[Added 10-14-2015 by Ord.
No. MC 3553]
[Amended 1-12-2016 by Ord. No. MC 3562; 12-28-2016 by Ord. No. MC 3594]
There is hereby established a Department of Public Safety, the
head of which shall be the Director of Public Safety. The Department
of Public Safety shall consist of the Division of Police, the Division
of Fire, and the Division of Parking. The Director of Public Safety
shall be subordinate to the Business Administrator and the Mayor and
execute the powers and duties described in this article (Ordinance
No. MC 3553). The Director of Public Safety shall set forth the organizational
structure, staffing levels, budget, rules and regulations and the
policies of all of the divisions which comprise the Department of
Public Safety. The Department of Public Safety shall consist of the
functions, duties, responsibilities, authority and personnel enumerated
in this article (Ordinance No. MC 3553).
The Director shall, prior to his appointment, have had at least
10 years' experience in public safety administration or such other
education, specialized training, experience or qualifications as may
be deemed by the Municipal Council to be in the best interests of
the Township of Irvington.
[Amended 1-12-2016 by Ord. No. MC 3562; 12-28-2016 by Ord. No. MC 3594]
There shall be a Division of Police, the head of which shall
be the Director of Public Safety. The position of Chief of Police
is hereby abolished. The Director of Public Safety shall direct the
routine day-to-day operations of the Division of Police.
A. The Division of Police shall:
(1) Preserve
the public peace; protect life and property; prevent crime; detect
and arrest offenders against the provisions of this Code and other
penal laws and ordinances effective within the Town; suppress riots,
mobs and insurrections; disperse unlawful or dangerous assemblages;
and preserve order at all elections and public meetings and assemblages.
(2) Administer and enforce the provisions of this Code and other laws
and ordinances to regulate, control, direct 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, and to make and enforce rules and regulations,
not inconsistent with the state law, the Charter, this Code and other
ordinances, for such purposes.
(3) 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 assemblages and all places of business requiring any
state or Town license or permit and report thereon to the appropriate
department.
(4) Provide proper law enforcement attendance and protection at fires.
(5) 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 municipal governments.
(6) Operate a training program to maintain and improve the efficiency
of the members of the Public Safety Department.
(7) Make, administer and enforce rules and regulations for the disposition,
conduct and discipline of the public safety.
(8) Operate a Juvenile Aid Bureau dealing with the problems of juveniles.
B. Organization
and functions.
(1) Within
the organization of the Division of Police there shall be appointed,
as determined, the following sworn officer positions:
[Amended 12-26-2023 by Ord. No. MC 3849]
(a) Deputy Chief(s) of Police: one to three.
(b) Police Captain(s): two to five.
(c) Police Lieutenant(s): 10 to 15.
(d) Police Sergeant(s): 25 to 30.
(f) Law enforcement personnel in the Department of Public Safety: 125
to 155.
(2) The
organization shall also consist of the civilian, nonsworn, positions
as determined by the Mayor.
(3) The
organization of the Division and duties of the subdivisions therein
shall be prescribed by the Director of Public Safety.
(4) The Division of Police shall be responsible for the functions and duties prescribed in this §
7-138.
C. Personnel.
The Division of Police shall consist of such superior officer, officers,
civilians and support services authorized by ordinance or the annual
budget(s).
(1) All
members of the Division of Police shall adhere requirements enumerated
for personal and professional conduct in this article (Ordinance No.
MC 3553).
(2) The
Chaplain(s) and Surgeon(s) for the Police/Fire services shall be appointed
by the Mayor with the advice and consent of the Township Council.
The terms and compensation of Chaplains and Surgeons shall be set
by ordinance.
(3) The
policies for promotion, transfer, assignment and the disposition of
resources shall be established and authorized by the Director of Public
Safety.
