Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1991-1 § 5-1; Ord. No. 1996-09 § 1]
There is hereby established the Department of Public Safety, which shall consist of the following divisions:
a. 
Division of Police.[1]
[1]
Editor's Note: See Section 5-2, Police Department.
b. 
Division of Fire.[2]
[2]
Editor's Note: See Section 5-3, Fire Department.
c. 
Division of First Aid.[3]
[3]
Editor's Note: See Section 5-4, First Aid Squad.
d. 
Office of Emergency Management.[4]
[4]
Editor's Note: See Section 5-5, Office of Emergency Management.
e. 
Division of Lifeguards and Water Safety.[5]
[5]
Editor's Note: See Section 5-6, Lifeguards and Water Safety.
[1966 Code § 2.72; Ord. No. 1991-1 § 5; Ord. No. 2005-06]
a. 
There shall be a division of police within the Department of Public Safety known as the Police Department of the Borough of Belmar, which shall consist of a Chief of Police and such Captains, Lieutenants, Sergeants and regular and special policemen as the Director of Public Safety may designate, subject to the approval of the Borough Council.
b. 
The Mayor shall be designated as the Appropriate Authority and shall be responsible for the overall performance of the Police Department. The Appropriate Authority shall promulgate and adopt rules and regulations for the government of the Police Department and for the discipline of its members.
[Code § 2-7.2; Ord. No. 1991-1 § 5; Ord. No. 1994-60 § 1; Ord. No. 1998-23 § 1; Ord. No. 2000-06 § 1; Ord. No. 2001-04, § I]
All appointments to the Police Department shall be made by the Mayor and Council by appropriate resolution. Each application for a position as an officer or member of the Police Department shall have the following qualifications:
a. 
Be a citizen of the United States and meet the residency classifications as of the closing date of the civil service examination announcement, and up to and including the date of his or her appointment to a permanent position in the Police Department. All duly qualified applicants for the position or positions to be filled shall be classified as follows:
Class I. Residents of the Borough of Belmar.
Class II. Other residents of Monmouth County.
Class III. Other residents of the State.
Class IV. All other qualified applicants.
Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to such municipality who fulfill the requirements of N.J.S. 40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.
The Borough of Belmar will first appoint all those in Class I and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any such class only to a vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. This classification system shall apply only to initial appointments and not to promotional appointments of persons already members of the Police Department.
The applicant must satisfy the Mayor and Council that he or she will be able to fully perform his or her duties as a member of the Police Department of the Borough of Belmar, and a vacancy exists in the Police Department of Belmar.
b. 
Be sound in body and of good health, of good moral standing and background, possess a valid New Jersey Driver's License, and possess a background investigation check sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey that such applicant, or appointee, is eligible to membership in the retirement system.
c. 
Be able to meet the class specifications for a police officer as prescribed under the New Jersey Department of Personnel, Division of County and Government Services.
[1966 Code § 2-7.2; Ord. No. 1991-1 § 5; Ord. No. 2005-06]
The Chief of Police shall:
a. 
Be the executive head of the Police Department, subject to the direction and supervision of the Appropriate Authority, and shall be responsible for the proper and efficient operation of the department and the supervision of its activities.
b. 
Be responsible for the observation and enforcement of all laws of the State and ordinances within the jurisdiction of the Police Department; the enforcement of the rules and regulations of the Police Department; and shall perform such other duties as shall be prescribed by the Appropriate Authority.
c. 
See that all persons connected with the department are properly instructed in their duties and shall give particular attention to the training and instruction of new members thereof.
d. 
Have under his or her control all records and property of the Police Department and designate any member of the Department to prepare these reports and keep the records in such manner as he or she may prescribe, as well as take charge of such property and any other property coming into the custody of the department.
e. 
Furnish to the Appropriate Authority complete yearly reports of Police Department matters.
[1966 Code § 2-7.2; Ord. No. 1991-1 § 5; Ord. No. 2005-06]
The rights, privileges, powers and duties of the members of the Police Department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the Borough and such rules and regulations which may, from time to time, be adopted by the Appropriate Authority.
The Police Department, through its Chief, shall:
a. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.
b. 
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 Borough for such purposes.
c. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
d. 
Provide proper police attendance and protection at fires.
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
f. 
Operate a training program to maintain and improve the police efficiency of the members of the department.
g. 
Make, administer and enforce rules and regulations for the disposition, conduct and discipline of the department.
[1966 Code § 2-7.2; Ord. No. 1991-1 § 5]
The hours of employment of the uniformed members of the Police Department of the Borough of Belmar shall not exceed eight consecutive hours in any one day nor 40 hours in any one week; provided that in case of an emergency, the Chief of Police or the Director shall have full authority to summon and keep on duty any and all such members during the period of emergency.
Although certain hours will be allotted for the performance of regular tours of duty, officers are considered at all times available for duty and must act promptly at any time that their services are required, except when on authorized leave or in the event of disability.
[1966 Code § 2-7.2; Ord. No. 1991-1 § 5; Ord. No. 1997-15 § 1; Ord. No. 2014-04; Ord. No. 2014-09]
a. 
Policy. Members of the Police Department shall be permitted to accept employment as safety or security personnel for private employers only during off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough.
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted, if such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, in the opinion of the Chief, and would not unreasonably endanger or threaten the safety or health of the officer or officers who are to perform the work.
b. 
Payment. Private employers shall pay directly to the Chief Financial Officer, the hourly sum of $70 per officer for the work to be performed or $50 per officer for the work to be performed if work performed is for the schools or the Borough of Belmar. This established rate shall provide $65 or $50 per hour to the employee and $5 per hour as administrative costs, to be retained by the municipality.
The Police Chief, or his/her designee, shall estimate the number of hours anticipated to be worked, and payment for the estimated work shall be paid by the private employer to the Borough prior to commencement of the work.
