[New]
This chapter shall be known and may be cited as the Administrative
Code of the Borough of Rumson and is herein referred to as the Code.
[New; Ord. No. 07-010G]
The Council shall consist of the Mayor and six council members
elected at large in the Borough, all of whom shall be elected and
take office in the manner provided by law. The term of office shall
commence January 1 next following their election.
[New]
The Council shall by ordinance adopt rules of procedure not
inconsistent with this Code. The rules shall provide for standing
committees of the Council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of this Borough
Council, for any reason other than the expiration of term of office,
the vacancy shall be filled in the following manner:
a. If the vacancy occurs subsequent to September 1 preceding the general
election which will occur in the next-to-the-last year of the term
of the member whose office has become vacant, the office shall be
filled for its unexpired term by appointment by a majority vote of
the whole membership of the Borough Council.
b. If the vacancy occurs prior to September 1 preceding the general
election in any year other than the last year of the term of the member
whose office has become vacant, the vacancy shall be filled for the
unexpired term at the next ensuing general election. The Borough Council
by a vote of the majority of its whole membership may fill the vacancy
temporarily by appointment until the election and qualification of
a successor.
c. Whenever a vacancy to be filled for the unexpired term by the Borough
Council is not filled within 30 days of the occurrence of the vacancy,
the Municipal Clerk shall forthwith call a special election to be
held as soon as practicable to fill the vacancy. No appointment shall
be made by the Governing Body to fill the vacancy after a special
election has been called. If the vacancy occurs within six months
prior to the end of the term of office, the provisions of this subsection
shall not apply and the Borough Council shall continue to have the
power to fill the vacancy.
d. Whenever the office of all or a majority of the members shall become
vacant for any reason, the fact of the vacancies shall be immediately
certified to the Governor by any remaining member of the Borough Council
or by the Municipal Clerk. The governor upon receipt of such certifications
shall forthwith fill the vacancies temporarily by appointment until
their successors are elected for the unexpired terms at the next general
election or next regularly scheduled municipal election occurring
not less than 60 days subsequent to the appointment.
[New]
Every person appointed by the Borough Council or by the Governor
to fill a vacancy, either for the unexpired term or temporarily, shall
have the qualifications required by statute to permit the appointee
to qualify for election to the office, and if the previous incumbent
had been elected to office as the nominee of a political party, the
person so appointed shall be of the same political party.
[New; Ord. 07-010G]
The Council shall meet for organization on the first day of
January, or during the first seven days in January in any year at
the call of the incoming Mayor. Thereafter, the Council shall meet
regularly within the Borough at such times and places as provided
by the rules of Council. The Mayor shall when necessary call special
meetings of the Council. In case of his neglect or refusal, any four
members of the Council may call such meetings at such time and place
in the Borough as they may designate. In all cases of special meetings,
24 hours written notice (or actual voice contact) shall be given to
all members of the Council. Written notice may be by leaving such
notice at their places of residence. Notice of all meetings shall
be given in accordance with the requirements of the Open Public Meetings
Act, N.J.S.A. 10:4-6 et seq.
[New]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by statute or specific ordinance, the
Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough, and the chairman and members
of all standing committees. No appointments requiring Council confirmation
shall be made except by a majority vote of the Council members present
at the meeting, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in the case of a tie. Vacancies in appointive officers shall be filled
by appointment in the same manner for the unexpired term only. The
Mayor shall make such nomination to fill a vacancy within 30 days
after the appointive office becomes vacant. If the Mayor fails to
nominate within 30 days or the Council fails to confirm any nomination
made by the Mayor, then, after the expiration of 30 days, the Council
shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall supervise the conduct and acts of all officers
in the Borough and shall execute all contracts made on behalf of the
Council.
[New]
At the organizational meeting the Council by a majority vote
shall elect from their number a president of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
president of the Council shall hold office for one year and until
the next annual meeting. He shall have the right to debate the vote
on all questions before the Council. If the Council at its annual
meeting fails to elect a president, the Mayor shall appoint the president
from the Council and in that case no confirmation by the Council shall
be necessary. If the Mayor is absent from the Borough for a period
of three consecutive days or for any reason is unable to act, the
president of the Council shall perform all the duties of the Mayor
during his absence or inability. The Mayor, in case of his intended
absence from the Borough for more than three days at any one time,
shall notify the president in writing of such intended absence, whereupon
the president shall be and become acting Mayor from the receipt of
such notice and continue to act until the Mayor's return. In case
of the temporary inability of the president to so act, the Council
member having the longest term of service as such may act temporarily
for the president.
[Ord. 3/14/57, § 1; Ord. 07-010G, § 1]
From time to time as deemed by the Mayor and Council of the
Borough to be necessary and in the best interest of the Borough, the
Mayor may nominate and with the advice and consent of the Borough
Council, may appoint the person at the time holding the office of
Borough Clerk to the Office of Borough Administrator of the Borough
to serve for a period of one year subject to the provisions of State
Statute N.J.S.A. 40A:9-138.
[Ord. 3/14/57, § 2; Ord. No. 07-010G, § 1; Ord. No. 14-002G § 1]
The duties of the Borough Administrator of the Borough shall
be to coordinate and maintain liaison among the various offices and
departments of the Borough and in connection therewith and under the
direction and supervision of the Mayor and Council to exercise general
supervision over these offices and departments except where his exercise
of such supervision would conflict with the laws of the State of New
Jersey.
The Borough Administrator shall also develop the Personnel Policies
and Procedures Manuals for all Borough personnel, which shall be adopted
by the Mayor and Council and followed by all employees and enforced
by the Borough Administrator and his management staff.
[Ord. No. 12-010G]
The Municipal Clerk shall have the following powers and duties:
a. Keep the minutes and records of the proceedings of the Council, and
publish, maintain and compile its ordinances and resolutions as required
by law.
b. Keep the minutes and records of any Council committee, upon request
of the chairman of the committee.
c. Provide secretarial and clerical services for the Mayor and members
of Council in the discharge of their official duties.
e. Have custody of the Borough Seal and affix it to such books, papers
and documents as may be authorized pursuant to law.
f. Have and take custody of all official books, papers and documents
of the Borough for which no other depository is provided by law or
ordinance, and preserve and keep them safely.
g. Perform such functions as are vested in the Clerk by the licensing
provisions of State law or ordinance.
h. Promptly inform Council members of action taken by the Mayor with
respect to any ordinance.
i. Receive and transmit all communications to or on behalf of the Council.
j. Charge and receive for the use of the Borough such fees for transcripts
or certificates as shall be authorized by the Council.
k. Perform all of the functions required of municipal clerks by the
General Election Law and any other law or ordinance, and receive for
municipal use the fees prescribed therefor.
l. Perform such functions as are vested in municipal clerks by State
law or ordinances relating to bingo and raffle licenses.
m. Approve the granting of raffle and bingo licenses, as the "issuing
authority" pursuant to N.J.A.C. 13:47.1.1.
n. Perform such other, different and additional powers, functions and
duties as may be prescribed by law or ordinance.
[Ord. 12/13/48, § 1]
A Municipal Court for the Borough is established, as of January
1, 1949, pursuant to the provisions of N.J.S.A. 2B:12-1 et seq. Chapter
264 of the Laws of 1948, as amended and supplemented.
[Ord. 12/13/48, § 2]
The name of the Municipal Court shall be the "Municipal Court
of Rumson, New Jersey."
[Ord. 12/13/48, § 3]
The Municipal Court shall have a seal which shall bear the impress
of the name of the court.
[Ord. 12/13/48, § 4; Ord. No. 07-010G, § 1]
There shall be a Municipal Judge of the Municipal Court who
shall be appointed by the Mayor and who shall serve for a term of
three years from the date of his appointment and until his successor
is appointed and qualified.
[Ord. 12/13/48, § 5]
The Municipal Judge shall receive an annual salary to be fixed
and paid in the same manner as the salaries of other municipal officers,
and which shall be in lieu of all fees, costs and any other allowances
whatsoever.
[Ord. 12/13/48, § 6]
The Municipal Court and the judge thereof shall have, possess
and exercise all the functions, powers, duties and jurisdiction conferred
by the provisions of N.J.S.A. 2B:12-1 et seq. Chapter 264 of the Laws
of 1948, as amended and supplemented, or by any other law.
[Ord. 12/13/48, § 7; Ord. No. 07-010G, § 7]
There shall be a Court Administrator of the Municipal Court,
who shall be appointed by the Mayor and who shall serve for a term
of three years from the date of his appointment and until his successor
is appointed and qualified. The Court Administrator of the Municipal
Court shall receive an annual salary to be fixed and paid in the same
manner as the salaries of other municipal officers, and which shall
be in lieu of all fees, costs, and any other allowances whatsoever.
He shall perform such functions and duties as shall be prescribed
for him by law, the rules applicable to Municipal Courts, and by the
Municipal Judge.
[Ord. 12/13/48, § 8; Ord. No. 07-010G, § 1]
The Municipal Court shall be held in Memorial Borough Hall,
Rumson, N.J. The Municipal Judge shall establish the dates and times
as the business of the Court may require, subject to the rules applicable
to Municipal Courts.
[Ord. 12/4/92, § 1; Ord. No. 07-010G, § 1]
a. There is hereby created the office of Municipal Court Public Defender
who shall be nominated by the Mayor, with the advice and consent of
the Council, at the organizational meeting, or at any time thereafter,
in the event such appointment by the Mayor and Council is deemed advisable
or necessary.
b. The term of office of the Municipal Court Public defender, whose
office is herein created, shall be at the pleasure of the Mayor and
Council, but in any such event shall expire on December 31 of the
year in which said Municipal Court Public defender is appointed.
c. The Municipal Court Public Defender shall provide all necessary and
desirable legal counsel and advice required for the defense of cases
in the Municipal Court of the Borough of Rumson on behalf of those
indigent defendants who are entitled by law to appointment of counsel
and as approved by the Municipal Court Judge.
d. Every person who makes application to the Rumson Borough Municipal
Court for representation by the Public Defender in any matter pending
before the Court shall pay an application fee as established by the
Municipal Court. The Municipal Court may waive the required application
fee, in whole or in part, if the Court determines that the application
fee imposes an unreasonable burden on the person seeking representation.
e. The compensation of the Municipal Court Public Defender shall be
such as shall, from time to time, be fixed by resolution of the Borough
Council or by the Borough's salary resolution.
