A. 
Legal authorization. Pursuant to N.J.S.A. 40A:14-118, the Borough of Demarest hereby creates and establishes a Police Department and force.
[Amended 5-16-1988 by Ord. No. 650]
B. 
Powers and duties. The powers and duties of the Police Department as established herein are established by authority shall be as follows:
(1) 
Preserve the public peace.
(2) 
Prevent crime.
(3) 
Detect and arrest offenders.
(4) 
Protect the rights of persons and property.
(5) 
Guard the public safety.
(6) 
Preserve order at elections and all public meetings and assemblages.
(7) 
Remove nuisances existing in public streets, roads, places and highways and arrest all street mendicants and beggars.
(8) 
Regulate the movement of teams and vehicles in streets, roads, places and highways.
(9) 
Enforce and prevent the violation of all laws and ordinances of the Borough.
(10) 
Uphold and enforce the provisions of motor vehicle and traffic regulations, Title 39 of the Revised Statutes of New Jersey.
C. 
Rules and regulations established. The Mayor and Council hereby establishes the Department rules and regulations under cover to be known as the "Police Manual for the Borough of Demarest."
D. 
Right to amend or revoke. For the good of the service, in accordance with N.J.S.A. 40A:14-118, the right is reserved by the governing body to amend or to revoke any of the rules, regulations or procedures, or add thereto, as the circumstances require.
E. 
Previous orders. All rules, regulations, procedures and orders previously issued are hereby revoked.
F. 
Rules and regulations; police manual. The rules for the governing of the Police Department of the Borough of Demarest, as incorporated in a police manual entitled the "Police Manual for the Borough of Demarest," are hereby incorporated into this chapter. Copies of said manual shall be maintained in the office of the Borough Clerk as well as with the Chief of Police.[1]
[1]
Editor's Note: Original Section 1:2, which dealt with the numbering system used in the police manual and which immediately followed this section, was deleted as being nonapplicable to this chapter as included in the Code book.
A. 
Distribution of manual. One copy of the police manual shall be distributed to each police officer and to certain civilian employees of the Police Department. Also, for reference purposes, copies shall be distributed to the office of the Borough Clerk, the Borough Administrator and the Mayor.
B. 
Responsibility for maintenance. All members and employees who are assigned a manual shall be responsible for its maintenance and care. All manuals shall be kept current, and supplementary pages concerning additions, revisions or amendments shall be promptly inserted.
C. 
Familiarization. Each police officer and each civilian employee is duty-bound to familiarize himself with the provisions of the police manual. Failure to comply shall be considered neglect of duty.
D. 
Ignorance of contents of manual. In the event neglect of duty is charged against a member for failure to observe the rules and regulations, Department procedures or orders, ignorance of any provision of this manual or any Department procedure or order will not be accepted as an excuse.
E. 
Violations and penalties. Penalties for violation of any provision of this chapter and the police manual shall be provided in Article V hereof.
A. 
Terms defined. The terminology listed in this section has been defined to provide uniformity in usage and to clarify meanings when these terms are used:
ANNUAL VACATION
Vacation period granted to all members annually.
APPROPRIATE AUTHORITY
Pursuant to N.J.S.A. 40A:14-118, the Police Committee Chairman is hereby designated for purposes of this chapter as the "appropriate authority."
[Added 5-16-1988 by Ord. No. 650]
BUREAU
A unit immediately subordinate to a division.
CHAIN OF COMMAND
The unbroken line of authority extending from the Chief of Police through a single subordinate at each level of command down to the level of execution and vice versa.
COMMANDING OFFICER
Any rank of Lieutenant and above.
DAYS OFF
Those days, determined by the Chief of Police, on which a given member is excused from duty.
DEPARTMENT
The Demarest Police Department.
DETAIL
A temporary assignment of personnel for a specialized activity.
DETECTIVE
A police officer assigned to conduct criminal investigations while in civilian clothing.
DIVISION
A functional unit having jurisdiction-wide coverage, whose commanding officer reports directly to the Chief of Police.
EMPLOYEE
Civilian employee of the Department.
GENERAL ORDERS
Written directives issued by the Chief of Police. "General orders" remain in full force and effect until amended, superseded or canceled by the Chief of Police. Department "general orders" establish policy, procedure or regulations governing matters which affect the entire Department or two or more subordinate units. They are the most authoritative directive issued on the Department and may be used to amend, supersede or cancel any other order.
