Editor's Note: The enabling Statute for ordinances relating to the Police Department is N.J.S.A. 40A:14-118 et seq. See also Chapter 2, Section 2-9, Department of Public Safety. Ordinance No. O-09-28 created the Department of Public Safety and redesignated the Police Department as the Police Division under the Department of Public Safety.
[1972 Code § 5-1; New; Ord. No.
O-09-28 § 2]
A Police Department is hereby established in and for the City of Bayonne, which shall consist of the force outlined in Section 11-2 and shall, under the direction and supervision of the Director of Public Safety:
a.
Preserve the public peace, prevent crime and detect and arrest offenders
against the penal laws and ordinances effective within the City.
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons generally.
c.
Remove all nuisances in the public streets, parks and other public
places; inspect and observe all places of public amusement or assemblage
and all places of business requiring any State or municipal license
or permit and report thereon to the appropriate department.
d.
Operate a training program to maintain and improve the efficiency
of the members of the department.
e.
Have and perform all the functions and duties provided by law and
ordinance concerning traffic control, police garages, police department
buildings as directed for emergency management.
[1972 Code § 5-2.1; Ord. No. O-04-25 § 1]
The Police Department shall be composed of a Police Chief, not
more than three Deputy Chiefs, not more than 17 Captains, not more
than 14 Police Lieutenants, not more than 41 Police Sergeants, not
more than 175 Police Officers, not more than one Chaplain and school
crossing guards as may from time to time be necessary.
[1972 Code § 5-5]
Each applicant shall comply with all of the laws of the State
of New Jersey pertaining thereto. No person shall be given or accept
a permanent appointment as a Police Officer in the City unless such
person has first been given a probationary or temporary appointment
to such office for a period of not longer than one year, and has successfully
completed a Police training course at a school approved and authorized
by the Police Training Commission in the Department of Law and Public
Safety of the State of New Jersey.
No person shall be appointed to the Police Department as a regular
or probationary member unless he/she shall, at the time of making
application, be between the ages of 18 and 35 years, except as provided
by law in the case of veterans. The applicant shall be a citizen of
the United States of America and a resident of the City at the date
of application and the date of appointment. Such qualifications shall
be in addition to any other qualifications prescribed by law.
[1972 Code § 5-6]
Each member of the Police Department before entering upon the
performance of his duties shall take and subscribe an oath or affirmation
to bear true faith and allegiance to the government established in
this State, to support the Constitutions of the United States of America
and the State of New Jersey and to faithfully, impartially and justly
discharge and perform all the duties of his office. Such oath or affirmation
shall be filed with the City Clerk.
[1972 Code § 5-7]
The duties of the officers, Police Officers and employees of
the Police Department shall be as set forth in this section.
[1972 Code § 5-7.1; Ord. No. O-09-28 § 2]
The Police Chief shall be the ranking and commanding officer
of all personnel of the Police Department and it shall be his duty
to enforce all laws and ordinances within the jurisdiction of the
Police Department and to enforce the rules and regulations and orders
of the Director of the Department of Public Safety. He shall be responsible
for the discipline and efficiency of the Police Force, the supervision
of Police operations throughout the City and shall exercise such additional
administrative authority and supervision of the departmental work
as the Director of the Department of Public Safety may from time to
time determine.
[1972 Code § 5-7.2]
The Deputy Chief shall perform such duties as may be assigned
to him by the Director of the Department of Public Safety or the Police
Chief and in the absence or during the disability of the Police Chief,
he shall perform all the duties and exercise the authority and functions
of the Police Chief.
[1972 Code § 5-7.4]
The Police Captains are charged with and responsible for the
enforcement of all laws and ordinances under the supervision of the
Police Chief or Deputy Police Chief, and shall have charge of subordinates
patrolling the City in the discharge of their prescribed duties.
[1972 Code § 5-7.5]
The Superior Officer in charge of the Detective Bureau shall
have supervision over all matters affecting the Detective Bureau of
the Police Department, subject to the orders of the Police Chief and
the Director of the Department of Public Safety.
[1972 Code § 5-7.6]
The Police Lieutenants shall be charged with and be responsible
for the conduct and efficiency of the Sergeants and Patrol Officers
under their supervision and shall perform such other duties as may
be assigned to them by their superior officers.
