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Township of Denville, NJ
Morris County
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Table of Contents
Table of Contents
The director of the Department of Public Safety shall be the Business Administrator until such time as the Mayor appoints a director. The Department of Public Safety shall consist of three divisions:
A. 
Division of Police, hereafter called "Police Department."
B. 
Division of Fire, hereafter called "Fire Department."
C. 
Division of Fire Inspection and Prevention.
[Amended 3-6-2012 by Ord. No. 2-12]
A. 
The Police Department shall consist of a Chief of Police, who shall be appointed by the Director of the Department of Public Safety, and shall be the head of the Police Department and not more than one captain, not more than two lieutenants, not more than six sergeants, and not more than 24 patrol officers. The officers and members of the Police Department shall be appointed and designated by the Director of the Department of Public Safety and shall receive such salary as the Township Council may determine.
[Amended 6-11-2019 by Ord. No. 12-19; 5-3-2022 by Ord. No. 12-22]
B. 
The officers and members of the Police Department shall be appointed and designated by the Director of the Department of Public Safety and shall receive such salary as the Township Council may determine.
C. 
The Director of the Department of Public Safety shall serve as the "appropriate authority" as same is defined in N.J.S.A. 40A:14-118, to whom the Chief of Police shall be directly responsible for the efficiency and routine day-to-day operations of the Department.
All ordinances and regulations of the Township governing the operation and duties of the Police Department shall remain in force and effect, except to the extent that they are inconsistent with the provisions of this code. In addition thereto, 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 Township, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and 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.
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, and county governments.
F. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
G. 
Administer and enforce rules and regulations and special emergency directives issued by the Director of Public Safety for the disposition, conduct and discipline of the force and its officers and personnel.
[Added by 3-6-2012 by Ord. No. 2-12]
A. 
Each officer or member of the Police Department shall be a citizen of the United States and a resident of the State of New Jersey, be of good moral character, sound in body and in good health and shall comply with all eligibility requirements as set forth in the laws of the State of New Jersey. In addition, every member and officer shall be a high school graduate.
B. 
Probational appointment to the Police Department shall be for a period of at least one year, and, to qualify for permanent appointment, an officer must have passed a medical and psychological examination and have received a qualifying certificate of completion from the Police Training Commission in accordance with the laws of the State of New Jersey.
C. 
No person shall be appointed an officer or member of the Police Department who has been convicted of a crime constituting an indictable offense or one involving moral turpitude or who is not within the age limits specified by law.
D. 
A nonrefundable application fee, as set forth in Chapter 245, Fees, Rates and Charges, shall be paid by each applicant for the position of police officer with the Township.
[Added 8-9-2016 by Ord. No. 09-16]
[Added by 3-6-2012 by Ord. No. 2-12]
The members of this Police Department shall hold their offices and employment during good behavior and efficiency, and no person shall be removed from office or employment for political reasons, or for any other cause than incapacity, misconduct or disobedience of the rules and regulations established for the Department, and then only on written charges and hearing in accordance with the rules and regulations of the Department and the laws of the State of New Jersey, including N.J.S.A. 40A:14-147, provided that, except as otherwise provided by law, any member of the Department who shall be absent from duty without just cause for the term of five days continuously shall, at the expiration of the five days, cease to be a member of the Police Department, in accordance with N.J.S.A. 40A:14-122.
[Added by 3-6-2012 by Ord. No. 2-12; amended 6-13-2017 by Ord. No. 10-17]
A. 
There may also be appointed not more than eight Class I and eight Class II and eight Class III special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq. Such special law enforcement officers shall meet the qualifications set forth in N.J.S.A. 40A:14-146.10 and be trained in accordance with the standards of the Police Training Commission. Such special law enforcement officers shall be under the instructions of the Chief of Police, be subject to such rules and regulations as applicable to the Police Department, and shall be appointed for a term not exceeding one year, but may be appointed, reappointed or employed as the occasion demands. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, subject to the certification and training requirements of N.J.S.A. 40A:14-146.11, including the carrying of firearms and the power of arrest. Such special law enforcement officers shall not be members of the Police Department. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed.
B. 
There shall be three classifications of special officers. The Police Training Commission shall prescribe by rule or regulation the training standards to be established for each classification. The classifications shall be based on the duties to be performed by the special law enforcement officer, as follows:
(1) 
Class I. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class I officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Township ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited. No Class I officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class II. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
(3) 
Class III.
(a) 
Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.
(b) 
The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection l of N.J.S.A. 2C:39-6, authorizing a retired law enforcement officer to carry a handgun.
[Added by 3-6-2012 by Ord. No. 2-12]
The Director of the Department of Public Safety shall prescribe rules and regulations respecting the Department.
The Fire Department shall consist of members of the volunteer Fire Department of the Township which shall include the First Aid Squad.
The Fire Chief shall be the chief executive officer of the Fire Department. He shall be elected annually from among the members of the Fire Department.
The Fire Department shall have exclusive jurisdiction over the control, fighting and extinguishing of any conflagration which occurs within Township limits, and shall have such other duties and authority as shall be vested in the Fire Department by general law or by ordinance. The Fire Department shall promulgate such rules and regulations and conduct its operations in a manner consistent with state law and Township ordinances subject to the approval of the director of the Department of Public Safety.
The head of the Division of Fire Inspection and Prevention shall be the Fire Marshal. He shall be appointed by the Mayor, with the advice and consent of the Council, for a term of one year. The Fire Marshal shall have those powers and duties as set forth in the fire prevention code of the Township.
Within the Department of Public Safety, there shall exist the position of Police and Fire Surgeon. The appointment shall be made by the Director of the Department of Public Safety. The Police and Fire Surgeon shall perform those duties prescribed and required by local ordinance and by general law. The Police and Fire Surgeon shall also be the Township Physician.