The Police Department of the Town of Newton is hereby established
and shall consist of a Chief of Police, a maximum of two police Lieutenants,
a maximum of five police Sergeants, a maximum of 16 patrol officers,
and such other special law enforcement officers, school crossing guards,
and employees that the Town Manager shall from time to time appoint.
The Town Manager is hereby designated as the "appropriate authority"
as defined by N.J.S.A. 40A:14-118, with all powers enumerated therein,
including the power to fix policies for the regulation and control
of the Police Department. The Town Manager shall be responsible for
the overall performance of the Police Department and shall adopt and
promulgate rules and regulations for the government of the police
force and for the discipline of its members.
The Police Department shall:
A. Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Town, suppress riots, mobs, and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections, public meetings, and assemblages;
B. Administer and enforce laws and ordinances to regulate, direct, control,
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons to protect the safety
and facilitate the convenience of motorists and pedestrians;
C. Remove or cause to be removed all nuisances in the public streets,
parks, and other public places, inspect and observe all places of
public amusement or assemblage, and all places of business requiring
any state or municipal license or permit, and report thereon to the
appropriate department;
D. Provide proper police attendance and protection at fires and other
emergencies;
E. Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses
and cooperate fully with the law enforcement and prosecuting authorities
of federal, state, county, and local governments; and
F. Operate a training program to maintain and improve the efficiency
of the members of the Department, subject to the budgetary approval
of the Town Council.
The Town Manager, as appointing authority, shall, from time
to time as may seem necessary in his judgment, and pursuant to the
authority of N.J.S.A. 40A:14-118, adopt and amend the rules and regulations
for the conduct and discipline of the Police Department and members
thereof. The Town Manager shall distribute copies of any newly adopted
rule, regulation, or amendment promptly after its adoption to the
Chief of Police. Any such rule, regulation, or amendment shall take
effect 30 days after adoption unless the Town Manager shall declare
in his adoption that an emergency exists which requires a rule, regulation,
or amendment to take effect immediately. Said rules and regulations
may fix and provide for the enforcement of such rules and regulations
and the enforcement of penalties for any violations. All members and
employees of the Police Department shall be subject to such rules,
regulations, and penalties.
Departmental discipline is to be administered in accord with
the rules and regulations of the Department as promulgated by the
Town Manager and in accord with N.J.S.A. 40A:14-147, relevant provisions
of the New Jersey Civil Service Act and regulations related thereto,
and applicable court decisions.
The regular hours of employment of uniformed members of the
Police Department shall not exceed 12 consecutive hours in one day,
nor 48 hours in any one pay period; provided that in the case of an
emergency, the Chief of Police or his designee shall have full authorization
to summon and keep on duty any and all such members during the period
of emergency or staffing shortage.
All ordinances, codes or parts thereof inconsistent with any
provisions of this new chapter are hereby repealed to the extent of
such inconsistency. If any section or provision of this chapter shall
be held invalid by any court of competent jurisdiction, the same shall
not affect the other sections or provisions of this chapter, except
so far as the section or provision so declared invalid, which shall
be inseparable from the remainder of any portion thereof.