[Amended 1-12-2016 by Ord. No. MC 3562; 12-28-2016 by Ord. No. MC 3594]
There shall be a Division of Fire, the head of which shall be
the Director of Public Safety. The position of Fire Director is hereby
abolished. The Director of Public Safety shall direct the routine
day-to-day operations of the Division of Fire. The Mayor, as authorized
by ordinance, may appoint the positions of Chief of Fire and/or Chief
Engineer, and those positions, if appointed by the Mayor, shall be
subordinate to the Director of Public Safety.
A. The Division of Fire, under the administrative direction and supervision
of the Director of Public Safety, shall have jurisdiction over the
control and extinguishment of any conflagration which requires its
attention and shall:
(1) Make, administer and enforce rules and regulations for the control
and discipline of its officers and employees, as well as the maintenance,
use, care and disposition of its equipment, apparatus and fire stations.
(2) Within the limits of available appropriations, provide for the care
and maintenance of its own equipment, apparatus and fire stations.
(3) Provide firefighting service for the extinguishment of fires and
the necessary and incidental protection of life and property throughout
the Township.
(4) Designate and fix the location of fire alarm telegraph and signal
stations in the Township.
(5) Investigate the cause, circumstances and origin of fires and report
to the Public Safety Department and to the County Prosecutor every
case of suspicion of arson.
(6) Have power to inspect and test any automatic or other fire alarm
system or fire-extinguishing equipment.
(7) Be authorized to enter upon, without fee or hindrance, all premises,
ground structures, buildings and passages, whenever necessary in the
performance of its duties.
(8) Operate a training program to maintain and improve the firefighting
efficiency of the members of the Department of Public Safety.
(9) Maintain a Bureau of Fire Prevention and administer the provisions
of this chapter and other ordinances of the Township relating to fire
safety and the New Jersey Uniform Fire Safety Code.
B. The Director of Public Safety shall appoint the persons to serve
as fire prevention subcode officials pursuant to the State Uniform
Construction Code, N.J.S.A. 52:27D-126.1.
C. The Director of Public Safety shall appoint the person to serve as
Fire Official pursuant to the Uniform Fire Safety Act, N.J.S.A. 52:27D-192
et seq.
D. The Bureau of Combustibles, as heretofore constituted, shall be located
in the Division of Fire.
E. All requests for searches or photocopies of such certain information
contained in official files of the Division of Fire shall be made
to the Bureau of Fire Prevention in the Division of Fire of the Town
during reasonable hours of the weekday when such Bureau is open in
accordance with its schedule of working hours.
F. Organization
and functions.
(1) The
Director of Public Safety shall administer the Division of Fire and
shall perform such duties as may be required for the efficient operation
of the Division, and the Director shall:
(a) Supervise the Chief of Fire and be responsible for all the personnel
of the Division of Fire;
(b) Enforce the rules, regulations and policies set forth by the Department
of Public Safety;
(c) Provide monthly reports to the Business Administrator, the Mayor
and Township Council concerning the operations of the Department of
Public Safety and Division of Fire; and
(d) Perform the duties prescribed in this article (Ordinance No. MC 3553)
and all other duties placed upon the Director of Public Safety by
the Township Council.
(2) The
Division of Fire shall have jurisdiction over the control, fighting,
suppression and extinguishment of any conflagration which occurs and
requires the attention of the Division and its personnel in a manner
described and prescribed in this article (Ordinance No. MC 3553).
(3) The
bureaus, sections and offices previously under the authority of the
Department of Fire shall remain as subsections within the Division
of Fire.
G. Personnel.
(1) The
Division of Fire shall consist of such superior officers, firefighting
personnel in the Department of Public Safety and civilian support
staff as designated by the Director of Public Safety and authorized
by the Mayor or municipal ordinance.
(2) The
positions, titles and functions of the Division of Fire shall be established
and proscribed by the Director of Public Safety in accordance with
requirements set forth by the Mayor and Township Council.
(3) The
Chaplain(s) and Surgeon(s) for the Police/Fire services shall be appointed
by the Mayor with the advice and consent of the Township Council.
The terms and compensation of the Chaplains/Surgeons shall be set
by ordinance.
(4) The
policies for promotion, transfer, assignment and disposition of resources
shall be established and authorized by the Director of Public Safety.
