[Amended 6-24-1987 by Ord. No. 51-1987; 11-1-1989 by Ord. No.
53-1989; 11-18-1998 by Ord. No. 64-1998; 2-11-2010 by Ord. No.
16-2010]
There shall be established a Department of Public Safety. Within
the Department of Public Safety there shall be a Division of Fire
and Division of Police.
The police force heretofore established by ordinance[1] is continued as the Division of Police and is subject
to all laws and ordinances relating to a municipal police department.
The head of the Division shall be the Public Safety Director who shall
be appointed by the Mayor and shall be the executive head of the Division.
The Division of Police shall, within the City, preserve the
peace, protect life and property and prevent and detect crime. It
shall have all the functions, powers and duties prescribed by law
for a municipal police department, generally, or by any provision
of the chapter and ordinances relating to the City Police Department,
Public Safety Director, Chief of Police or the officers and persons
of the Department.
A.
The police force is established by authority of the City ordinance, Chapter 52, Article 1, of this Code. The police force is continued as to the Division of Police and is subject to all laws and ordinances relating to a municipal police department. The head of the Division shall be the Public Safety Director.
B.
Authority. The powers and duties of the Division of Police are established by authority of Chapter 52, Article I. The Division of Police shall, within the City, preserve the peace, protect life and property and prevent and detect crime. It shall have all the functions, powers and duties described by law for a municipal police department generally, or by any provision of the chapter and ordinances relating to the City Police Department, Public Safety Director, Chief of Police or the officers and men and women of the Department. The Division of Police shall:
(1)
Preserve the public peace, prevent crime, detect and arrest offenders
against the penal laws and ordinances effective within the City, suppress
riots, mobs and insurrections, disburse unlawful or dangerous assemblages
and preserve order at all elections and public meetings and assemblages;
(2)
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, and make rules and regulations
not inconsistent with the Charter, ordinances and general laws for
such a purpose;
(3)
Remove all nuisances in the public streets, parks and other public
places; inspect and observe all places of public amusement and assemblage
and all places of business requiring any state or municipal license
or permit;
(4)
Provide proper police attendance and protection at fires;
(5)
Enforce the laws and ordinances in effect within the City and prevent
violation of them by any person; and apprehend and arrest all persons
legally charged with violations of any law or ordinance;
(6)
Provide for the attendance of its police officers or civilian employees
in court as necessary for the prosecution and trial of persons charged
with crimes and other violations of the law, and cooperate fully with
the law enforcement and prosecuting authorities in federal, state
and county governments;
(7)
Operate a training program to maintain and improve the police efficiency
of the members of the Division;
(8)
Make, administer, enforce, adopt and promulgate rules and regulations
for the government of the force and for the disposition, conduct and
discipline of the members of the Division. The Public Safety Director
shall be designated as the appropriate authority as provided by N.J.S.A.
40A:14-118. The Public Safety Director shall promulgate and adopt
such rules and regulations of the government of the Division of Police
and for the discipline of its members.
The Public Safety Director shall be the executive officer of
the Division of Police.
The Public Safety Director shall be charged with the duties
of supervising the Division of Police in all areas and aspects as
shall impact upon policy and the good order and discipline of the
Division and shall adopt rules and regulations for the Division of
Police and establish policies for the daily operation of the Division
of Police and the discipline of its members. These duties shall be
consistent with the authority permitted to be vested in the Public
Safety Director pursuant to N.J.S.A. 40A:14-118 and shall include,
but not be limited to:
A.
Determine internal organization of the police force and formulate
rules and regulations.
B.
Allocate assignments and instructions to subordinate members and
employees of the police force.
C.
Provide members and employees of the police force with guidance and
advance and supervise their work to see that proper procedures are
followed, that reasonable standards of workmanship, conduct and output
are maintained, and that desired police objectives are achieved.
D.
Develop operational policy, work programs and budgetary policies.
E.
Issue directives and allocate resources to ensure police protection
for public events, hazardous situations or weather conditions, times
of emergency (fires, blackouts, etc.) and in response to emergent
conditions [traffic, public disturbances, etc.).
F.
Have charge of and responsibility for all property of the City used
by the Division of Police.
G.
Direct the establishment and maintenance of police records and files.
H.
Keep a record of all business transacted by the Division and approve
all bills for the expenses of the Division.
I.
Prepare reports for the Mayor and Council and other law enforcement
agencies.
J.
Keep and maintain an accurate record and submit an annual report
to the Mayor and City Council, on or before January 1, which report
shall assess the operations of the Division and its personnel, equipment
and property.
K.
Keep and maintain all records, reports, documents and dates required
to be kept and maintained by the federal and/or state government and/or
any of their respective subdivisions.
L.
Keep and maintain a record of all appointments, dismissals, removals,
resignations and deaths of officers as they take place, with such
other information as may be necessary.
M.
Have responsibility for developing the annual budget and related
documents for the Division of Police and be responsible for overseeing
any and all expenditures by the Division.
N.
Have responsibility for ensuring that all officers and members of
the Division are fit for full duty at all times that they are on active
status.
O.
