As used in this section:
a.
CRIMINAL HISTORY RECORD BACKGROUND CHECK — Shall mean a determination
of whether a person has a criminal record by cross-referencing that
person's name and/or fingerprints with those on file with the Federal
Bureau of Investigation Identification Division and/or the State Bureau
of Identification of the New Jersey State Police.
b.
CRIMINAL HISTORY RECORD INFORMATION OR CHRI — Shall mean information
collected by criminal justice agencies concerning persons and stored
in the computerized databases of the New Jersey State Police SBI Criminal
History Information System, the National Law Enforcement Telecommunications
System or other states' computerized repositories containing criminal
history record information consisting of identifiable descriptions
and notations of arrests, indictments or other formal criminal charges,
and any dispositions arising therefrom, including convictions, dismissals,
correctional supervision and release.
c.
STATE BUREAU OF IDENTIFICATION OR SBI — Shall mean the New
Jersey State Bureau of Identification created by P.L. 1930, c.65 (N.J.S.
52:1-12 et seq.) as a bureau within the Division of State Police.
d.
NONCRIMINAL JUSTICE PURPOSE — Shall mean any purpose, other
than administration of criminal justice or criminal justice purpose,
including employment and licensing, for which applicant fingerprints
or name search requests are submitted by authorized requesters as
required or permitted by a Federal or State statute, rule or regulation,
executive order, administrative code provision, local ordinance, resolution
or by this subsection, to the State Bureau of Identification for the
dissemination of criminal history record information.
e.
DESIGNATED CHRI AGENT — Shall mean a qualified independent
third party, contracted by the township, to serve as a repository
and transmitter of information between law enforcement agencies and
the township for the purpose of facilitating criminal background checks.
f.
DEPARTMENT — Shall mean the Township of Ocean department of
human services.
g.
DESIGNATED YOUTH WORKER — Shall mean a volunteer or employee
(18 years or older) with unsupervised direct access to minors participating
in township sponsored programs.
h.
TOWNSHIP SPONSORED PROGRAMS — Shall mean any programs sponsored
by the township and operated under the direction of the department
of human services.
a.
The township requires that all designated youth workers submit to
a criminal history record background check.
b.
The township or designated CHRI agent shall request a criminal history
record background check only upon receipt of the written consent to
the check from the prospective designated youth worker.
c.
Division of State Police shall inform the department or designated CHRI agent, whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense set forth in subsection 2B-1.3 of this section.
d.
The township shall bear the costs associated with conducting the
criminal history record background checks.
a.
A person may be disqualified from serving as a designated youth worker
if that person's criminal history record background check reveals
a record of conviction of any of the following crimes or offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1
et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq., or N.J.S.2C:15-1
et seq.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.2C:24-1
et seq.
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey would constitute any of the crimes or disorderly persons
offenses described in paragraph 1 of this subsection.
3.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the designated youth
worker, the township shall presume that the employee or volunteer
is innocent of any charges or arrests for which there are no final
dispositions on the record.
4.
The determination of whether the information contained in the criminal history record is sufficient to uphold the disqualification of a designated youth worker shall be made by the director of the department of human services of the Township of Ocean or his designee following an appeal by the designated youth worker. Any designated youth worker dissatisfied with the determination by the director of the department of human services or his designee shall be entitled to file a second appeal with the criminal background check appeal panel created pursuant to subsection 2B-1.7 of this section.
a.
Prospective designated youth workers shall submit their name, address,
fingerprints and written consent to the township. The department shall
coordinate the background check with the assistance of the Township
of Ocean police department.
b.
The department or designated CHRI agent shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this section.
c.
The township may, in its discretion, engage and authorize the services
of a designated CHRI agent to conduct the criminal history record
background checks authorized under this section.
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment is restricted to authorized
personnel of the township sponsored program involving minors, on a
need to know basis, as authorized by Federal or State statue, rule
or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and dissemination of criminal history
record information obtained under this section.
b.
The township or designated CHRI agent shall limit their use of criminal
history record information solely to the authorized purpose for which
it was obtained and criminal history record information furnished
shall not be disseminated to persons or organizations not authorized
to receive the records for authorized purposes. Use of this record
shall be limited solely to the authorized purpose for which it was
given and it shall not be disseminated to any unauthorized persons.
This record shall be destroyed immediately after it has served its
intended and authorized purpose. Any person violating Federal or State
regulations governing access to criminal history record information
may be subject to criminal and/or civil penalties.
a.
If this criminal history record may disqualify a potential or existing
designated youth worker for any purpose, that person shall be notified
by the township and/or the designated CHRI agent. The disqualified
person shall be provided the opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The disqualified person shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record.
a.
