[New]
The Police Department of the Township is hereby established. The Police Department shall consist of such ranking officers and police officers as shall be determined by resolution of the Township Committee. Appointments shall be made by the Business Administrator and confirmed by resolution of the Township Committee.
[1967 Code § 18-1-2; Ord. No. 7-20-70 § 2; Ord. No. 2454-16 § 1]
The Township Administrator shall be designated as the appropriate authority, as defined and provided in the New Jersey statutes (N.J.S.A. 40A:14-118), for the promulgation of rules and regulations. The Township Administrator shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members. Such rules and regulations shall be styled "Rules and Regulations of the Police Department of the Township of Millburn, New Jersey." The rules may prescribe the duties of the members of the Department more specifically than is herein contained, and may provide such penalties, not inconsistent with law, as may be deemed necessary and expedient for the proper regulation of the Department. All of the rules and regulations made in pursuance hereof shall be in writing and filed in the office of the Township Clerk, and shall be binding on all persons subject to the jurisdiction of the Department after notice thereof. A written or printed copy of such rules shall be delivered to each member of the Department and copies shall be on file in the headquarters of the Department, and such delivery or availability shall be deemed notice of the adoption and effectiveness thereof to those subject thereto. Such rules shall prescribe the uniforms, badges and insignia to be worn by the police officers, and the time and manner of wearing the same, and such other provisions in reference thereto as may be deemed proper.
[1967 Code § 18-1.3; New; Ord. No. 2454-16 § 2]
a. 
The Chief of Police shall be the executive head of the Department. The Chief shall exercise sole and complete control over the Department, its members and employees, and over its property, subject only to the authority of the Business Administrator, with the approval of the Township Committee. The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Township Administrator for its efficiency and day-to-day operations. Pursuant to policies established by the Township Administrator, the Chief of Police shall:
1. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its members and officers;
2. 
Have, exercise and discharge the functions, powers and duties of the Police Department;
3. 
Prescribe the duties and assignments of all members and officers;
4. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control; and
5. 
Report at least monthly to the Township Administrator, in such form as shall be prescribed, on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Township Administrator.
The Business Administrator, with the approval of the Township Committee, may designate an acting Chief of Police during any extended period of absence or disability of the Chief of Police.
b. 
The duties of the Chief of Police shall be as established by state statute or as otherwise directed.
[1967 Code § 18-1-7]
a. 
The members of the Police Department shall perform the duties imposed and exercise the authority bestowed upon them by the rules, orders and regulations prescribed by the Chief of Police, the ordinances of the Township, the Police Rules and applicable state law.
b. 
The members of the Department, when on duty, shall devote their time and attention to the discharge of the duties of their positions according to the regulations of the Police Department and the Police Rules prescribed by the Chief of Police. It shall be their duty to the best of their ability to preserve order, maintain the peace and enforce the laws and ordinances throughout the Township. Every member of the Police Department shall have power to arrest all persons in the Township found in the act of violating any applicable law or ordinance or aiding and abetting any such violation, or where there is probable cause for arrest, and shall take all such persons so arrested to Police headquarters or other place designated by the Police Rules for such purpose.
c. 
The duties of the Chief of Police shall be as established by state statutes or as otherwise directed.
d. 
Members of the Police Department shall have power and authority in the Township to serve and execute warrants and other process for the apprehension and commitment of persons charged with, or held for examination or trial, or taken in execution for the commission of any crime or misdemeanor or violation of any law or ordinance in or of the Township, and while executing or serving or assisting in the execution or service of any such warrant or process; and while in the performance of their duties as peace officers of the Township, they shall be vested with and have all the powers and authority conferred on constables by law.
[1]
For state law as to powers of members of the Police Department, see N.J.S.A. § 40:149-1. See 40A:14-118 (Police).
[1967 Code § 18-1-9]
Editor's Note: Refer to N.J.S.A. 40:47-19.
a. 
In cases of emergency, the Township Committee may appoint temporarily, for periods not to exceed one year such additional number of police for temporary service as may be deemed necessary for the preservation of the safety, peace and good order of the Township. The temporary police, when so appointed, shall have and exercise all the powers and perform the duties, for the time being, of police in the Township; but such temporary appointees shall, by their appointment, derive no tenure of office and may be discharged at the expiration of their temporary employment.
b. 
The Township Committee is hereby authorized to appoint persons of suitable character as special police, on the recommendation of the Chief of Police, for terms not exceeding one year, and revoke such appointment without cause or hearing. The special police so appointed shall have and exercise all the powers of police in the Township but shall not receive any compensation for their services rendered pursuant to assignment to temporary police duty.
