[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
There shall be a Fire Department of the Borough of Keyport which
shall have jurisdiction coextensive with the municipal boundaries
of the Borough. The Fire Department shall consist of the departmental
officers of Chief, First Assistant Chief, Second Assistant Chief,
and Third Assistant Chief, which shall constitute the Board of Fire
Chiefs. There shall also be a departmental secretary, engineer, and
a National Fire Incident Reporting System Coordinator, who shall be
appointed by the Board of Fire Chiefs.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The company organization of the Fire Department shall consist
of Hook and Ladder Co. No. 1, consisting of 23 active persons; Engine
Co. No. 1, consisting of 23 active persons; Lincoln Hose Co. No. 1,
consisting of 28 active persons; Eagle Hose Co. No. 4, consisting
of 18 active persons; Raritan Hose Co. No. 2, consisting of 18 active
persons; Liberty Hose Co. No. 3, consisting of 18 active persons;
and Fire Patrol, consisting of 18 active persons. Each fire company
shall be known by the name selected by its own members.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Additional companies may be added to the Fire Department by
majority vote of the Borough Council. The number of members of any
additional company shall be determined by majority vote of the Council,
but shall not exceed 18 active members.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Members of the Fire Department of the Borough shall be divided
into classifications as follows:
a.
Active. An active member shall be one responsible for
performing all the duties required of an active firefighter and who
shall have met all requirements for full membership. He/she shall
have full voting rights as hereinafter set forth.
b.
Associate and/or reserves. An associate and/or reserve
member shall be the one responsible for performing all the duties
required of an active firefighter and who shall have met all requirements
for full membership. Associate members shall not have the right to
vote or hold line/firematic office.
c.
Exempt. Any exempt member is a person who shall have
served for a period, or for separate periods, not concurrent, amounting
in the aggregate to seven years as an active member of the Fire Department
of the Borough shall be entitled to the exemption prescribed by law
for such service. Exemption certificates may be issued to members
of the Fire Department who shall have served seven years active duty,
under municipal control, as required by law of April 20, 1935, as
amended May 26, 1936.
d.
Life members. Life membership must be recommended by
the fire company and approved by the Board of Fire Chiefs or may be
recommended and approved by the Board of Fire Chiefs. The Borough
Council must confirm an applicant for life membership who has met
the requirements for selection and upon confirmation, the applicant's
name shall be entered on the roll of life members kept by the Borough
Clerk. Life membership certificates may be issued to firemen in good
standing, provided that they have served 25 years in active service.
A life member may serve on any committee or hold any appointed office
in the Fire Department at the discretion of the Board of Fire Chiefs.
A life member shall not be required to maintain the 50% duty requirement.
Residency requirements set forth above shall not apply to life members
who are not on active duty status.
e.
Auxiliary. The several companies may provide for the
establishment of auxiliaries. Such auxiliary shall be a subsidiary
of and subordinate to the fire company. However, such auxiliary members
shall not perform any duties nor have any of the powers of active
firefighters.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The Chief and Assistant Chiefs shall be elected by the members
of the Fire Department on the first Wednesday of December of every
year. Voting shall be limited to active members of the Fire Department
in good standing. The Chief and Assistant Chiefs shall be chosen from
among the members of the constituent companies of the Fire Department,
but in no case shall the Chief and/or Assistant Chiefs be members
of the same company. To be eligible for the Board of Fire Chiefs,
the member selected must be a Captain or ex-Captain of/or in the Department
and have served seven years as an active member. No person shall be
eligible to assume or maintain the position of Chief or Assistant
Chief without Incident Management Level 2 certification or timely
satisfaction of any other requirements as may be established by state
law or regulation and shall provide copies of the required certifications
and requirements to the department secretary before taking office.
[Ord. No. 3-79; Ord. No. 2-85; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
The election of Chief shall be in the following rotation in
the Fire Department: Hook and Ladder, Raritan Hose, Liberty Hose,
Lincoln Hose, Eagle Hose, Fire Patrol (Fire Police), and Engine Company.
[Ord. No. 3-79; Ord. No. 32-89; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
Each fire company shall provide a current roster of all members
who are eligible to vote and, if applicable, the name of the fire
company's candidate for Third Assistant Chief to the Department
Secretary by the 1st of November. The Department Secretary shall certify
each name on the supplied rosters and prepare a master list of all
members who are eligible to vote. The Department Secretary shall also
prepare one ballot with the names of the candidates and their respective
positions for each name on the master list of all members who are
eligible to vote. The election shall be held at a place in the Borough
designated by the Board of Chiefs. The polls shall open at 8:00 p.m.
and shall close at 9:00 p.m., and shall be overseen by the Fire Election
Committee. This Committee shall consist of the Fire Commissioner or
his designee, all of the ex-Chiefs present, and the Department Secretary.