[1972 Code § 5-7.7]
The Police Sergeants shall patrol the districts assigned to
them, exact proper performance of patrol and other Police duties from
Patrol Officers, assist and instruct Patrol Officers in their duties
and perform such other duties as may be assigned to them by their
superior officers.
[1972 Code § 5-7.8]
The Patrol Officer shall patrol and inspect the entire post
to which they may be assigned, provide assistance and protection for
persons, safeguard property, assure observance of the law, apprehend
lawbreakers and such other related duties as may be assigned to them
by their superior officers.
[1972 Code § 5-7.9]
a.
Supervisor of Criminal Identification. The Supervisor of the Bureau
of Criminal Identification shall have charge of the gallery and index
containing the photographs and records of criminals and it shall be
his duty to keep such records subject only to inspection or examination
by properly authorized persons. He shall supervise fingerprinting
and photographing of all persons whenever required by law and maintain
records thereof. He shall maintain and supervise darkroom work; he
shall maintain and supervise a homicide file in such cases as suicide,
murder, sudden death and accidental death. He shall supervise personnel
in his department and prepare necessary monthly and yearly reports
for any state or federal agency.
b.
Assistant Supervisor of Criminal Identification. The Assistant Supervisor
of Criminal Identification shall assist the Supervisor and under his
supervision maintain the services performed in the Office of the Supervisor
and perform such duties as the Supervisor shall assign.
[1972 Code § 5-7.10]
The Detectives of the Police Department shall perform such duties
in the detection and arrest of criminals, the location of missing
persons, and the recovery of lost and stolen property as the superior
officer in charge of the Detective Bureau shall from time to time
assign to them.
[Ord. No. O-18-20 § 1]
There shall be the following class of special police officers
pursuant to law and said special class shall be subject to the eligibility
criteria and limitations set forth below and as set forth in the Special
Law Enforcement Officers Act, N.J.S.A. 40A:14-146.10 et seq.:
a.
Class 3. SLEO Class III (SLEO III) are 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
school 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 school students and/or its teachers.
b.
No special law enforcement officers shall be appointed to any term
exceeding one year.
c.
No special law enforcement officer, by virtue of his/her appointment
as such, shall be or become a regular member of the police department.
d.
Special law enforcement officers are employed in a part-time capacity
and can be terminated for cause after adequate hearing, unless the
appointment is for four months or less, in which event the appointment
may be revoked without cause or hearing (N.J.S.A. 40A: 14-146.14).
e.
Every special law enforcement officer, while on duty, shall abide
by all the rules and regulations of the police department and those
policies, general orders or standard operating procedures established
by the Chief of Police or the Director of Public Safety.
[1972 Code § 5-7.22; Ord. No. O-09-28 § 2; Ord. No. O-18-20]
Every Officer, holder of position or employee in the Police
Department may be required to perform such duties in addition to those
above prescribed as may be assigned to them by the Police Chief or
by the Director of the Department of Public Safety.
[1972 Code § 5-8]
All offices, positions and employments in the Police Department
shall be filled in accordance with New Jersey Department of Personnel
laws, rules and regulations.
[1972 Code § 5-9]
a.
The Police Department shall:
1.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the City, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
2.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the City for such purposes.
3.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the City, inspect and observe all
places of public amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate Department.
4.
Provide proper Police attendance and protection at fires.
5.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
6.
Operate a training program to maintain and improve the Police efficiency
of the members of the Department.
[1972 Code § 5-10; Ord. No. O-09-28 § 2]
The Director of the Department of Public Safety shall promulgate
and, from time to time, revise and enforce rules and regulations for
the government of the Police force and for the discipline of its members.
[1972 Code § 5-12.1]
a.
Annual Salaries. The following positions in the Police Department
are hereby established and shall have as their annual salaries the
amount specified in the current collective negotiations agreements
for each such position, the agreements being on file in the Office
of the City Clerk:
Police Officer.
Police Sergeant.
Police Lieutenant.
Police Captain.
b.
The positions of Deputy Police Chief and Police Chief in the Department
shall have as their annual salaries such amounts as may be set by
the Mayor, provided that such amounts shall be in accordance with
any applicable law governing same.
[1972 Code § 5-13.1]
There is hereby established within the Police Department of
the City of Bayonne the civilian position and rank of Auxiliary Police,
which department will be controlled by the applicable New Jersey Statute
relating to Auxiliary Police in various municipalities in the State
of New Jersey.