[1967 Code § 18-1-10]
All appointments to the Police Department shall be made by the Business Administrator and confirmed by the Township Committee in accordance with the laws of the state.
[1967 Code § 18-1-12.1; Ord. No. 4-19-77 § 2; Ord. No. 14-91 § 2]
Before any person shall be appointed as a member of the Police Department, the Township Committee shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:
I. Residents of Essex County, Morris County and Union County.
II. Other residents of New Jersey.
III. 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 the Township, who fulfill the requirements of N.J.S.A. 40A:14-10.1, and who are thereby 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 II. In making such appointments, the Township Committee shall first appoint 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 been declined an offer of appointment. The classes of qualified applicants as defined in this section shall be considered as separate and successive lists of eligibles, and the New Jersey Department of Personnel shall, when requested to certify eligibles for positions specified in this section, make such certifications from the classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the Police Department. In making temporary appointments, the Township Committee shall utilize the classifications set forth in this section, and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
[1967 Code § 18-1-15]
No member of the Police Department shall be actively engaged in electioneering or other proceedings of a political or party nature, or shall, in any manner, when on duty, interfere with any election in this state; nor shall any police officer be present at the polls at any such election, except such reasonable time as may be required by him/her for the purpose of voting, unless he/she shall be detailed by the Chief of Police, to be present thereat for the preservation of peace and good order during such election.
[Ord. No. 2261-05 § 1; amended 7-16-2019 by Ord. No. 2538-19; 9-20-2022 by Ord. No. 2621-22; 6-17-2025 by Ord. No. 2705-25]
a. 
Purpose. The intent of this subsection is to assist persons and entities by allowing them to utilize the services of off-duty Township police officers and authorizing outside employment of off-duty Township police officers within Essex County in accordance with New Jersey Attorney General Opinion No. 23 (1977) and No. 11 (1978), recommendations of the New Jersey Department of the Treasury, Division of Pensions, including, but not limited to, the notices of August 1989 and February 1990, and New Jersey Department of Community Affairs, Division of Local Government Services, including, but not limited to, Local Finance Notice CFO 2000-14. The Township seeks to accomplish these purposes by establishing policies and procedures regarding the use of and compensation for said off-duty Township police officers.
b. 
Approval of employment. Off-duty Township police officers shall be permitted to perform on behalf of private employers police-related activities which are not prohibited by state law or regulation, Township ordinance or Police Department rules and regulations, only during each respective Township police officer's off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Township as determined by the Chief of Police.
1. 
An off-duty Township police officer performing police-related activities shall perform such activities as if they were performing such activities for the Township and shall be subject to Police Department discipline and control in connection with their actions and/or inactions concerning the police-related activities.
2. 
Any private person or entity, including any other municipality or governmental entity other than the Township or its agencies, boards, etc., wishing to have off-duty Township police officers perform police-related activities shall first obtain the approval of the Chief of Police, which approval shall be granted if, in the opinion of the Chief of Police, such requested activity is not inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the Township police officers performing such activities.
3. 
In the event that the Chief of Police approves a particular police-related activity, the Chief of Police, or his designee, shall post within the Police Department notice of the availability of such activities. The Chief of Police shall also post a list of those activities which the Chief has determined shall not be considered police-related activities.
4. 
The Chief of Police shall be responsible for making all determinations regarding the method of designation of the off-duty officers, the number of continuous hours which such off-duty officers are permitted to work in conjunction with their regular police duties, the impact that sickness of a police officer may have on the selection of an off-duty police officer, and all related issues.
5. 
The procedures set forth in this subsection shall apply to all requests for off-duty officers to perform police-related activities, including requests from other municipalities made on behalf of a private person or entity.
c. 
Request for services.
1. 