[Ord. 3/27/69, § 1; Ord. No. 07-010G, § 1]
The Borough of Rumson Environmental Commission is hereby established
pursuant to the revised Statutes of the State of New Jersey.
[Ord. 3/27/69, § 2; Ord. No. 11-001G, § 1]
A Commission shall consist of no fewer than five and no more
than seven members appointed by the Mayor, one of whom shall be a
member of the Planning Board and all of whom shall be residents of
the Borough. The members shall serve without compensation except as
hereinafter provided. The Mayor shall designate one member to serve
as Chairman and presiding officer of the Commission. The Commissioners
shall be appointed for terms of three years and until the appointment
and qualification of their successors.
The Mayor and Borough Council may remove any member of the Commission
for cause, on written charges served upon the member and after a hearing
thereon at which the member shall be entitled to be heard in person
or by counsel.
A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
[Ord. 3/27/69, § 3; Ord. 07-010G, § 1]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough of Rumson. The Commission shall
have power to conduct research into the use and possible use of the
open land areas of the Borough and may coordinate the activities of
unofficial bodies organized for similar purposes, and may advertise,
prepare, print and distribute books, maps, charts, plans and pamphlets
which in its judgment it deems necessary for its purposes. It shall
keep an index of all open areas, publicly or privately owned, including
open marshlands, swamps and other wetlands, in order to obtain information
on the proper use of such areas, and may recommend to the Planning
Board, plans and programs for inclusion in the Master Plan and the
development and use of such areas.
[Ord. 3/27/69, § 4; Ord. No. 07-010G, § 1]
The Environmental Commission may, subject to the approval of
the Mayor and Council, acquire property, both real and personal, in
the name of the Borough by gift, purchase, grant, bequest, devise
or lease for any of its purposes and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement (including conservation easement), covenant or other
contractual right (including a conveyance on conditions or with limitations
or reversions), as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the Borough.
[Ord. 3/27/69, § 5]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Mayor and Council.
[Ord. 3/27/69, § 6]
The Environmental Commission may appoint such clerks and other
employees as it may require, providing the same shall be within the
limits of funds appropriated to it by the Mayor and Council.
[Ord. 4/12/62, § 1; Ord. No. 07-016G, § 1; Ord. No. 11-001G, § 2]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon or in the highways (except County highways),
parks or parkways of the Borough shall be exercised and be under the
authority of the Commission. The Commission, to be known as the "Shade
Tree Commission of the Borough of Rumson," shall consist of no fewer
than five members and no more than seven members appointed by the
Mayor and shall serve without compensation.
a. Three to five citizens of the Borough;
[Ord. 12/13/48, § 2; Ord. No. 07-016G, § 1]
The appointments of the five members shall be staggered terms
beginning January 1, 2008 for one, two and three year terms as follows:
a. One citizen for three year term;
b. One citizen for two year term;
c. One citizen for one year term;
d. Borough official for one year term;
e. Borough employee for one year term.
Thereafter each appointment shall be for a three year term for
citizens and a one year term for the Borough official and the Borough
employee beginning January 1 except in the case of filling a vacancy.
Vacancy occurring in the membership of the Commission by reason of
death, resignation or removal of any commissioner shall be filled
for the unexpired term by the Mayor.
[Ord. 12/13/48, § 3;
No. 07-016G, § 1]
The Shade Tree Commission shall organize within 30 days after
the appointment of its total membership, for the remainder of the
current year, and thereafter annually, by the election of one of its
members as president and the appointment of a secretary.
[Ord. 2/8/23]
The Shade Tree Commission shall have the power to exercise full,
sole and exclusive control over the regulations, planting and care
of shade and ornamental trees and shrubbery now situated, or which
may hereafter be planted in any public highway, park or parkways of
the Borough, including the planting, trimming, spraying, care and
protection of the same for the public good; to regulate and control
the use of the ground surrounding the same, so far as may be necessary
for their proper growth, care and protection; to move or require the
removal of any tree or part thereof, dangerous to public safety, at
the expense of the owner of such tree and to remove any tree or part
of a tree at the request and expense of the owner of such tree; to
care for and control such parks and parkways, encourage arboriculture;
to make, alter, amend and repeal any and all ordinances, rules and
regulations, necessary or proper for carrying out the provisions of
this ordinance and the provisions of Chapter 325 of the Laws of New
Jersey of 1915 as amended by Chapter 58 of the Laws of 1918 commonly
known as the Shade Tree Commission Act.
[Ord. 8/14/07]
There shall be in and for the Borough a Board of Health in accordance
with the provisions of N.J.S.A. 26:3-1 et seq.
[Ord. 8/14/07; Ord. 5/11/78; Ord. No.
07-016G, § 1]
The Board of Health shall consist of seven members appointed
by the Mayor with approval by the Borough Council. All members shall
be appointed to serve for a three year term except in the case of
vacancies. Vacancies shall be filled for the unexpired term.
[Ord. 8/14/07]
The Board of Health shall adopt rules and regulations for its
own government and shall elect a president from among its own members.
[Ord. 8/14/07; Ord. 12/21/06, § 1; Ord. No. 07-004G, § 1]
The Board of Health shall appoint a Registrar of Vital Statistics,
Clerk and Sanitary Inspector, and may also appoint such other officers
or assistants as the Board of Health may deem necessary. All appointees
of the Board of Health shall be governed by the rules of the Board.
[Ord. 12/21/06, § 1; Ord. No. 07-004G, § 1]
The following fees are hereby fixed and established for certified
copies of a Vital Statistic record:
a. $20 for the first certified, sealed copy of a Vital Statistic Record
(birth, marriage, civil union, domestic partnership, death and correction).
b. $5 for each additional certified, sealed copy of a Vital Statistic
Record thereafter.
[Ord. 8/14/07]
The Board of Health shall not contract debt or debts of any
kind beyond the amount of the appropriation made for its use by the
Council.
[Ord. 11/11/87, § 1; Ord. 8/17/06, § 1]
a. Fees for licensing of retail food establishments are hereby fixed
in accordance with the current fee schedule adopted by the Monmouth
County Regional Health Commission, "Ordinance #1 Regulating Retail
Food Establishments for Licensing and Fixing Fees."
b. Permit issued or approved under the provisions of this chapter shall
expire annually on December 31 of each year, and application for renewal
thereof shall be submitted, together with the required fee to the
Borough of Rumson, prior to January 31 of each ensuing year.
c. A person conducting an itinerant retail food handing establishment
shall secure a permit in accordance with the Monmouth County Regional
Health Commission Ordinance #1.
[Ord. 3/2/06, § 1]
As used in this article, the following items shall have the
meanings indicated:
DEPARTMENT
Shall mean the Police Department of the Borough.
POLICE COMMITTEE
Shall mean a three-member committee of the Borough Council
members appointed from amongst its members.
[Ord. 3/2/06, § 1]
The purpose of this section is to prescribe rules and regulations
respecting the organization of and operation of the Police Department
of the Borough of Rumson.
[Ord. 3/2/06, § 1; Ord. No. 08-016G, § 1]
There is hereby created in and for the Borough of Rumson a Police
Department which may consist of a Chief of Police, Captain, Lieutenants,
Sergeants, Detective and Police Officers (Patrolmen) to be appointed
to these positions by a recommendation of the Police Committee to
the Mayor and Council and a majority vote of approval by Council.
[Ord. 3/2/06, § 1]
The Police Committee, a three-member (3) committee of Borough
Council members appointed from amongst its members, shall be designated
the appropriate authority as provided in New Jersey State Statutes.
The appropriate authority shall be responsible for the overall performance
of the Police Department. The appropriate authority shall adopt and
promulgate rules and regulations for the government of the Police
Department and for the discipline of its members.
[Ord. 3/2/06, § 1]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the appropriate authority for
its efficiency and day-to-day operations. Pursuant to policies established
by the appropriate authority, the Police Chief shall:
a. Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its member officers;
b. Have, exercise and discharge the functions, powers and duties of
the Police Department;
c. Prescribe the duties and assignments of all members and officers;
d. 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
e. Report at least monthly to the appropriate authority 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 appropriate authority.
[Ord. 3/2/06, § 1]
a. It shall be the duty of the Captain to assist the Chief of Police
in the performance of his duties, and he shall have such hours of
active duty as may be prescribed by the Chief of Police.
b. In the absence of the Chief of Police, the Captain shall assume immediate
command of the Police Department and shall serve in the capacity of
Acting Chief of Police until the Chief shall return to duty or until
otherwise directed by the Police Committee. During such service as
Acting Chief of Police, the Captain shall have all the responsibilities,
duties, powers and authority of the Chief of Police unless otherwise
prohibited or in conflict with the statutes of the State of New Jersey.
c. He shall at all times keep himself well informed on all matters within
the Police Department or coming to the attention of the Police Department
and shall bring all matters of importance to the direct attention
of the Chief of Police.
d. It shall be the duty of the Captain to supervise the establishment
and maintenance of all necessary records and filing systems to adequately
provide for the proper needs of all branches and members of the Police
Department.
[Ord. 3/2/06, § 1]
a. It shall be the duty of the Lieutenant to assist the Chief of Police
and Captain in the performance of his duties, and he shall have such
hours of active duty as may be prescribed by the Chief of Police.
b. In the absence of the Chief of Police and the Captain, the Lieutenant
shall assume immediate command of the Police Department and shall
serve in the capacity of Acting Chief of Police until the Chief shall
return to duty or until otherwise directed by the Police Committee.
