The incorporated limits of the borough shall constitute the
fire district of the department.
The Little Silver Fire Department is composed of one company
known as the Little Silver Volunteer Fire Company No. 1, and any additional
companies as the borough council may authorize and approve. The officers
of the company shall be such as are elected by the respective companies
under their charters and bylaws.
No person shall hereafter become a member of the fire department
in the borough or any unit thereof, unless above the age of 18 and
not over the age of 45, a citizen of the United States, a resident
of the borough upwards of one year, unless such person is an active
fireman from another fire department in the State of New Jersey. In
such case, regardless of age, such active fireman transferring his
residence to the Borough of Little Silver may immediately make application
to become a member of the Little Silver Fire Department. Both the
aforesaid residency requirement and age requirement shall be waived
if the applicant otherwise qualifies. He shall be physically fit to
perform the duties of a fireman evidenced by a certificate to that
effect by a practicing physician of the State of New Jersey, after
physical examination.
Every person seeking to join the fire department shall make
application to the company which he desires to join and upon his election
to membership by vote of a majority of the unit present and voting,
he shall become a member in good standing, and his name shall be entered
upon a roll of firemen kept by the borough clerk.
a.
When any active member, one who has served a one year probation term, of the department shall move out of the borough limits and establish a legal residence elsewhere, he shall be transferred from active membership unless he shall relocate in the Boroughs of Fair Haven, Oceanport, Red Bank, Rumson or Shrewsbury and shall apply within 30 days of such move to his company in accordance with its bylaws. Such member shall not hold a fire office of his company, and shall comply with Article XI of such bylaws.
b.
This subsection shall be effective on January 19, 1976 and shall
be applicable to present members and past members who have moved their
residence within five years last past and shall within three months
from January 19, 1976 apply to his company for reinstatement pursuant
to bylaws.
c.
This subsection shall not be interpreted to permit non-residents
of the Borough of Little Silver who have never previously been active
members of the department to apply for active membership in same.
a.
This subsection is enacted pursuant to N.J.S.A. 40:42-1, et seq.
for the health, welfare, and safety of its citizens and to implement
N.J.S.A. 15:8-1.1.
b.
Membership in a volunteer fire company means membership in a volunteer fire company organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes; membership in a volunteer fire company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-70.1; membership in a junior fire fighter's auxiliary established pursuant to N.J.S.A. 40A:14-95; or nonpaid membership in a part-paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
c.
Any person desiring membership in a volunteer company shall complete
in duplicate, filing the same with the volunteer fire company, an
application, the form of which may be prescribed by the volunteer
fire company, but which shall contain the following information about
the applicant:
1.
Name.
2.
Home address.
3.
Birth date.
4.
Social security number.
5.
Driver's license number.
7.
Any conviction of violation of N.J.S.A. 2C:33-3 False Public Alarms.
8.
Any conviction of a crime or disorderly persons violation.
9.
Such other information as the volunteer fire company deems relevant
to the application provided none of such information is prohibited
by law.
d.
Following the filing of such application the volunteer fire company
shall transmit one copy of the application to the Chief of Police
of the Borough of Little Silver who shall conduct an investigation
to ascertain the truth of the statements made by the applicant upon
his/her application and any such other investigation of the applicant's
background as he deems necessary for the protection of the public
good. If as the result of such investigation the applicant is found
to have been convicted of violation of N.J.S.A. 2C:17-1, a, b, c and/or
d or N.J.S.A. 2C:33-3 or any other crime or disorderly persons violation
or any other information that would indicate the applicant may be
a threat to the health, safety or welfare of the community, the chief
of police shall report such information and the particulars thereof
to the volunteer fire company.
e.
In connection with said investigation, the applicant shall submit
to fingerprinting; the chief of police is authorized to submit applicant's
fingerprint card and receive State criminal history record information
from the Division of State Police/State Bureau of Identification for
use in considering the suitability of all applicants covered under
this sub-section.
f.
This subsection is intended to make the volunteer fire company an
authorized agency as defined by N.J.A.C. 13:59-1.1.
The above investigation by the chief of police shall be completed
within 30 days of a receipt of the application and the fingerprinting
of applicant.