If additional work time is required due to unanticipated circumstances, and such work is approved by the Police Chief, or his/her designee, the private employer shall be liable for payment to the Borough for all such additional hours worked at the specified rate and shall indicate his or her prior consent in writing to the Chief of Police, or his or her representative.
An invoice from the Borough for any balance due, or credit for any refund, if any, shall be issued by the Chief Financial Officer. Balance of payments due from private employers shall be made within 10 days of receipt of the invoice from the Borough.
[1966 Code § 2-7.2; Ord. No. 1991-1 § 5; Ord. No. 1991-29 § 1]
a. 
Appointment. The Mayor, subject to the approval by resolution of the Borough Council, may appoint special police officers for a term not exceeding one year, and revoke such appointments without cause or hearing. Such special police officers shall carry out their duties and responsibilities under the direct supervision of the Chief of Police, and their powers, rights and duties shall be specifically defined by the Chief of Police. These powers, rights and duties, however, shall immediately cease at the expiration of the term for which they were appointed, or upon revocation of their appointment. The special police officers shall not carry a revolver or other weapon at any time except as otherwise directed by the Chief of Police. The resolution approving appointment of special police officers shall designate the rate of pay, if any.
b. 
Qualifications. No person shall be appointed as a special police officer unless he or she is a citizen of the United States; is able to read, write, and speak the English language; is physically qualified and of good moral character, and has not been convicted of any crime. Every such special police officer shall be fingerprinted and his or her fingerprints shall be filed with the Division of the State Police and Federal Bureau of Investigation. Reports shall be made by the Chief of Police to the Borough Council concerning the eligibility and qualifications of any person proposed to be appointed a special police officer.
c. 
Classification of Officers.
1. 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One 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 Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
2. 
Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
[Ord. No. 2001-15; Ord. No. 2005-6]
a. 
Policy. Members of the Police Department permitted to be assigned to other law enforcement agencies at such times that will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough. Said assignments may be during regular duty or on an off-duty basis.
Any personnel assigned shall first obtain the approval of the Chief of Police, which approval shall be granted if, in the opinion of the Chief, such assignment would not be inconsistent with the efficient functioning and good reputation of the Police Department, would not unreasonably endanger or threaten the safety or health of the officer who is to perform the work and that said officer is qualified to perform the assignment. The officer shall abide by the rules, regulations and guidelines of the law enforcement agency to which he is assigned.
b. 
Payment. If a police officer so employed or assigned is to be paid by the law enforcement agency for their services, the officer may be paid directly by the law enforcement agency and in such case the provisions of subsection 5-2.6b shall not be applicable.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.1]
There shall be a Division of Fire within the Department of Public Safety known as the Fire Department of the Borough of Belmar. The Fire Department shall consist of the Fire Administrator, the departmental officers (Fire Chief, First Assistant Fire Chief and Second Assistant Fire Chief), and all duly enrolled members of the following volunteer fire companies, as shown on the enrollment books of the companies and such other members as may be hereafter elected by such individual companies, and duly approved and qualified under the provisions of this section.
a. 
Union Fire Company No. 1.
b. 
Volunteer Hook and Ladder Company No. 1.
c. 
Goodwill Hose Company.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.2; Ord. No. 2005-07]
No fire company shall have fewer than 10 members nor more than 50 active, active-exempt and probationary members. It shall be the duty of the secretary of each fire company to report in writing the exact membership of their respective fire company and furnish a complete roll of the active, active-exempt, probationary, inactive-exempt and honorary membership, giving full names and addresses of those members to the Fire Administrator on the first day in December in each year. The membership rolls shall be certified by the Captain of each fire company. It shall be the duty of the Fire Administrator to see that these reports are delivered to the Director of Public Safety and Borough Clerk in each year within the time specified above, and the Borough Clerk shall keep an accurate muster roll of all members of the Fire Department.
To be a member of the Fire Department, such person shall be a member of one of the aforestated fire companies. The membership of each fire company for voting and operation purposes shall consist of active or active-exempt only.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.3; Ord. No. 2005-07]
a. 
Elected. The elected officers of the Fire Department shall consist of a Fire Chief, a First Assistant Fire Chief and a Second Assistant Fire Chief. They shall be elected for a term of one year, commencing on the first day of January of each and every year, and shall hold officer until their respective successors are elected by a majority vote of the members of the Fire Department present at the annual election and voting as hereinafter provided.
b. 
Appointed. The Fire Administrator shall be appointed by the Director of Public Safety with the advice and consent of the Mayor and Borough Council. The Fire Administrator shall serve at the pleasure of the Director of Public Safety. The Fire Administrator shall appoint a Departmental Training and Safety Officer. The Fire Chief shall appoint a Departmental Secretary and a Departmental Treasurer to manage the Fire Department's fund-raising accounts, to serve during the term of the appointing Fire Chief's office. The Treasurer shall keep accurate records of all funds and expenditures from these accounts and submit to the Director of Public Safety an audit of the account by January 30th of the following year. Any fund-raising by the Fire Department must first have the written approval of the Director of Public Safety. The fund-raising application shall be clear on the goals and scope of the fund-raising and its purpose. Any and all other fund-raising by individual companies shall also comply with these requirements.
c. 
Vacancy. If a vacancy shall occur in the office of Fire Chief, First Assistant Fire Chief or Second Assistant Fire Chief prior to the end of his/her elective term of one year, respectively, a special departmental meeting shall be called by the Fire Administrator within 20 days after such vacancy occurs to accept nominations for the vacant position. Candidates for the vacant position shall be limited to the company of the member whose position was so vacated. All respective candidates must meet all qualifications for the office prior to election with the approval of the Fire Department Administrator. Within 15 days after the nomination meeting, a departmental election shall be held to fill the vacated office. In the case of election of a new Fire Chief to a vacated office, he or she may retain the current Treasurer or appoint a replacement in that position, as he/she sees fit.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.4; Ord. No. 2005-07]
a. 
