Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 1-1-57 by Ord. No. 86. Amendments noted where applicable.]
[Amended 8-27-1979 by Ord. No. 7-1979; 6-16-95 by Ord. No. 17-1995]
There is hereby authorized and established the Fire Department of the Borough of Avon-by-the-Sea, consisting of a Chief, a Deputy Chief, a Captain, a First Lieutenant, a Second Lieutenant and other designated titles and such firemen as may be approved by the Department and the Board of Commissioners. Said officers shall constitute a Board of Fire Officers, and said Fire Department shall consist of one (1) company. Its members shall be assignable by the Chief to service on specific Department apparatus.
[Amended 3-28-73 by Ord. No. 4-1973; 8-27-1979 by Ord. No. 7-1979; 8-14-95 by Ord. No. 20-1995; 9-23-13 by Ord. No. 5-2013]
No person shall hereafter become a member of the Fire Department of the Borough of Avon-by-the-Sea or any unit thereof unless he or she is above the age of eighteen (18) years and not over the age of forty-five (45) years. Applicant must be a resident of the Borough, or contiguous town, to include Belmar, Neptune, Neptune City or Bradley Beach, or be an immediate family member of an active, exempt, or life member in good standing of the Avon Fire Department (immediate family member is defined for this purpose as child, grandchild, parent, niece, nephew or sibling). If an applicant is a non-Avon resident, and meets the requirements herein, he or she must permanently reside within a five (5) mile radius of the Borough of Avon-by-the-Sea.
[Amended 8-14-95 by Ord. No. 20-1995]
Every person seeking to join the Fire Department shall make application to the company upon a Department form with appropriate fee signed by one (1) member, and, upon his acceptance by the Application Committee of the Department, he shall become a member in good standing of the Fire Department after confirmation by the Board of Commissioners, and his name shall be entered on a roll of firemen kept by the Municipal Clerk. Every member of the Fire Department shall receive a metallic badge, a certificate of membership and an identification card. The certificate of membership shall be furnished to the Chief by the Borough Clerk and shall be delivered to the member. The term of service of each member of the Department shall be from the date of approval by the Board of Commissioners.
[1]
Editor's Note: Original Section 3, which immediately followed this section, was deleted 8-27-1979 by Ord. No. 7-1979.
[Added 9-13-93 by Ord. No. 25-1993]
A. 
This chapter is enacted pursuant to N.J.S. 40:42-1 et seq. The Home Rule Act which directs municipalities to act for the health, welfare, and safety of its citizens and to implement N.J.S. 15:8-1.1.
B. 
Membership in a volunteer fire company or first aid squad means membership in a volunteer fire company or first aid squad organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes, membership in a volunteer fire company or first aid squad or similar organization constituted in a fire district pursuant to N.J.S. 40A:14-70.1, membership in a junior fire fighter's auxiliary established pursuant to N.J.S. 40A:14-95, or unpaid 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 fire company or first aid squad shall complete in duplicate, filing the same with the volunteer fire company or first aid squad, an application the form of which may be prescribed by the volunteer fire company or first aid squad, 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;
(6) 
Any conviction of N.J.S. 2C:17-1:
(a) 
Aggravated Arson; or
(b) 
Arson; or
(c) 
Failure to control or report dangerous fire; or
(d) 
Directly or indirectly pays or accepts any form of consideration for the purpose of starting a fire or explosion.
(7) 
Any conviction of N.J.S. 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 or First Aid Squad 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 or first aid squad shall transmit one of the applications to the Chief of Police of the Borough of Avon-by-the-Sea 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 N.J.S. 2C:17-1 a, b, c, or/and d or N.J.S. 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 or first aid squad.
E. 
In connection with said investigation, the applicant shall submit to fingerprinting, and the Chief of Police is authorized to submit the 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 Ordinance.
F. 
The above investigation by the Chief of Police or designee shall be completed within thirty (30) days of receipt of the results of the application and the fingerprinting of applicant.
The Board of Fire Officers shall adopt regulations for the operation of the Board and the Department.
[Amended 8-27-1979 by Ord. No. 7-1979; 4-9-96 by Ord. No. 9-1996]
The election of officers will be held the third Wednesday of November from 6:00 p.m. to 9:00 p.m. Only members qualified will be eligible for office. All voting will be by printed ballot.
[Amended 8-27-1979 by Ord. No. 7-1979]
No member shall be eligible for the office of Chief unless he has served a minimum of two (2) years as an officer in the Avon Fire Department. No member shall be eligible for the office of Deputy Chief unless he has served a minimum of one (1) year as an officer in the Avon Fire Department. No member shall be eligible for the office of Captain, First Lieutenant or Second Lieutenant unless he has served a minimum of one (1) year in the Avon Fire Department.
