[Ord. No. 557-08]
In accordance with N.J.S.A. 40A:14-1 et seq., and in consideration of its continuous service to the citizens of Cape May Point since 1912, Cape May Point Volunteer Fire Company #1 ("Fire Company") is hereby designated as the official protective fire service agency for the Borough of Cape May Point.
[Ord. No. 557-08]
The Fire Company shall operate in accordance with N.J.S.A. 40A:14-68 as may be amended by the New Jersey Legislature. The appointment or election of the Chief of the Fire Company shall remain the prerogative of the membership of the Cape May Point Volunteer Fire Company #1 in accordance with its bylaws and policies. New members shall be brought into the Company in accordance with the Company's bylaws and procedures. Actual day-to-day operation of the Fire Company shall be the responsibility of the line officers and elected corporate officers. The Fire Chief shall have full operational authority with regard to the provision of fire service.
[Ord. No. 557-08]
In addition to expenditures on apparatus and other items which remain titled to the Borough of Cape May Point, in consideration of the provision of protective fire services to the Borough of Cape May Point, the Borough may make such annual contributions to Cape May Point Volunteer Fire Company #1 as approved by the Board of Commissioners as part of its budgetary process and in accordance with the requirements of N.J.S.A. 40A:14-34.
[Ord. No. 557-08]
In accordance with N.J.S.A. 40A:14-68, the provisions of this ordinance (Article I) shall serve as the contract called for under said statute as between the Borough of Cape May Point and the Cape May Point Volunteer Fire Company #1 for extinguishment of fires, superseding and nullifying the previous resolution giving direction and control of the fire company to the Governing Body on June 19, 1922. The Mayor and Municipal Clerk shall execute a copy of this ordinance (Article I) as shall the president of the Cape May Point Volunteer Fire Company #1, which copy shall be kept on file in the Office of the Municipal Clerk.
[Ord. No. 557-08]
The Cape May Point Volunteer Fire Company shall, at a regular meeting of the Board of Commissioners in October, present a report of membership and financial standing of the Fire Company and such other information as may be directed by the Mayor and Board of Commissioners regarding the operation of the program on the volunteer fire-fighting force as a unit.
[Ord. No. 458-02 Preamble]
WHEREAS, N.J.S.A. 40A:14-156, et seq., authorizes municipalities to enter into mutual aid and assistance agreements for police, fire, first aid or ambulance squad services in cases of emergencies; and
WHEREAS, N.J.S.A. 40A:14-146.14c authorizes municipalities to utilize special law enforcement officers, as well as regular, full-time officers, when a mutual aid agreement has been enacted in accordance with N.J.S.A. 40A:14-156.1; and
WHEREAS, the County of Cape May consists of 16 municipalities, 11 of which have municipal police or fire departments operating for or within the Borough of Avalon, City of Cape May, Township of Lower, Township of Middle, City of North Wildwood, City of Ocean City, City of Sea Isle City, Borough of Stone Harbor, Borough of West Wildwood, City of Wildwood or the Borough of Wildwood Crest, which regularly interact and provide assistance to each other in police, medical or fire related emergencies; and
WHEREAS, the Borough of Cape May Point, having no independent police force, has contracted with the City of Cape May to provide police services for the Borough of Cape May Point; and
WHEREAS, each of the aforementioned municipalities of the County of Cape May wish to formalize and refine existing practice by entering into mutual aid agreements.
[Ord. No. 458-02]
Established pursuant to N.J.S.A. 40A:14-26, N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1 et seq. and N.J.S.A. 40A:14-146.14c, there are hereby established mutual aid agreements among and between the Borough of Cape May Point and each of the aforementioned municipalities in the County of Cape May, New Jersey, which shall become effective upon the adoption by one or more of the aforementioned municipalities (hereinafter referred to as "participating municipalities") of reciprocal ordinances to provide mutual aid in the police, firefighting or emergency medical (hereinafter "EMS") services in case of emergency. This agreement shall apply whenever the Borough of Cape May Point may have an emergency within its boundaries requiring additional police, firefighting or EMS assistance to protect life and property and whenever any of the aforementioned municipalities may experience a similar emergency.
