[1973 Code § 36-1; Ord. No. 7-14-76; Ord. No. 10-12-77; Ord. No. 8-8-79; Ord. No. 12-10-80; Ord. No. 10-28-81; Ord. No. 4-12-89; Ord. No. 12-9-92; Ord. No. 1-10-92; Ord. No. 9-26-95; Ord. No. 1996-(0)-5; Ord. No. 1998-(O)-1; Ord. No. 2001-0-10; Ord. No. 2004-(O)-15 § 1; Ord. No. 2005-(O)-07 § 1; Ord. No. 2007-(O)-74 § 1; Ord. No. 2016-5; Ord. No. 2018-28]
The Kearny Police Department shall consist of the following officers: one Chief of Police; no more than one Deputy Chief; no more than five Captains; no more than seven Lieutenants; no more than 17 Sergeants and no more than 70 Patrolmen. The composition shall be implemented through attrition.
[1973 Code § 36-2; Ord. No. 8-8-79]
All superior officers shall be assigned to duties as directed by the Chief of Police.
[Ord. No. 2004-(O)-15 § 2]
Within the Kearny Police Department there shall be in the aggregate a maximum of 23 detective designations permitted.
[1973 Code § 36-3; Ord. No. 2016-5]
The work period for uniformed members of the Police Department shall be 14 days, during which officers shall have 84 regularly scheduled hours of work.
[1973 Code § 36-10]
No person shall hereafter be given or accept a permanent appointment as Police Officer in the Town unless such person 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, pursuant to the provisions of N.J.S.A.
[1973 Code § 36-11]
This section shall not prohibit the giving or accepting of a probationary or temporary appointment as a Police Officer for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.
[1973 Code § 36-12]
No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a Police Officer in the Town of Kearny, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.
[1]
Editor's Note: See also Section 2-87 pertaining to fees covered by the Open Public Records Act.
[1973 Code § 36-15; Ord. No. 4-13-93; Ord. No. 1998-(O)-14 § II; Ord. No. 2004-(O)-27 § 1; Ord. No. 2012-22]
The following fees are hereby established for certain services provided by the Police Department.
a. 
Copy of a noncriminal report: $5 for up to three pages, $1 for each subsequent page.
b. 
Copy of accident report: $5 for the first page, $1 for each subsequent page.
c. 
Copy of any police document not otherwise set forth in this subsection: one per page.
d. 
Fingerprints for permits where fingerprints are required: $10.
e. 
Alcoholic Beverages Control License: $25.
f. 
For letters of good conduct: $20.
g. 
Permits to purchase a handgun: $25.
h. 
Copies of discovery for Municipal Court: $1 per page.
i. 
Reprint of a photograph: $10.
j. 
To view a videotape: $25.
k. 
For a copy of a videotape: $50.
[1973 Code § 36-16]
All requests for the services provided herein shall be made to the Records Bureau at Police Headquarters, Town Hall, Kearny, New Jersey, between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, excepting legal holidays.
[1973 Code § 36-17]
No fee will be charged if a report is not on file or if formally requested by any local, County, State or Federal law-enforcement agency. The same exception will be made in the case of request to view photographs of accidents.
[1973 Code § 36-18]
A receipt shall be issued for all fees received by the Police Department for the services provided herein and all moneys collected shall be transmitted daily to the Town Treasurer, except on Saturdays, Sundays or legal holidays, when moneys shall be transmitted on the next succeeding business day.
[1973 Code § 36-19]
Nothing herein contained shall be construed to compel the Kearny Police Department to issue a copy of any record, report, photograph, writing or document, or to permit the viewing of any of the aforementioned, unless authorized by the Chief of Police of the Town of Kearny, or unless they are public records that are required by law to be open to public inspection and copying.
[Ord. No. 2010-19; Ord. No. 2016-40]
The off-duty employment authorized is limited to that employment which shall be performed within the Town. This Section 3-6 also does not apply to off-duty employment which does not involve police related services, e.g. house painter, carpentry, electrician, and the like.
[Ord. No. 2010-19]
For the convenience of those persons and entities who utilize the services of off-duty Law Enforcement Officers of the Kearny Police Department and to authorize the outside employment of Kearny Police while off-duty, the Town of Kearny hereby establishes a police regarding the use of said Officers in compliance with the Attorney General Formal Opinion 1997-No. 23.
a. 
Members of the Kearny Police Department shall be permitted to accept police related employment within the boundaries of the Town of Kearny for private employers, nonprofit organizations, or School Board, only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Town.
b. 
Any person or entity wishing to employ off-duty Police, within the boundaries of the Town of Kearny shall first obtain the approval of the Chief of Police or his designee which approval shall be granted if in the opinion of the Chief or his designee, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger or threaten the safety of the Officer or Officers who are to perform the work.
[Ord. No. 2010-19]
a. 
To assure the timely payment of wages to Police Officers who perform off-duty services and to meet the requirements of the Fair Labor Standards Act, the Town hereby establishes a trust fund to be known as the "Off-Duty Employment Escrow Account" which trust fund shall be dedicated for the receipt of fees collected from private persons or entities for the payment of wages to Police Officers for off-duty or outside employment services.
b. 
Any person or entity requesting the services of an off-duty Law Enforcement Officer in the Police Department shall estimate the number of hours such law enforcement services will be required, which estimate shall be approved in writing by the Chief of Police or his designee, and shall establish an escrow account with Town Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in subsection 3-6.5 for the total estimated hours of service.
c. 
In any instance where the number of hours required is unknown and cannot be reasonably estimated, or are anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty Law Enforcement Officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees set forth in subsection 3-6.5 for the equivalent of 10 days, prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
d. 
Prior to posting any request for service of off-duty Law Enforcement Officers, the Chief of Police or his designee, shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police or his designee shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Town Treasurer. All payments must be remitted directly to the Town of Kearny. No officer shall provide any such services for more hours than are specified in the request for services.
e. 
In the event the funds in such an escrow account should become depleted, services of the off-duty Law Enforcement Officer shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above. In the event of an unforeseen emergent situation that would require an officer to remain beyond the time for which funds have been deposited, the Police Chief or his or her designee may waive the requirement for depositing additional funds after the first 10 hours for any person or entity exhibiting a previous satisfactory payment history. However, payment for the additional hours shall be made by the person or entity requiring the extended service within 48 hours.
f. 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
[Ord. No. 2010-19]
a. 
All requests to the Town for the services of off-duty Law Enforcement Officer in the Police Department for a period of one week or longer shall be forwarded to the Chief of Police or his designee for posting at least 10 days before such services are required. Any Law Enforcement Officer, when so employed by the Town, shall be compensated at the rates established herein and treated as an employee of the Town provided, however, the wages earned for outside employment shall not be applied toward the pension benefits of Law Enforcement Officers so employed.
b. 
All requests to the Town for the services of off-duty Law Enforcement Officers in the Police Department for a period of less than one week shall be forwarded to the Chief of Police or his designee for posting as soon as practicable, but in no event less than 72 hours before such services are required, except in emergent situations. Any Law Enforcement Officer, when so employed by the Town, shall be compensated at the rates established herein and treated as an employee of the Town provided, however, the wages earned for outside employment shall not be applied toward the pension benefits of Law Enforcement Officers so employed.
c. 
In emergent situations, requests to the Town for the services of off-duty Law Enforcement Officer in the Police Department shall be made as necessary to the Chief of Police or his designee who shall make every effort to accommodate such request in a reasonable manner in his discretion. However, no Law Enforcement Officer shall be ordered to accept off-duty assignments. Any Law Enforcement Officer when so employed by the Town, shall be compensated at the rate as established herein and treated as an employee of the Town, provided, however, that the wages earned for outside employment shall not be applied toward the pension benefits of the Law Enforcement Officers so employed.
[Ord. No. 2010-19; Ord. No. 2012-58; Ord. No. 2014-43; Ord. No. 2016-40]
a. 
Rates of compensation for contracting the services of off-duty Law Enforcement Officer are established as follows:
1. 
Town Funded Projects: Rate of compensation per hour:
Mondays to Friday
First 8 hours
$55 per hour (4 hr. min.)
Per hour after first 8 hours
$60 per hour
Saturdays/Sundays/Holidays[1]
$65 per hour (4 hr. min.)
