[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:
[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; amended by 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; 12-6-2022 by Ord. No. 2022-20]
a.
No person shall be appointed to the Police Department who is not
qualified as provided by the laws of the State of New Jersey, including
the Civil Service rules and regulations. Applicants seeking appointment
to the Police Department shall successfully complete a physical, mental
and psychological examination, which examination shall be conducted
in accordance with all applicable laws and administrative regulations
of the State of New Jersey.
b.
In accordance with P.L. 2021, c. 7 (N.J.S.A. 11A:4-1.3), individuals
may be appointed to entry-level law enforcement positions in the Police
Department without taking a competitive examination if they have successfully
completed a full basic course for police officers training at a school
approved and authorized by the New Jersey Police Training Commission.
d.
All appointments to the position of Borough of Belmar Police Officer
shall be made in accordance with N.J.S.A. 40A:14-123.1a, with all
those in Class A, Residents of the Borough of Belmar, to be appointed
first, and then those in each succeeding class in the order above
listed.
e.
All applicants classified in Class A must be residents of the Borough
of Belmar as of the announced closing date of the Civil Service examination
for the position.
[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.
[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.
[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:
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.
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.
[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.
(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.
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.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
Within
the Department of Public Safety there is hereby established the Division
of Emergency Medical Services. The Division of Emergency Medical Services
is hereby designated as the official emergency medical services provider
within the Borough of Belmar.
b.
The
Division of Emergency Medical Services shall be supervised by Chief
of Police or the Chief's designee.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
The Division of Emergency Medical Services shall consist such offices,
rank, members and civilian employees as deemed necessary and appropriate
by the Chief of Police in the Chief's discretion with the approval
of the Mayor. The Chief of Police, with the approval of the Mayor,
may in the Chief's discretion leave one or more of the ranking positions
vacant. Whenever such office is left vacant, it will be passed in
the chain of command. The Chief of Police, with the approval of the
Mayor, may appoint any rank or office that has been vacant by naming
a person to fill that rank or office.
b.
Within the Division of Emergency Medical Services the following positions
are hereby established: Emergency Medical Services Supervisor and
Emergency Medical Technician.
c.
Within the Division of Emergency Medical Services, the maximum number
of each position shall be as authorized by resolution of Council.
[Added 3-16-2021 by Ord.
No. 2021-03]
It shall be the responsibility of the Division of Emergency
Medical Services to provide efficient, professional and expedient
emergency care and transportation. The Division of Emergency Medical
Services will consist of only of those positions established by ordinance.
No other emergency medical services organizations, are to be formed
within the Borough of Belmar without consent of the Council.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
Establishment of Belmar Emergency Medical Services Auxiliary. There
is hereby created within the Borough of Belmar the Belmar Emergency
Medical Services Auxiliary. The purpose of the Belmar Emergency Medical
Services Auxiliary is to assist the Department of Division of Emergency
Medical Services by performing such duties as the Chief of Police
may determine.
b.
Appointments. Members of the Emergency Medical Services Auxiliary
shall be appointed by the Mayor, upon the recommendation of the Chief
of Police, for a one-year term.
c.
Qualifications. The Chief shall promulgate standards for qualifications
of all members of the Emergency Medical Services Auxiliary.
d.
Policies and Procedures. All appointed members of the Emergency Medical
Services Auxiliary will be governed by the same policies and procedures
that have been approved by the Chief of Police and promulgated by
the Mayor.
e.
Responsibility. All members of the Emergency Medical Services Auxiliary
shall perform such duties as are designated by the Chief of Police.
f.
Training Requirements for Emergency Medical Services Auxiliary. No
person shall be appointed as a member of the Emergency Medical Services
Auxiliary unless such person shall meet minimum training criteria
to be established by the Chief of Police.
g.
Remuneration. No remuneration shall be paid to any member of the
Emergency Medical Services Auxiliary for the performance of duty,
monetary or otherwise.
[Added 3-16-2021 by Ord.