Nominations. Nominations for the respective officers for the Department shall be made at the Department meeting held on the third Tuesday in October. Such nomination for any one office of Chief or Assistant Chiefs shall be made only by members of the respective company from which that officer is to be elected. No Chief and Assistant Chief, nor any two Chiefs, shall be nominated, elected or served from any one company at the same time.
b. 
Election. The annual election for departmental officers shall be held on the second Tuesday of November in each year, which election shall be held at the several fire houses of the different companies belonging to the Fire Department. The polls during the election shall be open between the hours of 7:00 p.m. and 9:00 p.m. prevailing time. The President of each company shall appoint, prior to the opening of the polls, judge, clerk and teller of the election. Each company Secretary shall certify the results of such election to the Fire Administrator who in turn shall make a formal report to the Borough Council at the next following regular meeting of the Borough Council for their approval by a majority vote of the Council Members present at the meeting. Each Secretary shall also send to the Fire Administrator and Borough Clerk a list of members who voted at such election.
[1966 § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.5]
It shall be the duty of each company hereinbefore named to elect on the second Tuesday in November of each year, from its membership, a company Captain, one First Lieutenant and one Second Lieutenant, to hold office for a term of one year commencing on the first day of January annually. In addition to any other qualifications of this section, the minimum qualifications for each company officer are:
a. 
Captain. Must have successfully completed the Monmouth County Fire Academy Truck Company Operations course or equivalent course (16 hours minimum). Must have served as a First Lieutenant for at least one year.
b. 
First Lieutenant. Must have successfully completed the Monmouth County Fire Academy Pump Operations course or equivalent course (eight hours minimum). Must have served as a Second Lieutenant for at least one year.
c. 
Second Lieutenant. Must have successfully completed the New Jersey Division of Fire Safety Firefighter I or equivalent course (96 hours minimum), New Jersey Division of Fire Safety Incident Management Level I or equivalent course (16 hours minimum), and Monmouth County Fire Academy Rapid Intervention Team course or equivalent course (eight hours minimum). Must have served as an active firefighter for at least three years.
The implementation of the eligibility, qualifications and/or certifications of all officers for their current rank or potential future rank(s) will be required by January 1, 2006. All officers and firefighters must possess all the required eligibility, qualifications and/or certifications prior to holding any office or rank. The Fire Administrator will be solely responsible for reviewing the eligibility, qualifications and/or certifications of all officers and firefighters prior to their election to determine eligibility for each rank. In addition, the Fire Administrator shall also review any course equivalents as permitted above, to determine if the equivalent courses meet the intended criteria.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.6]
In addition to any other qualifications of this section, the minimum qualifications for each departmental officer are:
a. 
Fire Administrator. Must be qualified for all departmental and Company ranks as stated in Belmar Fire Ordinance subsections 5-3.5a, b, c and 5-3.6b, c, d, but does not need to have held any rank.
b. 
Fire Chief. Must have successfully completed the New Jersey Division of Fire Safety Incident Management Level II course (24 hours minimum). Must have served as a First Assistant Fire Chief for at least one year.
c. 
First Assistant Fire Chief. Must have successfully completed the National Fire Academy Building Construction course or equivalent course (24 hours minimum). Must have served as a Second Assistant Fire Chief for at least one year.
d. 
Second Assistant Fire Chief. Must have successfully completed the National Fire Academy Instructional Techniques for Company Officers course or equivalent course (16 hours minimum). Must have served as a Captain for at least one year.
The implementation of the eligibility, qualifications and/or certifications of all officers for their current rank or potential future rank(s) will be required by January 1, 2006. All officers and firefighters must possess all the required eligibility, qualifications and/or certifications prior to holding any office or rank. The Fire Administrator will be solely responsible for reviewing the eligibility, qualifications and/or certifications of all officers and firefighters prior to their election to determine eligibility for each rank. In addition, the Fire Administrator shall also review any course equivalents as permitted above, to determine if the equivalent courses meet the intended criteria.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.7; Ord. No. 2005-07]
a. 
Organization. The Board of Fire Officers shall consist of the Fire Administrator who will be the presiding officer thereof. Meetings shall consist of the Fire Administrator, Fire Chief, 1st Assistant Fire Chief, 2nd Assistant Fire Chief, the Departmental Training and Safety Officer and the Captains and Lieutenants for the various companies.
b. 
Responsibilities. To discuss any and all issues related or relative to the proper operation of the Fire Department. The Fire Administrator will have overall approval over any and all issues whether administrative, operational or other. The Fire Chief may appeal any decision of the Fire Administrator to the Director of Public Safety. The Fire Chief then may, if necessary, appeal the Director's decision to the Mayor and Council.
c. 
Organizational Meeting and Subsequent Meetings. The Board of Fire Officers shall organize on the third Tuesday of January in each year at 7:00 p.m. The Board of Fire Officers shall meet on the third Tuesday of each month of the calendar year at 7:00 p.m.
d. 
Departmental Meetings.
1. 
Meetings. Departmental Meetings shall be held at least twice a year for nomination of officers and organizational purposes or by the request of the Fire Administrator, Fire Chief or with at least two out of the three fire companies requesting such a meeting. Requests shall be made in writing by said fire companies to the Fire Chief and shall state the issue(s) to be addressed. The Fire Chief shall then call for a Department meeting within 30 days of said request. The Fire Administrator has a right to be present at any departmental meeting. The Departmental Secretary is to take minutes of the departmental meetings and for other non-firematic correspondence which may be necessary. The Fire Administrator will receive copies of the minutes of the departmental meetings and correspondence.