[1]
For purposes of this section, holidays shall be: New Years Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Lincoln's Birthday, Good Friday, Easter, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans's; Day, Thanksgiving Day, Christmas Day.
2. 
Privately Funded Traffic, Construction Jobs:
First 8 hours
paid at the top senior patrol officer o/t rate
Per hour after first 8 hours
paid at the top senior patrol officer o/t rate plus additional $5/hour
3. 
Kearny Board of Education rate:
$55/hour with a 3 hour minimum for home events
$55/hour for away events with a 5 hour minimum
3A. 
Kearny Non-Profit Organization Rate:
$25/hour with a 3 hour minimum for home events
$25/hour for away events with a 5 hour minimum
4. 
Fee for police vehicle and fuel per eight hour shift or part thereof: $100 per shift.
5. 
Additional fee of $10 per hour is hereby established to cover administrative costs, overhead, and out-of-pocket expenses of the Town.
[Ord. No. 2016-40; Ord. No. 2017-16]
$45 per hour (four hour minimum), $5 per hour of which is an administrative fee retained by the Town.
[Ord. No. 2010-19]
In the event that the person or entity requesting the services of off-duty Law Enforcement Officer fails to contact the Kearny Police Department at least two hours prior to the scheduled start time to cancel the job, or the Officer works less than four hours and the job is completed, the Officer is entitled to be paid for a minimum of four hours at the prevailing rate.
[Ord. No. 2010-19]
The Chief of Police or his designee shall have the authority to order any Police Officer engaged in off-duty assignments within the Town to respond to an emergency situation within the Town. The Chief of Police or his designee shall also have the right to order any off-duty assignment to be terminated when every said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Town. In the event that a Police Officer is assigned to an emergency situation, said person or entity where an off-duty Police Officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the Officer's hourly rate, administrative fee or any other fees to the Town until such time as said Police Officer and/or equipment returns to the assignment with the off-duty person or entity who had requested such services.
[Added 2-7-2023 by Ord. No. 2023-3]
There is hereby created a category of employee within the Kearny Police Department to be known as "Class Three special law enforcement officer." A Class Three special law enforcement officer can be employed only to assist the Kearny Police Department with school security duties and shall not supplant full-time law enforcement officers employed pursuant to the provisions of N.J.S.A. 18A:17-43. These Class Three special law enforcement officers shall not be members of the regular police force of the Town of Kearny, and their powers and duties shall cease at the expiration of the term for which they were appointed in accordance with N.J.S.A. 40A: 14-146 et seq. Based on this appointment, Class Three special law enforcement officers shall not be eligible for health care benefits or enrolled in any state- administered retirement system.
[Added 2-7-2023 by Ord. No. 2023-3]
There shall be not more than six Class Three special law enforcement officers as appointed by the Mayor and Council in accordance with this section.
[Added 2-7-2023 by Ord. No. 2023-3]
Officers of this class 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 school during hours when the public school is normally in session or when it is occupied by students or its teachers. While on duty in the Town of Kearny, a Class Three special law enforcement officer may respond to offenses or emergencies off of school grounds if they occur in the officer's presence while traveling to a school facility, but a Class Three special law enforcement officer shall not otherwise be dispatched or dedicated to any assignment off of school property.
The use of a firearm by a Class Three special law enforcement officer shall be authorized pursuant to the provisions of N.J.S.A. 40A:14-146.14. A Class Three special law enforcement officer shall not be authorized to carry a handgun while off duty unless the officer complies with the requirements set forth in Subsection 1 of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
A Class Three special law enforcement officer has no restriction on the number of hours that they can work, in accordance with N.J.S.A. 40A:14-146.16. A Class Three special law enforcement officer shall not be assigned to an extracurricular or after-school function at a school facility, unless the assignment has first been made available to full-time members employed by the Kearny Police Department.
[Added 3-28-2023 by Ord. No. 2023-13]
No person may be appointed as a Class Three special law enforcement officer unless the person:
a. 
Is a retired law enforcement officer who has previously served as a duly qualified, fully trained, full-time officer in any law enforcement position eligible for participation in the Police and Firemen's Retirement System or in any federal or bistate law enforcement agency or as a member of the State Police, within three years of appointment and must be living in New Jersey at the time of and for the duration of appointment; and
b. 
Is retired from that agency in good standing, as evidenced by a letter of good standing issued by the chief executive officer of the agency from which the officer retired, listing the date and type of retirement. For the purposes of this subsection, "good standing" shall exclude a retirement resulting from injury or incapacity; and
c. 
Possesses a New Jersey Police Training Commission Basic Police Officer Certification, New Jersey State Police Academy Certification, or other proof of basic police training approved by the Police Training Commission; and
d. 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent; and
e. 
Is sound in body and of good health; must pass medical and psychological examinations and drug screening tests as a condition of employment and continued employment; and
f. 
Is less than 65 years of age at the time of appointment; and
g. 
Is of good moral character; has not been convicted of any offense involving dishonesty or which would make such officer unfit to perform the duties of this office, which will be verified by an updated criminal background investigation; and
h. 
Meets any other requirements contained in N.J.S.A. 40A:14-146.10 and subsequent amendments.
[Added 3-28-2023 by Ord. No. 2023-13]
Class Three special law enforcement officers shall be appointed annually for one school year term of the Kearny School District. The Mayor and Council are not required to reappoint upon expiration of the term.
[Added 3-28-2023 by Ord. No. 2023-13]
No person may commence duty as a Class Three special law enforcement officer unless they receive a waiver of training from the New Jersey Police Training Commission. The person shall possess a New Jersey Police Training Commission Basic Police Officer Certification, New Jersey State Police Academy Certification, or other proof of basic police training approved by the Police Training Commission and must complete the training course for safe schools resource officers within 12 months of their appointment.
[Added 3-28-2023 by Ord. No. 2023-13]
All Class Three special law enforcement officers shall be issued, prior to commencement of duty, an appropriate uniform, together with such special equipment as may be specified for their position pursuant to the policies of the Kearny Police Department. Class Three special law enforcement officers shall have the obligation of maintaining said uniform and equipment.
[1973 Code § 36-8]
The position of Inspector in the Police Department is hereby created.
[1973 Code § 36-9]
The following is a list of the duties, minimum qualifications and probable line of promotion of the position of Inspector in the Police Department:
a. 
Duties.
1. 
To be responsible for the enforcement of all laws and ordinances within the jurisdiction of the Police Department.
2. 
To enforce rules and regulations and the discipline and efficiency of the Police Force.
3. 
To supervise police work and conditions throughout the municipality.
4. 
To exercise such other administrative authority and supervision of departmental work as the Chief of Police may assign from time to time.
b. 
Minimum Qualifications.
1. 
Education equivalent to that represented by graduation from high school.
2. 
At least one year of experience as Captain of Police, or such other combinations of education and experience as are considered equivalent by the Civil Service Commission.
3. 
Thorough knowledge of State and local laws and ordinances, administrative ability, coolness and resourcefulness in emergencies, good moral character and good physical condition.
c. 
Probable Line of Promotion: From Captain.
[1973 Code § 36-13]
The temporary position of Police Matron in the Police Department of the Town of Kearny is hereby created.
[1973 Code § 36-14; Ord. No. 1-14-81; Ord. No. 11-24-87; Ord. No. 2006-(O)-60 § 5]
The following is a list of the duties, typical tasks and minimum qualifications of the position:
a. 
Duties. Under the supervision of the Chief of Police, to perform such duties with regard to female prisoners as she may be called upon to perform.
b. 
Typical Tasks. To search female prisoners when called upon by the Police Department, to assist in the transportation of female prisoners to and from the County Jail or juveniles to any other locations where it may be necessary to transport female prisoners or to pick them up.
c. 
(Reserved)
d. 
Salary. Salary shall be as set forth in the annual Salary Ordinance.
[1973 Code § 36-14.1]
The position of Parking Violation Enforcement Officer is hereby created in the Police Department of the Town of Kearny.
[1973 Code § 36-14.2]
Under the supervision of the Chief of Police, the Officer shall enforce all State and local laws or ordinances relating to the parking of motor vehicles within the Town of Kearny.
[1]
Editor's Note: Former subsection 3-12.3, Qualifications, previously codified herein and containing portions of 1973 Code § 36-14.3, was repealed in its entirety by Ordinance No. 2006-(O)-60.