On the first Tuesday in December in each year, the fire companies
shall elect one person to be known as the chief of the fire department
and one person to be known as the assistant chief, and such other
line officers as the fire company may designate.
The several companies of the fire department shall have power
to provide for the election of their officers and members and manage
their own affairs subject to the constitution, bylaws, rules and regulations
of the department, and the approval of the borough council, if borough
council shall see fit to exercise such right and approval in the interest
of the general welfare of the borough.
In the absence of the chief, his command shall devolve upon
and his duties be performed by the assistant chief, and in his absence
by the line officer in the order designated by the bylaws of the fire
company.
The chief shall, at the annual meeting of the mayor and council,
file a duly verified list, and report under oath, with the borough
clerk of all active members of the companies under his control and
supervision not holding exempt fireman certificates, which shall set
forth the name and residence of each such fireman, whether a citizen
of the United States, whether of good moral character, date of becoming
a fireman, age at the time, company of which he is a member and percentage
of fire duty performed during that year by each fireman.
It shall be the duty of the chief to examine, at least once
each month, all the fire apparatus and buildings in use for their
protection, and the public cisterns and hydrants, and report their
condition to the mayor and council periodically or as requested by
it, together with a record of the number of fires attended by him,
or, in his absence, by the assistant chief, and the cause of such
fires, and such other information as he shall think proper. he shall
in all cases of fire threatening danger or destruction to property,
take efficient and prompt measures and use the means of the department
and use the means of the department to extinguish the same, and shall
at such times and on all occasions of alarm of fire have sole and
absolute control and command over all the fire apparatus and all members
of the fire department and over all other fire apparatus and persons
aiding and assisting the fire department in cases of actual fire.
The committee on fire of the mayor and council shall designate the
person to superintend and direct all necessary repairs to the apparatus.
Every member of the fire department shall, in every year, perform
at least 60 per cent of duty to be composed of actual attendance and
duty at fires and drills and a record shall be kept of such attendance
and duty by the chief of the fire department and reported to the borough
council annually.
Exemption certificates may be issued to members of the fire
department who serve seven years in active duty, under municipal control,
as required by law of April 29, 1935, as amended May 26, 1936.
a.
No fire apparatus except in case of necessity, shall leave the borough
limits except by permission of the chairman of the fire committee.
In case of necessity, the mayor, chairman of the fire committee, chief,
assistant chief or other line officer may permit any apparatus to
leave the borough limits, the chief to determine the company to respond
to the call.
b.
The chief and assistant chief shall attend all fires within the corporate
limits, and are hereby empowered and required to take charge of any
building which may be on fire, to admit only such persons not firemen
to the building as they think necessary to aid in the extinguishing
of the fire and preservation of all goods and to give orders for and
to superintend the removal of all goods and preservation of an endangered
property. They may lawfully enter and examine any building, place,
vehicle or vessel where any gunpowder or other explosive or inflammable
materials or vessel where any gunpowder or other explosive or inflammable
materials may be located. The chief or assistant chief may in writing
direct the removal or securing of an material and it shall be unlawful
to neglect or refuse to comply with such written directions.
It shall be the duty of the assistant chief to inspect any chimney
flues or pipes reported to him by any citizen of the borough to be
dangerous an d liable to cause fire, and if found to be in such condition,
to order the same to be cleaned, repaired, renovated or removed by
the owner or tenants within 24 hours after service of such notice.
c.
No person shall give any false alarm of fire in the borough or shall
interfere with, injure or destroy any of the property appertaining
to or belonging to the fire department, fire alarm system or belonging
to the borough.
d.
No person shall willfully drive any vehicle over any hose or other
fire apparatus or shall in any manner willfully damage, deface or
injure any hose or other apparatus at any time.
e.
No person shall interfere with, impede, or delay any fire apparatus
in the borough in any manner or for any cause under his control.
f.
Any company which shall refuse to obey or enforce obedience of any
provision of this chapter or any direction of the borough council
or officer of the borough shall be suspended from fire duty in the
borough in the discretion of the borough council in addition to any
other penalty provided and their control over the apparatus in their
charge shall cease and revert to the borough.