2. 
Organization. The Fire Chief will be the presiding officer thereof. Attendance shall be open to all of the membership of the entire Department.
3. 
Responsibilities. To discuss any and all issues related or relative to the proper operation of the Fire Department.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.8; Ord. No. 2005-07]
a. 
Fire Administrator.
1. 
Submit monthly reports to the Director of Public Safety, Mayor and Borough Council as to the state of the Fire Department including, but not limited to, recommendations as to any purchases that may be necessary or desirable for the Fire Department and/or its fire companies and provide all necessary information and recommendations as to the state of the Fire Department to include all, but not limited to, fire stations, apparatus, staffing and equipment.
2. 
Serve as a liaison between the Fire Department and the Borough of Belmar.
3. 
Approve or decline the eligibility, qualifications and/or certifications of all Fire Officers and firefighters prior to their election to determine eligibility for each rank. In addition, the Fire Administrator shall also approve or decline any course equivalents as permitted by this section to determine if the equivalent courses meet the intended criteria.
4. 
Develop and implement to include, but not be limited to, any rules, regulations, guidelines and policies whether administrative, operational or other to govern the Fire Department in accordance with all Federal, State and local laws, rules, regulations or guidelines. Subject to the overall approval of the Director of Public Safety.
5. 
To review, approve, amend, and/or disapprove any rules, regulations, guidelines and policies whether administrative, operational or other to govern the Fire Department in accordance with all Federal, State and local laws, rules, regulations or guidelines.
6. 
Responsible for the management and supervision of the Fire Departments Annual Financial Budget. Responsible for formulating, preparing, submitting and dispensing the Annual Fire Department Financial Budget, as well as preparing, submitting and approving any and all purchase order requests for the Fire Department subject to the overall approval and/or veto power of the Director of Public Safety.
7. 
Responsible for the overall supervision and management of the Fire Department subject to the approval and/or veto power on any and all issues by the Director of Public Safety whether administrative, operational or other.
8. 
Responsible for any and all official Fire Department communications or correspondence which may need to be dispensed to the media, outside agencies (Fire, Police, EMS) and/or any other source, whether administrative, operational or other, subject to the overall approval of the Director of Public Safety.
9. 
Recognize and address any and all deficiencies within the Fire Department, whether administrative, operational or other.
10. 
Establish and maintain any and all Fire Department records and files to include, but not be limited to, personnel, apparatus, fire stations and equipment.
11. 
Establish and maintain a positive, public Fire Department image.
12. 
Any and all duties assigned by the Mayor and Council and/or Director of Public Safety.
13. 
Shall be the presiding officer over all Board of Fire Officer meetings.
14. 
The Fire Administrator must be qualified as a Superior Fire Officer as defined in N.J.S.A. 40A:14-54.1.
15. 
Shall create and chair when necessary any and all Committees/subcommittees to investigate fire-related issues for the good and welfare of the Department.
16. 
Authority to instill and impose corrective actions to include but not be limited to probation, suspension and termination, against any and all members of the Fire Department for any and all actions detrimental to the good and welfare of the Department to include but not be limited to infractions of any Federal, State and local laws, rules, regulations, guidelines, policies and ordinances.
17. 
Responsible for the supervision and coordination of the Fire Department with regard to the Office of Emergency Management or any other outside agency to include but not limited to any and all emergencies, standbys, pre-planned events or other.
b. 
Fire Chief.
1. 
Provide list of any purchase/budget requests that may be desirable for the Fire Department or its fire companies during the fiscal year to the Fire Administrator for review, approval or disapproval.
2. 
Supervise compliance with all Fire Department rules, regulations, policies and guidelines that have been issued and approved by the Fire Administrator and the Director of Public Safety.
3. 
Have sole command during any and all fire emergencies within the Borough of Belmar. In accordance with the provisions of Title 40A:14-54.1 of the New Jersey statutes and this section.
4. 
Any and all duties assigned by the Fire Administrator.
c. 
First Assistant Fire Chief.
1. 
In the absence of the Fire Chief assume all powers and duties of the Fire Chief.
2. 
Assist and be responsible for all duties and responsibilities as may be assigned by the Fire Chief.
d. 
Second Assistant Fire Chief.
1. 
In the absence of the First Assistant Fire Chief assume all powers and duties of the First Assistant Fire Chief.
2. 
Assist and be responsible for all duties and responsibilities as may be assigned by the Fire Chief.
e. 
Captain.
1. 
In the absence of the Second Assistant Fire Chief assume all powers and duties of the Second Assistant Fire Chief.
2. 
Subject to the overall command of the Director of Public Safety, Fire Administrator, Chief and Assistant Chiefs, the Captain of each company shall have sole command over all his/her company's apparatus and equipment.
3. 
To direct all other officers and members of his/her company in the performance of their duties.
4. 
To examine each and every month the condition of the company's apparatus, equipment and fire house, and to report on the same to the Fire Chief.
5. 
Assist and be responsible for all duties and responsibilities as may be assigned by the Fire Chief.
f. 
First Lieutenant.
1. 
In the absence of the Captain assume all powers and duties of the Captain.
2. 
Assist and be responsible for all duties and responsibilities as may be assigned by the Company Captain.
g. 
Second Lieutenant.
1. 
In the absence of the First Lieutenant assume all powers and duties of the First Lieutenant.
2. 
Assist and be responsible for all duties and responsibilities as may be assigned by the Company Captain and the First Lieutenant.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. 2002-14 § 5-3.9; Ord. No. 2005-07]
In the absence of the Fire Chiefs, the Assistant Fire Chiefs, in the order of their rank, shall perform the duties of the Chief at all fires and emergencies. In the absence of the Fire Chiefs, and Assistant Chiefs, the first Captain of any of the companies to arrive at the scene of the fire shall act as commanding officer until relieved by a higher ranking officer. In the absence of an active fire officer at the scene of a fire or emergency, the Fire Administrator may assume command until relieved by such active Fire Officer.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 1994-2 §§ 3-7; Ord. No. 1998-19 § 1; Ord. No. 2002-14 § 5-3.10; Ord. No. 2005-07]
a. 