[1973 Code § 36-14.4]
Salary shall be as set forth in the annual Salary Ordinance of the Town of Kearny.
[1973 Code § 36-24; Ord. No. 10-14-92; Ord. No. 6-9-94]
Pursuant to N.J.S.A. 40A:14-118, there is hereby adopted a revision and codification of an Ordinance entitled "An Ordinance To Provide For, Establish, Regulate And Control A Day and Night Police, and to Regulate And Define The Manner of Their Appointment And Removal," which revision shall be part of the general revision and codification of all of the Ordinances of the Town of Kearny, and which general revision is known as the "Revised General Ordinances of the Town of Kearny," of which not less than one copy has been made and is now filed in the office of the Town Clerk and the same is hereby adopted and incorporated as fully as if set out herein from the date this ordinance shall take effect, the provisions shall be controlling.
The copy of the revision and codification of the Ordinances of the Town of Kearny above referred to as being filed in the office of the Town Clerk shall remain in this office for the use and examination of the public until final action is taken upon this ordinance and thereafter while it shall be in effect.
a. 
This ordinance entitled "An Ordinance to Provide For, Establish, Regulate And Control A Day And Night Police, and To Regulate And Define the Manner of Their Appointment And Removal," shall be amended to incorporate and implement the revised and amended rules and regulations of the Kearny Police Department as of the effective date of the adoption of this subsection.
[1]
Editor's Note: Former Section 3-19, Special Police Badge, previously codified herein and containing portions of 1973 Code §§ 36-21 and 36-22, was repealed in its entirety by Ordinance No. 2006-(O)-60.
[1973 Code § 36-20]
Any officer, member or employee of the Police Department of the Town of Kearny who shall be injured while in the performance of his duty shall be paid full salary during the term of his injuries and for all medical attendance required by the injured officer member or employee because of these injuries.
[1]
Editor's Note: Former Section 3-21, Pensions, previously codified herein and containing portions of 1973 Code §§ 37.1 — 37.5 was repealed in its entirety by Ordinance No. 2006-(O)-60.
[1973 Code § 22-1]
As used in this section:
ALARM OF FIRE
Shall mean the period from the receipt of the alarm by any means to the return of men and apparatus to quarters.
BOOK OF RULES AND/OR RULES AND REGULATIONS
Shall mean this chapter and such additional administrative regulations as may be adopted or promulgated by the Town Council.
CHAIRMAN (WHEN USED ALONE)
Shall mean the Chairman of the Fire Committee of the Town Council of the Town of Kearny.
CHIEF
Shall mean the Fire Chief of the Fire Department of the Town of Kearny.
COUNCIL OR TOWN COUNCIL
Shall mean the Town Council of the Town of Kearny.
DEPARTMENT (WHEN USED ALONE)
Shall mean the Fire Department of the Town of Kearny.
FIRE STATION OR STATION
Shall mean the several firehouses or quarters in which the apparatus and men are housed.
MEMBERS OR MEMBERS OF THE FIRE DEPARTMENT
Shall mean all regular members of the Fire Department of the Town of Kearny, irrespective of their rank or duty.
[1973 Code § 22-2; Ord. No. 4-14-43, 10-1-80, 8-12-81; 1-10-95; Ord. No. 2005-(O)-13; Ord. No. 2007-(O)-74 § 2; Ord. No. 2016-32]
The Kearny Fire Department shall consist of: one Fire Chief; no more than five Deputy Fire Chiefs; no more than 26 Captains; no more than one Chief Inspector/Fire Official; no more than one Fire Prevention Specialist; and no more than 68 firefighters. The Composition shall be implemented through attrition to total 102.
[1973 Code § 22-3; Ord. No. 8-12-81]
The entire force shall be commanded by the Fire Chief of the Fire Department.
[1973 Code § 22-4; Ord. No. 8-12-81]
The force at each fire station shall consist of a Captain or a Lieutenant and as many Firefighters as may be deemed necessary by the Fire Chief. It shall be divided into two platoons, each under the command of an officer.
[1973 Code § 22-5]
In the absence of the officers in charge of any of the above commands, officers in the next lower rank, or, in the absence of officers, Firefighters shall be designated to perform their duties.
[1972 Code § 22-6; Ord. No. 8-12-81]
The Fire Chief of the Fire Department shall devote his entire time to the discharge of the duties of his office; the Fire Chief shall be responsible to the Mayor and Town Council for the conduct, efficiency and management of the Department and shall report directly to the Administrator.
[1973 Code § 22-7; Ord. No. 8-12-81]
The Fire Chief shall have charge of the personnel of the Fire Department, the extinguishment of fires, the necessary protection of property in connection therewith; the making of inspections for fire; prevention and safety of life and property; the keeping of accurate records of all business transacted by the Department and of all fires occurring in the Town, together with all pertinent data in connection therewith.
[1973 Code § 22-8; Ord. No. 8-12-81]
The Fire Chief shall have full control of all apparatus and equipment and tools, their assignment and use.
[1973 Code § 22-9; Ord. No. 8-12-81]
The Fire Chief shall recommend to the Mayor and Council, through the Chairman of the Fire Committee and Town Administrator, the purchase of new equipment which will increase the efficiency of the Department.
[1973 Code § 22-10; Ord. No. 8-12-81]
The Fire Chief shall keep an exact record of all property belonging to the Fire Department, showing the date acquired and cost of each item, and he shall check this record by physical inventory of the property at least once each year.
[1973 Code § 22-11; Ord. No. 8-12-81]
The Fire Chief shall see that the Department is kept at the highest point of morale and efficiency; that the fire stations and other quarters are being properly conducted and are kept clean and in good repair and order; that all apparatus, equipment and supplies are properly cared for and maintained in proper working condition; that all drills, exercises and inspection duties are regularly and properly performed; that all records and reports are duly maintained and that all uniforms and equipment of the men are complete, neat, serviceable and of approved design.
[1973 Code § 22-12; Ord. No. 8-12-81]
The Fire Chief shall inspect all uniforms or parts thereof before they are worn, rejecting all not complying with the regulations.
[1973 Code § 22-13; Ord. No. 8-12-81]
The Fire Chief shall see that each piece of apparatus and equipment in the Department is given a full operating test at least twice each year.
[1973 Code § 22-14; Ord. No. 8-12-81]
The Fire Chief shall see that there is at all times in the Department sufficient extra hose in good, usable condition.
[1973 Code § 22-15; Ord. No. 8-12-81]
The Fire Chief shall see that all hose purchased for use by the Fire Department is given a 300 pound test before it is accepted, and that it is tested to 200 pounds at least twice each year during use to determine its serviceability.
[1973 Code § 22-16; Ord. No. 8-12-81]
The Fire Chief shall assign to every member of the Fire Department a permanent designation by member, which shall be recorded at headquarters. He shall keep a record of all appointments, resignations, dismissals and deaths of all firemen as they take place.
[1973 Code § 22-17; Ord. No. 8-12-81]
The Fire Chief shall see that all members of the Department undergo regular drills and instructions; that a system of such drills and a school of instruction is established, and a proper record kept thereof.
[1973 Code § 22-18; Ord. No. 8-12-81]
The Fire Chief shall have power in case of fire to demolish buildings or parts of buildings which in his judgment are necessary to be destroyed in order to prevent further damage of life and property.
[1973 Code § 22-19; Ord. No. 8-12-81]
The Fire Chief shall have authority to send men and apparatus to neighboring municipalities for the purpose of extinguishing fires or protecting property left unprotected by an emergency when, in his judgment, such action is necessary. He shall also have power to call upon neighboring municipalities to assist in the extinguishing of fires and to cover up unprotected territory whenever, in his judgment, it shall be necessary.
[1973 Code § 22-20; Ord. No. 8-12-81]
The Fire Chief shall make monthly reports to the Mayor, Council and Town Administrator of all fires which have occurred during the month and of all fire alarms received.
[1973 Code § 22-21; Ord. No. 8-12-81]
The Fire Chief shall promptly report to the Town Administrator the name of any member of the Department who, by reason of age, disease, accident or other disability, does not or cannot fully, promptly and properly perform full duty in the Department, together with a detailed statement setting forth the facts in the case.