[1972 Code § 5-13.2]
The criteria of appointment to the Auxiliary Police shall be
as follows: Each applicant:
a.
Shall be a resident of the City of Bayonne.
b.
Shall be at least 21 years old.
c.
Shall agree to an extensive background investigation.
d.
After the investigation is completed, the applicant for Auxiliary
Police Officer shall meet with a Board selected by the Chief in charge
of the Auxiliaries, at which time the applicant shall be given an
oral test.
[1972 Code 5-13.3]
Auxiliary Police will include any Police Reserves and/or Special
Police heretofore and hereafter appointed by the appropriate City
Officials in the City of Bayonne. The Auxiliary Police will be empowered
with the powers and duties set forth in Title 58 of the New Jersey
Statutes and the rules and regulations promulgated by the Governor
of the State of New Jersey through the State Office of Emergency Management,
and will be utilized as prescribed by Appendix A, Chapter 9 (National
Defense Title) of the Annotated Statutes of New Jersey and other related
orders and directives of the State Director of Emergency Management
or the Governor of New Jersey and State Civil Defense Act (Chapter
251, P.L. 1942, as amended).
[1972 Code § 5-13.4]
The City will provide the uniforms and other equipment to all
members of the Auxiliary Police. No offensive weapons of any kind
shall be issued or carried by members of this organization.
[Added 8-17-2022 by Ord.
No. O-22-26]
a.
Extra-Duty shall mean any employment when a Police Officer is not
scheduled for a shift of duty by the City of Bayonne Police Department
and that is conditioned on the actual or potential use of law enforcement
powers by the police officer employee. Extra-duty employment is also
referred to as traffic details or off-duty work that are paid through
the City.
[Added 8-17-2022 by Ord.
No. O-22-26]
a.
The party requesting the service of the member of the Bayonne Police
Department provided for in this article shall be charged and pay for
such services in accordance with the terms and conditions specified
in the current collective negotiation agreements for each position,
said agreements being on file in the Office of the City Clerk.
b.
Payment to City personnel for extra-duty services.
1.
Any police officer assigned to perform extra-duty services shall
perform such services as an employee of the City of Bayonne and shall
be subject to the established rules and regulations of the Police
Department including, but not limited to, the Bayonne Police Department
Standard Operating Procedures.
2.
Wages earned for outside "extra-duty" employment by any City of Bayonne
Police Officer shall not be applied toward pension benefits of the
police officer so employed, nor shall hours worked for outside employment
be considered in any way compensable as overtime payable by the City
of Bayonne.
c.
Third party administrative fees. Where, as authorized by resolution
of the Mayor and Council of the City of Bayonne, a third party has
been contracted by the governing body for administration and fee collection
associated with extra-duty law enforcement services, a fee may be
charged in addition to those set forth by resolution authorizing such
third-party contract.
d.
Insurance. Each private person or entity employing an extra-duty
police officer pursuant to this chapter shall be responsible to maintain
their own insurance coverage in limits acceptable to the City of Bayonne.
Each private person or entity shall be required to name the City of
Bayonne as an additional insured. Upon request, proof of said insurance
coverage shall be provided to the Police Chief or his or her designee.
e.
Indemnification. Each private person or entity requesting the services
of extra-duty police officers shall indemnify the City of Bayonne
for any and all damages which may arise from the extra-duty police
officer's employment by said private person or entity.
f.
Emergencies. The Police Chief or his or her designee shall have the
authority to order any police officer engaged in extra-duty assignments
within the City of Bayonne to respond to an emergency situation within
the City. The Police Chief or his or her designee, shall also have
the right to order any extra-duty assignment to be terminated whenever
said assignment creates an unacceptable risk to the health, safety
and welfare of the extra-duty police officer and/or the citizens of
the City of Bayonne. In the event a police officer is assigned to
an emergency situation, said private person or entity shall make note
of said emergency as well as the time said police officer was removed
from said extra-duty assignment. In any situation where an extra-duty
police officer is called to an emergency situation, said private person
or entity shall not be responsible for the payment of the officer's
hourly rate, administrative fee, or any other fees to the City until
such time as said police officer and/or equipment returns to the extra-duty
assignment.