The Committee shall designate one of their members to act as judge
of the election and one to act as clerk. The judge of the election
shall appoint two tellers. In the absence of sufficient members of
the Fire Committee to fill the respective offices of judge of election
and clerk, the offices shall be filled for the election by persons
elected by the members of the Fire Department then present.
In the event of a firematic emergency, call for aid, or other
situation where response of the Fire Department is required before
or during the election, the Fire Committee shall extend the hours
of the polls for a reasonable amount of time as determined by majority
vote of the Fire Election Committee so as to allow those members involved
in the firematic emergency, call for aid, or other situation where
response of the Fire Department is required to attend the election
to and cast their votes.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
A statement of the election result shall be signed by the judge
and clerk of the election and transmitted to the Borough Clerk, who
shall submit it to the Borough Council at the next regular meeting
held after the election. The Borough Council shall canvass the returns
and certify the result. The person having a plurality of the votes
cast for Chief shall be confirmed as Chief by the Borough Council,
and the persons having a plurality of the votes cast for First, Second,
and Third Assistant Chief, respectively, shall also be confirmed.
From the first day of January next ensuing the election, the Chief
and First, Second, and Third Assistant Chiefs shall each hold their
respective offices or positions for one year or until the election
and confirmation of their successors. In the event of any election
resulting in a tie for any offices, a special election shall be held
within 10 days between the tying candidates.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
In the event a vacancy shall occur for Chief or any Assistant
Chiefs, the fire company of the person so vacating shall have 30 days
to a) place an ex-Chief so eligible in rotation for the remainder
of the term; b) promote present personnel one step, and fill the lower
positions through the next company in rotation at the next regularly
scheduled Fire Department meeting; or c) within 30 days following
the first 30 days, conduct a special election as set forth above.
In the case of a vacancy for Third Assistant Chief, the fire company
of the person so vacating shall have the option, exercised within
30 days, of placing an eligible member in the position to serve out
that year and to stand for election for Second Assistant Chief at
the next ensuing Department election.
[Ord. No. 16-06; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
If, as determined by a majority vote of the Board of Fire Chiefs, a Chief or Assistant Chief is absent due to illness, injury, or incapacitation, the Board of Fire Chiefs, by majority vote, may select a temporary replacement to serve during the period of the member's absence, not to exceed the remainder of the absent member's term, in accordance with the procedures for filling a vacancy set forth in Subsection 3-31.5 of the Code of the Borough of Keyport.
[Ord. No. 17-95; Ord. No. 4-00; Ord. No.
14-01; Ord. No. 14-11; amended 12-20-2016 by Ord. No.
28-16; 2-5-2019 by Ord. No. 2-19]
a.
Application. A prospective member (male or female,
herein referred to as "he" or "his") shall make application to the
company which the applicant desires to join. The application shall
be on a Fire Department approved standard application form. All applicants
must sign a "Release of Information" form as adopted by the Fire Department.
Each applicant shall be found physically fit to perform the duties
of the type of membership being applied for.
b.
Confirmation. Upon the applicant's approval by
the fire company for membership, such applicant shall become a member
in good standing of the Department. Any applicant for active membership
must be approved by the Chief and confirmed by the Borough Council.
The name of each new member shall be entered on a roll of firemen
kept by the Borough Clerk.
c.
Requirements for new members.
1.
Within 90 days of becoming a member of the Keyport
Fire Department, every new member shall attend a class in blood-borne
pathogens and shall be eligible to receive the series of inoculations
for hepatitis B or other inoculations required as per county, state
or federal regulations.
2.
Within two years of becoming an active member of the
Keyport Fire Department, every new member shall attend and pass the
Firefighter 1 Training Course at the Monmouth County Fire Academy
or an equivalent, accredited course. Extensions may be granted for
good cause.
[Ord. No. 3-79; Ord. No. 6-86; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-01; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
a.
Any person applying for membership in the Keyport Fire
Department shall meet the following requirements:
1.
Have attained the age of 18;
2.
Be a citizen of the United States or legal resident;
3.
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; and
4.