[Amended 1-12-2016 by Ord. No. MC 3562; 12-28-2016 by Ord. No. MC 3594]
Within the Department of Public Safety there shall be a Division
of Parking, the head of which shall be the Director of Public Safety.
Within the Division of Parking there shall be a Bureau of Parking
which shall oversee the management of the Township's parking system,
including the operation of on-street and off-street parking facilities
and the consequent promotion of the free movement of traffic and relief
of congestion on the streets and improvement of conditions affecting
the public safety and welfare of the Township. The head of the Bureau
of Parking shall be the Director of the Department of Public Safety,
who shall appoint a Parking Superintendent who shall be responsible
for the day-to-day operations. The Director of Public Safety shall
furnish a monthly report of income, expenses, personnel and performance
to the Municipal Council, the Mayor and Business Administrator as
defined in this article (Ordinance No. MC 3553). All of the functions,
powers and duties of the Division of Parking within the Department
of Revenue and Finance as heretofore established shall be transferred
and assigned to the Bureau of Parking within the Department of Public
Safety. The duties of the Division and the personnel assigned thereto
shall be established by the Director of Public Safety as authorized
by the Mayor and Municipal Council.
The Department of Public Safety shall consist of such officers
and men and women as shall be authorized by this Code or by ordinance
for the law enforcement force within the Department of Public Safety.
No member of the Department of Public Safety shall solicit or
accept anything of value as consideration for or in connection with
the discharge of his official duties; nor shall any member of the
Department of Public Safety solicit the sale of tickets in connection
with any fund-raising campaign nor request contributions directly
or indirectly for same, nor solicit anything of value for the benefit
of himself or any other person or any Department of Public Safety
member, group or organization, without the written permission of the
Public Safety Director.
A. The Public Safety Director shall be the administrator and head of
the Public Safety Department subordinate to the Business Administrator
and Mayor.
B. The Public Safety Director shall give reports to the Mayor and Irvington
Municipal Council twice a month or as requested by the Council. In
addition, the Public Safety Director shall provide said reports to
the Irvington Municipal Council at the Council caucus meeting and/or
Council meetings.
C. The Public Safety Director shall attend the pre-Council Director's
meetings twice a month, unless sick or on vacation.
D. The Public Safety Director shall be responsible for drafting and
submitting an annual budget for the Public Safety Department.
E. The Public Safety Director shall supervise the Deputy Public Safety
Director, Chief of Police and Chief of Fire.
F. The Public Safety Director, or his designee, shall officiate COMSTAT.
G. The Public Safety Director shall conduct and participate in training
or instruction of, to or with any Public Safety personnel.
H. The Public Safety Director shall supervise the Public Safety Department
and be responsible for all other personnel therein.
I. The Director of Public Safety shall be responsible for the administration,
regulation and as the appropriate authority the discipline of the
Division of Police and the Division of Fire.
J. The Mayor can appoint a Deputy Director of Public Safety. The Director
of Public Safety shall assign such person duties as desired. The person
appointed as Deputy Director of Public Safety shall be qualified by
training and experience for the duties of the position. The person
shall not be appointed unless he or she meets the following minimum
qualifications, unless said qualifications are waived by affirmative
vote of at least 2/3 of the entire Council: a minimum of 10 years’
experience as a member of a police department, fire department or
other public safety agency, five years of which shall have been in
a supervisory and administrative capacity.
K. The Director of Public Safety shall report directly to the Business
Administrator and the Mayor concerning conditions of the Department
and its improvements and needs.
L. The Director may employ special law enforcement officers in accordance
with N.J.S.A. 40A:14-146.8 et seq., Special Law Enforcement Officers'
Act.
M. The Director of Public Safety may promulgate rules and regulations
for the Division of Police and the Division of Fire.
N. The Public Safety Director, or his designee, shall serve as the hearing
officer in disciplinary matters and have all of powers prescribed
in N.J.S.A. 40A:14-118.