No. 2021-03]
No person shall be appointed to any position in the Division
of Emergency Medical Services paid or otherwise, who is not qualified
as provided for pursuant to the laws of the United States, the Statutes
of the State of New Jersey, the New Jersey Administrative Code, the
ordinances of the Borough of Belmar and Rules and Regulations promulgated
by the Chief of Police.
a.
All applicants seeking employment or volunteer positions within the
Division of Emergency Medical Services shall complete an application
form as prescribed by the Borough of Belmar.
b.
No person shall be appointed to any position in the Division of Emergency
Medical Services who is not a citizen of the United States and a resident
of the State of New Jersey.
c.
Hiring qualifications for the Division of Emergency Medical Services:
1.
Applicants seeking appointment to the Division of Emergency Medical
Services shall successfully complete physical, medical and psychological
evaluations as determined by the Chief of Police.
2.
Applicants seeking appointment to the Division of Emergency Medical
Services shall successfully complete a skills assessment established
by the Chief of Police.
3.
Applicants seeking appointment to the Division of Emergency Medical
Services shall possess such qualifications as determined by the Chief
of Police.
[Added 3-16-2021 by Ord.
No. 2021-03]
All persons seeking paid or volunteer positions in the Borough
of Belmar Division of Emergency Medical Services are required to submit
to a physical examination, background investigation, fingerprinting
and to provide a criminal history record as a condition of volunteer
employment, pursuant to N.J.S.A. 40:48-1.4.
[Added 3-16-2021 by Ord.
No. 2021-03]
The Borough shall conduct a background investigation, criminal
history background check and motor vehicle record background check
only upon receipt of written consent from the prospective paid employee
or volunteer applicant to the Borough of Belmar Division of Emergency
Medical Services, or current paid employee or volunteer applicant,
as the case may be.
[Added 3-16-2021 by Ord.
No. 2021-03]
The prospective employee or volunteer applicant to the Division
of Emergency Medical Services shall submit to being fingerprinted
in accordance with applicable state and federal laws, rules and regulations,
and shall submit sufficient information on forms supplied by the New
Jersey State Police.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
Prospective or current employee and volunteers shall submit their
name, address, other required information and written consent to the
Borough for the background investigation, criminal history check and
motor vehicle record check to be performed. The prospective or current
employee or volunteer shall provide the Borough with all reasonable
assistance to obtain background documentation and information.
b.
Refusal to submit to a background investigation, criminal history
record check, motor vehicle background check and/or physical examination
shall constitute an automatic dismissal in prospective paid or volunteer
employment, or current paid or volunteer employment status, as the
case may be.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
The Borough shall bear the costs associated with conducting the background
investigation, criminal history background check and motor vehicle
background check for all prospective and current paid employee and
volunteers.
b.
Any prospective or current paid employee or volunteer required to
submit to a physical examination as a condition of volunteer employment
shall bear the expense of such an examination.
[Added 3-16-2021 by Ord.
No. 2021-03]
The Chief of Police of Belmar Borough is authorized to exchange
fingerprint data and receive criminal history record information from
the State Bureau of Identification of the State Police, the Federal
Bureau of Investigation or other authorized information providers.
[Added 3-16-2021 by Ord.
No. 2021-03]
a.
Conviction of any crime or offense as described in Title 2C of the
New Jersey Code of Criminal Justice, N.J.S.A. 2C:1-1, et seq. shall
constitute a presumptive lack of fitness as an Emergency Medical Services
employee or volunteer in the Borough. In any other jurisdiction, conduct
which, if committed in New Jersey, would constitute a crime of offense
shall constitute presumptive lack of fitness as an Emergency Medical
Services employee or volunteer in the Borough.
b.
In the event that a review of a current or prospective volunteer's
motor vehicle record background check reveals convictions for serious
violations of the New Jersey Motor Vehicle Code (Title 39), including
convictions for Driving While Intoxicated, Refusal to Submit to Chemical
Breath Testing, Driving with a Suspended Driver's Privilege, Leaving
the Scene of an Accident, or similar violations in this or any other
state or jurisdiction, the Chief may restrict or prohibit such prospective
or current employee or volunteer from operating a motor vehicle while
performing services as an Emergency Medical Services employee or volunteer
in the Borough. In addition, the Chief may take other action as the
Chief may deem appropriate, including directing the current or prospective
employee or volunteer to be disqualified from holding an Emergency
Medical Services position within the Borough.
c.