Meet one of the following residency requirements:
(a)
Reside within the corporate limits of the Borough
of Keyport;
(b)
Reside in the Borough of Union Beach, Borough
of Matawan, Township of Aberdeen, or Township of Hazlet;
(c)
Reside within two miles of the municipal boundary
of the Borough of Keyport; or
(d)
Must maintain employment within the corporate
limits of the Borough of Keyport and work at least 25 hours per week.
b.
Any member of the Fire Department who fails to maintain
the requirements of Subsection 3-33.2a.4 above shall immediately cease
to be a member of the Fire Department. Any active member seeking to
hold the office of Chief Engineer, First or Second Lieutenant, Captain,
Assistant Chief or Chief of the Fire Department shall meet the requirements
of either Subsection 3-33.2a.4(a), (b), or (c).
c.
Any active member of the Fire Department shall not
be continuously absent from his municipality of residence or, alternatively,
his employment if within the corporate limits of the Borough, for
a period longer than one month without the written permission of the
member's company. Any member so absent without permission may
be stricken from the Fire Department rolls by a majority vote of the
Borough Council.
d.
An active member shall not be active in two or more
companies of the Fire Department.
e.
Membership in the Keyport Fire Department shall not
guarantee participation in the New Jersey State Fireman's Association,
General Relief Fund. Any applicant or member who does not meet the
physical, age and other requirements established by said Association
may not be eligible to participate in the General Relief Fund and
must execute and return a form[1] signed by the Chief to the Borough Administrator acknowledging
no entitlement to any benefits provided thereunder.
[1]
Editor's Note: The form referred to herein is on file in the
office of the Borough Clerk.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Each member of the Fire Department shall, in each and every
year, perform at least 50% of duty which shall consist of actual attendance
and duty at fires and drills. A record shall be kept of this attendance
and duty by the Chief and reported to the Borough Council annually.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Each fire company shall be under the direction and control of
a Captain, First Lieutenant, Second Lieutenant and Chief Engineer,
who shall be severally elected by the membership of the fire company
to which they respectively belong, as set forth by their respective
bylaws. Each fire company shall elect a company Secretary, who shall
keep a record of the membership of his fire company and shall render
a written report to the Chief by December 31 of each year, stating
the number of fires and alarms of fire, general inspections, drills
and parades, and a count of and the names of all members attending
in each instance. Any vacancy which may occur during the year shall
be filled by the fire company at the first regular meeting after the
vacancy is created, and in accordance with its bylaws. Each fire company,
whenever a vacancy exists among its officers, shall nominate and elect
by a vote of the majority of the members of the fire company present
a qualified person. Should any such fire company fail to nominate
and elect any officer within 30 days after the vacancy occurs, the
Chief may appoint an eligible person from that fire company for the
vacant position.
[Ord. No. 18-95; Ord. No. 4-00; Ord. No.
14-11; amended 2-5-2019 by Ord. No. 2-19]
a.
Authorization. This subsection is enacted pursuant
to N.J.S.A. 40:48-1 which directs municipalities to act for the health,
welfare, and safety of its citizens.
c.
Contents of application. Any person desiring membership
in the Fire Department shall complete, in duplicate, filing the same
with the Fire Department, an application, the form of which may be
prescribed by the Fire Department, 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.
Whether applicant has been convicted of a violation
of N.J.S.A. 2C:17-1 which includes the following offenses:
7.
Any conviction within the 10 years previous to the
date the application is filed of a violation of N.J.S.A. 2C:33-3,
False public alarms; annual report.
8.
Such other information as required by law, or as the
Fire Department deems relevant to the application provided none of
such information is prohibited by law.
d.
Investigating by Commanding Officer of the Police Department
or his designee. Following the filing of such application, the fire
company shall transmit one of the applications to the Commanding Officer
of the Police Department of the Borough of Keyport 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 deemed necessary for the protection
of the public good. If, as the result of such investigation, the applicant
is found to have been convicted of a violation of N.J.S.A. 2C:17-1,
N.J.S.A. 2C:33-3, any crime involving moral turpitude, or if any other
information is found that would indicate the applicant may be a threat
to the health, safety or welfare of the community, the Commanding
Officer of the Police Department or his designee shall report such
information and the particulars thereof to the fire company President,
the Fire Department Chiefs, and the designated individual coordinating
the application.
e.
Fingerprinting. Fingerprinting of a new member of the Keyport Fire Department shall be conducted by the Commanding Officer of the Police Department or his designee as required by Subsection 3-33.5d of the Code of the Borough of Keyport. The applicant shall bear the cost of the fingerprinting.
f.