All requests to the Township for off-duty Township police officers to perform police-related activities shall be submitted in writing to the Chief of Police on a form provided by the Township and setting forth the following information:
(a) 
Name, address, telephone number and fax number of the person or entity requesting that the police perform a police-related activity;
(b) 
The date, time, and place that the police-related activity is to take place;
(c) 
The number of Township police officers requested;
(d) 
The number of estimated hours for each Township police officer requested (minimum of four hours);
(e) 
A detailed description of the police-related activity;
(f) 
Whether a patrol car of the Township is requested, with a patrol car being mandated for all traffic-related services;
(g) 
An acknowledgement by the requesting party that:
(1) 
The party is solely responsible for payment of the police-related activity requested and all applicable fees;
(2) 
The party shall pay any and all legal fees, costs, and expenses, including, but not limited to, experts, court reporting services, etc., as well as costs of suit, incurred by the Township in connection with:
(i) 
Any claim, suit and/or dispute out of the police-related activity;
(ii) 
Any suit for collection of any fees related to this subsection;
(iii) 
Any suit to enforce the terms of this subsection;
(3) 
The party shall pay the Township a late payment fee for each day that any balance on the payment is late, beginning on the 15th day after the police-related activity has been completed. The late payment fee shall be per the fee schedule established by the Police Department;
(4) 
This subsection of the Township Code has been read, and the party agrees to its terms and conditions;
(5) 
The party shall indemnify, defend and hold harmless the Township and its agents, officials, and employees, including, but not limited to, the off-duty Township police officers performing the police-related activities and their superior Township police officers, against all claims, demands, actions, suits, causes of action, damages, liabilities, judgments, losses of any kind whatsoever, costs, and expenses, including, but not limited to, reasonable court costs and counsel fees, occurring as a result of the employment of off-duty Township police officers and regardless of whether the loss was due, in whole or in part, to the conduct of the off-duty police officer; and
(h) 
Acknowledgement by the Chief of Police that he has approved the request as required by this subsection.
2. 
The party requesting off-duty police officers to perform police-related activities shall carry comprehensive general liability insurance and workers' compensation insurance. At the time the police-related activity is requested, the party requesting such activity shall attach to their written request a copy of their certificates of insurance for comprehensive general liability insurance and workers' compensation insurance, as well as evidencing that the Township is a named additional insured. The coverage limits for comprehensive general liability shall be no less than $1,000,000 per occurrence.
3. 
At the time that the request is made, the party shall pay the Township for the off-duty Township police officer's services.
4. 
In the event that the party cancels the requested police-related activity, notification must be made prior to two hours before the activity is to be performed. If the party fails to cancel the requested police-related activity prior to two hours before the scheduled start time, the party will be charged a four-hour minimum.
5. 
Upon request, the Township shall return the payment already made by the party to the Township for the police-related activity less a $25 administrative fee if notice was made two hours prior to the scheduled job.
d. 
Rates of compensation, administrative fees, and payment for services.
1. 
The hourly rate of compensation to be paid by the requesting party to the Township for any off-duty Township police officer(s) will be established by the Township Committee. The Township Committee shall establish the hourly rate for each category of Township police officer by ordinance.
2. 
Compensation for traffic direction and security functions.
(a) 
The off-duty Township police officer shall be compensated for traffic direction at an hourly compensation of $80 per hour during the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. Officers shall be compensated for traffic direction at an hourly compensation of $94 per hour during the hours of 6:00 p.m. to 7:00 a.m., Sundays and state holidays. If police-related activities are performed past the scheduled time provided by the entity requesting services, a $14-per-hour increase shall apply. If an entity schedules police-related activities less than 12 hours prior to start of services, a $14-per-hour increase shall apply.
(b) 
The off-duty Township police officer shall be compensated for security functions at an hourly compensation of $80 per hour, Monday through Saturday. Officers shall be compensated for security functions at an hourly compensation of $94 per hour on Sunday and state holidays.
3. 
A nonrefundable administrative fee of $8 for each hour of police-related activity will be charged to the entity requesting services. The administrative fee is established to cover the Township's costs, overhead, and out-of-pocket expenses and shall be paid by the requesting party at the same time as all other payments are required to be made, i.e., when the request for the activity is made.
4. 
If a patrol car is requested in connection with a police-related activity because the request for police-related activities involves traffic services, or the Chief of Police or the Chief's designee determines in his/her sole discretion that a patrol car is necessary due to the nature of the activity, a $15-per-hour-of-police-related-activity vehicle fee will be charged to the entity requesting services.
5. 
All administrative fees and late fees paid by the requesting party shall belong to the Township.
6. 
Immediately upon completion of the police-related activity, the Police Chief's designee shall issue an invoice on a form to be approved by the Chief of Police and the Township's Chief Financial Officer. The form shall provide for the number of hours that the police-related activity was performed, the number of officers utilized as part of the police-related activity, the hourly rate charged for each such officer, the total fee for the police-related activities, the fee for the use of any patrol cars, and all applicable administrative fees, less any payments previously made in accordance with this subsection. The requesting party shall acknowledge receipt of the invoice, receipt of the services and the number of hours by signing a copy of the invoice and dating when the acknowledgement was made. Any balance owed by the requesting party to the Township is due within 12 days of completion of the activity, but in no event later than 30 days from the date that the police-related activity commenced. The off-duty Township police officer who transmits the invoice to the requesting party shall transmit the original, signed invoice to the Township's Chief Financial Officer within 48 hours of its execution by the requesting party.
