[Ord. No. 10-1973, § 3-1; Ord. No. 9-1974, § 3-1; Ord. No. 2-1974, § 3-1; Ord. No. 2-1977, § 3-1; Ord. No. 2-1978, § 3-1; Ord. No. 7-1979, § 3-1; Ord. No. 3-1980, § 3-1; amended 5-11-2016 by Ord. No. 24-2015]
The Department of Public Safety of the Township is hereby established and perpetuated and shall be headed by a Director of Public Safety. There may also be up to two Deputy Directors of Public Safety. The Department shall be comprised of a Police Division and a Public Safety Signal System Maintenance Division.
a.
Composition of Police Division. The Police Division of the Department of Public Safety shall consist of a Deputy Chief of Police and so many Captains, Lieutenants, Sergeants, patrolmen and such other probationary officers and other employees, which may include civilian dispatchers, as the Township Council shall deem necessary and appropriate from time to time, as well as at least one but no more than three matrons.
b.
Composition of Traffic Safety Signal System Maintenance Division. The Township Manager may appoint such number of employees to perform the work of this Division, part-time and/or full-time, as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time.
[Ord. No. 10-1973, § 3-2]
All members of the Police Division, Department of Public Safety, shall be appointed by the Township Manager to hold office as provided by law.
[Ord. No. 10-1973, § 3-3]
The Police Division of the Department of Public Safety shall be under the control of the Manager.
[Ord. No. 10-1973, § 3-6]
Each member of the Police Division shall before entering upon the performance of his duties, take and subscribe to an oath to bear true faith and allegiance to the government established in this State, to support the Constitution of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Clerk.
[Ord. No. 10-1973, § 3-7; amended 5-11-2016 by Ord. No. 24-2015]
a.
The Director of Public Safety shall be the head of the Department. In the temporary absence or disability of the Director of Public Safety, the designated Deputy Director of Public Safety shall act in his place. The control and discipline of the Department and of its members shall be vested in the Director of Public Safety, and he shall have the power to enforce all rules and regulations and any general and special orders or instructions which he may promulgate (provided such orders or instructions do not conflict with the rules and regulations promulgated by the Township Council). He shall enforce these rules and regulations, orders or instructions and may punish their violation by reprimand. Should the Director deem the violation to be of a sufficiently flagrant nature, he shall report the same to the Township Manager and to the governing body with his recommendations with reference to the filing of charges.
b.
The Director of Public Safety, with the assistance of any other members of the Police Division who shall be detailed for the purpose, shall keep a complete record as required and shall report in writing to the Township Manager for presentation to the Township Council at their first regular meeting in each month on all matters of importance pertaining to the Division, making such recommendations as in his opinion will increase the efficiency of the Division.
c.
The Director of Public Safety shall recommend to the Township Manager the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use and shall be held responsible for its care, cleanliness and safekeeping.
[Ord. No. 10-1973, § 3-8; amended 5-11-2016 by Ord. No. 24-2015; 10-12-2023 by Ord. No. 14-2023]
There are hereby established the following positions within the Department of Public Safety, Division of Police, none of whom shall be considered to be members of the police force:
a.
Special law enforcement officers - Class I, Class II and Class III.
1.
Special law enforcement officer - Class I: appointment; qualifications; oath; powers and duties; restrictions; supervision and direction.
(a)
The Township Manager may appoint such number of Class I special law enforcement officers as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time. Those appointed to this position shall be qualified and trained in accordance with law, sworn as provided in Subsection 2-16.5, and shall be under the supervision and direction of the Director of Public Safety.
(b)
Class I special law enforcement officers ("Class I officers") 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 municipal ordinances and violations of Title 39 of the New Jersey Revised Statutes. All such powers shall cease upon expiration of the term for which he or she shall have been appointed. A Class I officer shall not carry or use a firearm in the performance of his or her duties and shall not be assigned any duties which may require the carrying or use of a firearm, but they may carry and use a night stick.
2.
Special law enforcement officer - Class II: appointment; qualifications; oath; powers and duties; restrictions; supervision and direction.
(a)
The Township Manager may appoint such number of Class II special law enforcement officers ("Class II officers") as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time or the number that is 25% of the total number of regular police officers, whichever is less. Those appointed to this position shall be qualified and trained in accordance with law, sworn as provided in Subsection 2-16.5, and shall be under the supervision and direction of the Director of Public Safety.
(b)
Class II officers shall have the same power and authority as a full-time, permanent Weehawken police officer, but only when on duty and in uniform, actually performing his or her public safety function as designated by the Public Safety Director, and when being compensated by the Township of Weehawken. All such powers shall cease upon expiration of the term for which he or she shall have been appointed. A Class II officer shall not be deemed to be on duty for purposes hereof while performing private security duties for private employers, which duties are not assigned by the Public Safety Director.