[1973 Code § 22-22; Ord. No. 8-12-81]
The Fire Chief shall see that all the laws, ordinances, rules, regulations, orders or directions for the government of the Department are promptly and implicitly enforced and obeyed by all members of the Fire Department, and that all violations that may come to his knowledge are promptly investigated and reported to the Town Administrator, accompanied, when necessary, by proper and well-sustained charges.
[New]
All disciplinary action shall be done pursuant to the Rules and Regulations of the New Jersey Department of Personnel.
[1973 Code § 22-24; Ord. No. 8-12-81]
The Fire Chief shall have supreme command at all fires and at all times over the members of the Department.
[1973 Code § 22-25; Ord. No. 8-12-81]
The Fire Chief shall make all assignments, transfers and details that may occur by detailing another member of the Department to the position.
[New]
Leaves may be granted pursuant to the current Collective Bargaining Agreements prior to their submission for payment.
[1973 Code § 22-27; Ord. No. 8-12-81]
The Fire Chief shall approve all bills for expenses of the Department prior to the submission for payment.
[1973 Code § 2-28; Ord. No. 8-12-81]
The Fire Chief shall make an annual report to the Mayor and Council before March 1 of each year as to the number and location of fires during the previous year; the amount of losses incurred and the amount covered by insurance; and such other information and recommendations as may be appropriate.
[1973 Code § 22-29; Ord. No. 8-12-81]
The Deputy Fire Chiefs shall rank next below the Fire Chief, and it shall be their duty to carry out the orders and instructions of the Fire Chief with respect to their commands in a prompt and efficient manner.
[1973 Code § 22-30; Ord. No. 8-2-81]
During the absence from duty of the Fire Chief, due to sickness or absence from the Town of Kearny on leave or special duty, the Deputy Fire Chiefs shall assume the duties of the Fire Chief, and, during such period, they shall exercise the same powers, perform the same duties and be subjected to the same rules and regulations as the Fire Chief. They shall not, however, issue any orders making any transfers or assignments, or in any way interfere with the general policy of the Department without the approval of the Fire Chief or Chairman.
[1973 Code § 22-31]
The Deputy Fire Chiefs shall make a personal inspection daily of all companies and see that the Department is kept at the highest point of morale and efficiency and that the company quarters are being kept clean and in good repair and order; that all apparatus, equipment and supplies are properly cared for and maintained in proper working condition; that all drill exercises and inspection duties are regularly and properly performed, and that all uniforms and equipment of the men are neat and serviceable and of approved design.
[1973 Code § 22-32; Ord. No. 8-12-81]
The Deputy Fire Chiefs shall attend all fires while on duty and promptly report their arrival to the officer in command. When at a fire they shall assume command and have full control until the arrival of the Fire Chief of the Department, and shall direct the movements of the officers and men so as to extinguish the fire with the least possible damage from fire, water or otherwise.
[1973 Code § 22-33]
The Deputy Fire Chiefs shall cause all men and apparatus not needed at fires to return promptly to quarters.
[1973 Code § 22-34; Ord. No. 8-12-81]
The Deputy Fire Chiefs shall promptly and fully investigate all violations of the rules and regulations of the Fire Department or any neglect of duty that may come to their notice and shall make a full written report thereof to the Fire Chief of the Department.
[1973 Code § 22-35; Ord. No. 8-12-81]
The Deputy Fire Chiefs shall promptly and officially report to the Fire Chief of the Department if they are for any reason unable to perform their duties.
[1973 Code § 22-36; Ord. No. 8-12-81; New]
The tour of duty of the Deputy Fire Chiefs shall be from 8:00 a.m. to 6:00 p.m. and from 6:00 p.m. to 8:00 a.m. each day unless otherwise assigned by the Chief to regular duty assignments.
[1973 Code § 22-37; Ord. No. 8-12-81]
The Deputy Fire Chiefs shall be in full uniform and operate from their assigned quarters while on duty except when called elsewhere on Department business.
[1973 Code § 22-38; Ord. No. 8-12-81]
Captains shall rank next below the Deputy Fire Chiefs, and they shall have command of their stations and be responsible for their condition and the discipline and efficiency of the men, subject, however, to the supervision of their superior officers.
[1973 Code § 22-39]
Captains shall respond to all alarms of fire in conformity with the schedule prescribed in the running schedule.
[1973 Code § 22-40]
Captains shall ride as near as possible to the driver in answering alarms of fire and shall direct the driver's operation of the apparatus.
[1973 Code § 22-41]
Captains shall see that all men and officers ride on the apparatus on alarms of fire, and shall not permit racing or reckless driving or the passing of other Department apparatus unless disabled, and shall not permit a return speed of over 20 miles per hour or a speed at any time which may cause accidents.
[1973 Code § 22-42]
Captains shall promptly report their arrival to the officer in command of the fire.
[1972 Code § 22-43]
Captains shall assume command at fires when first to arrive, and exercise control until a superior officer appears and takes charge.
[1973 Code § 22-44]
Captains shall see that no apparatus or other vehicle is driven over any line of hose except in case of necessity.
[1973 Code § 22-45]
Captains shall see that every member of their command has a copy of the "Book of Rules" of the Department and that the rules are thoroughly understood and obeyed by each member of their command.
[1973 Code § 22-46]
Captains shall promptly investigate any incapacity, inefficiency, neglect of duty, disobedience of orders or the violation of any rule or regulation of the Fire Department by any member of their command, and shall report the same in writing to the Fire Chief, stating the name of the offender, the nature of the offense, the names of the witnesses and the time and place of its occurrence.
[1973 Code § 22-47]
Captains shall see that all general orders and memoranda of the Department are kept on file where they will be accessible to all members at all times.
[1973 Code § 22-48]
Captains shall cause all the men on duty in their command to assemble in full uniform on the apparatus room floor at the sounding of the 8:00 a.m. test signal, and they shall call the roll, read all orders and instructions received since last roll call, issue any verbal instructions necessary and instruct the men before dismissing them.
[1973 Code § 22-49]
Upon the visit of any superior officer for the purpose of inspection, the Captain shall assemble the men as for roll call and report to the inspecting officer.
[1973 Code § 22-50]
Captains shall have full control of the apparatus and equipment entrusted to the care of their command and shall be responsible for its care, upkeep and safety.
[1973 Code § 22-51]
The Captain on duty at any fire station shall be responsible for the building and accessory equipment and for the ordering of supplies thereof and the upkeep thereof.
[1973 Code § 22-52]
Captains shall keep an accurate written inventory of all property entrusted to their care and shall check this inventory by physical count at least once a year. They shall not surrender any property belonging to the Department without first receiving an order therefor from a superior officer.
[1973 Code § 22-53]
Captains shall see that the station journal is promptly and neatly written up at all times and that all the events of the day and all data required by regulations are properly entered.
[1973 Code § 22-54]
After every alarm of fire, Captains shall immediately enter or cause to be entered in the station journal a report stating the time the alarm was received; location of the fire; description of the property; owner and occupant; number of box and location; amount of hose used; amount of ladders used; number of hand extinguishers used and the officer in command at the fire.
[1973 Code § 22-55; Ord. No. 8-12-81]
After any accident involving any apparatus or men of their command, Captains shall immediately investigate the circumstances and submit a written report to the Fire Chief, giving the time, place and nature of the accident, the names of the persons involved, the names and addresses of witnesses, and any necessary comments, and they shall also promptly report such accident by telephone to the Police Department.
[1973 Code § 22-56]
Captains shall see that no trash is permitted to accumulate about quarters.
[1973 Code § 22-57]
Captains shall always have on duty a driver for each piece of motor apparatus.
[1973 Code § 22-58]
Captains shall see that visitors are courteously received, but shall not permit any habitual lounging about quarters.
[1973 Code § 22-59]
Captains shall not permit visitors or members of the Department to speak disrespectfully of superiors.
[1973 Code § 22-60]
Captains shall see that the dormitory is kept clean and neat and well aired, and that all beds are made up and quarters throughout are clean and ready for inspection by 10:00 a.m.
[1973 Code § 22-61]
In case any apparatus needs repairing or adjustment, Captains shall immediately notify the Fire Chief and note the fact in the station journal.
[1973 Code § 22-62]
Captains shall report daily the quantity of gasoline, oil and grease consumed by each piece of apparatus and the repairs and adjustments made on the same.