It shall be the duty of the firemen of the company, upon the alarm of fire, to proceed to the firehouse and place themselves under the direction of the officer in charge.
The Chief shall have the general supervision of the Department in accordance with such rules and bylaws for the government and regulations of the Department.
In the absence of the Chief and Deputy Chief from a fire, the ranking fire officer present shall assume the duties of the Chief until the arrival of his superior officer.
[Amended 8-27-1979 by Ord. No. 7-1979]
The Chief shall report monthly to the Board of Commissioners the condition of the apparatus, the number of fires during the month, their location and cause and the loss occasioned, plus a roll call of members attending fires. Reports shall be submitted by the second monthly meeting of the Board of Commissioners.
[Amended 8-27-1979 by Ord. No. 7-1979]
It shall be the duty of the Chief to see that all new hose is annually subjected to a test of two hundred (200) pounds' hydrostatic pressure and that all other hose is annually tested at one hundred twenty-five (125) pounds' hydrostatic pressure.
It shall be the duty of any fireman at a fire or drill to report to the Chief any equipment found to be defective.
It shall be the duty of the Chief to call out the company for practice drill at least once each month. The Chief shall arrange a training program to include all modern methods of fire fighting.
[Amended 8-27-1979 by Ord. No. 7-1979]
The Board of Fire Officers and Board-appointed engineers shall be charged with the duty of maintaining the apparatus in good condition and ready for immediate use.
No member of the company shall be permitted to adjust or repair any apparatus unless directed to do so by the Chief or, in his absence, the Deputy Chief.
It shall be the duty of the Chief to make a permanent record of all reports of defective, inoperative or improperly set fire hydrants, and he shall submit a report of the same to the Board of Commissioners.
The Chief and his assistants or officers in command at any fire are hereby clothed with full and complete police authority and are hereby authorized to remove any obstructions around fire hydrants and to call upon the head of any municipal department for assistance in such removal.
[Added 7-27-92 by Ord. No. 18-1992].
Fire police shall not exceed fifteen (15) in number at any one time. No member working on state quota for exemption shall be appointed a fire police. All previous appointments shall continue in effect until expiration of current time in service. Fire police shall be governed by state statute governing same.
Every person, not a fireman, who shall be present at a fire shall be subject to the orders of the Chief or any member of the Department acting under authority in extinguishing the fire, in preserving order and in the removal and protection of property.
A. 
Any fireman who is chargeable with misconduct or negligence of his duties as a fireman shall be reported to the Board of Fire Officers and the Board of Commissioners. The Board of Fire Officers shall conduct a hearing on the charges and decide the guilt or innocence of such fireman, and disciplinary action shall be taken in accordance with the regulations. The person accused and the accuser shall be given ample opportunity to be heard. The person making the accusation and the accused must be present at the hearing after being given notice. If the accuser fails to appear without sufficient reason, the charge shall be dropped. If the accused fails to appear without sufficient reason, the hearing will proceed and the accused shall be subject to the decision of the Board.
B. 
The Board of Commissioners shall be notified of the decision of the Board of Fire Officers if the accused is to be expelled; otherwise, the record shall remain the property of the Board of Fire Officers.
C. 
In the event of a decision of expulsion, the accused shall have the right of appeal to the Board of Commissioners, who shall either confirm the action of the Board of Fire Officers or refer the same back to them for a retrial.
D. 
In the event that a retrial is ordered by the Board of Commissioners, the decision arrived at by the Board of Fire Officers at such retrial shall be final, conclusive and not subject to appeal to the Board of Commissioners.
All requests for repairs or supplies for the company shall be made by the Board of Fire Officers to the Board of Commissioners for action. In case any apparatus shall become so disabled that immediate repairs of a minor nature are necessary, the Chief is hereby empowered to have the same repaired at once, as long as said repairs do not exceed the sum of one hundred dollars ($100).
Immediate reports shall be made, in writing, to the Board of Commissioners of any accident, injury, sickness or disease caused by or as a result of attending a fire, drill or social function of the Fire Department.
All members in good standing of any recognized fire company heretofore existing in the Borough of Avon-by-the-Sea shall automatically become members of the consolidated fire company affected by this chapter without loss of any benefit or credit toward exemption.
[Amended 3-28-73 by Ord. No. 4-1973; 8-27-1979 by Ord. No. 7-1979]
Exemption certificates shall be issued to members of the Fire Department who shall have served seven (7) years of active service, defined as attendance at sixty percent (60%) of fires and/or drills, under municipal control, as required by laws of July 1, 1971.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-56 and 14-59.