and Council,
and names not so approved by the Board of Fire Officers shall be presented
to the Mayor and Council for confirmation. All resignations from the
Department shall take the same course as elections and propositions
to membership as above provided for.
[Amended 1-18-2011 by Ord. No. 11-04]
The Chief, together with the Deputy Chief, the Senior Captain,
Captain, First Lieutenant, Second Lieutenant, Third Lieutenant, Fourth
Lieutenant, and the Fire Commissioner shall constitute the Board of
Fire Officers, which shall meet monthly or more frequently for the
transaction of all firematic business of the Department. The Board
shall have ultimate direction over the functions and the activities
of the Department, subject only to the approval of the Mayor and Council
of the Borough of Westwood as herein particularly and specifically
provided. The Fire Commissioner shall have no voting powers at any
Board of Fire Officers meetings.
Any member of the Department who has arrived at the age of 50
years may be retired from services by the Board of Fire Officers on
request of his company, by and with the consent and approval of the
Mayor and Council, and, in like manner, any member of the Department
may be retired and dropped from the roll of active fireman who shall,
in the judgment of said company and Board of Fire Officers and the
Mayor and Council, be physically incapable of active service.
The Board of Fire Officers is hereby authorized, empowered and
required, from time to time hereafter, to direct the Department to
adopt a code of bylaws and rules for the control, management and government
of said Department, and the regulating of the proceedings and business
of said Department, which code or codes of bylaws and rules, after
adoption by such Department, shall not become operative and effective
until first presented to and approved by the Mayor and Council.
[Amended 1-18-2011 by Ord. No. 11-04]
The annual election of the Board of Fire Officers shall be held
on the first Tuesday of December. The Chief and the Deputy Chief shall
be elected annually, by ballot, for the year. The Department officers
must each receive 60% of the vote of those registered. If a candidate
fails to receive 60% of the vote cast, a candidate shall be chosen
until election occurs on said night on which the vote is held. The
Senior Captain, Captain, First Lieutenant, Second Lieutenant, Third
Lieutenant, and Fourth Lieutenant shall be voted upon at the annual
elections in December, by ballot, for a year. Officers must receive
60% of the vote of those registered. If a candidate fails to receive
60% of the votes cast, a candidate shall be chosen until election
occurs on said night on which the vote is held.
[Amended 1-18-2011 by Ord. No. 11-04]
The Chief, Deputy Chief, Senior Captain, Captain and Lieutenants
shall be active members of the Fire Department.
The Mayor and Council shall have the power to remove, for good
cause, the Deputy Chief, Senior Captain, Captain or Lieutenants from
such office.
The firemen in said Borough shall be divided into companies,
each company to consist of not more than 30 members. The following
companies are hereby accepted and shall thereafter constitute the
Westwood Fire Department, namely: Continental Hook and Ladder Company
No. 1, Continental Hose Company No. 1, Westwood Hose Company No. 2
and such other companies as may hereafter be confirmed by the Mayor
and Council upon recommendation of the Board of Fire Officers.
Any member desiring to transfer his membership from one company
to another shall present to the Board of Fire Officers a certificate,
in writing, signed by the Captain and Secretary of the company of
which he is a member, showing the consent of such company to such
transfer and a like certificate from the company to which he is seeking
to be transferred, consenting to his becoming a member thereof. Upon
the receipt of such certificate, the Board of Fire Officers shall
permit or deny such transfer, and the action of such Board shall be
final and conclusive upon confirmation by the Mayor and Council.
Each of the companies of the Department shall choose, out of
their own number, a Secretary, in such manner and such times as the
Board of Fire Officers may, in its rules and bylaws for the government
of the Department, provide and prescribe.
It shall be the duty of the said companies, as often as any
fire shall break out in the limits of the Borough of Westwood, to
repair immediately upon the alarm thereof to the fire headquarters
of the alarm of fire and to convey their apparatus to or near the
place where the fire shall occur, unless otherwise directed by the
Chief or other officer in charge, and upon such direction, they shall
return their apparatus, well washed and cleaned, to the fire headquarters.
Each company of the Department shall hold at least one meeting
a month, at such date as the Board of Fire Officers may, by its bylaws
and rules, prescribe, which meeting shall be held for the purpose
of transacting such business as may be required under such bylaws
and rules of said companies as component parts of the Department.
There shall be held annually one official inspection of the
Department by the Mayor and Council, which shall normally be in the
month of September in each year, unless adjourned for good reason
by the Board of Fire Officers with approval of the Mayor and Council.