This subsection is intended to make the Fire Department
a "governmental entity" as defined in N.J.S.A. 13:59-1.1.
g.
Time limit for investigation. The above investigation
by the Commanding Officer of the Police Department or his designee
shall be completed within 30 days of receipt of the application and
the fingerprinting of applicant.
[Ord. No. 3-95; Ord. No. 32-89; Ord. No.
17-95; Ord. No. 34-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
The Chief shall have general supervision of and examine periodically
all fire apparatus, the buildings used to protect this equipment,
including the fire alarm system, and the public hydrants and fire
plugs, and shall report their condition to the Fire Commissioner (Chairman
of the Fire Committee of the Borough Council). He shall, under direction
of the Borough Council, superintend and direct in his discretion through
the Borough Administrator all necessary repairs to the engines and
other apparatus which may be ordered to be rebuilt or repaired.
[Ord. No. 3-79; Ord. No. 32-89; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
The Chief shall have supreme command of the Fire Department.
In all cases of fire within the Borough, he shall take prompt and
efficient measures and use the means of the Department to extinguish
the fire and protect life and property. At such times, he shall have
sole and absolute control and command over all fire apparatus and
all persons aiding or assisting the Department in case of actual fire.
The Chief and Assistant Chiefs shall attend fires within the corporate
limits of the Borough and are empowered and required to take charge
of any building which may be on fire; to admit any persons not firemen
to the buildings as they deem necessary to aid in the extinguishment
of the fire and preservation of all goods and all endangered property.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
In case of the death, disability, or absence of the Chief, his
command shall devolve upon and his duties be performed by the First
Assistant Chief, or in case of his death, disability, or absence,
by the Second Assistant Chief, or in the case of his death, disability
or absence by the Third Assistant Chief, if in case of his death,
disability, or absence, in case of fire, by the officer or engineer
in charge of the first apparatus on the scene, until the arrival of
a higher ranking officer, in which case command will devolve to him.
With the simultaneous arrival of equal ranking officers, command will
devolve to the higher ranking officer on the truck with the lower
identification number. In the absence of the Chief, the officer or
engineer actually in command shall have the power and authority of
the Chief.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
a.
The Chief and Assistant Chiefs are empowered to enter lawfully and examine any building, place, vehicle, or vessel where any explosive, flammable, or hazardous material may be lodged or stored. The Chief or Assistant Chiefs may direct the immediate removal of any such material, if such action is deemed advisable. A copy of such order shall be served personally or by certified mail, return receipt requested, upon the owner or managing agent of such property, and the original shall be filed with the Borough Clerk. Any failure or refusal to comply with any such order shall be punished pursuant to § 1-5, General penalty, of the Code of the Borough of Keyport.
b.
It shall be the duty of the Chief or Assistant Chiefs or their designee to inspect any chimney, flue or pipe or structure reported to him or believed by him to be dangerous and liable to cause destruction by fire. If any such condition is found, the Chief and/or Fire Official shall order it to be cleaned, repaired, renovated or removed by owner or tenant of the premises. The Chief shall inspect any building or premises where he believes any rubbish, debris, papers, rags or any other inflammable, combustible or hazardous material of any kind is kept or permitted to remain in a dangerous condition, position, or manner liable to cause destruction by fire. If any such condition is found, the Chief and/or Fire Official shall order, in writing, that it be remedied within such time as the Chief may specify, taking account of the degree of danger presented by the condition in question, and the amount of time reasonably required to correct such condition. A copy of such order shall be served personally or by certified mail, return receipt requested, upon the owner or managing agent of the property; and the original of such order shall be filed with the Borough Clerk. Any failure or refusal to comply with such order shall be punished pursuant to § 1-5, General penalty, of the Code of the Borough of Keyport.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The Captains of the respective companies belonging to the Fire
Department shall report to the Chief what supplies or equipment is
necessary, and the Chief shall report to the administration of the
Borough.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
It shall be lawful for the Chief, or such individual empowered with such duties and responsibilities as determined by § 3-34.3, in case of fire or other emergencies to cause travel in the vicinity to be suspended within any area he may deem necessary. All travel shall remain suspended for the time the Chief or empowered person shall deem necessary for the public safety, but no longer.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The Chiefs shall order one inspection, one parade and at least
two drills each year.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
a.
The Captains shall be subject to the orders of the
Chief. It shall be their duty to cause order to be observed by the
members of the Fire Department in going to, working at, or returning
from a fire and at all times when the members of the fire company
are on duty. No person shall be eligible to assume or maintain the
position of Captain without Incident Management Level 1 certification
or the timely satisfaction of any other requirements as may be established
by state law or regulation and shall provide copies of the required
certifications and requirements to the Department Secretary before
taking office.
b.