During such service as Acting Chief of Police, the Lieutenant shall
have all the responsibilities, duties, powers and authority of the
Chief of Police unless otherwise prohibited or in conflict with the
statutes of the State of New Jersey.
c. He shall at all times keep himself well informed on all matters within
the Police Department or coming to the attention of the Police Department
and shall bring all matters of importance to the direct attention
of the Chief of Police.
d. It shall be the duty of the Lieutenant and Captain to supervise the
establishment and maintenance of all necessary records and filing
systems to adequately provide for the proper needs of all branches
and members of the Police Department.
e. The Lieutenant will perform any additional duties assigned by the
Chief of Police.
[Ord. 3/2/06, § 1]
a. It shall be the duty of the Sergeant to assign and instruct subordinates
in police patrol methods and procedures, investigation practices and
related law enforcement problems. Provides training as needed.
b. It shall be the duty of the Sergeant to supervise criminal and noncriminal
investigations; investigate improper police services or actions; when
necessary, take proper police action against law violators; inspect
subordinates and patrol units, assignments and posts; and noting and
correcting or reporting any conditions which require police attention.
c. He shall at all times keep himself well informed on all matters within
the Police Department or coming to the attention of the Police Department
and shall bring all matters of importance through proper chain of
command.
d. It shall be the duty of the Sergeant, Lieutenant and Captain to supervise
the establishment and maintenance of all necessary records and filing
systems to adequately provide for the proper needs of all branches
and members of the Police Department.
e. The Sergeant will perform any additional duties assigned by the Chief
of Police.
[Ord. 3/2/06, § 1]
a. It shall be the duty of the Detective to assign and instruct subordinates
in police criminal investigation methods and procedures, investigation
practices and related law enforcement problems. Provides training
as needed.
b. It shall be the duty of the Detective to supervise criminal and noncriminal
investigations; investigate improper police services or actions; when
necessary, take proper police action against law violators; inspect
subordinates, assignments and posts; and noting and correcting or
reporting any conditions which require police attention.
c. He shall at all times keep himself well informed on all matters within
the Police Department and shall bring all matters of importance through
proper chain of command.
d. It shall be the duty of the Detective, Sergeant, Lieutenant and Captain
to supervise the establishment and maintenance of all necessary records
and filing systems to adequately provide for the proper needs of all
branches and members of the Police Department.
e. The Detective will perform any additional duties assigned by the
Chief of Police.
[Ord. 3/2/06, § 1]
a. It shall be the duty of the Police Officers (Patrolmen) to take appropriate
action to protect life and property; preserve the peace; prevent crime;
detect and arrest violators of the law; enforce all Federal, State
and local laws and ordinances coming within the Departmental jurisdiction;
safely and expeditiously regulate traffic; aid citizens in matters
within police jurisdictions; take appropriate police action in aiding
fellow officers as needed; and provide miscellaneous services.
b. It shall be the duty of the Police Officers (Patrolmen) to exercise
authority consistent with the obligations imposed by the oath of office
and in conformance with the policies of the Department; abide by all
the rules, regulations and Departmental procedures and directives
governing Police Officers (Patrolmen); and be accountable and responsible
to their supervisors for obeying all lawful orders.
c. It shall be the duty of the Police Officers (Patrolmen) to coordinate
their efforts with other employees of the Department to achieve Department
objectives; conduct themselves in accordance with high ethical standards,
on and off duty; and strive to improve their skills and technique
through study and training.
d. It shall be the duty of the Police Officers (Patrolmen) to familiarize
themselves with the area of authority and responsibility for the current
assignment; perform their duties promptly, faithfully and diligently;
and perform all related work as required.
e. The Police Officers (Patrolmen) will perform any additional duties
assigned by the Chief of Police.
[Ord. 3/2/06, § 1]
Within the Department there shall be a Police Physician who
shall have all the powers, functions and duties of a Borough police
physician prescribed by law. The Police Physician shall be appointed
each year by the Mayor with the consent of the Council and shall serve
from January 1 of the year of his appointment for a term of one year
or until such time as his successor shall be appointed.
[Ord. 3/2/06, § 1]
The Police Department shall preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and ordinances of the Borough of Rumson; direct and
control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers.
[Ord. 3/2/06, § 1]
No person shall be appointed to the Police Department who is
not qualified as provided in New Jersey state statutes. The appropriate
authority may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
[Ord. 3/2/06, § 1; Ord. No. 08-016G, § 1; Ord. No. 18-014G]
The Mayor and Council of the Borough of Rumson may appoint from
time to time special law enforcement officers in accordance with New
Jersey State Statutes for terms not exceeding one year.
a. Powers and Duties of Special III Police Officers.
1. Special Law Enforcement Class III Police Officers will be assigned
to roles within the Department as consistent with New Jersey and the
restrictions of the Special Law Enforcement Class III Officers.
2. Special Law Enforcement Class III Police Officers shall be employed
only to assist the Police Department with security duties at public/private
schools.
3. Special Law Enforcement Class III Police Officers shall be authorized
to exercise full powers and duties similar to those of a permanent,
regularly appointed full-time Police Officer while providing security
at a public or nonpublic on the school premises during hours when
the public or nonpublic school is normally in session or when it is
occupied by public or nonpublic students or their teachers.
4. Special Law Enforcement Class III Police Officers will act under
the supervision of a Patrolman or above and will only utilize police
powers consistent with their certification restrictions.
5. A Special Law Enforcement Class III Police Officer appointed shall
not, based on this appointment, be eligible for health care benefits
or enrollment in any state-administered retirement system.
b. Powers and Duties of Special II Police Officers.
1. Special II Police Officers will be assigned to roles within the Department
as consistent with New Jersey Law and the restrictions of the Special
II certification.
2. When assigned to patrol or where otherwise applicable, Special II
Officers will be vested with the powers and responsibilities of Patrolman.
Such power and responsibility will only be vested during the time
period assigned and authorized.
3. Special II Officers will act under the supervision of a Patrolman
or above and will only utilize police powers consistent with their
certification restrictions.
4. Special II Officers will seek authorized approval from a supervising
officer for all significant police action, such as arrest, if time
allows.
c. Powers and Duties of Special I Police Officers.
1. Special I Officers will be assigned to roles within the Department
as consistent with New Jersey Law and the restrictions of the Special
I certification.
2. Special I Officers will act under the supervision of a Patrolman
or above and will only utilize police powers consistent with their
certification restrictions.
3. At no time will Special I Officers take significant police action
without approval.
d. Powers and Duties of Dispatchers.
1. Dispatchers will have no police powers.
2. Dispatchers will be responsible for the timely and appropriate answering
and prioritization of incoming phone calls and requests. Non emergent
calls will be routed or referred in an appropriate manner.
3. Dispatchers will be responsible for the timely and appropriate dispatching
of all necessary emergency services, including: Police, Fire and First
Aid and mutual aid.
4. Dispatchers will route requests for services made by non emergent
sources such as the Department of Public Works and Wastewater Management.
Additionally, notifications will be made to these sources when their
service is required.
5. Dispatchers are responsible for appropriately documenting all calls
for service.
6. Dispatchers will be responsible for adhering to all applicable rules,
regulations and procedures including but not limited to: uniform and
appearance, use of chain of command, obeying orders, reporting times
and demeanor.
[Ord. 3/2/06, § 1]
No member or officer of the Police Department shall be suspended,
removed, refined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey State Statutes
and the Police Department's rules and regulations.
[Ord. 3/2/06, § 1]
All rules, regulations, procedures and orders previously issued,
contrary to those embodied in the manual, are hereby revoked. All
other rules, regulations, orders and procedures not in conflict with
those contained in this manual shall remain in force.
[Ord. No. 07-015G, § 1; Ord. No. 08-016G, § 1; Ord. No. 09-011G, § 1; Ord. No. 10-004G]
The following shall apply to outside employment of off-duty
Borough of Rumson Police personnel by a contractor or third party
for services:
a. All requests for outside employment of Rumson Police shall be through
the Chief of Police, or his or her designee. Payment for these service
from the contractor or third party shall be made to the Borough of
Rumson prior to the schedule work.
b. This subsection shall only apply to Borough or Rumson Police personnel.
c. All rates of compensation for police personnel shall be set by resolution
annually, within the first 30 days of the calendar year.
d. In the event of a change in the rates, the Patrolmen's Benevolent
Association Rumson Local #345 (the Association) shall notify the Chief
Financial Officer of the Borough no later than November 1 of each
calendar year of the applicable rates for the following calendar year.
e. The Borough shall charge the contractor or third party an administrative
fee, an amount above the rate set by the Association for the police
personnel, in order to cover expenses incurred by the Borough resulting
from off-duty employment. This rate shall be included in the annual
resolution.
f. Scheduling of off-duty employment, which is police-related, will
be arranged by a member of the Police Department under the assignment
of the Chief of Police. Such employment schedule shall be made up
by him or her and submitted to the Chief of Police or his authorization.
Police personnel will have the option to work these police-related
jobs, and all employment of off-duty Police Officers will be voluntary
except for an emergency.
g. The Chief Financial Officer will provide an Annual Payroll Schedule
to the Chief of Police for submission dates of time sheets for all
off-duty work. All payments to police personnel shall be made through
payroll in accordance with the schedule set by the Chief Financial
Officer. The Borough of Rumson will not make payments to officers
employed by another agency.
h. The member of the Police Department in charge of off-duty work shall
submit all time sheets for all off-duty employment to the Chief of
Police for payroll processing. Once approved, the Chief of Police
will submit the time sheets to the Chief Financial Officer for processing.
Incomplete time sheets may not be processed for payroll, and may be
returned to the Chief of Police for resubmission for the following
payroll.
i. The Chief Financial Officer will keep all time sheets provided by
the Chief of Police. If funds have not previously been deposited with
the Borough, the Chief Financial Officer will bill the contractor
for the services. All payments shall be payable to the Borough of
Rumson.
j. All off-duty police-related work is not to be considered regular
police duty.
k. Whenever off-duty police personnel are assigned to any police-related
job, such as traffic control, security, crowd control, etc., he or
she shall, for the purpose of his or her pension, be entitled to all
benefits that he or she would be normally entitled to while on-duty.
l. However, nothing herein contained shall prevent a member of the Police
Department from engaging in any other type of outside employment or
business providing that such activity does not conflict nor interfere
with his or her primary employment as a Police Officer.
m. A Police Officer is required to be present at the site for the protection
of the public except when on an approved break and when the job mandates.