A.
The Chief shall have the general supervision of the Department, which
supervision shall be subject to and not in conflict with the rules
and bylaws for the government and management of the Department, as
may from time to time be adopted by the Mayor and Council, as herein
provided, and shall perform such duties as shall devolve upon him
as such by the laws of the state and the ordinances of the Borough
of Westwood.
B.
The Captain of any company in the Department shall have the power
to use any or all of the apparatus of his company at any time for
the purpose of a company drill, except that vehicles shall not be
used for drill purposes without the consent of the Chief.
In all cases of fire, alarms of fire, or any other emergency
function within the realm of duties particular to the Fire Department,
the Chief, or in his absence, the Deputy Chief or the other officers,
by rank, shall have sole and entire command over all members of the
Department, and apparatus belonging to same, and over all other persons
aiding and assisting the Department at emergency incidents and shall
direct all measures he may deem proper for the successful management
of such emergency incidents.
In the event of the absence of all elected officers when an
alarm is sounded, the first qualified member arriving at the firehouse
shall assume the duties of Chief until the arrival of the superior
officer. To serve in the capacity of Acting Chief, a firefighter must
have served a minimum of five years in the fire service, including
three years of Westwood Fire Department active service.
It shall be the duty of the Chief to report monthly to the Mayor
and Council, on its regular meeting night, the condition of the apparatus
and appurtenances, the number of fires during the month, their location
and cause, and the number of members of the Department responding
to the alarms and render to the Mayor and Council, at the annual inspection,
a true inventory of the Borough property of the entire Fire Department.
The Chief, or in his absence, the Deputy Chief or other officer
acting for him at any fire, is hereby empowered to call upon the police
officers of the Borough for such aid as may be necessary for the protection
of property, and said police officers are hereby required to furnish
such protection and assistance when so called upon.
The Chief, Deputy Chief, or other officer in command of a fire
is hereby given full and complete authority and is hereby authorized
and directed to require and secure the removal of any and all obstructions
from, in front of and around fire hydrants and, for that purpose,
is hereby authorized to call upon the Committee of Fire and Water
of the Borough Council for its assistance in securing the removal
of such obstruction.
It shall be the duty of the Secretary of each company to make
a report once a month to the Secretary of the Board of Fire Officers
in accordance with such rules and regulations as may be established
by said Board.
If the Secretary of any company neglects or refuses to make
such report to the Secretary of the Board of Fire Officers as aforesaid,
the Secretary of the Board of Fire Officers shall immediately prefer
charges against such delinquent Secretary in accordance with the rules
and regulations of the Board of Fire Officers.
All requests for repairs or supplies for the various companies of the Department shall be presented to the Secretary of the Board of Fire Officers for the approval or recommendation of such Board by the Secretary of such company at the time the monthly report mentioned in § 30-28 of this article is presented, but in case any apparatus becomes so disabled that immediate repairs are necessary, the Captain, mechanic or other officer in charge of the company operating such apparatus shall immediately report the condition of the same to the Chief, who shall be responsible for the property of the Department. He shall see that trucks, hose and all the other property belonging to the Department are kept constantly in order for immediate and efficient service and shall report immediately to the Fire Board any apparatus which becomes so disabled that immediate repairs are necessary.
The officers in command of the companies shall see that such
apparatus as may be committed to their care by the Borough and all
articles belonging to the Borough are kept neat and clean and ready
for immediate use, that no such articles or equipment are removed
from the firehouse for personal use and that all such items to be
disposed of are done so with the approval of the Fire Commissioner.
They shall preserve order and discipline at all times in their respective
companies while on firematic duty and shall enforce strict compliance
with the rules and regulations of the Department and the orders of
the Chief.
Letters of acceptance by the Mayor and Council showing dates
of election will be granted to all members of the Department.
Exemption certificates will be granted to those members of the
Fire Department who have served the time prescribed by law. Members
will not be granted exemption certificates unless they have the required
time and have also performed the yearly fire duty required by them
for a period equal in years to the number of years required by the
State of New Jersey before exemption can be granted.
Certificates will be ordered by the Borough Council with the
Borough Seal attached upon recommendation of the Chief and the Board
of Fire Officers and will be signed by the Mayor, Clerk and Chief.
Time served and average of membership must be certified to by the
Captain of the company and the Chief.
It shall be the duty of the Borough Clerk to keep a complete
roll of the active and exempt members of the Fire Department, designating
the date of their admission, exemptions, resignations and the respective
companies to which they belong.