Each Captain shall be responsible for the proper care
of the fire apparatus and all other property belonging to the Borough
entrusted to the fire company under his respective command. He shall
preserve order and discipline in the fire company at all times when
on duty at fires and he shall obey all orders of the Chief. In the
absence of the Captain, the First Lieutenant shall act, and, in his
absence, the Second Lieutenant shall act.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
It shall be the duty of the First and Second Lieutenants to
aid the Captains of their respective fire companies in the performance
of their duties. In case of the absence of the Captain, the First
Lieutenant shall act until his return, and in the absence of both
the Captain and First Lieutenant, the Second Lieutenant shall act
until the return of either of them. Each of the Lieutenants shall
be obeyed accordingly. It shall be the duty of the Chief, Assistant
Chiefs, every Captain, and every Lieutenant to observe faithfully
and to enforce strictly all the provisions of this article. The Captains
and Lieutenants shall report all violations to the Chief. No person
shall be eligible to assume or maintain the position of Lieutenant
without Incident Management Level I certification or the timely satisfaction
of any other requirements as may be established by state law or regulation
and shall provide copies of the required certifications and requirements
to the Department Secretary before taking office.
[Ord. No. 17-95; Ord. No. 4-00; Ord. No.
14-11; amended 2-5-2019 by Ord. No. 2-19]
It shall be the duty of each Chief Engineer to take charge of
the apparatus of his respective fire company, subject to the authority
of the Captain. He shall prepare an annual inventory of equipment
and a list of additional equipment and repairs that are deemed necessary
for all his fire company's apparatus and its equipment, with
the advice and consent of the Captain. The Chief Engineer shall also
be responsible for proper maintenance of the apparatus and its equipment.
No person shall assume the position of Chief Engineer without having
successfully completed any currently required firematic courses.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
It shall be the duty of all firemen whenever any fire shall
break out in the Borough to report immediately upon the alarm to their
respective fire engines, hose carts, and other fire apparatus and
convey them to or near the fire location, unless otherwise directed
by the Chief, and there, under the direction of the Chief, to work
and manage the fire apparatus with all their skill and power. When
the fire is extinguished, they shall not leave, except by the direction
of the Chief, or in his absence, the senior officer in charge. Upon
receiving this direction, they shall return their fire apparatus to
their respective fire houses and render such care and attention as
may be necessary for its proper preservation or as may be prescribed
by the Chief or the Captain of their company.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The Fire Police shall also be considered as firemen, and all
above provisions for the organization, regulation, registration and
compensation of firemen shall apply to the Fire Police.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Every Fire Police officer when on duty shall wear a badge stating
his office. It shall be the duty of the Fire Police immediately upon
the alarm of fire to go to the location of the fire and render any
assistance that the Chief or Assistant Chiefs may direct to prevent
the hose or other apparatus from being damaged, the work of the firemen
from being interfered with, or to protect public and private property.
The Fire Police shall keep all persons, except those who are members
of the Fire Department or are acting under orders of the Chief or
Assistant Chiefs, far enough away from the place of the fire so that
there is preservation of the peace and protection of persons and property.
They shall promptly arrest and remove to the Borough Jail all persons,
including firemen, who shall act in a riotous or disorderly manner
or otherwise are in violation of state or municipal law while at the
incident scene. The company of Fire Police shall be subject to the
orders of the Chief and his Assistant Chiefs.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The engine, hook and ladder truck, hose cart, supply wagon,
and other machines and apparatus of the Fire Department, when driven
on any such street in attending any fire or alarm of fire shall have
the right-of-way. All persons driving vehicles shall leave a free
and unobstructed passage for any fire apparatus in the street. It
shall be the duty of every conductor and engineer on any railway upon
the approach of any fire apparatus when proceeding to a fire alarm
to immediately stop the railway car until the fire apparatus has passed.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11]
[Amended 2-5-2019 by Ord.
No. 2-19]
The members of the Fire Department are required to conduct themselves
in a professional manner at all times. Department members regardless
of rank shall be subject to disciplinary actions according to the
nature or aggravation of the offense for:
a.
Violation of these Department Rules and Regulations;
b.
An offense punishable under any federal or state law
or municipal ordinance;
c.
Negligent or intentional failure or refusal to obey
any lawful instruction or command of a superior officer;
d.