(c)
Class II officers, only after satisfactory completion of an approved firearms course as set forth by the Police Training Commission established in the New Jersey Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70 (the "Police Training Commission") and when specifically authorized by the Public Safety Director, shall carry a firearm issued and approved by the Public Safety Director, only while on duty, in uniform and while actually engaged in his or her assigned public safety duties. A Class II officer shall be issued the approved firearm at the start of his or her tour and shall return said firearm to the Police Desk Officer upon the completion of each tour.
(d)
Notwithstanding any provision of law to the contrary, including, but not limited to, N.J.S.A. 40A:14-146.8 et seq., a Class II special law enforcement officer may travel through another municipality in order to transport persons to and from a correctional facility.
2.1.
Special law enforcement officer - Class III; appointment; qualifications; oath; powers and duties; restrictions; supervision and direction.
(a)
The Township Manager may appoint such number of Class III special law enforcement officers as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time. Those appointed to this position shall be qualified, trained, restricted and governed in accordance with law, including but not limited to the applicable provisions of N.J.S.A. 40A:14-1468, et seq., entitled "Special Law Enforcement Officers Act," shall be sworn as provided in § 2-16.5, and shall serve under the supervision and direction of the Director of Public Safety.
3.
Special law enforcement officers shall work part-time and shall not exceed 20 hours per week, except during periods of emergency, and will be assigned at the discretion of the Public Safety Director.
4.
Special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Township, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
5.
A special law enforcement officer shall be appointed for an initial, probationary period of four months; provided, however, that he or she may be separated from that appointment at any time, without cause or hearing. Thereafter, if reappointed, he or she shall be appointed for a term not to exceed one year. Nothing herein shall be construed to require reappointment at the end of any term. All appointments, including any reappointments, of special law enforcement officers shall be made with preference given to those whose primary residence is in the Township of Weehawken.
6.
Every special law enforcement officer shall be considered to be a "law enforcement officer" for purposes of Subsection 2-16.14 of the Revised General Ordinances of the Township of Weehawken, 1987, and shall be subject to the drug testing program established thereunder and in effect from time to time.
b.
Traffic control officers: appointment; term; qualifications; oath; powers and duties; restrictions; supervision and direction.
1.
The Township Manager may appoint such number of traffic control officers as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time.
2.
A traffic control officer shall be appointed for an initial, probationary period of four months; provided, however, that he or she may be separated from that appointment at any time, without cause or hearing. Thereafter, if reappointed, he or she shall be appointed for a term not to exceed one year. Nothing herein shall be construed to require reappointment at the end of any term. All appointments, including any reappointments, of traffic control officers shall be made with preference given to those whose primary residence is in the Township of Weehawken. Nothing herein shall be construed to require reappointment at the end of a term.
3.
Traffic control officers shall be under the supervision and direction of the Director of Public Safety and shall be qualified and trained in accordance with a Statement of Policies and Procedures for Traffic Control Officers, to be adopted and maintained by the Director of Public Safety, which may be amended by the Director from time to time. Traffic control officers shall be sworn as provided in Subsection 2-16.5 and have such powers, responsibilities and duties as are set forth in the Director's Statement of Policies and Procedures for Traffic Control Officers from time to time. All such powers shall cease upon expiration of the term for which he or she shall have been appointed.
c.
Adult school crossing guards: appointment; term; qualifications; powers and duties; restrictions; supervision and direction.
1.
The Township Manager may appoint such number of adult school crossing guards as he shall deem appropriate, in consultation with the Director of Public Safety, but not more than the number as may have been designated by the Township Council from time to time. Adult school crossing guards shall be appointed for a term not to exceed one year. Nothing herein shall be construed to require reappointment at the end of any term. All appointments, including any reappointments, of adult school crossing guards shall be made with preference given to those whose primary residence is in the Township of Weehawken. Nothing herein shall be construed to require reappointment at the end of a term. Those appointed to this position shall be qualified and trained in accordance with law, shall have such powers as provided by law and shall be under the supervision and direction of the Director of Public Safety. All such powers shall cease upon expiration of the term for which he or she shall have been appointed.
[Ord. No. 10-1973, § 3-9]
The Police Division shall:
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, public meetings and assemblages.
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, and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Township for such purposes.
[Ord. No. 10-1973, § 3-11]
Each regular police officer shall hold his office and continue in his employment during good behavior, efficiency and residence in the Township, and no person shall be removed from office or employment for any other causes than incapacity, misconduct, neglect of duty, nonresidence, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter established for the Division, or absence from duty without just cause for five days or more.
Any member of the Division may be suspended, removed, fined or reduced from his office or employment therein for just cause upon due notice and service of written charges and a hearing.