O. The Director of Public Safety shall:
(1) Keep abreast of the public safety requirements of the Township and
formulate policies, directives, orders, plans and procedures to determine
needs;
(2) Develop organization, manpower and resource recommendations and affect
their implementation;
(3) Establish performance criteria for the Department as a whole as well
as its individual members and conduct periodic evaluations to assure
compliance with those criteria;
(4) Establish and maintain relations with school, civil and private organizations
to assure a full understanding of the public safety effort;
(5) Conduct public relations and public information programs on behalf
of the Department in order to maintain the required relationship between
the Department and the citizens of Irvington;
(6) Promote a close liaison with the various agencies located in Irvington,
and to attend meetings of the Town Council as needed to better coordinate
the functioning of the Division of Police and Division of Fire.
(7) Regularly review the ordinances of the Township of Irvington dealing
with public safety.
(8) Meet with any police and fire personnel he deems appropriate to ascertain
information necessary to formulating policy, directives, general orders,
or any other matters concerning the effective and efficient operation
of the Division of Police and the Division of Fire.
(9) Be responsible for the deployment of all police and fire personnel
as well as all resources and equipment.
(10)
Be responsible for the routine day-to-day operations of the
Police Division and Fire Division when the Chief of Police and Chief
of Fire are on vacation, sick leave, family medical leave, military
leave or any other approved leave of absence for more 14 consecutive
days.
(11)
Be responsible for the routine day-to-day operations when there
is no Chief of Police or Chief of Fire by ordinance.
P. In the absence of the Public Safety Director due to illness, vacation
or vacancy, the day-to-day operations will fall to the Business Administrator.
Q. Powers
and duties of Public Safety Director related to Division of Police.
The Director of Public Safety shall administer the Division and shall
perform such duties as may be required for the efficient operation
of the Division, and the Director shall:
[Added 1-12-2016 by Ord.
No. MC 3562]
(1) Supervise
the operations of the Division, delegate law enforcement duties and
be responsible for all the personnel and functions therein;
(2) Formulate
such rules, regulations and policies as are necessary for the efficient
and effective operation of the Division;
(3) Provide
monthly reports to the Business Administrator, the Mayor and Township
Council concerning the operations of the Department of Public Safety
and Division of Police; and
(4) Perform
the duties prescribed in this article (Ordinance No. MC 3553) and
all other duties placed upon the Director of Public Safety by the
Township Council.
The Public Safety Director shall provide by rules and regulations
for the custody and safekeeping of all property alleged to be found
abandoned, stolen or embezzled, all property taken from the person
of any prisoner and all other property alleged to have been acquired
or possessed unlawfully which shall come into the possession of any
member of the Public Safety Department. All such property and money
shall be promptly described and registered and be accounted for in
detail in such manner as the Public Safety Director shall prescribe
with the approval of the Comptroller.
The Director of the Department of Public Safety of the Township
is hereby authorized to prescribe rules and regulations governing
the release of certain information contained in the official files
of the Public Safety Department of the Township. Unless ordered to
do otherwise by a court of competent jurisdiction, he or she may refuse
to issue any such information when, in his or her judgment, the interest
of public safety requires, and he or she may refuse to issue any such
information which he or she has classified as confidential.
All requests for information in official files, authorized for release by the rules and regulations established pursuant to §
7-145, shall be made to the Bureau of Records and Identification of the Public Safety Department during such hours as are set forth in the working schedule of such Department.
A. The following fees shall be charged by the Public Safety Department,
Division of Police:
(1) For clearance visas and letters of good conduct, the fee shall be
$27.
(2) For fingerprints, the fee shall be $85. For any application that
requires a police investigation, the individual shall get a refund
of $60 if that applicant is selected for employment.
(3) For a photograph, the fee shall be $39.
(4) For each search to verify information authorized for release by the rules and regulations established pursuant to §
7-145, the fee shall be $27.
(5) For the copies of motor vehicle accident reports, the fee shall be $1 per page if obtained in person. For copies of all other reports authorized for release by the rules and regulations established pursuant to §
7-145, the fee shall be $9 if obtained in person. For copies of such reports requested other than in person, the fee shall be $26 per report. A fee of $24 will be charged for each report searched for and not found.