Conduct unbecoming of a member that results in a complaint,
written or verbal, from any source, including, but not limited to,
a public official, another company or department officer, or the general
public.
|
Disciplinary action in all cases will be decided on the merits
of each case.
|
[Amended 2-5-2019 by Ord.
No. 2-19]
Any officer in the member's chain of command may suspend
a subordinate for a period not to exceed two weeks.
a.
A member suspended by officers within his chain of
command has the right to appeal any suspension according to his company
bylaws. Any suspensions shall be immediately reported to the Chief
of the Department and to the Board of Chiefs.
b.
A member suspended by any chief officer has the right
to appeal in accordance with this article. The suspended member has
seven days to file a written appeal to the Chief.
c.
No person who has been expelled or suspended from the
Fire Department shall ride on any of the fire apparatus or meddle
or interfere in any way with same nor be present in any Fire Department
truck room.
[Amended 2-5-2019 by Ord.
No. 2-19]
All charges against a member shall be presented, in writing,
to an officer within three business days of the complainant's
knowledge of the incident or of the occurrence itself. The written
charges shall include the time, date, location, witnesses, and all
information pertinent to the charges.
[Amended 2-5-2019 by Ord.
No. 2-19]
a.
In all disciplinary matters, the Complaint Board of
Review, which shall consist of the presidents of each of the fire
companies, shall hold hearings with the Chief of the Department as
Chairman to preside over such hearings.
b.
Within three business days of receipt of charges, the
Fire Chief shall notify the charged member with a written copy of
the complaint to be delivered by certified and regular mail. A complaint
sent by regular mail shall be deemed to have been delivered unless
proven otherwise by the charged member.
1.
The hearing will take place within 10 business days
of the return receipt to the chairman by the post office or delivery
receipt to the Fire Chief. The Department Secretary shall record minutes
of the proceedings.
2.
The Chief will notify witnesses and participants as
to the date, time and location at which the hearing will be held.
3.
At least five of the fire company presidents, or their
designated alternates, must be present to convene hearings. No member
shall serve on the hearing board when a conflict of interest is obvious.
4.
Should the charged member accept the charges rendered
against him, the Board shall determine the penalties, which shall
commence immediately.
5.
The charged member has the right to refute the charges
against him and may present witnesses to testify on his behalf.
6.
After hearing all testimony, the Complaint Board of
Review shall immediately meet in private to determine an outcome.
Guilt or innocence shall be determined by a simple majority. The Complaint
Board of Review shall determine penalties, if any. After determining
outcome and penalty assessment, the Board shall immediately reconvene
the hearings with the charged member and announce their findings.
Any penalties assessed shall commence immediately.
[Amended 2-5-2019 by Ord.
No. 2-19]
The charged member has the right to appeal any ruling against
him.
[Amended 2-5-2019 by Ord.
No. 2-19]
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Each member of the Fire Department shall obtain a uniform and
a badge of a pattern and design approved by the Fire Department, and
the Fire Department shall issue an identification card to be carried
by each member. The Chief, and Assistant Chiefs, Captains, and Lieutenants
of each fire company shall provide themselves each with suitable badges
or emblems of rank, which shall be worn in a conspicuous place when
at a fire and going to and returning from it. Each badge shall plainly
indicate the office of the wearer.
[Ord. No. 17-95; Ord. No. 4-00; Ord. No.
14-11; amended 2-5-2019 by Ord. No. 2-19]
Upon termination of membership in the Fire Department all issued
equipment and the Fire Department issued identification card must
immediately be returned to an authorized representative of the Fire
Department.
[Ord. No. 3-79; Ord. No. 32-89; Ord. No.
17-95; Ord. No. 4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
No fire engine, hook and ladder truck, hose truck or other apparatus
shall during any alarm of fire or at any other time under any pretense
whatever be taken or removed out of its house unless the Chief, an
Assistant Chief, a Captain, a Lieutenant, a Chief Engineer, or a member
of the company is present and consents. Nor shall any engine, hook
and ladder truck, hose truck or other apparatus be taken out of the
limits of the Borough except with the consent of the Chief or an Assistant
Chief, or the Mayor, and then only if to be taken out of the Borough
for parades, repairs, drills or emergencies.
[Added 2-5-2019 by Ord.
No. 2-19]
a.