This should be with approval of the Chief of Police or his or her
designee.
[Ord. No. 08-016G, § 1]
a. Purpose. In order to ensure that the Borough is providing the safe
passage to school for all students, the Borough shall require that
criminal history background checks be performed on any person with
unsupervised direct access to minors, as a condition to be a school
crossing guard. The recently enacted State Law, N.J.S.A. 15A:3A-1
et seq., permits the Borough to request that the Attorney General's
Office conduct a criminal history record background check on each
prospective and current person with unsupervised direct access to
minors in the course of their duties. The Rumson Police Department
recommends that all such current and prospective persons with unsupervised
direct access to minors in the course of their duties. The Rumson
Police Department recommends that all such current and prospective
persons with unsupervised direct access to minors involved with the
travel of students to and from school be required to submit to such
criminal history record background checks.
b. Procedure and Requirements shall be the same as stated in Subsection
10-1.9 of the Borough of Rumson General Ordinances for criminal history record background checks for recreation program employees and volunteers.
[Ord. 3/2/06, § 1; Ord. No. 07-010G, § 1; Ord. No. 08-016G, § 1]
All current Open Public Record Act (OPRA) fees and New Jersey
State Police Firearms Applications fees will be posted in the lobby
of the Rumson Police Headquarters.
A list of fees is hereby fixed and established for certain services
extended and materials distributed by the Police Department of the
Borough of Rumson. This is provided, however, that the copies of such
documents and charges therefor are not contrary to the Open Public
Records Act P.L. 2001, Chapter 404 N.J.S.A. 47:1A-1 et seq. or by
another statute, resolution of either or both houses of the Legislature,
executive order of the Governor, rule of court, any Federal law, regulation
or order or by any regulations promulgated under the authority of
any statute or executive order of the Governor.
The fees for the following items are as follows:
a. Photocopy of Motor Vehicle Accident Reports (NJTR-1). The fees for
all motor vehicle accident reports requested other than in person
shall be in accordance with N.J.S.A. 39:4-131.
b. All Other Rumson Police Department Public Records Requested (Including
any Motor Vehicle Accident Report(s) that is Requested in Person).
The fees shall be charged as established by N.J.S.A. 47:1A-1 et seq.
plus any actual charges for postage and envelope for mailing as necessary.
The Department may charge, in addition to the actual cost of duplicating
the record, a "special service charge" that shall be reasonable and
based upon the actual direct cost of providing the copy or copies
and may include the actual cost of labor required to pay the hourly
rate of the clerical employee(s) completing the task. The requestor
shall have the opportunity to review and object to the "special service
charge" prior to it being incurred.
c. Issuance of firearms purchase identification cards as prescribed
by N.J.S.A. 2C:58-3f.
d. Issuance of permit to purchase a handgun as provided by N.J.S.A.
2C:58-3f.
e. Discovery in Municipal Court Matters.
1. All requests for discovery in matters pending in the Rumson Municipal
Court shall be submitted through the Municipal Prosecutor.
2. Fees for any and all Municipal Court or Civil Court discovery shall
be charged in accordance with the fee schedule established by N.J.S.A.
47:1A-1 et seq., plus any actual charges for postage and envelope
for mailing as necessary. The Department may charge, in addition to
the actual cost of duplicating the record, a "special service charge"
that shall be reasonable and based upon the actual direct cost of
providing the copy or copies and may include the actual cost of labor
required to pay the hourly rate of the clerical employee(s) completing
the task. The requestor shall have the opportunity to review and object
to the "special service charge" prior to it being incurred.
f. Fingerprinting by officer, up to three cards: $10.00 per set.
[Ord. 3/2/06, § 1; Ord. No. 08-016G, § 1]
No fee shall be charged for any report for which a formal request
is made by any local, County, State or Federal law enforcement agency
or by the Federal postal authorities.
[Ord. 3/2/06, § 1; Ord. No. 08-016G, § 1]
The Rumson Police Department shall issue a receipt for all fees
and moneys received for the services extended by the Rumson Police
Department, or materials furnished as hereinabove provided. All moneys
received intended for the Borough of Rumson shall be forwarded to
the Chief Financial Officer of the Borough of Rumson. All checks or
money orders received in payment to other agencies, shall be forwarded
to the appropriate agency, as prescribed by the relevant law.
[Ord. 2/10/66, § 1]
The incorporated limits of the Borough of Rumson as now established
under an act entitled, "An Act to Incorporate the Borough of Rumson,
in the County of Monmouth," approved May 15, 1907, and constituting
Chapter 214 of the Laws of 1907, and an act entitled, "An Act to extend
the territorial boundaries of the Borough of Rumson, in the County
of Monmouth, by an annexation of a portion of the Township of Shrewsbury
in said county," approved March 21, 1911 and constituting Chapter
49 of the Laws of 1911, shall be the fire district of this Fire Department.
[Ord. 2/10/66, § 2]
The Fire Department of this Borough shall consist of the Oceanic
Hook and Ladder Company No. 1 and the Rumson Fire Company, Incorporated.
The Oceanic Hook and Ladder Company and the Rumson Fire Company shall
be divided into the number of units necessary for efficient operation.
The officers of the companies shall be as specified by their respective
charters and bylaws.
[Ord. 2/10/66, § 3]
The Mayor and Council shall appoint a Fire Department Physician
and/or Surgeon who shall be licensed to practice medicine in the State.
It shall be the duty of the Fire Department Physician and/or surgeon
to pass on the physical qualifications of applicants for membership
in the department.
[Ord. 11/22/72; Ord. 3/12/87, § 1; Ord. 10/13/88, § 1; Ord.
No. 08-016G, § 1; Ord.
No. 17-010G § 1]
No person shall hereafter be eligible to membership in the Fire
Department of the Borough, or any unit thereof unless of good moral
character; completed a background check and found acceptable; within
the age limit as set by the New Jersey State Firemen's Association;
a citizen of the United States and shall reside within a seven mile
radius of the Borough Hall for at least six months immediately prior
to request for application; mentally and physically fit to perform
the duties of a firefighter, said fitness to be evidenced upon the
application for membership of the New Jersey State Firemen's Association
certified by a Licensed Physician after he has made an examination
of the applicant for that purpose; provided, however, that in the
case of any applicant for membership who shall have been a member
in good standing of any other recognized Fire Department in the State
of New Jersey at the time that he established the residency requirement
in the Borough and who is not over 45 years of age the aforesaid age
limitations shall not apply and provided, further, that a former firefighter
with an acceptable record on file with the New Jersey State Firemen's
Association and meeting all other conditions hereinabove prescribed
shall be eligible to membership, if the residency requirement is met
for at least six months immediately prior to his request for an application.
The Mayor and Council are authorized to waive the residency requirement
if the applicant can demonstrate justification for membership and
provided the applicant is acceptable to the Fire Department. No person
shall become a member of the Fire Department of the Borough until
his election thereto has been approved by the Borough Council by motion
duly approved for such purpose.
a. A person who is a member in good standing in another Fire Department
and holds a Line Number from the New Jersey State Firemen's Association
may apply to become an active associate member of the Department.
In order to become an active associate member, a person must be between
the ages of 18 years and 45 years. The applicant must reside or work
within a seven mile radius of the Borough Hall of Rumson and able
to respond to alarms of fire. Active associate members shall be eligible
for the Borough's life insurance coverage currently provided to members
of the Fire Department and shall be provided with worker's compensation
and other insurance coverage while responding to, working at, and
returning from alarms of fire. Active associate members shall not
be eligible for membership to the Oceanic Firemen's Relief Association
or any benefits provided therefrom.
Active associate members shall be entitled to all the rights
and privileges as provided by the bylaws of the individual Fire Company
they join: they shall be entitled to vote in the election for the
Chief and Assistant Chief of the Borough Department, however, they
shall not hold such offices within the Department. The active associate
membership shall be limited to six per company (12 total).
The application procedures for active associate membership shall
be the same as for probationary or active membership (applications
are supplied by the New Jersey State Firemen's Association). An applicant
for active associate membership shall submit a certificate of successful
completion of the basic training course at any fire academy recognized
by the State of New Jersey within one year from the date of application
acceptance. Failure to complete the basic training course or to provide
a copy of a document to prove such training experience within one
year shall result in the expulsion from the Fire Department.
[Ord. 2/10/66, § 5; Ord. 3/12/87, § 2; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
The first Thursday in December, in each year the Companies shall
elect one person to be known as Chief of the Fire Department and one
person to be known as the Assistant Chief of the Fire Department.
Every member of the fire companies in good standing on November 30,
preceding the election shall be eligible to vote.
The Chief and Assistant Chief shall be residents of the Borough
of Rumson but the Mayor and Council retain the right to waive this
requirement on a case to case basis subject to acceptance of the waiver
by the Fire Department.
[Ord. 2/10/66, § 6; Ord. No. 08-016G, § 1]
The two companies of the Fire Department shall have power to
provide for the election of their officers and members and manage
their own affairs, subject to their respective constitutions and bylaws,
to the rules and regulations of the Department and to the approval
of the Borough Council, if the Council shall see fit to exercise such
right of approval in the interest of the general welfare of the Borough.
The Secretary of each fire company of the Fire Department of the Borough
shall, on or before November 30 of each year file with the Municipal
Clerk, as a matter of public record, a list of all members who are
in good standing and entitled to vote at the annual election of the
Chief and Assistant Chief for the following year.
[Ord. 2/10/66, § 7; Ord. No. 08-016G, § 1]
The election shall be held at the engine house of each Fire
Company belonging to the Rumson Fire Department (two companies), the
polls opening at 7:00 p.m. and closing at 9:00 p.m. of the day appointed
for holding the election, and shall be conducted by ballot, and a
statement of the result of the election shall be signed by the Judge
and Clerk of each Company and transmitted to the Municipal Clerk and
shall be by him submitted to the Mayor and Council no later than the
last regular meeting in December, and the persons so declared to be
elected as Chief and Assistant Chief shall hold office for a one-year
term from the first day of January next ensuing. The Chief and Assistant
Chief shall alternate each year between each Company.