(6) The
fees for motor vehicle releases shall be $25 per release.
[Added 7-10-2023 by Ord. No. MC 3833]
(7) Fees
for special detail assignments for off-duty law enforcement personnel
in the Department of Public Safety shall be as follows:
[Amended 12-26-2023 by Ord. No. MC 3850]
(a) The rate is $50 per hour, and with a patrol car is an additional
$15 per hour, gross before taxes.
(b) The rate of compensation for law enforcement personnel in the Department
of Public Safety for construction is $95 per hour, and with a patrol
car is an additional $15 per hour, gross before taxes. An additional
$15 per hour shall be added for construction jobs scheduled less than
24 hours in advance (emergency jobs), or jobs that are scheduled for
the weekends or jobs that are scheduled to commence after 1900 hours.
(c) The rate for traffic duty with a patrol car is $60 per hour, gross
before taxes.
(d) The rate for strike duty is $50 per hour, gross before taxes.
(e) Any detail involving the services of four or more officers will require
a supervisor who shall receive compensation at an additional $2 per
hour, gross pay before taxes, above the hourly rate of law enforcement
personnel in the Department of Public Safety assigned to said details.
(f) An additional fee of 10% per officer hour is hereby established to
cover the administrative costs, overhead and out-of-pocket expense
of the Township of Irvington. This fee shall not apply to the Township
of Irvington Board of Education.
(8) The fees provided herein are exclusive of fees charged by other authorities.
B. The following fees shall be charged by the Public Safety Department,
Division of Fire. The following fees for searching or obtaining photocopies
of certain information authorized to be released are hereby established:
(1) For search or verification of certain information, the fee shall
be $9 for each such search or verification.
(2) For a photocopy of the first page or portion thereof, the fee shall
be $9 for the first page and $2.50 for each page thereafter, to a
maximum fee of $64.
(3) No fee shall be charged for any requested search or photocopy by
a federal, state, county or municipal duly constituted agency or department.
(4) Any person having a lawful interest in the subject matter shall be
allowed to hand-copy such released information under the supervision
of a Bureau employee without charge.
(5) A receipt shall be given in triplicate for all moneys received in
connection with the making of a search or for such photocopies aforesaid.
The original of such receipt shall be given to the person making the
payment for such search or photocopies, the duplicate to be attached
to the form made out for all such services performed or rendered and
the triplicate to remain in chronological order in the Bureau of Fire
Prevention for audit. The aforesaid receipt shall be identified by
a corresponding number on the original and both copies of such receipt.
All such moneys shall be forwarded monthly to the Department of Revenue
and Finance.
A. A resident of the Township who is a defendant in a judicial proceeding
arising out of a motor vehicle accident shall be allowed to copy the
report of such accident without charge therefor.
B. No fee shall be charged for fingerprints for law enforcement, firefighting
personnel, civil defense and special law enforcement officers (formerly
special police) applicants. Fees charged by other authorities shall
be paid by the applicant.
C. No fee shall be charged for any information requested by the Irvington
Board of Education.
A receipt shall be prepared in triplicate for all money received in connection with the services provided pursuant to §§
7-145 to
7-147, the original to be given to the person making the payment for such services, the duplicate to be attached to the form made out for all such services performed and the triplicate to remain in chronological order in the Bureau of Records and Identification for audit. The aforesaid receipt shall be identified by corresponding number on the original and both copies. All money so received shall be forwarded monthly to the Department of Revenue and Finance.
Any individual or company rendering service as private security
within the Township of Irvington, either armed or unarmed, shall first
register with the Irvington Public Safety Department at least 24 hours
prior to the start of such operation. The twenty-four-hour notice
clause may be waived by the Public Safety Director, or the appropriate
designee, for good cause shown but in every event notice must be given
before the start of said service. At that time, the individual shall
be required to provide adequate proof that he, she or it, as the case
may be, is the possessor of an appropriate license.