Ownership and purchase. The title to ownership of all
apparatus, equipment, hose and other property used by the Fire Department
shall be vested in the Borough. The Department shall be equipped with
such apparatus and other equipment as may be required to maintain
its efficiency and properly protect life and property from fire. Recommendations
for apparatus and equipment needed shall be made by the Fire Chief
to the Borough Council. Purchases of apparatus and equipment shall
be made only by the Borough Council at such time and in such manner
as the Borough Council determines.
b.
Housing facilities and maintenance. The Borough Council
shall have authority to lease or purchase adequate housing facilities
for all municipally owned fire apparatus, equipment, supplies and
furnishings for the Fire Department.
c.
Use and handling. No person shall use any fire apparatus
or equipment for any private purpose, nor shall any person willfully
and without authority take away or conceal any article belonging to
or used in any way by the department.
d.
Removal from Borough. No apparatus is to leave the
Borough without the consent of the Fire Chief or the next highest
ranking officer available. The officer in charge of the Fire Department
shall have the power to assign the equipment for a response to calls
for outside assistance and in other cases only when the absence of
such equipment in his or her judgment will not jeopardize fire protection
in the Borough.
e.
Authorized drivers. Only members of the Fire Department
shall be permitted to drive fire apparatus. Each driver must have
a driver's license issued by the State of New Jersey and be approved
as a driver or operator of the apparatus and must be fully instructed
in the use, care and operation of the vehicle of which he or she has
charge.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
No person except a member of the Fire Department shall enter
any room in which is stored or kept any fire engine, hook and ladder
truck, hose truck or fire alarm equipment, except when the Borough
Council shall authorize it to be used for election purposes, unless
by permission of a member of the fire company. The foregoing provision
shall not be construed to apply to the Borough Council members, or
persons who accompany them by express invitation, or to any law enforcement
officer in the proper discharge of his duty. No person shall, at any
time, drive a wagon, cart or any vehicle over, or in any way move,
any ladder, hose or any other fire apparatus, whether belonging to
the Fire Department or otherwise without consent of an officer of
the fire company or the Fire Department.
[Ord. No. 14-11; amended 2-5-2019 by Ord. No. 2-19]
Fire Department-issued equipment is for use only when the Fire
Department is dispatched for firematic emergencies, calls for aid,
or other situations where response of the Fire Department is required.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
No person shall willfully hinder, molest, or attempt to do any violence to an officer or member of the Fire Department while in the performance of his duty at a fire or in going to or returning from a fire, or in charge of a fire engine or other fire apparatus, or while on inspection, parade, or at a drill. No person shall willfully retain in his possession equipment or apparatus belonging to the Fire Department. Any violation of this section shall be punishable pursuant to § 1-5, General penalty, of the Code of the Borough of Keyport.
[Ord. No. 3-79; Ord. No. 2-85; Ord. No.
17-95; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Each fire company in good standing shall receive as reimbursement
for expenses no less than $150 per active member effective January
1, 2019. Any increase deemed appropriate may be enacted by resolution
of the Borough Council. Said compensation will be disbursed by the
Borough to the Treasurer of the fire company to be distributed pursuant
to the rules and regulations of the fire company.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
The Chief and Assistant Chiefs shall receive no other compensation for their services than provided in Subsection 3-43.1 above; however, the Borough Council may at any time, by resolution, fix a salary or other compensation to be paid to the Chief and Assistant Chiefs. The Borough Council may also by resolution fix a salary or other compensation to be paid to the Department Secretary, Department Engineer, and/or NFRS Coordinator.
[Amended 2-5-2019 by Ord.
No. 2-19]
Subject to limits prescribed by law, each of the fire companies
shall receive an annual contribution from the Borough. Such payments
shall be made for the purpose set forth in N.J.S.A. 40A:14-34 and
shall be subject to the provisions contained therein. An operating
budget shall be submitted by the Fire Department to the Borough each
year for inclusion in the Borough budget.
[Ord. No. 3-79; Ord. No. 17-95; Ord. No.
4-00; Ord. No. 14-11; amended 2-5-2019 by Ord. No.
2-19]
Each fire company shall each adopt bylaws for its own government,
not inconsistent with this chapter, rules and regulations of the Borough
Council, or the laws of this state. The fire companies shall submit
their bylaws, and any alterations or amendments, to the Borough Council
for review.
[Amended 2-5-2019 by Ord.
No. 2-19]
The members of the Fire Department shall adopt rules, regulations,
and guidelines for the government of the Fire Department; for the
response and operation of members and equipment at firematic emergencies,
calls for aid, or other situations where response of the Fire Department
is required; and for the care and management of the vehicles, equipment,
and property of the Fire Department. All rules, regulations, and guidelines
of the Fire Department shall apply to all articles within this chapter.