[Ord. 2/10/66, § 8]
The president and secretary, or in their absence or inability
to act, the vice president and treasurer of each company shall act
as judge and clerk of all elections held under the provisions of this
ordinance.
[Ord. 2/10/66, § 9; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
It shall be the responsibility of the Chief to inspect at least
once each month all fire apparatus and buildings in use for the protection
of the same. The Chief, Assistant Chief or senior officer in charge
shall in all cases of fire threatening danger or destruction of property,
take sufficient and prompt measures and use the means of the Department
to extinguish the same, and shall at such times on occasions of alarm
of fire, within or without the Borough, have sole absolute control
and command over all fire apparatus, and all members of the Fire Department,
and over all persons aiding and assisting the Fire Department in cases
of actual fire.
[Ord. 2/10/66, § 10]
In the absence of the Chief, his command shall devolve upon,
and his duties be performed by the Assistant Chief, or in his absence
by the senior officer first at the fire.
[Ord. 2/10/66, § 11; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
The Chief and Assistant Chief shall attend all fires within
the corporate limits of the Borough and are hereby empowered to take
charge of any building or buildings which may be on fire and to admit
only so many persons, other than firefighters, to the building as
they think necessary to aid in extinguishing the fire and the preservation
of all goods and to give orders and to superintend the removal of
all goods and the preservation of all endangered property. The Chief
and Assistant Chief are hereby vested with powers of Special 1 Police
Officers of the Borough while going to, attending and returning from
a fire, and shall preserve the peace and protect private and public
property.
[Ord. 2/10/66, § 12; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
The senior officer of each Fire Company of the Department shall
report to the Chief or Assistant Chief any supplies which are necessary
for the efficient operation of his Company and the Chief or Assistant
Chief, if he approves the report, shall request the supplies from
the Borough Administrator.
[Ord. 2/10/66, § 13]
The Chief and Assistant Chief shall wear when on duty hats on
which shall be emblazoned the names of their respective offices.
[Ord. 2/10/66, § 14; Ord. No. 08-016G, § 1]
No person who has been expelled from the Fire Department shall
operate any fire apparatus or assume any duties of a firefighter or
Fire Police Officer.
[Ord. 2/10/66, § 17; Ord. No. 08-016G, § 1]
The Chief shall have power, immediately and without hearing,
to suspend from duty any member or members of any Company for disobedience
of his orders or the orders of any officer then on duty. Such suspension
shall remain in effect until and unless reversed on appeal as hereinafter
provided. All appeals when taken by a company from the decision of
the Chief to suspend a member as hereinabove provided shall be made
to the Mayor and Council at its next regular meeting following such
suspension. The Mayor and Council shall try the appeal and affirm,
reverse or modify. All appeals when taken by a firefighter or firefighters
shall be made to the Company of which he or they shall be a member
or members and the procedure thereon shall be as provided in the bylaws
of such Company.
[Ord. 2/10/66, § 16]
It shall be the duty of the officers and members of each Company
and of the Fire Police to prevent any unauthorized persons from riding
on any fire apparatus at any time. It shall be the duty of all members
of both Companies and of the Fire Police to abstain from any unlawful
action and from any conduct that might reflect discredit upon the
Fire Department or the Borough.
[Ord. 2/10/66, § 17]
No rooms used for the protection of any fire apparatus shall
be put to any other use, without the consent of the trustees and the
Chief or Assistant Chief of the Company.
[Ord. 2/10/66 § 18; Ord. No. 08-016 § 1; Ord. No. 17-010G § 1]
No fire apparatus except in the case of necessity shall leave
the Borough limits. The Mayor, Borough Administrator, Chief or Assistant
Chief may permit any apparatus to leave the Borough limits on a call
for assistance from outside the Borough. The Mayor and Borough Administrator
shall have sole power to permit apparatus to leave the Borough limits
to attend parades or firefighter's tournaments.
[Ord. 2/10/66 § 19; Ord. No. 08-016G § 1; Ord. No. 17-010G § 1]
No fire apparatus shall be used for any trial of skill or power
except by consent of the Mayor or Borough Administrator.
No fire apparatus shall be used for funerals or in funeral processions
except for the funeral of a deceased firefighter or exempt firefighter
of the Borough Fire Department. Permission for use for any other funeral
may be given by the Mayor or Borough Administrator. (Ord. 2/10/66
§ 20; Ord. No. 08-016G § 1); Ord. No. 17-010G
§ 1)
[Ord. 2/10/66, § 21; Ord. No. 08-016G, § 1; Ord. No. 14-010G § 1; Ord. No. 17-010G § 1]
a. The speed limit for fire apparatus in the Borough shall be in accordance
with the statutes of the State applicable thereto but in no case greater
than 40 miles per hour going to an alarm and shall follow all posted
speed limits when returning therefrom.
[Ord. No. 17-010G § 1]
b. All volunteers driving to or returning from a fire alarm shall follow
all State and Borough regulations and shall follow all posted speed
limits at all times.
c. All applications for the New Jersey State Motor Vehicle Commission
Blue Light Permits shall be signed off by the Chief of Police and
the Fire Chief prior to the Mayor signing and forwarding the application
to the State for processing.
[Ord. 2/10/66, § 22; Ord. No. 08-016G, § 1]
The active membership in this Department shall consist of that
allowed by the New Jersey State Firemen's Association quota plus not
more than 10 over-quota members.
[Ord. 2/10/66, § 23; Ord. No. 17-010G § 1]
The Mayor and Council may appoint a custodian of fire equipment
who will report to and be under the direct supervision of the Borough.
The custodian shall be qualified to perform the duties hereinafter
described. Among applicants having equal qualifications for the position,
members of the Fire Department shall be preferred over nonmembers.
It shall be the duty of the custodian to see that the apparatus is
in running condition at all times and ready to answer any fire alarm;
he shall keep an inventory of all tools and supplies which are the
property of the Borough; he shall report to the Chief or in his absence,
the Assistant Chief, any part or parts of apparatus he may find out
of order and in need of repair, a form shall be forwarded to the Borough
Mechanic immediately; wash and wax apparatus regularly, as needed;
check lights, tires, etc. regularly; work/exercise all valves and
handles to assure they are in working order (including the pump) monthly;
exercise all generators and small engines monthly; fuel and check
fluids regularly.
[Ord. 2/10/66, § 24]
Each Company shall have as many drivers of fire equipment as
shall be deemed necessary. The drivers shall be elected by their respective
companies, in a manner the companies shall determine, and subject
to confirmation by the Borough Council.
[Ord. 2/10/66, § 25; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
It shall be the duty of each Company in the Fire Department
to submit to the Mayor and Council the names of any members for appointment
as Fire Police. Their names shall be submitted at the last Borough
meeting in December. The Fire Police shall hold office for one year.
[Ord. 2/10/66, § 26; Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
It shall be the duty of the members of the Fire Police, after
being sworn in, to organize and to elect from among their number;
a Chief of Fire Police, a Captain of Fire Police, a First Lieutenant
of Fire Police and a Second Lieutenant of Fire Police. It shall be
the duty of the Fire Police to perform all the duties of Special 1
Police Officers while on duty, to establish fire lines at all fires
and to exclude the public from inside the fire line.
[Ord. 2/10/66, § 27; Ord. No. 08-016G, § 1]
An active firefighter serving seven years in this Department
whose company record meets the requirements of the New Jersey State
Firemen's Association Laws and who has received a certificate from
the association will receive, on application through his Company,
a certificate of exemption from the Borough. An exempt firefighter
shall do active duty at a fire or stay outside fire lines.
[Ord. 2/10/66, § 28]
Should a fire develop in the Borough limits that requires assistance
from out-of-town fire departments, the Chief or in his absence, the
Assistant Chief or Senior Officer present, is hereby vested with the
authority to call such out-of-town assistance as he shall deem necessary
to aid in extinguishing the fire.
[Ord. 2/10/66, § 29; Ord. No. 08-016G, § 1]
The penalty for any violation of this section for which no other
penalty has herein been provided shall, in the case of an officer,
be degradation from office and suspension from the Department; in
the case of a firefighter, suspension from the Department. These penalties
shall be subject to confirmation by the Mayor and Council after due
trial.
[Ord. 2/10/66, § 30; Ord. No. 08-016G, § 1]
No person shall willfully interfere with, impede or delay, any
fire apparatus in the Borough or cause to be driven or drive any vehicle
over any fire hose or other fire apparatus or equipment at any time;
or willfully damage, deface or destroy any property or equipment appertaining
or belonging to the Fire Department or interfere with any firefighter
in the performance of his duty or park any vehicle opposite the runway
of the building or buildings where fire apparatus is stored.
[Ord. 2/10/66, § 31]
It shall be the duty of the officers of this department promptly
to report any violation of this section to the Chief and that officer
shall report the same to the Mayor and Council at its next regular
meeting. The Mayor and Council shall examine such charges and take
such action thereon as it may deem necessary.
[Ord. 2/10/66, § 32; Ord. No. 08-016G, § 1]
Any Fire Company which shall refuse to obey or enforce obedience
of any provisions of this section at the direction of the Borough
Council shall be suspended from fire duty in the Borough at the discretion
of the Mayor and Council and its control over the fire apparatus and
fire equipment of the Borough shall thereupon cease and revert to
the Borough. No provision in this section shall restrict the rights
of the Companies in this Department to own and maintain property in
their own names.
[Ord. 2/10/66, § 33; Ord. No. 08-016G, § 1; reserved
by Ord. No. 17-010G § 1]
[Ord. 10-2-97, § 1; Ord. 1/15/98, § 1; Ord. No. 08-016G, § 1]
a. Definitions. The following definitions shall apply to the provisions of Subsection
2-12.34:
ACTIVE MEMBER
Shall mean individuals who are members in the volunteer fire
department or first aid squad (EMS) who meet the definition of either
active member or exempt member as established by the bylaws of the
volunteer organization as are in effect on the effective date of this
subsection. Probationary members are specifically excluded from this
definition.