[Amended 3-13-2018 by Ord. No. MC 3635; 6-26-2018 by Ord. No. MC 3658]
A. For the convenience of those persons and entities which utilize the
services of off-duty law enforcement officers of the Township of Irvington
Department of Public Safety, Division of Police, and to authorize
the outside employment of municipal police while off duty, the Township
of Irvington hereby establishes a policy regarding the use of said
officers in compliance with N.J.S.A. 45:19-9 et seq., as amended by
the Security Officers Registration Act, P.L. 2004, c. 134.
(1) Members of the Township of Irvington Police Division, at their option,
shall be permitted to accept police-related employment for private
employers, who are separate and independent from the Township of Irvington,
only during off-duty hours and at such time as will not interfere
with the efficient performance of regularly scheduled or emergency
duty of the Township.
(2) Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Director of Public Safety or his or her
designee, which approval shall be granted if, in the opinion of the
Director of Public Safety or his or her designee, such employment
is necessary and would not be inconsistent with the efficient functioning
and good reputation of the Police Division and would not unreasonably
endanger or threaten the safety of the officer or officers who are
to perform the work.
B. Trust account.
(1) To assure the timely payment of wages to police officers who perform
off-duty services, and to meet the requirements of the Fair Labor
Standards Act, the Township of Irvington has established a trust fund
known as the "Outside Employment for Police Officers Trust Account,"
which trust fund is dedicated for the receipt of fees collected from
private persons or entities for payment to police officers for off-duty
or outside employment services. The Outside Employment for Police
Officers Trust Account shall be administered by the Department of
Revenue and Finance of the Township of Irvington, which shall make
a report to the Township Council every 90 days regarding said account.
(2) Any person or entity requesting the services of an off-duty law enforcement officer in the Township of Irvington shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Director of Public Safety, or his or her designee, and upon the Director's approval, a copy of said approval shall be forwarded to the Jobs in Blue Office of the Township of Irvington. The person or entity requesting the services shall then forward payment for services for the total estimated hours of service, the rates of compensation and administrative fees as set forth in §
7-151D to the Jobs in Blue Office which, upon review, will forward to the Department of Revenue and Finance for deposit in a trust account within the Outside Employment for Police Officers Trust Account.
(3) In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees set forth in §
7-151D for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
(4) Prior to posting any request for services of off-duty law enforcement
officers, the Director of Public Safety or his or her designee shall
verify that the balance in the trust account of the person or entity
requesting services is sufficient to cover the compensation and fees
for the number of hours specified in the request for services. The
Director of Public Safety or his or her designee shall not post a
request for services from any person or entity unless all fees and
compensation required in the manner described above have been deposited
in the Off-Duty Employment for Police Officers Trust Account. All
payments must be paid directly to the Township for said account. No
officer shall be paid directly by any employer for requested services
nor provide any such services for more hours than are specified in
the request for services.
(5) In the event the funds in such a trust account should become depleted,
services of off-duty law enforcement officers shall cease, and further
requests for further or future services shall not be performed or
posted until additional funds have been deposited in the trust account
in the manner prescribed above. In the event of an unforeseen emergency
situation that would require an officer to remain beyond the time
for which funds have been posted, the Director of Public Safety or
his or her designee may waive the requirement for posting additional
funds after the first 10 hours for any person or entity exhibiting
a previous satisfactory payment history. However, the person or entity
requiring the extended service within 48 hours shall make payment
for the additional hours.
(6) The person or entity requesting such services shall be responsible
for ensuring that sufficient funds remain in the trust account in
order to avoid any interruption of services.
(7) Exemption. All public utility companies that are under the jurisdiction
of, and regulated by, the New Jersey Board of Public Utilities, and
state, county and other quasi-government agencies will be exempt from
the provisions set forth in this section requiring advance payment
to the trust account; provided, however, that there are no amounts
previously due that are outstanding for a period in excess of 30 days.
Any such delinquent balances shall require advance payment of the
amount outstanding prior to any officer engaging in any further off-duty
assignments.