HEADQUARTERS
The police building that houses the headquarters staff and the members of this Department.
INCOMPETENCE
Incapable of satisfactory performance of police duties.
INSUBORDINATION
Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer, ridiculing a superior officer or his order and disrespectful, mutinous, insolent or abusive language directed toward a supervising officer, whether in or out of his presence.
LAWFUL ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty which is not in violation of any law, ordinance or any Department rule or regulation.
MEMBER
Any duly appointed police officer of the Department.
MEMORANDA
Information bulletins which are primarily designed to inform and secondarily to direct issues at Departmental and divisional level. Such "memoranda" are not official orders but express the thinking of the issuing authority on the subject under consideration.
MILITARY LEAVE
The period of time during which an officer is excused from duty by reason of serving in the Armed Forces of the United States in an active capacity as provided by law.
NEGLECT OF DUTY
Failure to give suitable attention to the performance of duty. Examples include but are not limited to the following: failure to take appropriate action on the occasion of a crime, disorder or other act or condition deserving police attention; absence without leave; failure to report to duty at the time and place designated; unnecessary absence from the beat during a tour of duty; failure to perform duties or comply with provisions prescribed in the police manual; or failure to conform to the Department operating procedures.
OFF DUTY
The status of a member during the period he is free from the performance of specified duties. Also may be known as "rest period," "day off" or an "annual leave."
OFFICIAL CHANNELS
Through the hands of the superior officers in the chain of command.
ON DUTY
The status of a member during the period of the day when he is actively engaged in the performance of his duties. Technically, a police officer is subject to call at all times.
ORDER
Any written or oral directive issued by a superior officer to any subordinate or group of subordinates in the course of police duty.
PERSONNEL ORDERS
Appointment, assignment or any other status change of personnel within the Department accomplished by Department personnel order issued by the Chief of Police.
POLICE MANUAL
Reference guide specifying the rules and regulations governing the conduct of personnel and the operation of the Department, as well as specifying Department policies and procedures. Department orders will be incorporated into the "police manual" after a provisional period of operation. This manual is issued by authority of the Chief of Police and carries the weight of a general order.
PROCEDURE
The official method of dealing with any given situation prescribed by Chief's order or procedural guide.
RULES AND REGULATIONS
Department legislation consisting of detailed directives binding members and employees of all ranks in terms of authority, responsibility and conduct.
SECTION
A functional unit subordinate to a bureau or under the immediate direction of the Chief of Police. It may be commanded by any rank, depending on its size and the nature and importance of its function.
SENIORITY
"Seniority" in the Department is established first by rank and second by time served in this Department, whether on a regular, assigned or temporary basis. In situations requiring decision or control where the officers are of equal rank, the senior will make the decision and exercise control unless otherwise directed by a higher ranking command or supervisory officer.
SHIFT
An eight-hour tour of duty.
SHIFT COMMANDER
A supervisory officer of a shift in the Patrol Division.
SICK LEAVE
The period of time during which an officer is excused from active duty by reason of illness or injury.
SPECIAL DUTY
Police service, the nature of which requires that the member be excused from the performance of his regular duties.
SPECIAL ORDERS
Written directives issued by the Chief of Police which specify instruction governing particular situations. "Special orders" are automatically canceled when their objectives are achieved.
SUPERIOR OFFICER
A person holding a rank higher than patrolman.
SUPERVISORY OFFICER
Member of the Department assigned to a position requiring the exercise of immediate supervision over the activities of other members and employees.
TOUR OF DUTY
The number of days of work on a given shift during which an individual member is on duty.
TRAINING BULLETIN
Bulletins published and designed to keep officers of the Department abreast of current police techniques and procedures. The bulletins and their presentation act as a continuous training program and as a stimulus for further study. The information contained therein constitutes official Department policy on the subject matter under consideration in the absence of other instruction to the contrary.
B. 
Word usage.
(1) 
Use of the masculine gender herein shall also include, where applicable, the female gender.
(2) 
As used herein, the words "may" and "should" shall mean that the action indicated is permitted.
(3) 
The words "shall" and "will," as used herein, shall indicate that the action required is mandatory.
(4) 
Words used in the present tense include the future.