FEES
Shall mean and be limited to those charges listed below established
by the Governing Body of the Borough of Rumson which are fully retained
by the Borough of Rumson as revenue. Specifically excluded is any
portion of the fee which is collected by the Borough on behalf of
another entity, including but not limited to, the State of New Jersey,
County of Monmouth, or outside vendor.
b. Incentives. All active members of the Rumson Fire Department (two
Companies) and Rumson EMS (First Aid) as defined above shall be entitled
to the following benefits:
1. Exemption from the municipal portion of the Uniform Construction
Code fees for the issuance of a building permit required in connection
with either the construction of a single-family home or an addition
or repairs to an existing single-family home. Said fee exemption is
not to exceed $500 and the dwelling must be owned and occupied by
the active member.
2. Children of active members - exemption from fees for Borough recreational
programs.
3. Exemption from the municipal portion of the fees for the issuance
of a permit required in connection with the use of the municipal boat
launching ramp.
4. Exemption from the municipal portion of marriage license fees for
the active member, certified copies of marriage licenses for the active
member and certified copies of birth and death certificates for immediate
members of the active member's family (father, mother, children, spouse).
c. Administration.
1. On or about January 1st of each calendar year the Rumson Fire Department
(two Companies) and the Rumson EMS (First Aid) shall submit to the
Municipal Clerk a list of all individuals who meet the definition
for active member status. Such list shall be updated on a periodic
basis by the volunteer organization to add those individuals who have
completed their probationary period or to delete individuals who have
been dropped from membership or who no longer meet the criteria for
active member status.
2. All active members and their families where applicable, must comply
with all registration procedures and complete all application forms
established by the Borough of Rumson.
d. Exclusions. No exemption shall be allowed for the following fees:
1. Fees, licenses and permits associated with any for profit activity.
2. Inclusion in programs when the registration is received after maximum
registration has been reached.
3. Fees and escrows required by either the planning board or board of
adjustment in connection with any site plan or subdivision application.
4. Escrows associated with engineering inspections.
5. Posting of performance guarantees where required or permitted by
law.
[Ord. No. 08-016G, § 1; Ord. No. 17-010G § 1]
As recognized by the State of New Jersey under the "Emergency
Services Volunteer Length of Service Award Program Act" the Borough
established a Length of Service Award Program effective August 19,
2004 for all eligible volunteer firefighters in the Rumson Fire Department
consisting of the Oceanic Hook & Ladder Co. No. 1, Inc. and the
Rumson Fire Company.
In accordance with N.J.S.A. 40A:14-183 et seq. the Borough of
Rumson established the Length of Service Awards Program (LOSAP) to
provide for the following:
a. Fixed annual contributions to be made by the Borough annually to
a tax deferred income account for each volunteer member who the Borough
determines meets the annual eligibility criteria set forth below;
that such contributions shall be made in accordance with a plan that
shall be established by the Borough of Rumson pursuant to the Act;
and that such plan shall be administered in accordance with the laws
of the State of New Jersey, the U.S. Internal Revenue Code, and this
Ordinance.
b. Annual contributions for each eligible member whom the Borough had
determined has performed and accrued 75 points of service in the particular
calendar year pursuant to the Borough of Rumson Point System. The
Governing Body of the Borough reserves the right to amend the Point
System and Schedule.
c. The annual contribution amount for each year of future service for
each eligible volunteer member shall be $1,150. The estimated annual
cost of this program shall be based on 60 members for a total cost
of $69,000. Beginning in 2018, the annual contribution shall adjust
based on the Consumer Price Index Adjusted State of New Jersey published
cost of living increase for the given year. These increases shall
be cumulative going forward.
[Ord. No. 17-010G § 1;
amended 12-17-2019 by Ord. No. 19-007G007G]]
d. Each active volunteer member shall accrue and be credited with points,
to be totaled on an annual basis per calendar year, for volunteer
services provided as per the Borough of Rumson LOSAP Point System
Schedules set forth herein as part of this Ordinance. The Rumson Fire
Department (two Companies) shall at the conclusion of each calendar
year provide a list and recommendation as to the members achieving
the required 75 points of service and the basis for that recommendation.
The Governing Body will thereafter make the determinations to the
members on the list as to compliance with the eligibility requirement
for each calendar year.
[Ord. No. 17-010G § 1]
a. A Cadet or Junior Firefighters' Program to the Volunteer Fire Department
of the Borough of Rumson is hereby established pursuant to the provisions
of N.J.S.A. 40A:14-95 et seq. and subject to the supervision of the
each fire company and the Chief or Assistant Chief. The members of
the Program shall be known as the "Cadet/Junior Firefighters."
b. Each volunteer fire company of the Borough of Rumson may have a Cadet/Junior
Firefighters' Program.
c. Cadet/Junior Firefighters shall meet all the qualifications of regular
firemen, except that they need only have reached the age of 14 years
and may be no older than 17 years of age.
d. When a Cadet/Junior Firefighter reaches the age of 18 and wishes to continue as a firefighter in the Borough of Rumson, the Cadet/Junior Firefighter must apply for full membership according to Borough Ordinance Chapter
2, §
2-12.
e. The Cadet/Junior Firefighters, before being considered for membership,
must obtain permission to join the Program from their parent(s) or
guardian(s) and must submit to the fire company the permission, in
writing, and acknowledged or approved in the manner required by law
for deeds to real estate to be recorded.
f. Members of the Program shall be insured by the same coverage and
in the same amounts provided for the regular volunteer Firefighters
of the Borough of Rumson.
g. Every person seeking to become a Cadet/Junior Firefighter must apply
and be selected in the same manner as regular Firefighters.
h. Cadet/Junior Firefighters shall be trained for eventual membership
in the Rumson Fire Department by the Chief or the Assistant Chief
and the regular members.
i. No Cadet/Junior Firefighter shall be allowed to perform duties that
would expose him to the same degree of hazard as a regular member
of the Rumson Fire Department.
j. Cadet/Junior Firefighters shall not fight fires and shall not be
required to perform duties which would expose them to the same degree
of hazard as a regular active member.
k. A Cadet/Junior Firefighter shall wear full turnout gear while riding
fire apparatus and performing fire duties.
l. A Cadet/Junior Firefighter may deliver such items as hand lights,
exhaust fans, axes, and pike poles from the fire apparatus to the
regular firefighters fighting fires, but only to those firefighters
outside the structure.
m. At the scene of a fire, a Cadet/Junior Firefighter may roll hose
or help repack hose onto the fire apparatus.
n. A Cadet/Junior Firefighter may only ride in the jump seat or cab
of the apparatus.
o. Under the instruction and at the direction of a line officer, a Cadet/Junior
Firefighter during drills may perform certain duties such as holding
waterlines, ladder work, and practice rescue work and pumper operations.
p. A Cadet/Junior Firefighter shall assist in keeping the fire apparatus,
firehouses and grounds clean. They shall also assist in all Fire Department
and Fire Company activities.
q. Cadet/Junior Firefighters shall be subject to provisions of the Borough
ordinance covering Firefighters and to suspension or expulsion as
provided therein.
[Ord. 2/10/66, § 34; Ord. 10/2/97, § 1; Ord. 1/15/98, § 1; Ord.
No. 08-016G, § 1; Ord.
No. 17-010G § 1]
Any person(s), who violates or neglects to comply with any provisions of this section or any rule or regulation promulgated pursuant thereto, shall be subject to the penalty as stated in Chapter
3, §
3-1.
[Ord. 8/22/63, § 1]
A procedure is hereby established for the approval and payment
of vouchers and claims against the Borough by vendors.
[Ord. 8/22/63, § 2]
There shall be appointed annually by the Borough Council an
employee or official whose duty shall be the responsibility of ascertaining
that materials, supplies and services supplied have been properly
received.
[Ord. 8/22/63, § 3]
There shall be filed with the person designated in Subsection
2-12.2 delivery slips or receiving reports signed by the employee or person receiving materials, supplies or equipment for the Borough in those cases where delivery slips or receiving reports can be obtained. In the event no such signed delivery slips or receiving reports can be obtained, it shall be the duty of the person designated in Subsection
2-12.2 to secure the signature of a person or employee who has personal knowledge of the service rendered or materials, supplies or equipment received. Such signature shall be affixed to the voucher in the space provided.
[Ord. 8/22/63, § 4]
Upon receipt of a properly signed voucher or claim from a vendor, the person designated in Subsection
2-12.2 shall verify the items, quantities, unit or lump sum prices and extensions and total amounts appearing thereon by reference and comparison to signed delivery slips, quotations and contracts on file.
[Ord. 8/22/63, § 5; Ord. No. 08-016G, § 1]
All vouchers, after verification as provided hereinbefore, if
approved, shall be signed by a member of the Borough Council having
jurisdiction over the office or department incurring the charge.
[Ord. 8/22/63, § 6]
Prior to the payment of any voucher and after the verification
procedures hereinbefore provided have been performed, the Borough
Council shall approve same and authorize payment at any formal meeting
and such approval and authorization shall be duly recorded in the
minutes of such meeting.
[Ord. 7/28/77; Ord. No. 07-010G, § 1; Ord. No. 08-016G, § 1]
Checks for the payment of wages, salaries and other compensation
to officers and employees of the Borough may be signed by any one
of the following listed officers of the Borough:
Mayor
Council President
Chairman of the Finance Committee
Chief Financial Officer
Tax Collector
Municipal Clerk
Deputy Municipal Clerk
[Ord. 7/12/79, § 1; Ord. 07-010G, § 1]
There is hereby created and established the office of Municipal
Tax Assessor in the Borough of Rumson, County of Monmouth, pursuant
to the provisions of N.J.S.A. 40A:9-146 et seq., who shall be appointed
by the Mayor and Council and who shall hold office for the term provided
in said law.
[Ord. 7/12/79, § 2; Ord. No. 07-010G, § 1]
There is hereby created and established the office of Municipal
Tax Collector in the Borough of Rumson, County of Monmouth, pursuant
to the provisions of N.J.S.A. 40A:9-141 et seq., who shall be appointed
by the Mayor and Council and who shall hold office for the term provided
in said law.