7. 
The Township shall pay the off-duty Township police officer in accordance with Subsection d2. The off-duty Township police officer shall receive his/her pay for the police-related activity on the next regularly scheduled payday after the activity has been performed so long as the activity was completed and a copy of the invoice is received by the Township's Chief Financial Officer at least 10 business days before the next regularly scheduled payday, provided the escrow funds are available.
8. 
In the event that a requesting party requires the services of off-duty Township police officers on a regular and/or continuous basis, such party shall be required to maintain a minimum balance in an escrow fund with the Township equal to the average amount paid for such off-duty Township police officers in the average of the highest two consecutive months on a quarterly basis to determine whether the minimum balance needs to be adjusted or remain the same. In the event the balance is determined to be too high, the Township will return any excess to the party quarterly. The party would not be entitled to any interest on such funds. In the event that the escrow fund is reduced to less than one month's estimated cost, such party shall be required to replenish the fund within five days of notification by the Township.
9. 
The Township shall, if required by law and at the determination of the Township's Chief Financial Officer, establish a dedicated fund for the receipt of fees paid by requesting parties and for the payment of wages to off-duty Township police officers for the police-related activities and payment to the Township of all benefits as described above, as well as all administrative fees.
10. 
No off-duty Township police officer shall be assigned to perform and/or be allowed to perform any police-related activity unless and until the Township police officer acknowledges that the officer is performing the police-related activity in accordance with this subsection and consents to be so governed.
11. 
Secondary service providers.
(a) 
The Township may choose to utilize a secondary service to administrate and perform the above actions related to the off-duty employment process. These actions include but are not limited to: communicating with said person or company to schedule off-duty police-related activity jobs, scheduling the officers for the said jobs, invoicing the person or company and receiving escrow and/or payments from the person or company in a manner set forth by the secondary service provider. The secondary service provider may charge an additional fee for services that is above and in addition to the fee structure stated above and utilize business-type collection rules as set forth in the contract between the Township and the secondary service provider.
(b) 
The secondary service provider will reimburse the Township, according to the fees set forth above, due to the Township and officer, in a timely manner, usually coinciding with payroll periods for jobs that the officers have performed or were scheduled for, in accordance with the above-listed rules of employment between the Township and the person(s) or company seeking services.
[1967 Code § 10-1-1; Ord. No. 10-16-67 § 1; Ord. No. 9-5-72 § 1; New]
The Fire Department of the Township is hereby established. The Fire Department shall consist of such ranking officers and fire fighters as shall be determined by resolution of the Township Committee. Appointments shall be made by the Business Administrator and confirmed by resolution of the Township Committee.
[1967 Code § 10-1-2; Ord. 9-25-72 § 1]
The Fire Chief, subject to the initial and continuing approval of the Business Administrator, shall promulgate Rules and Regulations of the Fire Department, not inconsistent with the laws of this State or the ordinances of the Township, for the government and control of the members of the uniform paid and volunteer Divisions of the Fire Department as may be deemed expedient and proper to carry out the objectives of this Chapter, and with a view to making the Fire Department and all the officers and members thereof efficient, vigilant, prompt and useful to the Township. The Rules may prescribe the duties of the members of the Fire Department more specifically than is herein contained, and may provide such penalties, not inconsistent with law, as may be deemed necessary and expedient for the proper regulation of the Department. All the Rules and Regulations made in pursuant hereof shall be in writing and filed in the office of the Township Clerk, and shall be binding on all persons subject to the jurisdiction of the Department after notice thereof. A written or printed copy of such Fire Rules shall be delivered to each member of such Department and copies shall be posted conspicuously in the headquarters of the Department, and such delivery or posting shall be deemed notice of the adoption and effectiveness thereof to those subject thereto. The Rules shall prescribe the uniforms, badges and insignia to be worn by the members of the Fire Department, and the times and manner of wearing the same and such other provisions in reference thereto as may be deemed proper.
[1]
Editor's Note: For State law authorizing the Township to prescribe rules and regulations for the Fire Department, see N.J.S.A. 40A:14-7 (Fire Department).