Criminal Background Check Appeal Process. If the director of the
department of human services or his designee upholds the disqualification
of a designated youth worker, or denies the challenge concerning the
accuracy of a criminal history report, the designated youth worker
may appeal that determination by filing a written notice of appeal
with the township manager no later than 20 days after receiving the
determination from the director of human services department or his
designee. Any appeal requested shall proceed before the criminal background
check appeal panel.
b.
Criminal Background Check Appeal Panel. In order to monitor and supervise
the enforcement of this section by the director of the department
of human services, the Township of Ocean hereby creates a criminal
background check appeal panel, which shall consist of three members.
The composition of the criminal background check appeal panel shall
be as follows: one member of the criminal background check appeal
panel shall be the chief of police of the Township of Ocean or his
designee; two members of the criminal background check appeal panel
shall be selected by the mayor of the Township of Ocean. The terms
of the members of the criminal background check appeal panel shall
be for three years, with each member serving without compensation.
c.
Powers. The criminal background check appeal panel is granted and
shall have and exercise, in addition to other powers herein granted,
all the powers necessary and appropriate to carry out and execute
the purposes of this section, including but not limited to, the following:
To hold hearings and adjudicate appeals by designated youth workers
dissatisfied with the determination of the director of the department
of human services or his designee concerning the disqualification
of the designated youth worker. To hold hearings and adjudicate appeals
by designated youth workers dissatisfied with the determination of
the director of the department of human services or his designee concerning
the accuracy of the criminal history record.
The volunteer fire companies and first aid squads within the
Township of Ocean, in Monmouth County, New Jersey accept for membership
those persons meeting certain criteria; and pursuant to N.J.S. 15:8-1.1
persons convicted of certain offenses are not eligible for membership
in a volunteer fire company or first aid squad. In the course of fire
fighters' or first aiders' duties, volunteer fire fighters and first
aiders have access to home and businesses. The volunteer fire companies
and first aid squads need to have access to State criminal history
records from the Division of State Police/State Bureau of Identification
in order to implement and administer the above.
This section 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.
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 nonpaid membership in a part-paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
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:
a.
Name.
b.
Home address.
c.
Birth date.
d.
Social Security number.
e.
Driver's license number.
g.
Any conviction of N.J.S. 2C:33-3 False Public Alarms
h.
Any conviction of a crime or disorderly persons violation
i.
Such other
information as the volunteer fire company of first aid squad deems
relevant to the application provided none of such information is prohibited
by law.
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 Township of Ocean 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.
In connection with said investigation, the applicant shall submit
to fingerprinting, and 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 section.
The above investigation by the chief of police or designee shall
be completed within 30 days of receipt of the results of the application
and the fingerprinting of the applicant.
[Ord. No. 1621]
The Township of Ocean is required to establish an internal grievance
procedure providing for prompt and equitable resolution of complaints
alleging any action prohibited by the U.S. Department of Justice regulations
implementing Title II of the Americans with Disabilities Act; and
Title II states, in part, that "no otherwise qualified disabled individual
shall, solely by reason of such disability, be excluded from the participation
in, be denied the benefits of, or be subjected to discrimination"
in programs or activities sponsored by a public entity.
a.
Regulations. The following regulations are hereby established for
the filing of and the adjudication of complaints with respect to Title
II of the Americans with Disabilities Act:
1.
Complaints should be addressed to the ADA Coordinator, 399 Monmouth
Road, Oakhurst, NJ 07755, (908) 531-5000, who has been designated
to coordinate ADA compliance efforts.
2.
A complaint should be filed in writing or verbally, contain the name
and address of the person filing it, and briefly describe the alleged
violation of the regulations.
3.
A complaint should be filed within 30 days after the complainant
becomes aware of the alleged violation. (Processing of allegations
of discrimination which occurred before this grievance procedure was
in place will be considered on a case-by-case basis.)
4.
An investigation, as may be appropriate, shall follow a filing of
complaint. The investigation shall be conducted by the ADA Coordinator.
These rules contemplate informal but thorough investigations, affording
all interested persons and their representatives, if any, an opportunity
to submit evidence relevant to a complaint.
5.
A written determination as to the validity of the complaint and a
description of the resolution, if any, shall be issued by the ADA
Coordinator and a copy forwarded to the complainant no later than
30 days after its filing.
6.
The ADA Coordinator shall maintain the files and records of the Township
of Ocean relating to the complaints filed.
7.
The complainant can request a reconsideration of the case in instances
where he or she is dissatisfied with the resolution. The request for
reconsideration should be made within 10 days to the Township Manager,
399 Monmouth Road, Oakhurst, New Jersey 07755.
8.