[1973 Code § 22-63]
Captains shall see that all extinguishers are kept freshly charged and that all apparatus is tested frequently enough to ensure its proper operation at all times.
[1973 Code § 22-64]
Captains shall see that the building, sidewalk, gutters and streets in front of their quarters are kept clean and free from snow and ice and other encumbrances.
[1973 Code § 22-65]
Captains shall familiarize themselves, and see that their men do likewise, with all the buildings in their fire district and the best routes to follow.
[1973 Code § 22-66]
Captains shall see that a proper record is kept of all the hoses on hand, that they are always dry and properly cared for after use, that the required amount is on hand or ordered and that they are properly marked.
[1973 Code § 22-67]
Captains shall report any lost tools or equipment immediately to headquarters, with a statement of the circumstances.
[1973 Code § 22-68]
Captains shall perform such duties as may be required of them by their superior officers.
[1973 Code § 22-69]
Captains shall see that at least two men in each of their platoons are instructed in the duties of driver and that the duty of driving back to quarters and drilling with the apparatus is alternated between them.
[1973 Code § 22-70]
Captains shall see that the members of their command are constantly drilled and instructed in the use of gas masks, tools and other equipment and approved knots.
[1973 Code § 22-71; New]
Upon returning to quarters after an alarm of fire, the first official act of the officer commanding the platoon shall be to advise the Dispatcher that his platoon and apparatus are in service, noting the time in the station journal.
[1973 Code § 22-72; Ord. 8-12-81]
Captains shall see that the front doors of their quarters are kept closed at all times unless otherwise directed by the Fire Chief.
[1973 Code § 22-74; Ord. No. 8-12-81]
The Department Mechanic shall have charge and control, under the direction of the Fire Chief, of all repairs and alterations of apparatus, test of all hose and equipment, keeping a proper record of work done, and shall see that all apparatus in his charge is repaired promptly and as thoroughly as possible, and shall perform such other duties as may be required or prescribed by the Fire Chief.
[1973 Code § 22-75; Ord. No. 8-12-81]
Under no circumstances shall work of any nature be performed in this branch of the service unless authorized by the Fire Chief.
[1973 Code § 22-76; Ord. No. 8-12-81]
The Mechanic shall make out a monthly report of all work done and forward same to the Fire Chief.
[1973 Code § 22-77; Ord. No. 8-12-81]
The hours of duty of the Mechanic shall be from 8:00 a.m. to 5:00 p.m. daily except on Sundays, or as otherwise directed by the Fire Chief.
[1973 Code § 22-78; Ord. No. 8-12-81]
The Mechanic shall not give or loan tools used in his Department to anyone except by permission of the Fire Chief.
[1973 Code § 22-79]
The Mechanic shall see that his tools and spare parts are kept in proper condition and a record made of same.
[1973 Code § 22-80; Ord. No. 8-12-81]
The Mechanic shall make an inspection and test of each piece of equipment in the Department semiannually and submit a report to the Fire Chief of same.
[1973 Code § 22-81; New]
All uniformed personnel who may be detailed or acting as dispatchers in the Fire Department shall be subject to all the rules of the Fire Department pertaining to Firefighters and shall rank equally with the Firefighters.
[1973 Code § 22-82; Ord. No. 8-12-81; New]
Dispatchers shall report at their scheduled times, 8:00 a.m. and 6:00 p.m., and shall remain on duty until relieved. In case the relief operator does not report on time, the dispatcher on duty shall notify the Fire Chief and remain on duty until a substitute has reported.
[1973 Code § 22-83; New]
Dispatchers shall at all times be within hearing distance of the instruments and at no time leave the dispatch room unless relieved.
[1973 Code § 22-84; New]
On reporting for duty, dispatchers shall see that their quarters are kept clean during their tour of duty.
[1973 Code § 22-85; New]
Dispatchers shall keep a daily record book and journal in which they shall note the exact time of receiving each alarm of fire, the station or place from which it came and any additional pertinent data available, all alarms sent out, tests made, trouble on wires, breaks or mutilation of register tape, time going on and off duty, and anything else of importance which occurs, giving in each case the exact time and circumstances.
[1973 Code § 22-86; New; Ord. No. 2006-(O)-60 § 9]
Dispatchers shall familiarize themselves with the streets of the Town.
[1973 Code § 22-87; New]
Dispatchers shall report any abnormal circuit condition or trouble with the radio or alarm system immediately to the lineman or supervisor on duty, who shall proceed to correct the same at once. This report shall also be made to the Deputy Chief and entered in the journal, together with the name of the lineman or supervisor notified.
[1973 Code § 22-88; Ord. No. 8-12-81; New]
On receiving still-alarm calls, dispatchers shall ascertain street and number clearly, also nature of fire. If in doubt of locality, dispatchers shall ask for the name of nearest cross street and have call repeated back to them. Dispatchers shall send three snappy rings over the alarm system or dispatch in the appropriate manner as directed by the Chief, and give the nature of fire and location to the nearest fire company. Dispatcher shall notify the Fire Chief, Deputy Fire Chiefs when on duty, and all other fire stations that do not respond, and they shall also perform any extra duty prescribed by the Fire Chief.
[1973 Code § 22-89; New]
On going off duty, the dispatcher shall go over the journal record of his shift with his relief dispatcher and acquaint him with all information necessary to give him an accurate knowledge of the condition of the system and of all happenings during the just-completed shift.
[1973 Code § 22-90; New]
Dispatchers shall send out one test signal over the alarm system at 8:00 a.m. and 9:00 p.m. daily.
[1973 Code § 22-91]
Local or out-of-town calls are not permitted unless sanctioned by the Chief in charge. All outgoing calls must be recorded on the daily report book at switchboard, recording date and number called and company or party making call.
[1973 Code § 22-92; Ord. No. 8-12-81; New]
Dispatchers shall keep a record of all members reporting out-of-town and when they report back again, in the daily report book, and send them to the office of the Fire Chief each morning.
[1973 Code § 22-93]
The grade of Firefighter in the Fire Department shall include all the personnel of the Fire Department exclusive of the officers.
[1973 Code § 22-94; Ord. No. 8-12-81]
In case any group of Firefighters on duty shall find that an officer is not present to take charge, the senior firefighter in point of service shall assume command and shall immediately report to the Fire Chief or Deputy in command at the time.
[1972 Code § 22-95]
Under the supervision of their offices, the Firefighters shall repair, clean, guard and otherwise care for the station and grounds in which they are quartered and all fire apparatus assigned to their station.
[1973 Code § 22-96; New]
The Firefighters shall promptly perform all duties of Firefighters as may be established by the Fire Chief and their commanding officers and consistent with the job specifications as provided by the Department of Personnel.
[1973 Code § 22-97]
When temporarily assigned to another platoon or other duty than their own, the Firefighters shall immediately conform to the directions of their new officers.
[Ord. No. 2011-36]
a. 
Firefighter 1. All members of the Fire Department are required to be certified as recognized by the NJ Division of Fire Safety as Firefighter level 1 within 12 months from date of hire.
b. 
Firefighter 2. All members hired after January 2008 are required to be certified as recognized by the NJ Division of Fire Safety as Firefighter level 2 within 12 months from date of hire. Members hired prior to January 2008 shall be certified by May 1, 2013.
c. 
Emergency Medical Technician (EMT). All members shall obtain an Emergency Medical Technician (EMT) certification from the NJ Department Health and Senior Services within 12 months from the date of hire. This certification must be maintained throughout their career. Failure to maintain said certification shall be grounds for dismissal unless said failure is the result of (i) a prolonged absence from work because of a catastrophic health condition or injury which the Chief shall determine to be of sufficient gravity to excuse the failure or (ii) a prolonged absence because of military leave.
[1973 Code § 22-98]
In the absence of officers in charge of any of the commands, a member of the next lower rank shall be designated to perform the duties of the regular officer and shall be held to a like responsibility, and his authority shall be the same as that of such regular officer and shall be so recognized.
[1973 Code § 22-99; Ord. No. 8-12-81]
The Superintendent of the Police and Fire Alarm Signal Service shall have charge and control of the police and fire alarm signal service under the supervision of the Fire Chief, and he shall be responsible for the proper installation, upkeep and repair of the police and fire alarm system and for the training and discipline of members assigned to his Department.
