[1971 Code T.II, Ch 2 § 1]
The incorporated limits of the Borough of Farmingdale shall
constitute the fire district of this Fire Department.
[1971 Code T.II, Ch. 2 § 2]
The Fire Department of this Borough shall consist of the Farmingdale
Fire Department as now constituted or as hereinafter otherwise provided
for; but additional companies for the extinguishing of fires may be
admitted, or the number of companies reduced whenever the Council
shall determine, after a public hearing, that such additions or reductions
are for the welfare of the Borough.
[1971 Code T.II, Ch. 2 § 3]
The officials of the Department shall consist of a President,
a Chief, an Assistant Chief, an Engineer, a Fire Marshal, Fire Police
as designated, and such other officers as the Department may deem
necessary or as may be provided for by the constitution or bylaws
of the Department or of the company or companies composing the Department.
[1971 Code T.II, Ch. 2 § 4]
On the first Tuesday in December in each year the Fire Department shall elect the officials enumerated in §
2-22.3 and such other officers as may be provided for by the constitution or bylaws of the Department, all of whom shall hold office for one year from January 1 of the following year.
[1971 Code T.II, Ch. 2 § 5]
The election shall be held at the Community Center in the evening of the day stated in §
2-22.4 at the time and in such manner as the Department may provide for the election of other officers of the Department. A statement of the result of the election shall be signed by the Secretary and submitted for confirmation to the Council at its next regular meeting.
[1971 Code T.II, Ch. 2 § 6]
In case the Council shall fail to confirm the election of the
officials or officers, or in case a vacancy occurs from any other
cause, the Presiding Officer of the Department shall call a special
meeting of the Department as soon as possible to fill the vacancy.
Any person elected at such special meeting shall assume office the
day following his approval by the Council and hold office for the
unexpired term.
[1971 Code T.II, Ch. 2 § 7]
All persons who are active members of the Department, in good
standing, shall have the right to vote, which right shall be determined
by a list of the members of the respective companies duly verified
by affidavit, to be furnished by the Secretaries of the respective
companies.
[1971 Code T.II, Ch. 2 § 8]
The Chief or, in case of his absence, the officer then in charge
of the Department, shall be in charge of and responsible for the care
and operation of the fire apparatus, equipment and fire alarm system
and it shall be his duty to see that no fire apparatus is used for
any unnecessary trial of speed or power.
[1971 Code T.II, Ch. 2 § 9]
To the Engineer the Chief may delegate the responsibility for
the care and operation of the fire apparatus, equipment and fire alarm
system, and it shall likewise be the duty of the Engineer to instruct
the duly elected Assistant Engineers in the care, operation and driving
of the fire apparatus.
[1971 Code T.II, Ch. 2 § 10]
In case of fire outside the fire district, the fire apparatus
shall not leave the fire district unless by permission of the Chief,
Assistant Chief, Mayor or a member of the Borough Council, and then
only upon the request of the Chief of the Fire Department of the community
or municipality requesting aid.
[1971 Code T.II, Ch. 2 § 11]
It shall be the duty of the Chief or the Engineer under his
direction to examine at least once a month the fire apparatus and
all the appliances in use for extinguishing fire, and report their
condition in writing to the Council at least quarterly; he shall also
make an annual report in writing to the Council at the end of each
year, giving a detailed account of such fires as may have occurred,
the cause of such fires and such other information as he may think
proper; he shall use all means of the Department to extinguish fires
which may occur and shall have the sole and absolute control and command
over the fire apparatus and all members of the Fire Department in
case of actual fire, or whenever called into active service; and he
shall have control over all other fire apparatus and persons aiding
and assisting the Department in case of fire in the Borough; he shall
have general control over the members of the Fire Department and all
fire apparatus belonging to the Borough at all other times, subject
to the approval of the Council.
[1971 Code T.II, Ch. 2 § 12]
The Chief shall attend all fires which occur within the Borough
and is hereby empowered and required to take charge of any building
or buildings which may be on fire or in immediate danger of becoming
on fire, to admit only such persons, whether firemen or otherwise,
to the building or buildings as he may deem necessary; to superintend
and direct the removal and preservation of all endangered property.
[1971 Code T.II, Ch. 2 § 13]
In the case of absence or disability of the Chief, the command
of the Department and all the duties of the Chief shall devolve upon
the Assistant Chief, and in the absence of the Assistant Chief shall
devolve upon the highest ranking officer of the Department who is
present.