Application. Each applicant for membership in one of the fire companies that comprise the Fire Department of the Borough shall file, as required by the New Jersey Administrative Code, a written application for membership into a recognized company of the Department, on the form approved by the Borough Council, which form may be obtained from the Borough Clerk. The application shall be filled out in duplicate. One copy shall be left with the Borough Clerk and the original shall be sent to the Secretary of the company or to the officer designated on the form to receive applications, who shall date and number each application in order of receipt and send a card or letter to applicant stating number of his or her application and the date and time it was received. The examination on the back of the application should be completed by a practicing physician of the State of New Jersey and submitted in duplicate at the time of filing of the original and the duplicate of the application and shall be current in nature.
In processing applications, each company of the Fire Department shall adhere to and follow the requirements of the Revised Statutes of the State of New Jersey and those of the New Jersey Administrative Code relating to membership procedures for volunteer fire companies, particularly, though not exclusively, in these respects:
1. 
Each company shall establish a membership committee consisting of not more than 15 members, which shall be solely responsible for evaluating and ruling upon applications for membership. It shall, within 60 days of receipt of an application by the company, make a report to the company as to whether or not the applicant qualifies for membership. Its decision shall be binding on the company, and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership.
2. 
Applicants reported by the investigating committee to be qualified for membership shall be admitted in the order in which their applications were received as set forth above, as soon as vacancies exist. If at any time the number of applicants found to be qualified shall exceed the number of current vacancies, a waiting list shall be established according to the order in which the applications were received, and appointments shall be made therefrom in that same order.
3. 
If the membership committee shall determine that an applicant does not meet the minimum requirements for membership, the company's Secretary shall promptly advise the applicant in writing of the rejection of the qualifications, described with particularity, which he or she has not substantially met.
4. 
Any company may require newly accepted applicants to serve a probationary period of reasonable duration, not to exceed one year. During such period, and at the conclusion thereof, each probationary member shall be evaluated solely by the officers of the company who supervise him or her in the performance of his or her duties. They may cause the dismissal of any member during his or her probationary period only for failure to perform the established duties of a probationary member in a reasonably satisfactory manner, or other good cause, and may do so by notifying the probationary member in writing of his or her rejection and the particular reasons therefor.
At the end of the probationary period, the supervising officers shall determine whether or not the applicant has satisfactorily performed the duties of a probationary member. If he or she has, they shall promptly recommend to the membership that he or she be admitted to full membership, and their recommendation shall be binding on the company and he or she shall be so admitted forthwith. If he or she has not, they shall promptly notify the probationary member in writing of his or her rejection and the particular reasons therefor. No vote of the membership shall be conducted on the issue of whether any probationary member shall continue as a probationary member or shall be admitted to full membership.
b. 
Qualifications. Each applicant for membership in the department shall have the following qualifications at the time of his or her application:
1. 
A citizen of the United States.
2. 
If the applicant is not a resident of the Borough of Belmar, but lives within a reasonable distance from the borders of Belmar so as to be able to answer all fire alarms and perform his or her duties as an active firefighter, he or she may (upon a determination by the company involved as to what constitutes a reasonable distance) become a member of the Belmar Fire Department.
3. 
Be not less than 18 years of age and not more than 45 years of age at the time of joining.
4. 
Be in good health and of sound body, to be evidenced by a certificate to that effect, signed by a licensed practicing physician of the State of New Jersey.
5. 
Be of good moral character.
6. 
Be able to drag two 100 foot lengths of 2 1/2 inch fire hose or two 100 foot lengths of three inch fire hose a distance of 200 feet on asphalt, with full fire pack.
7. 
(Reserved)
8. 
(Reserved)
9. 
(Reserved)
10. 
Application for Membership.
(a) 
Any person desiring membership in the Volunteer Fire Company shall complete, in duplicate, filing the same with the Volunteer Fire Company, an application 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.
(5) 
Driver's license number.
(6) 
Any conviction of violation of N.J.S. 2C:17-1:
i. 
Aggravated arson; or
ii. 
Arson; or
iii. 
Failure to control or report dangerous fire; or
iv. 
Directly or indirectly pays or accepts any form of consideration for the purpose of starting a fire or explosion.
(7) 
Any conviction of violation 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 deems relevant to the application provided none of such information is prohibited by law.
(b) 
Following the filing of such application, the Volunteer Fire Company shall transmit one of the applications to the Chief of Police of the Borough of Belmar 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 a result of such investigation the applicant is found to have been convicted of violation of N.J.S. 2C:17-1 A, B, C, and/or D or N.J.S. 2C:33-3 or any other crime or disorderly persons violation or any other information that would indicate the application 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.
(c) 
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 ordinance.
(d) 
This paragraph 10 is intended to make the Volunteer Fire Company an authorized agency as defined by N.J.A.C. 13:59-1.1.
(e) 
The above investigation by the Chief of Police shall be completed within 30 days of receipt of the application and the fingerprinting of applicant.
c. 
Classification of Membership. Members of the Fire Department of the Borough shall be divided into four major classifications as follows:
1. 
Active Member. 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.
2. 
Active-Exempt. An active-exempt member shall be one who has served seven years of active duty, and received an exempt firefighter's certificate from the Borough. He or she shall perform all duties of an active firefighter and shall have full voting rights as hereinafter set forth.
3. 