Analyze crime trends and statistics to ensure that the agency makes
the best use of available funds, personnel, equipment and supplies.
P.
Oversee communication facilities and ensure proper use and maintenance
thereof.
Q.
Review for administrative purposes reports prepared by subordinate
officers and employees.
R.
Evaluate effectiveness of work programs and procedures of all units
and bureaus within the Division and develop effective work methods
for subordinates.
S.
Undertake special studies pertaining to public safety functions and
promote close coordination of planning efforts.
T.
Establish and maintain helpful and cooperative relations with civic
and business organizations, schools and court offices, with other
groups and police authorities and other jurisdictions, and with other
organizations, groups, authorities, etc., interested in the maintenance
of law and order.
If there exists a Chief of Police, he/she shall exercise any
and all of the rights, authority, powers and responsibilities reserved
solely for the Chief of Police as set forth in N.J.S.A. 40A:14-118.
He shall also exercise any other rights, authority, powers and responsibilities
not reserved solely for the Chief of Police by statute as delegated
to him by the Public Safety Director. If there does not exist a Chief
of Police and any and all of the rights, authority, powers and responsibilities
reserved solely for the Chief of Police as set forth in N.J.S.A. 40A:14-118
that cannot be performed by the Public Safety Director shall be delegated
to a Deputy Chief of Police as designated by the Public Safety Director.
The Fire Department heretofore established by ordinance is continued
as the Division of Fire and is subject to all laws and ordinances
relating to a municipal fire department. The head of the Division
shall be the Public Safety Director who shall be appointed by the
Mayor and shall be the executive head of the Division.
The Division of Fire shall provide protection against loss of
life and property by fire or disaster. To this end, it shall:
A.
Maintain and operate firehouses and fire-fighting equipment;
B.
Administer a Fire Prevention Bureau;
C.
Inspect buildings and other fire risks within the City;
D.
Enforce all general laws, ordinances and fire regulations as authorized
or required thereby;
E.
Maintain its equipment and Fire Department quarters;
F.
Cooperate with other departments in time of need or emergency.
The Public Safety Director shall be the executive officer of
the Division of Fire.
The Public Safety Director shall be charged with the duties
of supervising the Division of Fire in all areas and aspects as shall
impact upon policy and the good order and discipline of the Division
and shall adopt rules and regulations for the Division of Fire and
establish policies for the daily operation of the Division of Fire
and the discipline of its members. These duties shall be consistent
with the authority permitted to be vested in the Public Safety Director
and shall include, but not be limited to:
A.
Determine internal organization of the fire force and formulate rules
and regulations.
B.
Allocate assignments and instructions to subordinate members and
employees of the fire force.
C.
Provide members and employees of the fire force with guidance and
advance and supervise their work to see that proper procedures are
followed, that reasonable standards of workmanship, conduct and output
are maintained, and that desired Division of Fire objectives are achieved.
D.
Develop operational policy, work programs and budgetary policies.
E.
Issue directives and allocate resources to ensure fire protection
for public events, hazardous situations or weather conditions, times
of emergency (fires, blackouts, etc.) and in response to emergent
conditions (traffic, public disturbances, etc.).
F.
Have charge of and responsibility for all property of the City used
by the Division of Fire.
G.
Direct the establishment and maintenance of records and files.
H.
Keep a record of all business transacted by the Division and approve
all bills for the expenses of the Division.
I.
Prepare reports for the Mayor and Council and other required agencies.
J.
Keep and maintain an accurate record and submit an annual report
to the Mayor and City Council, on or before January 1, which report
shall assess the operations of the Division and its personnel, equipment
and property.
K.
Keep and maintain all records, reports, documents and dates required
to be kept and maintained by the federal and/or state governments
and/or any of their respective subdivisions.
L.
Keep and maintain a record of all appointments, dismissals, removals,
resignations and deaths of officers as they take place, with such
other information as may be necessary.
M.
Have responsibility for developing the annual budget and related
documents for the Division of Fire and be responsible for overseeing
any and all expenditures by the Division.
N.
Have responsibility for ensuring that all officers and members of
the Division are fit for full duty at all times that they are on active
status.
O.
Oversee communication facilities and ensure proper use and maintenance
thereof.
P.
Review for administrative purposes reports prepared by subordinate
officers and employees.
Q.
Evaluate effectiveness of work programs and procedures of all units
and bureaus within the Division and develop effective work methods
for subordinates.
R.
Undertake special studies pertaining to public safety functions and
promote close coordination of planning efforts.
S.
Establish and maintain helpful and cooperative relations with civic
and business organizations and schools, with other groups and fire
authorities and other jurisdictions, and with other organizations,
groups, authorities, etc.
If there exists a Fire Chief, he/she shall exercise any and
all of the rights, authority, powers and responsibilities statutorily
reserved solely for the Fire Chief and other rights, authority, powers
and responsibilities not reserved solely for the Fire Chief by statute
as delegated by the Public Safety Director. If there does not exist
a Fire Chief, any and all of the rights, authority, powers and responsibilities
reserved solely for the Fire Chief that cannot be performed by the
Public Safety Director shall be delegated to a Deputy Fire Chief as
designated by the Public Safety Director.