C. Requests for services.
(1) All requests to the Township for services of off-duty law enforcement officers in the Township of Irvington Police Division for a period of one week or longer shall be forwarded to the Director of Public Safety or his or her designee for posting at least 10 days before such services are required. Any law enforcement officers, when so employed by private employers, shall be compensated at the rate set forth in §
7-151D, hereafter.
(2) All requests to the Township for services of off-duty law enforcement officers in the Township of Irvington Police Division for a period of less than one week shall be forwarded to the Director of Public Safety or his or her designee for posting as soon as practicable, but in no event less than 24 hours before such services are required, except in emergency situations. Any law enforcement officers, when so employed by private employers, shall be compensated at the rates set forth in §
7-151D hereafter.
(3) In emergency situations, requests to the Township for the services of off-duty law enforcement officers in the Township of Irvington Police Division shall be made as necessary to the Director of Public Safety or his or her designee, who shall make every effort to accommodate such request in a reasonable manner in his or her discretion. Any law enforcement officers, when so employed by private employers, shall be compensated at the rates set forth in §
7-151D hereafter.
(4) Traffic control for street construction and maintenance operations.
(a)
Adoption of Manual on Uniform Traffic Control Devices. The Township
of Irvington does hereby adopt the current Manual on Uniform Traffic
Control Devices, hereafter known as "M.U.T.C.D.," together with any
supplements and amendments thereto, as it controls and regulates whatever
construction maintenance operations of utility work obstructs the
normal flow of traffic. Any person, contractor, or utility who fails
to comply with the provisions of the M.U.T.C.D. while performing such
work is in violation of this section.
(b)
Preconstruction meetings. It shall be the responsibility of
the person, contractor, or public utility wishing to conduct work
on, under or above the roadway to do the following:
[1]
Contact the Division of Police, Director of Public Safety or
his or her designee in order to arrange a preconstruction meeting;
and
[2]
To submit plans for the safe movement of traffic during such
period of construction of work, which plans are to be submitted and
reviewed before work begins.
(c)
Hazardous conditions. Prior to the start of any work, the person,
contractor, or utility shall provide the Division of Police, Director
of Public Safety or his or her designee with at least two emergency
contact phone numbers to be called in case of emergency problems at
the construction or maintenance site. If for any reason the emergency
contact person cannot be reached, or if the emergency contact person
does not respond to the call from the Police Division to correct a
hazardous condition, the Township may respond to correct such hazardous
conditions. The reasonable fees for such emergency service by the
Township shall be charged to the person, contractor, or utility responsible
for such conditions.
(d)
Road closings and detours. Road closings and/or traffic detours
shall not be permitted unless approved by the Division of Police,
Director of Public Safety or his or her designee.
(e)
Traffic directors. Traffic director(s) shall be posted at all
construction or maintenance sites when determined by the Division
of Police, Director of Public Safety or his or her designee that same
is necessary to provide for the safe and expeditious movement of traffic.
(f)
Stop work. The Division of Police, Director of Public Safety
or his or her designee shall have the authority to stop work, including
the removal of equipment and vehicles, stored material within the
street right-of-way, backfilling of open excavations and/or other
related work, in order to abate any nuisance and/or safety hazard
or for any violation of this section.
(g)
Site preparation. It is expressly understood that no materials,
vehicles or equipment are to be placed in the roadway or sidewalk
area until all construction signs, lights, devices, and pavement markings
are installed.
D. Rate of compensation. Rates of compensation for contracting the services
of off-duty law enforcement officers of the Township of Irvington
Public Safety Department shall be established as set forth by negotiated
contractual obligations.
[Amended 2-11-2019 by Ord. No. MC 3689]
E. Cancellation. In the event that the person or entity requesting the off-duty law enforcement officers fails to contact the Township of Irvington at least two hours prior to the scheduled start time to cancel the job, or the officer works fewer than four hours and the job is completed, the officer is entitled to be paid for the minimum of four hours at the rate of compensation set forth in §
7-151D.