[Ord. No. 458-02]
For purposes of this Agreement:
EMERGENCY
Shall be broadly defined and shall include situations in which the number of available police officers, fire fighters or EMS officials in a participating municipality is insufficient to meet the public need in a particular situation. No formal declaration of emergency is required to implement the provisions of the Mutual Aid Agreement. The Chiefs or Heads of the participating municipalities, police departments, fire departments and first aid or ambulance squads shall jointly prepare written standard operating procedures (hereinafter referred to as "SOP") which shall address procedures for the day-to-day implementation of mutual police, firefighting or EMS aid. A copy of the SOP and all amendments and revisions thereto, shall be filed with each police department, fire department and EMS organization, along with the respective Municipal Clerk of each participating municipality, and with the appropriate dispatching authorities with the County.
[Ord. No. 458-02]
The Chief or Head of the Cape May City Police Department, the Cape May Point Fire Company or EMS organization of a participating municipality or in his absence, the highest ranking official in the chain of command, is hereby authorized to request assistance from the Chief or other Head of the Police Department, Fire Company or EMS organization of any other participating municipality to provide aid in accordance with this Agreement and existing SOP.
[Ord. No. 458-02]
A participating municipality shall provide police, firefighting or EMS assistance, when a valid request in accordance with this Agreement to supply personnel is made, to the extent possible without endangering persons or property within the confines of the providing municipality. Each providing municipality retains the right to withdraw personnel or equipment if emergency conditions so warrant. The decision of the providing municipality's Chief Executive Officer or in his absence, the highest ranking official in the chain of command, with respect to the extent and duration of aid to a requesting municipality which can be afforded without endangering persons or property within the providing municipality, shall be binding.
[Ord. No. 458-02]
Each municipality adopting an ordinance reciprocal to this ordinance shall, prior to adoption, obtain the written consent of its volunteer fire company, if any, and volunteer EMS organization, if any, to be bound by the terms of this ordinance for as long as the volunteer organizations continue to supply services in their parent municipality.
[Ord. No. 458-02]
The members of the providing municipality's Police Department, Fire Department or EMS organization supplying aid shall have the same powers, authority, rights and immunities as the members of the police, firefighting or EMS force of the requesting municipality when aid is being rendered therein; however, the highest ranking, full-time regular office of the requesting municipality present at the scene shall assume command.
[Ord. No. 458-02]
The providing municipality shall assume the cost and expense of providing its personnel and equipment to the requesting municipality, pursuant to this Agreement, if the duration of the aid is eight man-hours or less within any one-month period. If the requesting municipality receives State or federal aid by way of reimbursement, for a particular incident, it shall distribute said funds among the providing municipalities, for that incident, on a pro-rata basis, depending upon the man-hours of each. The costs incurred in excess of eight man-hours, by any providing municipality, shall be submitted to and paid by the requesting municipality as reimbursement.
[Ord. No. 458-02]
Members of the police, firefighting or EMS force of the providing municipality suffering injury, or their legal representatives, if death results, while rendering assistance in the requesting municipality, shall be entitled to all such benefits they would have realized if injury or death had occurred in the performance of normal duties in their own municipality, with such benefits to be provided by the providing municipality.
[Ord. No. 458-02]
So long as this Mutual Aid Agreement is in full force and effect, the participating municipalities shall maintain general liability insurance in the minimum amount of one million dollars ($1,000,000.00) for personal injury and $500,000 for property damage and liability insurance for police enforcement and firefighting activities in the minimum amount of one million dollars ($1,000,000.00) and shall annually provide each of the other participating municipalities with certificates of insurance showing said insurance is in full force and effect. Said insurance shall be applicable to damage or injury resulting from the actions or conduct of the personnel of any providing municipality, as well as of the personnel of any requesting municipality.
[Ord. No. 458-02]
This Ordinance No. 458-02, adopted August 8, 2002, shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality, when such other participating municipality has adopted an ordinance reciprocal to this one and such ordinance has become effective in that municipality.
[Ord. No. 458-02]
This Ordinance No. 458-02 supersedes and rescinds all prior ordinances, resolutions, enactments or agreements governing mutual aid between those municipalities who have adopted ordinances reciprocal to this ordinance.