[Ord. 7/12/79, § 3; Ord. No. 07-010G, § 1]
The salaries of the Municipal Tax Assessor and the Municipal
Tax Collector shall be as set forth in the annual salary ordinance
of the Borough.
[Ord. 2/23/89, § 1; Ord. No. 07-010G, § 1]
There is hereby created and established the office of Chief
Financial Officer in the Borough of Rumson, County of Monmouth, pursuant
to the provisions of N.J.S.A. 40A:9-140.1 et seq., who shall be appointed
by the Borough Council upon the recommendation of the Borough Administrator,
and who shall hold office for the term provided by said law. The Chief
Financial Officer may, but need not, be a person who is also employed
by the Borough in another capacity.
[Ord. 2/23/89, § 1; Ord. No. 07-010G, § 1]
The Chief Financial Officer shall carry out the responsibilities
set forth under P. L. 1947, c. 151 (N.J.SA. 52:27BB-26 et seq.).
[Ord. 2/23/89, § 1; Ord. No. 07-010G, § 1]
Compensation for the Chief Financial Officer shall be established
by ordinance.
[Ord. 8/23/84; Ord. 11/11/87; Ord. 12/22/88; Ord. 12/28/89; Ord. 8/9/90; Ord. 1/24/91; Ord. No. 07-010G, § 1]
a. Findings. Certain Federal funds are potentially available to Monmouth
County under Title I of the Housing and Community Development Act
of 1977, commonly known as Community Development Block Grant Program.
It is necessary to amend an existing Interlocal Services Agreement
for the County and its people to benefit from this Program. An agreement
has been proposed under which the Municipality of the Borough of Rumson
and the County of Monmouth in cooperation with other municipalities
will modify an Interlocal Services Act pursuant to N.J.S.A. 40:8A-1.
It is in the best interest of the Municipality of the Borough of Rumson
to enter into such an agreement.
b. It is ordained by the Mayor and Council of the Borough of Rumson,
that the agreement entitled "Agreement Between the County of Monmouth
and Certain Municipalities Located Herein for the Establishment of
a Cooperative Means of Conducting Certain Community Development Activities,"
a copy of which is attached hereto, be executed by the Mayor and Municipal Clerk in accordance
with the provisions of law.
[Ord. 8/22/91; Ord. 2/27/92; Ord. No.
07-010G, § 1]
This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Borough of Rumson.
[Ord. No. 07-010G, § 1]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Borough
of Rumson, as a participating contracting unit, is hereby authorized
to enter into a Cooperative Pricing Agreement with the County of Monmouth,
as the Lead Agency, and other participating contracting units within
the County of Monmouth for the purchase of selected work, materials
and/or supplies.
[Ord. No. 07-010G, § 1]
The Lead Agency shall be responsible for complying with the
Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other
provisions of the Revised Statutes of the State of New Jersey, as
to the bidding, award and execution of master contracts on behalf
of itself and any participating contracting units, as well as for
purchases made by the Lead Agency for its own needs under the master
contract. Each respective participating contracting unit which chooses
to purchase under a master contract shall be responsible to enter
into a separate contract with the vendor, to certify the availability
of funds, to issue purchase orders, to accept delivery and to make
payment for those items purchased by that participating contracting
unit for its own needs.
[Ord. 5-15-97; Ord. No. 07-010G, § 1]
a. A service charge in the amount of $20 shall be imposed on any taxes,
fees or other charges due to the Borough of Rumson where a check or
draft has been submitted to the Borough toward the payment of such
taxes, fees or other charges, and such check or draft is returned
for insufficient funds. The Borough Council authorizes the appropriate
municipal officer to demand that future payments be tendered in cash
or by certified or cashier's check on any account where a check tendered
for payment on such account is returned for insufficient funds. In
addition, the service charge aforesaid may be collected in any manner
authorized by N.J.S.A. 40:5-18.
b. It is hereby determined that the amount of such service charge is
equal to the approximate amount of the Borough's administrative or
other related costs where a check or draft has been returned for insufficient
funds.
[Ord. 5/2/02, § 15-1; Ord. No. 07-010G, § 1]
There is hereby established a Board of Recreation Commissioners
of the Borough of Rumson, in the County of Monmouth and State of New
Jersey.
[Ord. 5/2/02, § 15-2; Ord. No. 07-010G, § 1; Ord. No. 15-013G]
The Board shall consist of seven members and two advisory members
who shall be citizens and residents of the municipality.
[Ord. 5/2/02, § 15-3; Ord. No. 07-010G, § 1; Ord. No. 15-013G]
a. The Commissioners first appointed shall hold office for the following
respective terms:
1. Two commissioners for one year;
2. Two commissioners for two years;
3. One commissioner for three years;
4. One commissioner for four years; and
5. One commissioner for five years.
Thereafter, all appointments of members to the Board shall be
for a term of five years.
b. Vacancies in the term of any Commissioner or advisory member shall
be filled for the unexpired term only.
c. The Commissioners and advisory members shall receive no compensation
for their services.
[Ord. 5/2/02, § 15-4; Ord. No. 07-010G, § 1; Ord. No. 15-013G]
Members. The members of the Board of Recreation Commissioners
shall be appointed by the Mayor in accordance with the provisions
of N.J.S.A. 40:12-1.
Advisory Members. The advisory members of the Board of Recreation
Commissioners shall be appointed by the Mayor. The advisory members
shall be designated as "Advisory No. 1" and "Advisory No. 2" and be
appointed for a term of two years. Advisory members may participate
in discussions of the proceedings, but may not vote.
Officers. The Board of Recreation Commissioners shall elect
a Chairman and Vice Chairman from its regular members at the Reorganization
meeting or the first meeting of the year.
[Ord. 5/2/02 § 15-5; Ord. No. 07-010G § 1; Ord. No. 14-010G § 1]
The Board of Recreation Commissioners shall have such powers
and shall receive such financial aid from the municipality as shall
be authorized by N.J.S.A. 40:12-1 et seq.
a. Program Registration and Late Fees. Program registration and late
fees, where applicable, shall be set by the Recreation Commission.
b. After approval by the Recreation Commission and prior to the start
of registration/collection of fees, the Recreation Director shall
submit a letter to the Chief Financial Officer indicating the Commission
approval date along with a list of all programs and the corresponding
schedule of registration and late fees.
[Ord. No. 15-013G]
a. Board of Recreation Commissioners and Advisory Members. The Commission
shall pass a motion by the majority of membership to have a Commissioner
or advisory member removed for cause and refer it to the Mayor and
Council for review. A Commissioner or advisory member may request
a public hearing prior to review by the Mayor and Council and prior
to the decision and subsequent vote to possibly remove a Commissioner
or advisory member from the Commission.
[Ord. 11/4/04, § 1; Ord. No. 07-010G, § 1]
There is hereby established in and for the Borough of Rumson
an Historic Preservation Commission, which shall be advisory and instructional
in nature.
[Ord. 11/4/04, § 1; Ord. No. 07-010G, § 1; amended 12-17-2019 by Ord. No.
19-007G]
The Historic Preservation Commission shall consist of six regular
members and two alternate members appointed by the Mayor with the
advice and consent of the Borough Council. All members shall be appointed
to three-year terms, but the initial appointments shall commence on
June 3, 2004, and terminate on December 31, 2006. Thereafter, all
appointments shall be for full three-year terms. Beginning in 2020,
terms shall be three-year terms staggered with the terms of two members
per year expiring. As such, 2020 shall have the following appointments:
a. Two one-year appointments.
b. Two two-year appointments.
c. Two three-year appointments.
[Ord. 11/4/04, § 1; Ord. No. 07-010G, § 1]
The Historic Preservation Commission shall adopt rules and regulations
for its own governance and shall elect a chairperson from among its
own regular members.
[Ord. 11/4/04, § 1; Ord. No. 07-010G, § 1]
The Historic Preservation Commission shall have the responsibility
to compile a survey of historic sites, give advice on the preservation
plan element of the master plan and on applications for development,
and carry out educational and instructional programs.
[Ord. No. 11-015G; Ord. No. 16-006G § 1]
In order to ensure that the Borough, its employees and volunteer
organizations are protected, the Borough shall require that a criminal
history record background check be performed on any person to be hired
as an employee, appointed as a volunteer or accepted as a new emergency
services volunteer, beginning January 1st, 2012. The Rumson Police
Department recommends that all newly hired employees, volunteers or
new emergency service volunteers complete a State criminal history
record background check.
[Ord. No. 11-015G]
As used in this subsection, the following words shall have the
following meaning:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
DEPARTMENT
Shall mean the Rumson Borough Police Department.
EMERGENCY SERVICES
Shall mean First Aid/EMS, Fire Department and Office of Emergency
Management.
REVIEW COMMITTEE OR COMMITTEE
Shall mean a five member committee consisting of the corresponding
appointed Council Committee, the Borough Administrator, and the Chief
of Police. The Committee shall be charged with the review of all appeals
by any employee or volunteer whose criminal history background check
reveals a disqualifying criminal conviction.
SPONSORED
Shall mean a Rumson Borough department or organization, including
but not limited to, oversight, control and/or fiscal contribution.
VOLUNTEER
Shall mean any person involved with a Rumson Borough position,
organization or program and shall include all levels of membership.
[Ord. No. 11-105G]
a. The Borough of Rumson requires that all employees and volunteers
in the Borough, as specified above, in sponsored positions or organizations,
request through the Rumson Borough Police Department that the State
Bureau of Identification in the Division of State Police conduct a
criminal history record on such individual.
b. The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for the check from the prospective
person.
c. The Borough of Rumson shall bear the costs associated with conducting
a criminal history background check in accordance with the fees established
by the State Bureau of Identification in the Division of State Police
and in accordance with N.J.S.A. 15A:3A-2(d).
d. The Division of State Police shall inform the Rumson Borough Police Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in Subsection
2-22.4 of this section. Any information received by the Rumson Borough Police Department shall be confidential.
e. Any person who, by virtue of their occupation, is required by the
statute to undergo a Federal and State criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirement hereunder unless 12 months has elapsed
since the most current background check.