The right of a person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's pursuit
of other remedies such as the filing of an ADA complaint with the
responsible federal department or agency. Use of this grievance procedure
is not a prerequisite to the pursuit of other remedies.
9.
These rules shall be construed to protect the substantive rights
of interested persons to meet appropriate due process standards and
to assure that the Township of Ocean complies with the ADA and implementing
regulations.
[Ord. No. 1665, § 1; Ord. No. 2016-2268; Ord.
No. 2016-2278]
Shall mean military members who are currently serving on
full-time status in their military capacity. Full-time status is not
limited to members of the active components of the military services;
members of any of the three components (active, reserve, and the National
Guard) may be placed into active status. All personnel in the active
components are in active status. Reservists may be placed into active
status as units or individuals. Units may be mobilized in support
of operations, such as the reserve units that have been deployed in
support of the Global War on Terror or those called up within the
United States to provide support to civil authorities. Individuals
may be placed in active status as part of the Active Guard Reserve
program, as augmentees to active or reserve component units, or to
attend full-time military training.
Volunteers in the fire district who meet the definition of
active or exempt or active life member as established by the respective
by-laws of each fire district as were in effect on January 1, 1994.
Probationary and/or paid members are specifically excluded from this
definition.
[Amended 11-5-2020 by Ord. No. 2344]
Shall mean an active member, their spouse, and all natural
or adopted children under 21 years of age who are unmarried and living
at home. All persons must permanently occupy the same residence.
Shall mean those charges established by the Township of Ocean
Council which are fully retained by the Township of Ocean as revenue.
Specifically excluded is any portion of the fee which is collected
by the township on behalf of another entity including but not limited
to the State of New Jersey, the County of Monmouth, or an outside
vendor.
Fire District No. 1 and Fire District No. 2 of the Township
of Ocean as established by state law.
[Amended 11-5-2020 by Ord. No. 2344]
Is any person who served honorably on active duty in the
armed forces of the United States. Discharges marked "general or under
honorable condition" also qualify. Other qualifying events are any
person who served in the active military, naval or air service of
the United States and was discharged from the service due to a service-connected
disability or filed a claim and was service-connected for a disability
sustained while in the service.
Members of the National Guard and Reserves may be considered
veterans if they were deployed under Title 10 (Federal Orders) and
complete that deployment and are issued a DD-214 (discharge) under
honorable conditions.
[Ord. No. 1665, § 2; Ord. No. 2016-2268; Ord.
No. 2016-2278; Ord. No. 2016-2253; 11-5-2020 by Ord. No. 2344]
a.
All active members of the fire districts and their families and active
duty military and veterans shall be entitled to the following benefits:
1.
Exemption from fees associated with membership in the municipal swim pool complex as provided for under § 14-10 of the Revised General Ordinances of the Township of Ocean.
2.
Exemption from fees for recreational programs, including resident identification cards as provided for under Chapter 16 of the Revised General Ordinances of the Township of Ocean.
3.
Exemption from the municipal portion of the Uniform Construction Code fees as provided for under Chapter 6 of the Revised General Ordinances of the Township of Ocean.
4.
Exemption
from miscellaneous fees, licenses and permits, including, but not
limited to, cat licenses, marriage licenses, certificates of occupancy,
Board of Adjustment bulk variance application fees.
b.
All paid members will be excluded from receiving any such incentives.
[Ord. No. 1665, § 3; Ord. No. 2016-2268; Ord.
No. 2016-2278]
a.
On or about January 1 of each calendar year the fire districts shall
submit to the township manager a list of all individuals who meet
the definition for active member status. Updates shall be provided
by the fire districts to the township manager on a periodic basis
to add those individuals who have completed their probationary status
or to delete individuals who have dropped their membership or who
have no longer met the criteria for active member status.
b.
On a form provided by the office of the township manager, each active member shall provide information related to family status to assist the various municipal officials in their administration of this incentive plan in order to be eligible for the benefits outlined in subsection 2B-4.2.
c.
All active members and their family must comply with all registration
procedures and complete all application forms established by the Township
of Ocean.
d.
All honorably discharged veterans must submit a copy of their DD-214
(discharge). All Active Duty Military must submit a copy of their
military identification card.
[Ord. No. 1665, § 4]
a.
Rental fees for indoor facilities including but not limited to the
West Park Recreation Center and the Oakhurst Recreation Center.
b.
Fees, licenses and permits associated with any for profit activity.
c.
Inclusion in programs when the registration is received after maximum
registration has been reached.
d.
Fees and escrows associated with planning board and board of adjustment
site plan and subdivision applications.
e.
Escrows associated with engineering inspections.
f.
Dog license fees.
g.
Posting of performance guarantees where required.
h.
Township of Ocean Sewerage Authority charges.