F. Public emergencies. The Director of Public Safety or his or her designee
shall have the authority to order any police officer engaged in off-duty
assignments within the Township to respond to an emergency situation
within the Township of Irvington. The Director of Public Safety or
his or her designee shall also have the right to order any off-duty
assignment to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty officer and/or
the citizens of the Township of Irvington. In the event that a police
officer is assigned to an emergency situation, the Director of Public
Safety or his or her designee shall make note of said off-duty assignment.
In any situation where an off-duty police officer is called to an
emergency situation, said person shall not be responsible for the
payment of the officer's hourly rate, administrative fee or any other
fees to the Township of Irvington until such time as said police officer
and/or equipment returns to the assignment of the off-duty employer.
G. Exclusion. All outside agencies except State Police and Essex County
Sheriffs are excluded from Jobs in Blue in Irvington. For all Township
projects the Township is excluded from paying the Jobs in Blue rate.
H. Policies and procedures. The Department of Public Safety Policy and
procedures shall be revised to be in compliance with this section
and N.J.S.A. 45:19-9 et seq., as amended by P.L. 2004, c. 134.
I. Violations and penalties.
(1) Any person, contractor or utility who commits a violation of this section shall be subject to the penalties as set forth in §
1-17 of the Revised Code.
(2) A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
A. Establishment. There is hereby established auxiliary law enforcement
officers of the Public Safety Department Township of Irvington.
B. Training and service. The above unit will be attached to the Township
of Irvington Public Safety Department for training purposes and will
serve pursuant to Title 58 (App. a.9) and other directives and orders of the State Director
of Emergency Management, the Governor and the State Civil Defense
Act.
A. Within the Division of Fire, pursuant to N.J.S.A. 40A:14-7.1, there
is hereby established within the Public Safety Department of the Township
of Irvington an Arson Investigation Unit consisting of not more than
two firefighting personnel in the Department of Public Safety, which
shall be responsible for conducting investigations of arson, suspicious
fires and explosions within the Township of Irvington.
B. Before any member of the Public Safety Department shall be assigned
to the Arson Investigation Unit, he/she shall have successfully completed
a course of training approved by the Law Enforcement (formerly Police)
Training Commission and an arson investigation training course approved
by the Department of Law and Public Safety.
C. Members of the Arson Investigation Unit shall have the same powers
and authority as law enforcement officers within the Township of Irvington
while engaged in the actual performance of arson investigation duties,
specifically including the right to carry firearms pursuant to regulations
promulgated by the Director of the Public Safety Department of the
Township of Irvington. Firearms shall be carried only while members
of the unit are on duty and engaged in the actual performance of their
duties.
A. All references in the Revised Code referencing the Police Department,
Fire Department, Department of Fire, Department of Police are hereinafter
referred to as the Department of Public Safety/Public Safety Department.
B. All references in the Revised Code referencing fireman, firemen and/or
firefighters are hereinafter referred to as firefighting personnel
in the Department of Public Safety.
C. All references to police officers, and/or police personnel are hereinafter
referred to as law enforcement personnel in the Department of Public
Safety.
D. The position
of Chief of Police is abolished. The Director of Public Safety shall
direct the routine day-to-day operations of the Division of Police.
[Added 1-12-2016 by Ord.
No. MC 3562]
E. The position
of Fire Director is abolished. The Director of Public Safety shall
direct the routine day-to-day operations of the Division of Fire.
[Added 12-28-2016 by Ord.
No. MC 3594]
A. Any and all rules, regulations, policies, procedures, directives,
orders and general orders promulgated by and under the Department
of Police are hereby ratified, adopted and promulgated as the rules
and regulations governing the Department of Public Safety.
B. Any and all rules, regulations, policies, procedures, directives,
orders and general orders promulgated by and under the Department
of Fire are hereby ratified, adopted and promulgated as the rules
and regulations governing the Department of Public Safety.
The position of Deputy Director of Public Safety is hereby created.
The Deputy Director of Public Safety shall be appointed by the Mayor.