[1973 Code § 22-100; Ord. No. 8-12-81]
The Superintendent shall report all matters pertaining to trouble of any nature in his Department to the Fire Chief.
[1973 Code § 22-101]
The Superintendent shall devote all his time to the duties of his Department in keeping the police and fire alarm system up to an efficient standard and shall see that all police and fire alarm wires are regularly tested, especially after storms and accidents, and that necessary repairs are promptly made. When absent, the Superintendent shall keep the Chief informed as to where he can be found in case of emergency.
[1973 Code § 22-102; Ord. No. 2006-(O)-60 § 10]
The Superintendent shall personally inspect or cause to be inspected, cleaned and tested the police and fire alarm system, and all instruments and equipment connected with the system at least once a month.
[1973 Code § 22-103]
The Superintendent shall provide for and keep, as part of the public records of his office, correct records, maps and plans of circuits, box locations, machinery and other appliances of the system, and also see that accurate and complete records of the work in his Department are maintained.
[1973 Code § 22-104]
The Superintendent shall submit a daily report to the Chief, setting forth all repairs or new work done, a record of the men on duty, mileage, gasoline and oil used on all cars in his Department and any occurrence affecting his Department.
[1973 Code § 22-105; Ord. No. 8-12-81; New]
The Superintendent shall, on the first of each month, submit a report to the Town Administrator, the Council, the Fire Committee Liaison and to the Fire Chief on the activities of his Department for the preceding month.
[1973 Code § 22-106]
The Superintendent shall be governed by all rules affecting the personnel of the Department insofar as they are applicable to his Department.
[1973 Code § 22-107; Ord. No. 8-12-81]
The hours of duty of the Superintendent of Police and Fire Alarm Signal Service shall be from 8:00 a.m. to 5:00 p.m. daily, except on Saturdays and Sundays, on which days he shall alternate with the Assistant Superintendent of Police and Fire Alarm Signal Service or as otherwise prescribed by the Fire Chief of the Department.
[1973 Code § 22-108; New]
The Superintendent may be detailed to respond to fire alarms and to report to the officer in command as needed by the Fire Chief.
[1973 Code § 22-109; Ord. No. 8-12-81]
If appointed, an Assistant Superintendent of Police and Fire Alarm Signal Service shall be under the supervision of the Superintendent of Police and Fire Alarm Signal Service and Fire Chief. In the absence of the Superintendent of Police and Fire Alarm Signal Service, he shall assume general supervision and responsibility of the police and fire alarm signal system.
[1973 Code § 22-110; Ord. No. 8-12-81]
The hours of duty of the Assistant Superintendent of Police and Fire Alarm Signal Service shall be from 8:00 a.m. to 5:00 p.m. daily, except on Saturdays and Sundays, on which days he shall alternate with the Superintendent of Police and Fire Alarm Signal Service, unless otherwise prescribed by the Fire Chief of the Department.
[1973 Code § 22-111; Ord. No. 8-12-81]
Linemen and other members of the Department may be assigned to the police and fire alarm signal system from time to time, and their duties shall be to assist the Superintendent of Police and Fire Alarm Signal Service in maintaining, repairing and extending the municipal police and fire alarm signal system; to keep switchboard, aerials and underground circuits of the signal system's instruments in working order; and to do other related work under the direction of the Superintendent of Police and Fire Alarm Signal Service and the Fire Chief of the Department.
[1973 Code § 22-112; Ord. No. 8-12-81]
The hours of duty of the Linemen shall be from 8:00 a.m. to 6:00 p.m. daily, unless otherwise so designated by the Fire Chief, except on Saturdays and Sundays, on which days they shall alternate so that at least one Lineman is on duty, unless otherwise prescribed by the Fire Chief.
[1973 Code § 22-113; New]
Linemen shall respond to fire alarms while on duty as directed by the Fire Chief.
[1973 Code § 22-114]
Members of the Fire Department assigned to drive any Fire Department apparatus shall be designated as drivers and shall rank equally with other Firefighters and shall conform to the following rules.
[1973 Code § 22-115]
Drivers shall, under the direction of their commanding officer, have care and be responsible for the keeping in proper condition and in readiness for service at all times of the apparatus to which they are assigned.
[1973 Code § 22-116]
Drivers shall thoroughly familiarize themselves with the proper operation and care of the apparatus.
[1973 Code § 22-117]
Drivers shall see that their apparatus has at all times a full supply of gasoline and oil, that the apparatus is properly washed, greased and oiled, that the radiator and tires are properly cared for, that the brakes and steering mechanism are in perfect condition and that there are no loose or defective parts.
[1973 Code § 22-118]
Drivers shall report to the commanding officer, who shall enter or cause to be entered in the company journal, the date and mileage shown on the speedometer and time of every run made, date and mileage and amount of all gasoline put in the tank, and the same for each change of oil and greasing.
[1973 Code § 22-119]
Drivers shall exercise the utmost care in driving at all times. When going to a fire, they shall not at any time drive at a speed which will cause accidents, and, returning from fires, they shall obey all municipal and state traffic regulations. They shall always slow up sharply when turning corners, approaching hospitals, schools or rail-road crossings or important thoroughfares, and they shall have absolute control of their apparatus at all times.
[1973 Code § 22-120]
At 8:00 a.m. and 6:00 p.m., drivers shall inspect their apparatus and make sure that it is in every respect ready to make a run. They shall also start and run the motor for a period of three minutes.
[1973 Code § 22-121; Ord. No. 8-12-81]
Drivers shall immediately report any defect to their company commander, who shall, in turn, immediately report to the Fire Chief.
[1973 Code § 22-122]
Drivers of pumping engines shall familiarize themselves with the principle and operation of the pump and valves and all transmission mechanisms. They shall learn enough about friction losses, line pressure, pumping against head and other elements of hydraulics so that they can always deliver the required volume of water at the nozzle with the minimum of wear on the pump and at its most efficient speed.
[1973 Code § 22-123]
In cold weather, they shall see that antifreeze solution is used in the radiator where possible and that every precaution is taken against freezing of radiators or any of the mechanism.
[Ord. No. 2014-29]
There is hereby created in the Fire Department the part-time position of Public Safety Telecommunicator.
[Ord. No. 2014-29]
Under direction from the Chief or his designee the Public Safety Telecommunicator shall receive and respond to telephone or other electronic requests for emergency assistance, including law enforcement, fire, medical, or other emergency services, shall dispatch appropriate units to response sites and shall do related work as required.
[Ord. No. 2014-29]
The part-time Public Safety Telecommunicator shall be subject to all rules and regulations of the Fire Department.
[1973 Code § 22-127; Ord. No. 8-12-81; New; Ord. No. 2006-(O)-60 § 11]
a. 
Any general order issued to the Fire Department by the Fire Chief shall be a rule of the Fire Department, and every member of the Fire Department shall strictly conform to it and to the following rules:
b. 
Compliance Required by Members of the Fire Department.
1. 
Members of the Fire Department shall devote their entire time to the service of the Fire Department, answer all alarms of fire received at their station and make every effort to do their full duty at all times and under all circumstances.
2. 
Members of the Fire Department shall promptly and cheerfully obey all rules of the Fire Department and all orders received from superior officers.
3. 
Members of the Fire Department shall promptly remove all persons in danger at a fire and render such first aid as may be necessary.
4. 
Members of the Fire Department shall look for evidence of incendiaries in cases of fires of suspicious origin, but shall avoid expressing any public opinion on the same.
5. 
Members of the Fire Department shall endeavor to detect or obtain evidence to convict persons sending false alarms of fire.
6. 
Members of the Fire Department shall carefully protect from waste or abuse all public property in quarters and at fires. This applies particularly to light, fuel and expendable supplies.
7. 
Members of the Fire Department shall not loan, sell or give away any public property.
8. 
(Reserved)
9. 
Members of the Fire Department shall not leave quarters, a fire or any duty without permission of their superior officer.
10. 
Members of the Fire Department shall not use obscene, immoral, disreputable, impudent or improper language, but shall always be respectful and gentlemanly to superiors, equals and citizens and courteous to subordinates.
11. 
Members of the Fire Department shall at all times serve the best interests of the Fire Department by observing and reporting all matters pertaining to and concerning its welfare.
12. 
Members of the Fire Department shall not use the Department telephone except for official Fire Department business or in case of an emergency.