Inactive-Exempt. An inactive-exempt member shall be an exempt member who feels that he or she is not able to perform active duty and requests to be placed on the inactive roll, thereby relieving him or her from active duty. Such request shall be in writing, approved by resolution of his or her company, certified by the Secretary of his or her company, and filed with the Board of Fire Officers and the Borough Clerk. Such an inactive-exempt member shall not perform any of the duties of an active firefighter nor shall be or she have any voting rights.
4. 
Honorary. The several companies may have such honorary members as may be prescribed by their respective constitutions and bylaws, and may prescribe such qualifications and may grant such privileges as they desire so long as such are consistent with the provisions of this subsection. However, such honorary member shall not perform any duties nor have any of the powers of an active firefighter, nor shall be or she have any voting rights.
5. 
Probationary Member. Each company may have probationary members for a period not exceeding one year. Probationary members shall be considered active members, but shall have no voting privileges accorded to active members nor shall they be eligible for elective office. They shall follow each company's probationary member requirements while in training and under probationary status.
6. 
Voting. Only active and active-exempt members of a company shall be eligible to vote on any departmental matter or at any departmental election in accordance with certified lists provided to the Borough Clerk by the Secretaries of the respective companies.
d. 
Admission to Membership. Upon the admission of an applicant by any of the several companies to probationary membership, the Secretary of such company shall submit in writing the name of such member of the Borough Council, giving the date of acceptance. At the same time, the Secretary of such company shall also submit to the Borough Council a certified copy of the birth certificate of the applicant for membership. Further, the Secretary of the company shall advise the Borough Council, in writing, of the probationary member's admission into full membership in the company. If not admitted to full membership after the probationary period, the Secretary of the company shall advise the Borough Council together with written reasons for the rejection.
e. 
Badge and Membership Certificate. Each active member of the Fire Department, after his or her admission to full membership, shall have issued to him or her a membership certificate showing the date of his or her acceptance to membership, signed by the Mayor, attested to by the Borough Clerk, and countersigned by the Fire Administrator. In addition, a badge of membership in the department shall be issued to both probationary members and fully admitted members to be worn at all times when on duty. Such badge shall remain the property of the Borough and shall be re-delivered to the Fire Administrator, on demand, if the member ceases to be an active firefighter or is suspended, removed, or dismissed for any cause whatsoever, or ceases to be a member of one of the fire companies.
f. 
Corrective Action, Termination, Suspension Hearing and Appeal Provisions.
1. 
Immediate Corrective Action, Suspension and/or Termination. The Fire Chief of the Fire Department shall have power to suspend, terminate or implement any corrective action which may be necessary to any member or members of any of the fire companies who shall refuse or voluntarily neglect to obey or execute any orders from a Superior Fire Officer in charge of any fire or drill, or who shall neglect or refuse to be controlled or governed by any terms of this section or by any of the rules and regulations of the Fire Department, or for the good of the Department. This suspension shall immediately be reported to the Fire Administrator. The Fire Administrator at any time may suspend, terminate or implement any corrective action as may be necessary to any member who shall refuse or voluntarily neglect to obey or execute any orders from a Superior Fire Officer in charge of any fire or drill, or who shall neglect or refuse to be controlled or governed by any terms of this section or by any of the rules and regulations of the Fire Department, or for the good of the Department. Upon suspension, termination or corrective action of any member or any members of any company, the Fire Administrator and/or Fire Chief shall forthwith submit the suspension, termination or corrective action along with the terms, together with the cause thereof, in writing, to the Director of Public Safety and the member or members charged. Provisions for hearing and appeal, if necessary thereon, shall follow thereafter this order:
(a) 
Hearing and Appeal. If any member or members shall be suspended, terminated from duty by the Fire Administrator and/or Fire Chief, he or she can appeal first to the Director of Public Safety and then, if he or she wishes to appeal the decision of the Director of Public Safety, he or she may appeal to the Borough Council as set forth herein.
(1) 
Appeals to the Director of Public Safety. Appeals to the Director of Public Safety shall be made by filing a written appeal with the Director of Public Safety within seven days thereafter the decision to impose corrective action, or to suspend or terminate by the Fire Administrator and/or Fire Chief. Such appeal shall state the reasons therefor and specify the particulars in which the Fire Administrator and/or Fire Chief have erred. The Director of Public Safety shall hold a hearing thereof within 30 days of the filing of the appeal with the Director of Public Safety, who shall give at least four days' notice of the hearing to the Fire Administrator and Fire Chief of the Fire Department and the complaining, suspended or terminated member(s). Any party to the appeal in any instance may be represented by counsel. After the hearing, the Director of Public Safety may affirm, reverse or modify the corrective action, suspension or termination, or reverse the decision. Appeals from the decision of the Director of Public Safety, as to suspensions or terminations only, shall be made to the Borough Council as set forth below.
(2) 
Appeals to the Borough Council. Appeals to the Borough Council from the decision of the Director of Public Safety, as to suspensions or terminations only, shall be made by filing a written appeal with the Borough Clerk within seven days after the decision by the Director of Public Safety. Such appeal shall state the reasons therefor and specify the particulars in which the Director of Public Safety, Fire Administrator and/or Fire Chief have erred. The Borough Council shall hold a hearing within 30 days of the filing of the appeal with the Borough Clerk, who shall give at least four days' notice of the hearing to the Director of Public Safety, Fire Administrator and Fire Chief of the Fire Department and the suspended or terminated member(s). Any party to the appeal in any instance may be represented by counsel; they may affirm, reverse or modify the suspension or termination.
2. 