[Ord. No. 10-1973, § 3-12]
All promotions to superior positions in the Police Division shall be made from the membership of the Division as constituted at the time of promotion and shall be made with due regard to the length of service of the person proposed to be promoted and his merit in the Division, preference being given to him who has served the longest period of time in the Division. No person shall be eligible for promotion to a superior position unless he shall have first served one year in the grade of patrolman in the Division.
[Ord. No. 10-1973, § 3-13]
There shall be established an Identification Bureau in the Police Division and it shall be in charge of a person selected from among the members of the Police Division. The Identification Bureau shall make, keep, interpret and use all forms of criminal identification, including the taking, interpreting and filing of finger prints, photographs, and any and all other pertinent data relating to identification of persons or objects; and generally aid and assist in the detection and solving of crimes and violations of laws for the purpose of insuring the proper administration and enforcement of the laws of the United States, the State of New Jersey, the County of Hudson and the Township of Weehawken.
[Ord. No. 10-1973, § 3-14]
There is created in the Police Division a bureau which shall be known as the Youth Bureau, under the supervision of a Director who shall be a member of the Police Division and designated by the Director of Public Safety. The Youth Bureau shall at all times exercise and perform its functions, powers and duties subject to and in accordance with the provisions of law and under the direction of the Director of Public Safety.
The Youth Bureau shall be charged with the responsibility for the proper investigation and disposition of all cases reported to the Police Division in which juveniles are involved as the offenders or victims. The Bureau shall dispose of all cases in a manner which shall be to the best interest of the juvenile and society. It shall have as its primary aim and purpose the prevention of crimes committed by juveniles and shall report all conditions which might serve as a contributing cause of juvenile delinquency to the Director of Public Safety. The Youth Bureau shall follow a definite program of crime prevention among juveniles, obtaining the necessary cooperation of social agencies and of all other interested individuals and groups, and in all cases of arrest or detention of juveniles it shall cause the parents, guardian or relatives to be notified.
The Youth Bureau shall enlist the aid of all organizations whose specific function is the rehabilitation of juvenile offenders, and shall at all times follow closely the recommendations and suggestions of the judge of the juvenile and domestic relations court.
It shall be the responsibility of the Youth Bureau to handle all juvenile cases coming to the attention of the Police Division, protecting the juveniles insofar as possible from publicity and from older offenders, advising them on their problems, making a study of environmental and other contributing factors with a view to correction. The Youth Bureau shall be responsible for the keeping of records pertaining to offenses and offenders, and shall submit a written report to the Director of Public Safety of all its activities. The Bureau shall also perform such other duties as may be assigned to it by the Director of Public Safety.
[Ord. No. 10-1973, § 3-15; Ord. No. 5-1984; Ord. No. 9-1987; New]
a.
Fees established. The following fees are established for certain services extended and material distributed by the Police Division of the Township.
1.
For copies of all reports which are noncriminal, $2. Copies sent by mail, $5.
2.
For fingerprints for each person, $10. (Fingerprinting for employees of Alcoholic Beverage Licensees, $25.)
3.
For services in reference to all applicants, a permit to purchase a pistol or revolver, $5.*
4.
For each photostat or photocopy, per page, $1.
5.
Good Conduct Letter, $5.
6.
Searching Fee, $5.
* and all other fees applicable. |
b.
Place of examination; times. The review of reports, photostats or photocopies of reports and the viewing of accident scene photographs shall be conducted and allowed at the identification and record bureau at headquarters of the Police Division of the Township daily, Monday through Friday, from 9:00 a.m. to 4:00 p.m. only.
c.
Accounting to Township. All such fees and charges collected shall be paid over and accounted for to the Township Council by the identification and record bureau of the Police Division on the first of each month.
[Ord. No. 3-2000; amended 5-11-2016 by Ord. No. 24-2015]
a.
Trainees.
1.
All newly appointed law enforcement officers are informed that drug testing is mandatory during basic training. Newly appointed officers are further informed that a negative result is a condition of employment and that a positive result will result in: (a) the officer's termination from employment; (b) inclusion of the officer's name in the Central Drug Registry maintained by the Division of State Police; and (c) the officer being permanently barred from future law enforcement employment in New Jersey.
2.
Newly appointed officers are informed that the refusal to submit to a drug test shall result in their dismissal from employment and a permanent ban from future law enforcement employment in New Jersey.
b.
Sworn law enforcement officers: reasonable suspicion testing.
1.
All sworn law enforcement officers, which, for purposes of Subsection 2-16.14, includes traffic control officers, are informed that they are subject to submit to drug testing on an individual basis. This testing may be ordered by the Director of Public Safety or his designee when there exists reasonable suspicion to believe that the officer is illegally using drugs.
2.