[Ord. No. 11-015G]
a. A person may be disqualified from serving as an employee or volunteer
of a Borough-sponsored organization if that person's criminal history
record background check reveals a record of conviction of any of the
following crimes and offenses:
1. In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery.
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of a child;
(c)
Involving theft as set forth in Chapter
20 of Title 2C of the New Jersey Statutes;
(d)
Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 25 of Title 2C of the New Jersey Statutes except Paragraph (4) of Subsection
(a) of N.J.S.A. 2C:35-10.
b. In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
[Ord. No. 11-05G; Ord. No. 16-006G § 1]
a. Prospective or current employees or volunteers shall submit their
names, addresses, fingerprints and written consent to the Department,
or its designee, for the criminal history record background check
to be performed. The Borough, through its background check vendor,
shall coordinate the background check and refer the information to
the State Police and FBI for the initial check.
b. The Rumson Borough Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this section.
[Ord. No. 11-015G]
a. Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by Federal or State
Statute, Rule or Regulation Executive Order, Administrative Code,
local ordinance or resolution regarding obtaining and disseminating
of criminal history record information obtained under this section.
b. The Review Committee shall limit their use of criminal history record
information solely to the authorized person for which it was obtained
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State Regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Ord. No. 11-015G]
a. If a criminal history record may disqualify an employee or volunteer
for any purpose, the Review Committee's determination shall be provided
to the employee or volunteer with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The employee or volunteer shall be afforded a reasonable period
of time to correct and complete this record. A person is not presumed
guilty of any charges or arrests for which there are no final dispositions
indicated on the record. The New Jersey State Police shall make the
initial recommendation, based solely on the New Jersey State Statutes,
to the Police Department who shall provide information to the Review
Committee. They shall advise the Review Committee whether or not the
employee or volunteer is being recommended. The Review Committee will
receive a preprinted form on each individual submitted to the State
Police for a background check. One form will be for recommendation
and the other will be for rejection. If there is a rejection, the
Review Committee may still allow the employee or volunteer to participate.
The New Jersey State Police will make a recommendation based on the
record only. It is within the Review Committee's discretion to overturn
the decision of New Jersey State Police Recommendation.
b. The Review Committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check reveals
a disqualifying conviction. The person shall have 30 days from the
receipt of that notice to petition the Review Committee for a review
and cite reasons substantiating the review.
c. Notwithstanding the provision of Subsection
2-22.4 of this section, no person shall be disqualified from serving as an employee or volunteer on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
1. The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
2. The nature and seriousness of the offense;
3. The circumstances under which the offense occurred;
5. The age of the person when the offense was committed;
6. Whether the offense was an isolated or repeated incident;
7. Any social conditions which may have contributed to the offense;
and
8. Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
d. The Review Committee shall promptly advise the Department, in writing,
if a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this subsection.
e. This subsection shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to Paragraph (2) of Subsection
c. of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to Subsection
a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to Paragraph (4) of Subsection
b. of N.J.S.A. 2C:24-4; luring or enticing pursuant to section 1 of P.L. 1993, c.291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to Paragraph (3) or Paragraph (4) of Subsection
b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
f. When the Review Committee determines that the person has affirmatively
demonstrated rehabilitation under this act, the Review Committee may
file that written notification with the Police Department.
g. The Police Department shall keep the written notification on file
for three years from the date it was issued.
h. A current or prospective employee or volunteer shall not be required
to submit to another criminal history record background check if such
written notification was issued within the past 12 months.
i. No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Police Department pursuant to the provisions of this section.
[Ord. No. 11-015G]
Failure to comply with this section may result in the Borough
withholding funding from the program or organization, prohibiting
the use of Borough facilities, and/or prohibiting the use of Borough
owned equipment.
[Ord. No. 09-010G, § 1;
amended 9-15-2020 by Ord. No. 20-006G]
There is hereby established in and for the Borough of Rumson
an Affordable Housing Committee, which shall be advisory and instructional
in nature to assist the Borough in the development and implementation
of an Affordable Housing Plan.
The Affordable Housing Committee shall consist of the Mayor
or his alternate, two Councilmembers and two Planning Board Members,
all of whom will be appointed by the Mayor. It shall also include
three members of the public, who are not members of other Borough
Committees or Commissions. These three regular public members shall
be appointed by the Mayor with the advice and consent of the Borough
Council. All committee members shall be appointed annually to a one-year
term. Borough professionals shall also be included in all Committee
meetings to help guide discussion and assist in plan development.
These Borough professionals shall include persons holding the positions
of Administrator, Borough Affordable Housing Liaison, Borough Planner,
Borough Engineer, Planning Board Secretary, the Borough'’s Administrative
Housing Agent and others as needed by the Committee to assist the
Committee.
The Affordable Housing Committee shall have the responsibility
to assist in the development of a Borough-wide Affordable Housing
Plan to help facilitate the development of affordable housing in the
Borough of Rumson. The Committee will give advice on affordable housing
development as part of the adopted Housing Plan element of the Master
Plan and on applications for development. The Committee will also
develop and implement educational materials to help promote affordable
housing in the Borough.
[Ord. No. 12-009G]
The purpose of this section is to establish the Rumson-Fair
Haven Municipal Alliance to Prevent Alcohol and Drug Abuse, whose
mission is to provide consultation, programs, training, and resources
to the Rumson and Fair Haven communities, with the goal of preventing
and reducing the use and abuse of alcohol, tobacco, and other drugs.
[Ord. No. 12-009G]
There is Hereby Established in the Borough of Rumson a permanent
committee to be known and designated as the "Rumson-Fair Haven Municipal
Alliance to Prevent Alcohol and Drug Abuse" (hereinafter referred
to as "Alliance"). The Alliance must publish an agenda for each Alliance
meeting, keep minutes of all Alliance meetings, permit public comment
at meetings, abide by the N.J. Open Public Meetings Act and have a
quorum of Alliance Executive Committee members for action to be taken
by the Alliance - A quorum is 50% of the official Executive Committee
Alliance membership, plus one.
[Ord. No. 12-009G]
Voting Membership to the Alliance shall consist of five Executive
Committee members, which shall formally meet on a regular basis. The
Executive Committee shall be comprised of one representative from
each of the following government entities: Rumson Governing Body,
Fair Haven Governing Body, Rumson Board of Education, Fair Haven Board
of Education, Rumson-Fair Haven Regional Board of Education. The Executive
Committee members shall be selected by their respective Governing
Body and shall serve for a period of one year commencing at their
annual reorganization meeting and ending on December 31st of that
calendar year.
General Membership to the Alliance shall be appointed annually
by the Executive Committee and may include, but not be limited to,
the following:
a. Representative of each Borough Police Department.
b. Representative of each Parent-Teacher Organization.
c. Student Assistance Counselor (SAC).
d. Representative of a local civic association.
e. Representative of local religious groups.
f. Representative of the senior citizen community.
g. Representative of a substance abuse treatment organization.
h. Representative of a substance abuse prevention organization.
i. Representative of the Juvenile Conference Committee.
j. Representative of local businesses.
k. Students from the Rumson and Fair Haven communities.
[Ord. No. 12-009G]
The responsibilities and powers of the Alliance shall be as
follows:
a. To create a network of community leaders, private citizens, and representatives
from public and private human services agencies who are dedicated
to a comprehensive and coordinated effort to promote and support drug
and alcohol prevention and education programs and related activities
with an emphasis on all ages along the developmental life processes.
b. To conduct an assessment of their community to determine the needs
of the community in relation to alcoholism and drug abuse issues.
c. To identify existing efforts and services acting to reduce alcohol
and drug abuse.
d. To coordinate projects within the municipality to avoid fragmentation
and duplication.
e. To develop programs to be implemented at the municipal level, or
participate in regionally developed programs, that accomplish the
purpose of the Alliance effort and the purpose of the Municipal Alliance
Committee.
f. To assist the municipality in acquiring funds for Alliance programs.
g. To cooperate with the Governor's Council on Alcoholism and Drug Abuse,
the County Local Advisory Committee on Alcoholism and Drug Abuse and
the Alliance Steering Subcommittee to provide municipal data, reports
or other information which may be required for the County Annual Municipal
Alliance Plan or needed to assist the Alliance effort (per N.J.S.A.
26:2BB-7 et seq.).
[Ord. No. 14-010G § 1]
a. The speed limit for first aid apparatus in the Borough shall be in
accordance with the statutes of the State applicable thereto but in
no case greater than 50 miles per hour going to a first aid call and
30 miles per hour returning therefrom.
b. All volunteers driving to or returning from a first aid call shall
follow all State and Borough regulations and shall follow all posted
speed limits at all times.
c. All applications for the New Jersey State Motor Vehicle Commission
Blue Light Permits shall be signed off by the Chief of Police and
the First Aid Squad Captain prior to the Mayor signing and forwarding
the application to the State for processing.
[Ord. No. 16-001G § 1]
From time to time as deemed by the Mayor and Council of the
Borough of Rumson to be necessary in the best interest of the Borough,
the Mayor may nominate, with the advice and consent of the Council,
may appoint a person to fill the role of Borough Engineer to a three-year
term according to New Jersey State Statute 40A:9-140. Said Engineer
shall hold the proper certifications/licenses including but not limited
to New Jersey Certified Municipal Engineer.
[Ord. No. 16-001G § 1]
The duties of the Borough Engineer of the Borough shall be to
coordinate all engineering projects and tasks of the Borough in connection
therewith and under the direct supervision of the Borough Administrator.
The Borough Engineer may also direct on behalf of the Borough all
engineering consultants and planners at the direction of the Borough
Administrator.
[Ord. No. 16-001G § 1]
At times the Borough Engineer will be responsible to review
various applications and permits on behalf of the Borough. The Borough
Engineer shall keep time records of such acts and submit the same
to the Chief Financial Officer for the prompt billing of services
or charging of deposited escrow funds to the applicant or permit holder
the costs associated with this billing shall be set by ordinance or
adopted annually by resolution of the Governing Body members.