[1967 Code § 10-1-3; New]
a. 
Control over Department; Acting Chief. The Chief of the Fire Department shall exercise sole and complete control over the entire Department, both the paid and volunteer members thereof and the property thereof, subject only to the Business Administrator. The Business Administrator, with the confirmation of the Township Committee, may designate a qualified paid member of the Department to act as Chief thereof during any absence or disability of the Chief.
b. 
Duties of the Chief of the Fire Department shall be as established by the N.J. Department of Personnel job description or as otherwise directed.
[1967 Code § 10-1-6; New]
The members of the Fire Department shall severally perform the duties imposed and exercise the authority bestowed upon them by the Rules, Orders and Regulations prescribed by the Chief of the Department, the Business Administrator, the ordinances of the Township, the Rules and Regulations of the Fire Department and applicable State law.
[1]
Editor's Note: For State law authorizing the Township to prescribe the duties of officers of the Fire Department, see N.J.S.A. 40A:14-7.
[1967 Code § 10-2-1; Ord. No. 14-19-77 § 1; Ord. No. 14-91 § 1; New]
All appointments to the paid Fire Department shall be made by the Township Committee in accordance with the laws of the State. Appointments to the paid Fire Department shall first be made from the members of the volunteer firefighters in the Township, who shall have service as active firefighters for at least two (2) years next preceding such appointment or from among the exempt firefighters of the volunteer force and who shall not be under twenty-one (21) or over forty (40) years of age at the time of the appointment. If no such member or exempt firefighter is available for such appointment, the following procedures shall be followed.
Before any person shall be appointed as a member of the paid Fire Department, the Township Committee shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:
I. Residents of Essex County, Morris County and Union County.
II. Other residents of New Jersey.
III. 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 (6) months prior to making application to the Township, who fulfill the requirements of N.J.S.A. 40A:14-10.1, and who are thereby 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 II. In making such appointments, the Township Committee shall first appoint 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 been declined an offer of appointment. The classes of qualified applicants as defined in this section shall be considered as separate and successive lists of eligibles, and the New Jersey Department of Personnel shall, when requested to certify eligibles for positions specified in this section, make such certifications from the classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the Fire Department. In making temporary appointments, the Township Committee shall utilize the classifications set forth in this section, and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
[1]
Editor's Note: For State law authorizing the Township to appoint officers of the Fire Department, see N.J.S.A. 40A:14-7.
[1967 Code § 10-2-2]
No paid member of the Fire Department shall be actively engaged in electioneering or other proceedings of a political or party nature, or shall in any manner when on duty interfere with any election in this State; nor shall any member of the paid Fire Department be present at the polls at any election, except such reasonable time as may be required by him/her for the purpose of voting unless he/she shall be detailed by the Chief of the Department to be present thereat for purposes of fire protection.
[1967 Code § 10-3-2; New]
Volunteer firefighters shall be appointed to the Department by the Business Administrator with the approval of the Township Committee and shall meet all training and safety standards, as well as comply with the rules and regulations of the Millburn Fire Department.
[1967 Code § 10-3-3]
The amount appropriated in the budget of the Township as compensation to volunteer firefighters for each year shall be apportioned among the volunteer firefighters according to the number of regular fire alarms, or the equivalents thereof, in which each of them attended and participated.
[New]
The Department shall consist of a Superintendent of Public Works and such other officers and employees as the Business Administrator may deem proper, all of whom shall be appointed by the Business Administrator with the confirmation of the Township Committee.
[New]
The Department is charged with the maintenance of the Township streets, sewer system, parks, shade trees, and garage and shall have such other powers and duties as the Township Committee shall confer upon it.
[Ord. No. 2290-07 § 1]
That parking system consisting of on-street parking and parking within garages, lots and other facilities, and fixtures and equipment owned, leased, or otherwise under the control of the Township of Millburn, is hereby created and established pursuant to N.J.S.A. 40:48-1 et seq., as a municipal public utility for all the purposes of the Local Bond Law of New Jersey and the Local Budget Law of New Jersey hereinafter to be referred to as the "Parking Utility."
[Ord. No 2290-07 § 2]
The Parking Utility is hereby found and determined to be a utility, enterprise or purpose authorized to be undertaken by the Township and from which it may receive rates, rentals or other charges for or in connection with or the use of services of such Parking Utility which shall be held, used and applied in accordance with the provisions of the Local Bond Law and the Local Budget Law and any other applicable laws.