Convictions of other offenses not contained or described within Title
2C of the New Jersey Code of Criminal Justice may constitute a lack
of fitness for any person to be appointed as or to continue in the
position of an Emergency Medical Services employee or volunteer in
the Borough. The list of crimes and violations contained in this section
is for illustrative purposes only and shall not be construed as a
limitation on those criminal activities or violations that would constitute
grounds to disqualify, discipline or terminate any employee or volunteer
as indicated herein.
d.
Disqualification or removal of any current or prospective Emergency
Medical Services employee or is appropriate when competent evidence
other than convictions in the discretion of the Chief of Police would
render volunteer service to not be in the interest of public health,
safety or welfare.
[Added 3-16-2021 by Ord.
No. 2021-03]
All initial appoints to Division of Emergency Medical Services
shall be for a probationary period of one year, unless such probationary
period is otherwise established by law or is otherwise established
within any fully executed agreement between the Borough of Belmar
and a recognized majority union representative or established within
any fully executed individual contract for employment.
[Added 3-16-2021 by Ord.
No. 2021-03]
The compensation of all employees of the Division of Emergency
Medical Services shall be in accordance with the Salary Ordinances
of the Borough of Belmar.
[Added 3-16-2021 by Ord.
No. 2021-03]
Rules and Regulations for the efficient operation of the Division
of Emergency Medical Services shall be promulgated by the Chief of
Police and approved by the Mayor. A copy of any such rules and regulations
shall be provided to all members of the Division of Emergency Medical
Services. The rules and regulations may be amended at any time by
the Chief of Police with approval of the Mayor. Copies of such amendments
or additions shall be supplied to all members of the Division of Emergency
Medical Services. Whenever there is a conflict between the provisions
of the rules and regulations of the Division of Emergency Medical
Services and this chapter, the provision of this chapter shall control.
All disciplinary proceedings shall be in a manner consistent with
each Division's Rules and Regulations as adopted and ratified by the
Borough Council.
[Added 3-16-2021 by Ord.
No. 2021-03]
Subject to the limitations provided in this chapter, fees shall
be assessed for emergency medical services provided by the Division
of Emergency Medical Services. The fees to be assessed for the provision
of such services shall be in accordance with a fee schedule to be
adopted by resolution of the Borough Council, which shall be amended,
updated and supplemented from time to time.
a.
The fees for emergency medical services established by resolution
of the Borough Council notwithstanding, when the Division of Emergency
Medical Services responds to a call for emergency medical services
the Borough shall engage in insurance only billing, whereby the Borough
will accept as payment only what is paid by the patient's health insurance
plan, applicable automobile insurance policy, or Medicare/Medicaid.
b.
The Division of Emergency Medical Services may utilize other agencies
or providers for services, such as but not limited, advanced life
support services. Those agencies/providers charge in accordance with
their policies and are not subject to insurance only billing, whether
billed through the Borough or independently to the patient.
c.
The failure of the patient to cooperate in providing necessary information,
processing insurance forms, or otherwise refusing to assist the Borough
in collecting fees owed shall subject the patient to liability to
the Borough for such services.
d.
The Borough may contract with a professional medical billing service
for the collection of payment for services rendered by the Division
of Emergency Medical Services. Said bill shall be issued to the insurance
company for the person served or directly to the person served if
there is a failure to cooperate.
e.
The Borough reserves the right to write-off any bill for Division
services rendered to any person.
f.
The Mayor or the Mayor's designee is hereby authorized to enter into
contracts on behalf of the Borough with various hospitals that provide
advanced life support (ALS) services to the patients that are transported
by the Division of Emergency Medical Services, allowing the hospitals
to bundle-bill Medicare for services rendered. Any such contracts
shall contain a provision whereby the hospital will be required to
reimburse the Borough for its transportation costs, and the Borough
will be required to pay the hospital all ALS assessments from money
each party receives respectively within 45 days of receipt of payment.
[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.