13. 
When answering the telephone, members of the Fire Department shall always give their company number, then rank and their name.
14. 
Members of the Fire Department shall not enter in uniform any place where intoxicating beverages are sold for any purpose except the strict discharge of their duty.
15. 
Members of the Fire Department shall not at any time be under the influence of any intoxicating beverages or any harmful drugs or compounds.
16. 
Members of the Fire Department shall not, under any circumstances, drink any intoxicating beverages or use any harmful drug or compound while on duty, nor have or cause or permit or allow the same to be brought into or kept in quarters.
17. 
Members of the Fire Department shall not indulge in or permit gambling in any form in quarters.
18. 
Members of the Fire Department shall not violate any criminal law or be guilty of immoral or improper conduct.
19. 
Members of the Fire Department shall not engage in altercations under any circumstances.
20. 
Members of the Fire Department shall not be guilty of conduct unbecoming a firefighter and a gentleman nor conduct prejudicial to the good reputation, order or discipline of the Department.
21. 
Members of the Fire Department shall not be guilty of deception or evasion or violation of any law, ordinance, rule or regulation.
22. 
Members of the Fire Department shall not be guilty of cowardice or shrinking from duty.
23. 
Officers shall not unnecessarily jeopardize the lives or limbs of the men under their command.
24. 
Officers finishing up work at a fire shall make certain that there is no chance of rekindling.
25. 
Members of the Fire Department shall not invite, suggest or request any contribution nor sell any tickets for any purpose, nor receive any gifts of money or goods from any source without the expressed permission in writing of the Fire Chief.
26. 
Members of the Fire Department shall give five days' notice of intended resignation or retirement. Request for resignation or retirement shall be in writing and forwarded through proper channels. Any such request for resignation shall be a complete waiver of any rights accrued to the member under the Pension Law.
27. 
Members of the Fire Department shall not permit any person not a member of the Department to ride upon any Department vehicle.
28. 
All communications relating to the official business of the Department to or from any member of the Department shall be transmitted through official channels as follows: from a member through is commanding officers, through the Chief of the Department to the Chairman of the Fire Committee, if necessary, and the reverse order for communications going the other way. At each step in this channel an endorsement shall be added to the communication, showing that it has passed through the proper authorities and their comment on the same.
29. 
All applications for transfers shall be in the handwriting and over the signatures of the applicants, stating truly and fully the necessity therefor, and forwarded through official channels to the Fire Chief, and members shall not, directly or indirectly solicit the influence or intercession of any person or persons with the Chairman of the Fire Committee or the members of the Town Council to effect their transfer.
30. 
The printed form of the regulations and all amendments and additions thereto shall be known as the "Book of Rules," and each member shall be issued a copy and shall see that it is kept up-to-date, and each member shall make a copy of every order hereafter issued which changes or affects the rules and regulations and attach the same to his copy of the "Book of Rules." Commanding officers shall be held responsible for seeing that this is done.
31. 
Members of the Fire Department shall not unnecessarily disturb men asleep in the dormitory.
32. 
All members of the Fire Department are considered on duty 24 hours every day except when on regular or special leaves of absence or on sick leave.
33. 
All members shall read and become familiar with the laws and ordinances governing their work, with the "Book of Rules" and all other regulations affecting them.
34. 
The day shall officially begin at 8:00 a.m. in the Fire Department.
35. 
Every member of the Fire Department shall devote his entire time to the business of the Fire Department, and is expressly prohibited from being employed in or giving his personal attention to any other business.
36. 
No member of the Department shall under any circumstances make any purchase or incur any liability for the Department except on written authority of the Chief of the Fire Department.
37. 
Any work that is necessary to be done about the houses, lots, apparatus or other property of the Department, or any work that is connected with the Department, shall be done by the members if practicable.
38. 
Members of the Department shall not engage in political or religious discussions in quarters.
39. 
Whenever there is doubt as to the meaning of a rule or regulation, application shall be made to the Chief for an explanation of the same.
40. 
Members shall not smoke while in the street in uniform nor while answering an alarm of fire.
41. 
No automobile other than the departmental cars shall be allowed in Fire Department buildings.
42. 
Members shall at all times pay particular attention to all hydrants they pass and shall promptly report any defect or obstruction to the nearest station.
43. 
Members shall not receive rewards or presents of any kind for duties performed without permission of the Fire Chief.
44. 
No one shall be permitted to demonstrate or sell their wares in any fire quarters except on written permission from the Fire Chief.
45. 
All members shall promptly notify the Fire Chief through their station commander of any change in their address or telephone number.
46. 
Officers of the Fire Department are expected to set an example for the other members, and any neglect or indifference or infraction of regulations on their part will be considered an aggravated offense and dealt with accordingly.
47. 
All members are forbidden to engage in critical discussions of the management of the Fire Department or any other branch of the municipal government while in quarters.
48. 
All members shall familiarize themselves with all street numbers, hydrant locations and fire signal stations in their district and with the most direct and least congested route to each.
49. 
All members shall study all the periodicals and books on the subject of Fire Department work that are supplied to the fire quarters, and shall always be on the alert to learn more about their profession from all available sources of information.
50. 
At no time shall the apparatus exceed the speed limit or in any way operate vehicle in an unsafe manner.
51. 
Racing to and from fires is strictly prohibited; and if the apparatus of several companies proceed through the same street to or from a fire, they shall do so in single file.
52. 
Each member of the Department shall address a superior officer of the Department by his title.
[1973 Code § 22-128]
Continuous floor watch shall be maintained in the apparatus room at each fire station in the Fire Department at all times, unless otherwise directed by the Chief.
[1973 Code § 22-129]
The detail of the men on house watch duty shall be by roster of the firefighters of the platoons on duty.
[1973 Code § 22-130]
The Firefighters detailed as house watch shall begin duty promptly at the time specified for a four-hour period and shall enter his name and the exact time in the daily report book and the name of the man he relieves.
[1973 Code § 22-131; New]
The house watch shall see that everything in the apparatus room is in its proper place and in good order, that the apparatus is ready for instant use, that the telephone, telegraph instruments and communications and computer equipment are operating properly and are wound up after each alarm, that all telephone calls and telegraph signals are promptly and properly answered and that the instruments are not tampered with.
[1973 Code § 22-132]
The house watch shall be responsible for correctly receiving and promptly reporting to the commanding officer every signal sounded on the gong and every alarm received by any means, and shall accompany his platoon in answer to alarms of fire.
[1973 Code § 22-133]
The house watch shall be strictly responsible for all entries made in the daily report book during his hours of duty, except those made personally by authorized officers. Any neglect on his part to make these entries, as directed by his commanding officer or as required by regulation, or to properly record any absence from quarters of either officers or men, shall result in severe punishment.
[1973 Code § 22-134]
The daily report book to be kept by the house watch shall be an accurate and complete history of the activities of each platoon during its tour of duty and all occurrences affecting it, the regular and special duty performed by its individual officers and men, all orders received or given, whether verbal or written, any accidents or injuries to men or apparatus, action taken in reference thereto, unusual occurrences of all kinds, delinquencies of officers or men, changing and testing of hose and charging of extinguishers, receipt and transfer of equipment or supplies, roll calls, suspensions, leave, sicknesses, visits of officials and anything in any way pertaining to the administration of the company or of interest to the Department. Such record shall be entered in the company journal by the commanding officer of the company or a firefighter so designated by him.
[1973 Code § 22-135]
All orders, whether verbal or written, shall be entered in the daily report book, as shall any entry of any extraordinary nature.
[1973 Code § 22-136]
The house watch shall politely inquire as to the business of visitors and shall then call his commanding officer.
[1973 Code § 22-137]
The house watch shall not permit any violations of the rules and regulations on the apparatus room floor or in front of quarters, and shall at once call his commanding officer should a condition arise which he cannot control by his orders.
[1973 Code § 22-138]
All members on duty shall report to the house watch before leaving quarters, giving their authority for leaving, and shall similarly report their return. The house watch shall report these and all other absences in the daily report book, recording the exact time and reason for each going and coming.
[1973 Code § 22-139]
Any failure of officers or men to comply with the above requirements shall, in addition to being accounted a violation of the rules, subject the delinquent to the charge of absence without leave during the time of such absence from quarters.