Before an officer may be ordered to submit to a drug test based on reasonable suspicion, the agency shall prepare a written report which documents the basis for the reasonable suspicion. The report shall be reviewed by the County Prosecutor or the Director of Public Safety or his designee (either the Deputy Director or the Deputy Chief) of the law enforcement agency before a reasonable suspicion test may be ordered. Under emergent circumstances, approval may be given for a reasonable suspicion test on the basis of a verbal report. A subsequent written report upon request shall be given to the police officer. Prior to testing, the police officer shall have the opportunity to speak to a representative of the PBA, where practicable.
3.
Officers are advised that a negative result is a condition of employment as a sworn officer and that a positive result will result in: (a) the officer's termination from employment; (b) inclusion of the officer's name in the Central Drug Registry maintained by the Division of State Police; and (c) the officer being permanently barred from future law enforcement employment in New Jersey.
4.
Officers who refuse to submit to a drug test based on reasonable suspicion after being lawfully ordered to do so are subject to the same penalties as those officers who test positive for the illegal use of drugs.
c.
Sworn law enforcement officers: random drug testing.
1.
Officers are advised that the Weehawken Police Department has established a random drug testing program in accordance with N.J.S.A. 40A: 14-118 which will be conducted in compliance with the New Jersey Attorney General's Guidelines, revised Drug Testing Policy September, 1998.
2.
All sworn law enforcement officers, including traffic control officers, of the Department of Public Safety are subject to random drug testing regardless of rank or assignment.
3.
When a random drug test is conducted, no less than five officers shall be selected to participate in the random drug test.
4.
The participants will be selected through the use of a lottery system where each officer will have an equal chance to be selected for a test each and every time a selection takes place.
5.
This selection process will be verified and documented and a representative of the collective bargaining unit(s) will be permitted to witness the process. The lottery system shall be verified by a representative of the PBA; however, the PBA representative will not be provided with the identity of those chosen to be randomly selected. Rather, the PBA representative will be present to verify that all police officers are part of the pool for the selection under the random system.
6.
Any officer of this agency who discloses the identity of an officer selected for random drug testing or the fact that a random selection is scheduled to take place prior to the collection of the urine specimens shall be subject to discipline.
7.
Urine specimens from selected officers will be collected in a prompt, efficient and confidential manner. Officers who refuse to submit to a drug test when randomly selected will be immediately suspended and are subject to the same penalties as those officers who test positive for the illegal use of drugs.
[Added 5-11-2016 by Ord. No. 24-2015]
a.
Duties and responsibilities of this Division. The duties and responsibilities of this Division shall be as follows:
1.
To have charge of the storage, operation, and maintenance of the public safety signal system and be responsible for its efficient and continuous functioning.
2.
To supervise and assist in the installation, operation and maintenance of the public safety signal system; direct the design, construction and maintenance of any specialized electrical, electronic and other assemblies; have the responsibility for maintaining uninterrupted service on the entire public safety signal system; make certain that all operating points on the entire system are properly covered; plan ahead to avoid obsolescence and to permit necessary expansion of the public safety signal system; prepare specifications for equipment to be purchased, covering type, amount, quality and operating characteristics; prepare suitable reports; make personal inspections of public safety signal system facilities; prepare an annual budget; conduct in-service training courses; establish and maintain suitable records and files; participate in training courses, and do other related work as required; repair, maintain and straighten traffic signs, lights and signals; and be responsible for painting streets, traffic lines, curbs, driveways, fire lanes and no-parking areas around fire hydrants.
b.
Assignments. The Director of the Department of Public Safety is empowered to assign such members of the Police Division, or otherwise, as assistants to the Public Safety Signal System Maintenance Superintendent as the Director may deem necessary in order to operate the Division properly and efficiently, subject to approval or ratification of such assignments by the Township Manager.
[Added 10-24-2022 by Ord. No. 11-2022]
a.
Exemption from Law Enforcement Examination for Hiring Entry-Level Law Enforcement Officers. The Township, acting through its appropriate appointing authority, is hereby authorized, pursuant to N.J.S.A. 11A:4-1.3, to hire as entry-level law enforcement officers, persons who have successfully completed a full Basic Course for Police Officers training course at a school approved and authorized by the New Jersey Police Training Commission, and who are otherwise qualified to serve as police officers.
b.
Exemption from Civil Service Exam for Certain Entry-Level Law Enforcement Officers. Persons hired pursuant to paragraph a above shall be exempt from the requirement to take the Civil Service law enforcement examination for an entry-level law enforcement position.
[1]
Editor's Note: Former § 2-17, Fire Department, adopted by Ord. No. 10-1973, as amended, was repealed 5-11-2016 by Ord. No. 24-2015. The Township is a member of the North Hudson Regional Fire and Rescue, which performs the firefighting and all other related functions for the Township, except for fire prevention, which remains a function of the Weehawken Department of Public Safety.