Departmental Complaints. Where a complaint, in writing, is made to the Fire Administrator and/or Fire Chief of the Fire Department by any member of the Fire Department or citizen against a member(s) for the violation of laws, policies, rules and regulations of the Fire Department, or for the good of the Department, and the Fire Administrator and/or Fire Chief refuses to entertain such for a period of 30 days and fails to submit the complaint to the Director of Public Safety, that member thereafter may file his or her complaint, in writing, directly to the Director of Public Safety. Upon receipt of the complaint, the Director of Public Safety shall follow the hearing procedures aforestated and shall determine the validity of the complaint and shall also determine whether or not the member(s) charged shall have corrective action rendered or be suspended and/or terminated if the complaint is found valid, and shall further determine the length of his or her suspension, if any. Appeals from the decision of the Director of Public Safety, in the event of a corrective action, suspension, or termination shall follow the appeal procedure aforestated.
3. 
Member Removal for Nondepartmental Violations. Where a member of an individual fire company is removed from the fire company membership rolls, after proper notice and hearing under the company's rules and regulations for a nondepartmental matter, then within seven days of his or her removal, the company President shall request the Fire Administrator, in writing, to remove the member from the rolls as a member of the Fire Department. Copies of the request shall be served within the same period on the member and to the Director of Public Safety. Such request shall give reason(s) for removal. The member affected, within 30 days after service, may request the Director of Public Safety for a hearing on such removal. Upon receipt of the request for a hearing, the Director of Public Safety shall set a date for a hearing and shall give at least seven days' notice thereof to the President of the fire company affected and the member removed. At a hearing, it shall be the obligation of the fire company to present evidence of charges leading to the removal and the member removed may present his/her defense thereto. Both sides may, if they choose, be represented by counsel. The Director of Public Safety within seven days after the close of the hearing shall either affirm the action of the fire company and remove the affected member from the Fire Departmental rolls or else reverse or modify the removal. The affected member may appeal the decision of the Director of Public Safety to the Borough Council and request a hearing. If the removed member shall not have requested a hearing within the thirty-day period after service, as stated previously, the Borough Council shall remove the member from the Fire Department rolls.
g. 
Exemption for Incapacity. A certificate of exemption will be issued by the Borough Council to any member of the Fire Department who has served as an active firefighter for seven years under municipal control, or who while an active member of the Fire Department becomes incapacitated by illness and can no longer serve as an active firefighter, such incapacity and inability to serve to be certified by a practicing physician whose certificate will show that member to be physically or mentally unfit for further service as an active firefighter, provided, however, that before a certificate of exemption shall be issued, the Secretary and Captain of the company to which the exempted member belongs shall certify in writing to the Borough Council the qualifications of that member to be complete and in accordance with this section and the laws of the State of New Jersey.
h. 
Removal from Active Membership. If any member shall fail to satisfactorily perform his/her duties, on his or her company's recommendation, he or she may be dropped from his or her company and the departmental rolls. At his or her request, he or she may be placed on the inactive rolls of his or her company. In any situation, as required by membership procedures for volunteer fire companies in the New Jersey Administrative Code, any person who is rejected or dismissed from membership in any company shall have the right to challenge such action in accordance with the procedures set forth in the Law Against Discrimination N.J.S.A. 10:5-1 et seq.
i. 
Military Leave. Members of the Fire Department may be given a leave of absence for military duty with the Armed Forces of the United States of America. Application for such leave shall be made to the Borough Council.
j. 
Inactive and Honorary Members. Inactive and honorary members of the several companies shall not:
1. 
Vote on any departmental matters or questions.
2. 
Perform any of the duties of active firefighters.
3. 
Have any of the powers of active firefighters.
k. 
Auxiliaries. 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.
l. 
Participation in Fire Department Events and Activities. All members, whether active, active-exempt or inactive-exempt, and all persons who may hereinafter become such members of the Fire Department of the Borough of Belmar, shall be required as an integral part of their membership therein to actively attend and participate, in addition to the duties heretofore established by rule or custom, in all parades, social functions, affairs, special events, and any and all other types of activities not specifically enumerated herein, whenever the participation by the Fire Department of the Borough or any company thereof in such events or activities shall be ordered by the Fire Administrator and/or Fire Chief or by any Assistant Fire Chief or by any company Captain or Lieutenant. The failure of any member to attend and participate in such events or activities shall subject such member to disciplinary action as provided in this section for failure to conform to other duties, unless the member or members shall be duly excused from participation therein.
m. 
Duty of Active Members. Each active member of the Fire Department shall perform at least 60% of duty in answering of all calls for service, drills and Fire Department or company functions annually. Such duty shall apply to all probationary members of any company.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.11; Ord. No. 2005-07]
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 Administrator 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. They shall also have the right, when it shall be deemed necessary, to hire a full or part-time maintenance person to care for and maintain fire apparatus, equipment and buildings used by the 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. No person shall enter any place where fire apparatus is housed, nor handle any equipment, property or apparatus belonging to the department, unless accompanied by or having the special permission of an officer or authorized member of the department.
d. 
Removal from Borough. No apparatus is to leave the Borough without the consent of the Fire Administrator and/or 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 accordance with subsection 5-3.14, 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 active and active-exempt firefighters shall be permitted to drive fire apparatus. Each driver must have a driver's license issued by the State of New Jersey and be duly elected and 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. The driver must be certified and approved as competent by the Fire Administrator and further approved by the Borough Council.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2002-14 § 5-3.12; Ord. No. 2005-07]
Compensation for the faithful performance of the duty herein provided, including the care of the apparatus and equipment, and for the highest degree of efficiency, shall be from funds lawfully appropriated and shall be paid to the following categories after their election and approval by the Fire Administrator:
a. 
Fire Administrator $1,500-$5,500 per annum.
b. 
Fire Chief $750 per annum.
c. 
First Assistant Fire Chief $500 per annum.
d. 
Second Assistant Fire Chief $300 per annum.
e. 
Head Driver of Apparatus $100 per annum.
f. 
First Assistant Driver $50 per annum.
g. 