[1971 Code T.II, Ch. 2 § 14]
The Chief and/or Fire Marshal shall examine any property which
is or may become a fire hazard, any public building and any partially
burned property which is or may become dangerous to life, and may
order the abatement or removal of same. Any person refusing to comply
with such order of the Chief or Fire Marshal shall be deemed guilty
of a violation of this section.
[1971 Code T.II, Ch. 2 § 15]
The Council may at any time for cause shown in writing remove,
suspend or expel any member or officer of the Fire Department or of
any company by a majority vote of all the members of the Council,
after having given the member or officer an opportunity to be heard
publicly before the Council.
[1971 Code T.II, Ch. 2 § 16]
The several companies of the Fire Department shall have power
to provide for the election of their fire fighting officers and members,
and manage their own affairs, subject to the constitution, bylaws,
rules and regulations of the Department, and the approval of the Council,
if the Council shall see fit to exercise such right of approval in
the interest of the general welfare of the Borough; provided, however,
no officer or official elected by any of the companies or by the Fire
Department shall assume office until confirmation by the Borough Council.
[1971 Code T.II, Ch. 2 § 17; Ord.
No. 143]
No person under the age of 18 years shall become a member of
the Fire Department. No person living outside the boundaries of the
County of Monmouth shall become a member of the Fire Department. Any
member who shall remove beyond the limits of the County of Monmouth
shall cease to be a member of the Department.
[1971 Code T.II, Ch. 2 § 18]
Each member of the Fire Department who attends not less than
60% of the fire calls and drills for a period of seven years shall
be entitled to an exempt fireman's certificate, which certificate
shall be signed by the Mayor and Borough Clerk and the Chief of the
Fire Department and which shall entitle the member to be considered
as an exempt fireman and to wear an exempt fireman's badge.
[1972 Code T.II, Ch. 2 § 19]
Any person who shall cause to be given any false alarm of fire in this Borough or who shall meddle with, injure or destroy any of the property appertaining to or belonging to the Fire Department or fire alarm system shall be punished as provided in §
2-22.22.
[1971 Code T.II, Ch. 2 § 20]
Any person who shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or equipment or who shall in any manner and at any time willfully damage, deface or injure any hose or other apparatus or equipment shall be punished as provided in §
2-22.22 of this section.
[1971 Code T.II, Ch. 2 § 21]
All fire apparatus shall be subject to provisions of the Traffic Act of the State of New Jersey, but when answering an alarm of fire shall have right-of-way over all vehicles on the street or highways except ambulances. No person or persons shall interfere, impede or delay in any manner any fire apparatus in the Borough of Farmingdale, and any person or persons violating this subsection shall, upon complaint of any officer of the Department or Engineer of any fire apparatus, be punished as provided in §
2-22.22 of this section.
[1971 Code T.II, Ch. 2 § 22; New]
Any person or persons who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, §
1-5.
[1971 Code T.II, Ch. 5; New]
There shall be a Municipal Court in the Borough, pursuant to
the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, to be known as the "Municipal Court of the Borough
of Farmingdale, Monmouth County." The Municipal Court shall have a
seal which shall bear the impress of the name of the court.
The court shall be held in the Community Center, 13 Asbury Avenue,
Farmingdale, or such other place as the Borough Council shall designate
and shall exercise all of the functions, powers, duties and jurisdictions
conferred upon municipal courts by the provisions of Chapter 264 of
the 1948 Laws of New Jersey, as amended and supplemented, or by any
other law.
[New]
a. Judge of the Municipal Court. There shall be a Judge of the Municipal
Court of the Borough of Farmingdale appointed by the Borough Council,
who shall serve for a term of three years from the date of appointment
and until a successor shall be appointed and qualified.
The Judge shall have and possess the qualifications, and shall
have, possess and exercise all of the functions, duties, powers and
jurisdictions conferred by Chapter 264 of the 1948 Laws of New Jersey,
as amended and supplemented, or by general law or ordinance. He/she
shall sit at least once a month until the calendar is completed and
at such other times as the business of the court may require, subject
to the rules applicable to municipal courts.
b. Municipal Court Administrator; Duties. Under the supervision of the
Municipal Judge, the Municipal Court Administrator shall have the
duties of or assignment of:
1. Carrying out the rules, regulations, policies, and procedures relating
to the operation of the court;
2. Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to court matters;
3. Attending court, taking minutes of the trials and entering them in
the docket; arranging trial calendars, signing court documents, preparing
and issuing warrants and commitments;
4. Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs;
5. Interviewing persons to determine if there is a basis for action
and, if necessary, issue summonses requiring court appearances and
maintaining and classifying records and files.