All members of the Fire Department shall answer and attend all
alarms of fire within the Borough, as well as all mutual aid alarms
and Department drills.
The officers of the Department shall consist of a Chief, Deputy
Chief, Senior Captain, Captain, First Lieutenant, Second Lieutenant,
Third Lieutenant, and Fourth Lieutenant.
Any member of any company of the Westwood Fire Department, while
on fire duty, who shall refuse or voluntarily neglect to obey or execute
any orders from the officer in charge at any fire shall, for such
offense, be subject to suspension or expulsion, being subject to the
approval of the Mayor and Council.
No person, excepting authorized personnel, shall be allowed
to enter the firehouse and handle any apparatus or implements belonging
to the Department unless accompanied by a member of the Department.
No member of the Department shall lend the Department badge
under the penalty of dismissal, and any member losing his badge shall
purchase one at his own expense subject to the approval of the Chief.
Each and every member of the Fire Department must wear the badge
adopted by the Mayor and Council as part of the dress uniform, and
said badge shall designate the number of the member wearing it. Said
badge shall be the property of the Borough and shall be distributed
to the individual members by the Chief. On resignation, removal, expulsion
or death of any member of the Department, his badge must be returned
to the Chief unless a deceased member is interred in uniform. All
badges are part of the uniform.
A.
No person shall willfully hinder or molest or attempt to do any violence
to any officer or member of the Fire Department, or any other Borough
officer, in the performance of his duty at a fire or in going to or
in returning from a fire or alarm of fire under penalty of a fine
of not more than $200 for each offense.
Any person or persons who shall raise, create or continue a
false alarm of fire shall be guilty of a misdemeanor and subject,
upon conviction, to a fine of not more than $200 for each such offense.
No apparatus shall be taken from the firehouse during any fire
or the report of any fire unless the Chief, Deputy Chief, Captains,
Lieutenants or acting officer shall be present.
A.
No apparatus
shall be let for hire or let in any case except upon consent of the
Fire and Water Committee of the Borough Council.
B.
No fire
apparatus shall be taken out of the limits of the Borough without
permission of the Chief, and then only in case of a fire in a neighboring
municipality or for a parade, drill or contest.
If any company shall vote for the expulsion or suspension of
a member, the result of such vote shall be reported to the Board of
Fire Officers at its next meeting. The expelled or suspended member
shall have the right to appeal before the said Board of Fire Officers
and shall state the cause, if any, why such penalty should not be
confirmed, and in case of the nonappearance of such expelled or suspended
member, or in case his appeal is not sustained, the Chief shall report
his name to the Mayor and Council as expelled or suspended.
A.
All charges for offense or neglect of duty or insubordination while
on duty at a fire or firematic duty that may be preferred against
any company, officer or member of the Department shall be tried and
determined by the Board of Fire Officers, subject, however, to an
appeal from such decision to the Mayor and Council, whose determination
shall be final.
B.
All charges made by an officer, acting officer or member must be
presented in writing to the Chief within 72 hours after the alleged
offense is disclosed, and the Chief shall instruct the Secretary of
the Board of Fire Officers to notify the defendant by registered letter
to appear at the Board of Fire Officers meeting. Notice shall be given
at least 10 days prior to the Board of Fire Officers meeting.
In the event of a vacancy in the office of Chief of Department,
the Board of Fire Officers shall immediately cause to be issued a
notice of election to be held for the purpose of electing a successor
who shall be an active member of the Department, qualified as herein
provided, who, upon such election being made and confirmed by the
Mayor and Council, shall hold office for the remainder of the unexpired
term. In the interim between the occurrence of such vacancy and the
qualification of such successor, the Deputy Chief shall have full
power and shall perform all the duties of the Chief of Department.[2]
It shall be unlawful for any person, persons, corporation or
corporations to interfere with, deface, mutilate or in any way interfere
with any fire apparatus or equipment of the Borough of Westwood or
to ride upon or over any fire hose while the same shall be in use
at any fire, or alarm thereof, or while the same shall be in use or
located upon or across any highway or public place in said Borough
at the instance of said Fire Department or its duly authorized officer
or officers.
[Amended 8-19-2003 by Ord. No. 03-12]
The penalty for each and every violation, as above set forth in § 30-48, shall be a fine of not more than $200 or imprisonment for not more than 60 days, or both, in the discretion of the Judge before whom the matter may be heard.