Captain of each Company $100 per annum.
h. 
Regular Active Firefighter $25 per annum.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2005-07]
In order to provide adequate compensation for injury for members of the Fire Department, the Borough Council shall provide employers liability insurance coverage in accordance with the Workmen's Compensation Act (N.J.S.A. 34:15-74). The Borough Clerk or his/her designee shall notify, in writing, the Fire Administrator whether or not coverage has been effected under this paragraph.
The Borough Council shall also provide adequate liability insurance covering the operation of all Department vehicles and its authorized drivers and shall provide liability coverage for the use and maintenance of buildings and equipment owned or used by the Department. The Borough Clerk or designee, shall annually notify the Fire Administrator in writing whether or not coverage has been effected under this paragraph.
[1966 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2005-07]
The Fire Administrator and/or Fire Chief is hereby authorized to extend aid to neighboring communities upon request for fire protection. The Fire Administrator will establish a predetermined local fire mutual aid system, subject to the overall approval of the Director of Public Safety, in accordance with the laws of the State of New Jersey.
[1991 Code § 2-7.3; Ord. No. 1991-1 § 5; Ord. No. 2005-07]
To insure protection from fire and noninterference with firefighting equipment, the following regulations shall be enforced:
a. 
Any person served with a notice to abate a fire hazard as provided in subsection 5-3.8e, preceding, shall comply therewith and promptly notify the Fire Administrator, or the person designated as inspector, of such compliance.
b. 
No person shall drive any vehicle over a fire hose except upon specified orders from the officer in charge.
c. 
No person shall park any vehicle or otherwise cause any obstruction to be placed within 10 feet of the entrance of any firehouse or other place where fire apparatus is stored, or within 10 feet of any fire hydrant.
d. 
No unauthorized person shall follow with any vehicle within 200 feet of any apparatus belonging to the Fire Department.
e. 
No person shall maliciously turn in, or cause to be turned in, a false alarm.
[1991 Code § 2-7.3; Ord. No. 1991-1 § 5]
All active members of the Fire Department who are engaged in carrying out their respective duties under this section are hereby given the necessary police powers for the purpose of enforcing the provisions of this section. These police powers shall be in addition to those to be exercised by the Police Department of the Borough of Belmar and any other agency of the municipality for the enforcement of the provisions of this section.
[1991 Code § 2-14; Ord. No. 1991-1 § 5]
The Belmar First Aid Squad, Inc., is hereby designated the official first aid squad of the Borough.
[1966 Code § 2-6.14; Ord. No. 1991-1 § 5]
This division shall be within and under the jurisdiction of the Department of Public Safety and there shall be an Emergency Management Council pursuant to law (N.J.S.A. App. A:9-41), a Director of Emergency Management and an Assistant Director of Emergency Management. The Department of Police and all departments of the Borough government shall cooperate with and assist the Council as required.
[Ord. No. 1996-32 § 1]
In the event of a state of emergency, declared or undeclared, issued by the Emergency Management Coordinator and/or the Director of Public Safety, the Emergency Management Coordinator and/or Director of Public Safety in their discretion may determine that extenuating circumstances exist in which a specified number of volunteers may be required as standbys. Volunteer standby personnel shall be chosen from the Belmar fire personnel and/or first aid personnel.
a. 
Duty assignment will be for, but not limited to the following circumstances:
1. 
During severe storm situations to assist with related issues during said storm.
2. 
To provide an in-house crew for expedient responses in time of civil disturbances and to provide other limited assistance as directed by the Emergency Management Coordinator and/or Director of Public Safety.
3. 
To assist at other non-fire, non-first aid related emergencies such as alarms, accidents, evacuations, or as requested by the Emergency Management Coordinator and/or Director of Public Safety.
[Ord. No. 1996-32 § 1]
In the event the Emergency Management Coordinator and/or the Director of Public Safety specify a number of volunteers as "standby" pursuant to subsection 5-5.1, they shall be compensated at the rate of $7 per hour.
[Ord. No. 1996-09 § 2]
Under the Division of Lifeguards and Water Safety there will be a Lifeguard Supervisor and such additional Assistant Lifeguard Supervisors as shall be appointed each year for the summer season by the Director of Public Safety, subject to the approval of the Mayor.
The Director of Public Safety will be responsible for adopting and administering such procedures and policies as are appropriate for the operation of the Division of Lifeguards and Water Safety.
[Ord. No. 1996-09 § 2]
Lifeguards shall be maintained on duty at the protected bathing beaches hereafter established between the hours of 9:15 a.m. and 5:15 p.m., prevailing time, except at such times when bathing or swimming shall be deemed dangerous or hazardous by the Lifeguard Supervisor, the lifeguards, or at such times as determined by the Director of Public Safety. When such dangerous conditions exist, a sign or red flag shall be displayed indicating the beach is closed to bathing or swimming and no person shall bathe or swim in the waters adjacent to the beach, whether protected or not, at any time until the signs or flags are removed. No person shall bathe or swim in the waters adjacent to the beach at night or during the hours of darkness.
[Ord. No. 1996-09 § 2]
Lifeguards shall have charge, control and supervision of the bathing, swimming and surfing at the respective designated beaches for the individual designated sports and generally on all the beaches and beachfront of the Borough and in the waters adjoining the same. It shall be a violation of this Chapter for any person to refuse to obey, or to disregard, the oral or visual command, whistle or signal of any lifeguard not to enter the beaches, beachfront or waters adjoining the same, not to surf in the waters, not to swim or bathe beyond the designated swimming or bathing areas or in waters deemed hazardous or dangerous by the lifeguard, not to leave the waters or the beach or beachfront with or without paraphernalia or equipment, whether swimming, bathing, surfing or being thereon, as the case may be. The Borough shall provide beach patrols consisting of regular and/or special police officers.