The Fire Department shall review the adopted rules, regulations, and
guidelines on an annual basis and any changes shall require an affirmative
vote of at least five of the seven companies to accept the changes.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
Pursuant to the authority granted by N.J.S.A. 40A:14-95, the
Council of the Borough of Keyport authorizes the creation of a Junior
Firemen's Auxiliary of the Keyport Fire Department for the purposes
of developing and creating interest among teenage residents in service
on the Volunteer Fire Department; to teach such youth basic fundamentals
of fire protection practices; to encourage interest in fire prevention
activities; and to render limited nonhazardous assistance to the Fire
Department.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
The Junior Firemen's Auxiliary (hereinafter sometimes referred
to as the "auxiliary") shall consist of up to 25 members, but the
membership may be increased from time to time by the Council by resolution
upon request and recommendation of the Chief of the Keyport Fire Department
(hereinafter sometimes referred to as the "Chief of the Fire Department").
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
The direction, management, supervision, operation and control
of the auxiliary shall be the responsibility of the Chief of the Department
with the assistance of the Auxiliary Advisors Committee (hereinafter
sometimes referred to as the "Committee"), subject to the rules and
regulations of the auxiliary as heretofore adopted by the Council
as well as relevant state and/or federal law. The Committee shall
consist of the Chief of the Department and certain members of the
Keyport Fire Department as determined by the Chief and shall serve
such term as designated by the Chief and shall perform such duties
as specified in the ordinance codified in this chapter and as may
be delegated to it by the Chief of the Department.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
An applicant for membership in the Junior Firemen's Auxiliary
shall have the following qualifications at the time of his or her
application:
a.
Be a citizen of the United States;
b.
Be aged 14 through 18 years;
c.
Be of good physical health, to be evidenced by a medical
certification to that effect after taking of a physical examination;
d.
Have the express written consent of his or her parents
or guardians authorizing him or her to apply for membership and, if
accepted, to participate in the activities of, and perform the duties
imposed upon, members of the auxiliary as such activities and duties
are delineated in this chapter and the rules and regulations of the
auxiliary. The written consent shall be acknowledged and proved in
the manner required by law for deeds to real estate to be recorded.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
a.
The Secretary of the Keyport Fire Department shall
provide each applicant with a blank application upon request.
c.
Should there be no immediate openings existing for
membership, the application shall be placed on file in numerical order
by the Secretary for future consideration; provided, however, that
the certification of good health and the parents' or guardians'
consent must bear a date within one month of the date the application
is being reconsidered.
d.
The completed application, certificate and permission
shall be forwarded to the Advisory Committee, who shall be authorized
to approve or reject the application and notify the Secretary of its
decision. The Secretary shall notify all applicants of the decision
of the Committee.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
a.
Junior firefighters shall be expected to attend all
training sessions in each year. For those junior firefighters who
are then enrolled in secondary education, they shall not participate
in any Department activity during those hours when such schools are
in session.
b.
Junior firefighters shall at all time conduct themselves
in a gentlemanly manner becoming a member of the Department.
c.
Junior firefighters, when responding to a fire, shall
obey all traffic rules and regulations. Any member who shall be convicted
of any moving violation of the motor vehicle laws of this state while
responding to a fire, or function of the Department may be subject
to suspension by the Advisory Committee. A second conviction of a
moving violation of the motor vehicle laws while responding to a fire,
or function of the Department may subject the member to dismissal
by the action of the Advisory Committee.
d.
Junior firefighters shall not be permitted to enter
any burning structure or to engage in any activity while on duty or
engage in a function of the auxiliary which would expose the junior
auxiliary firefighter to the same degree of hazard as a regular member
of the Fire Department. Activities of junior fighters under 16 years
of age shall be limited to:
e.
At all times while on duty or while engaging in any
activity of the auxiliary, all junior firefighters shall immediately
obey any order or direction of the commanding officer of the Fire
Department then on duty. Failure by any member of the Junior Firemen's
Auxiliary to obey an order or direction of the commanding officer,
or failure to comply with the rules and regulations of the auxiliary
or of the Fire Department as they may apply to the auxiliary, shall
result in suspension or dismissal of such member.
[Added 12-20-2016 by Ord.
No. 28-16; amended 2-5-2019 by Ord. No. 2-19]
All probationary and regular members of the Junior Firemen's
Auxiliary shall be covered by such policies of insurance as are now
or hereafter put in effect for the protection of the members of the
Fire Department.