[1973 Code § 140]
The house watch shall not leave his post unless properly relieved, and he shall notify his successor before the time specified for his relief.
[1973 Code § 22-141]
The Fire Department shall operate under the 2-platoon system.
[1973 Code § 22-142; Ord. No. 8-12-81; New]
The assignment of officers and men to stations and platoons shall be made by the Fire Chief. The Chief may transfer any individual or group of men or officers from one platoon or station to another for the good of the Department and shall be reported to the Town Administrator and the Council Fire Committee.
[1973 Code § 22-143; New]
Unless otherwise directed by the Chief, the platoon shall go on duty from 8:00 a.m. to 6:00 p.m. and another platoon shall go on duty from 6:00 p.m. to 8:00 a.m. the following day. Each platoon on duty shall remain on duty until properly relieved by the succeeding platoon.
[1973 Code § 22-144]
The officer in charge of each platoon shall, when entering upon his tour of duty, carefully read the journal entries of the proceeding platoon.
[1973 Code § 22-145]
The officer in charge of each platoon shall assemble his platoon in full uniform and call the roll at the exact hour for the beginning of its tour of duty. He shall form the platoon in line, call the roll, read all orders and pertinent matter received since last roll call, deliver any oral instructions or directions deemed necessary, make a close inspection of the men as to personal appearance and physical condition and dismiss them.
[1973 Code § 22-146]
A report of all those present, all who were late in reporting and of all absentees shall be entered by name on the daily report book, together with the reason for all authorized absentees, and a similar report shall be forwarded to the Fire Chief.
[1973 Code § 22-147; Ord. No. 8-12-81]
Should the platoon reporting for duty find that the preceding platoon is absent from quarters and at a fire or other Department business, the officer in charge shall promptly try to communicate with the Fire Chief or officer in charge of the fire. Failing to do this promptly, or if instructed by the Fire Chief or officer in charge of the fire, he shall direct his platoon to proceed in a body on foot or by such public vehicular means of travel as may be available and with all possible haste to the scene of the fire to relieve or assist the preceding platoon. In such cases the Fire Chief shall keep in touch and be aware of relief hours and whenever possible shall notify the officer in charge of the relieving platoon whether he is to proceed to the fire or remain in quarters so as to avoid unnecessary movement of the men.
[1973 Code § 22-148]
Upon arriving at the fire, the relieving platoon shall report to the officer in charge of the fire, who shall direct it to relieve the other platoon or shall assign it to such other duty as he may deem advisable.
[1973 Code § 22-149]
The officer in charge of the fire shall direct whether the platoon already on duty is to be relieved upon the arrival of the relieving platoon or whether it is to be held until he considers its services can be dispensed with. Upon being relieved at the fire, the outgoing platoon shall return immediately to quarters for roll call and dismissal.
[1973 Code § 22-150]
All members shall so time their departure from home when reporting for roll call that ordinary delays of traffic and uncertain transit service will not prevent their arrival at quarters well in advance of the hour for roll call. All lateness and absences not authorized by proper authority must be explained in writing to the Fire Chief through the platoon commander, and all such offenders are subject to formal charges.
[1973 Code § 22-151]
Beds in the dormitories shall be used only between the hours of 7:00 p.m. and 7:00 a.m.
[1973 Code § 22-152]
All members of the platoon shall be up at 7:00 a.m. and remove all their linens from the beds.
[1973 Code § 22-153]
All apparatus shall be cleaned and ready for inspection by 10:00 a.m.
[1973 Code § 22-154]
All quarters shall be closed and all lights, except night lights, extinguished by 11:00 p.m.
[1973 Code § 22-155]
No two persons shall use the same sheets and pillowcases and they shall be changed once a week.
[1973 Code § 22-156]
When one shift returns from a fire at or after the time it is scheduled to be relieved by the succeeding shift, the crew of the latter shall be required to clean the apparatus and to return it to good working condition.
[1973 Code § 22-157]
No member shall trade or substitute his shift with any other member except on direct authority of the Fire Chief.
[1973 Code § 22-158]
Any member off duty who, on account of sickness, injury or any other emergency, is unable to report for duty on time, shall notify his platoon commander at least one hour before his term of duty begins.
[1973 Code § 22-159]
All members shall report for duty on time, and no member or platoon shall go off duty until properly relieved.
[1973 Code § 22-160]
If any member fails to report for duty, his station commander may select a member from the opposite shift to remain on duty until the absent member reports or some other arrangement is made.
[1973 Code § 22-161]
The engines of all motor apparatus shall be run for a period of three minutes by the driver on the incoming shift just before roll call, and the driver shall, when answering roll call, report the condition of the engine as being okay or not, as the case may be, his report to be entered in the daily report book and the company journal.
[1973 Code § 22-152; Ord. No. 8-12-81; New]
At the discretion of the Fire Chief and with the approval of the Town Administrator, regular leaves at full pay may be granted to members of the Department each year pursuant to the Collective Bargaining Agreement.
[1973 Code § 22-163; Ord. No. 8-12-81; New]
The dates for regular leaves for each man shall be set each year by the Fire Chief, subject to the approval by the Town Administrator. No member shall change or trade his leave with another except by the same authority.
[1973 Code § 22-164; Ord. No. 8-12-81]
All other leaves shall be known as special or sick leaves.
[1973 Code § 22-165; Ord. No. 8-12-81; New]
Special leaves which are consistent with the Collective Bargaining Agreement may be granted on written application of a member, which application must contain an accurate and definite statement of the reasons for requesting the leave. Misrepresentation in such requests shall be severely punished.
[1973 Code § 22-166; Ord. No. 8-12-81; New]
Special leaves shall only be granted in cases of extreme emergency, such as severe sickness or death in the immediate family, or for some very unusual reason satisfactory to the Fire Chief and consistent with the Collective Bargaining Agreement.
[1973 Code § 22-167; Ord. No. 8-12-81]
Leaves of absence shall be so regulated by the Fire Chief that there shall be at all times enough men on duty to man and operate the apparatus and to keep each company functioning.
[1973 Code § 22-168; Ord. No. 8-12-81]
All members shall be held responsible for any disorderly, disgraceful or unlawful conduct while on leave or off duty.
[1973 Code § 22-169; Ord. No. 8-12-81]
No member of the Department shall excuse himself from duty.
[1973 Code § 22-170]
Members of the Fire Department off duty shall be subject to recall to duty in times of emergency by direction of the Fire Chief and no member off duty shall be permitted to leave Town without first notifying the Department telephone operator.
[1973 Code § 22-171; New]
Recall orders shall be sent out by Department telephone operators/dispatchers to all members off duty on orders of the Fire Chief or officer in command.
[1973 Code § 22-172]
Each station commander shall keep a list on file showing the latest address and telephone number of each member assigned to the station and shall forward a duplicate of all data to headquarters. Each member shall report any change of his address or telephone number within 24 hours to his station commander.
[1973 Code § 22-173]
Upon receiving the recall signal, each member shall immediately proceed to his station, procure his equipment and then get in touch with the Department telephone operator and, unless assigned by him otherwise, shall proceed to location of fire.
[1973 Code § 22-174; Ord. No. 8-12-81]
Upon receiving recall orders, each station commander shall enter in the daily report book the names of all off-duty members with notation as to whether or not they answered the call of reporting for duty on the recall and any reasons for unusual lateness or absence, and a copy of these entries shall be embodied in a report to the Fire Chief upon the ending of the recall period.
[1973 Code § 22-175; New]
The control and discipline of the Fire Department shall be vested in the Fire Chief consistent with the Rules and Regulations of the New Jersey Department of Personnel. It shall have the power to enforce all the rules and regulations herein provided and any administrative rules and regulations herein provided and any administrative rules and regulations which it may promulgate from time to time. It shall enforce these rules by reprimand, deduction of pay, fine, reduction in rank, forfeiture of days off, suspension from duty with or without pay or dismissal from the Department, with the approval of the Town Administrator. The nature of the penalty shall be in accordance with the nature and seriousness of the offense and the disciplinary record of the offender.
[1973 Code § 22-176; Ord. No. 2006-(O)-60 § 12]
Charges may be preferred against any member of the Fire Department by any officer of the Department or any private citizen for any one or more of the following offenses:
a. 
Negligent or willful injury to or waste of any public property.
b. 
Intoxication while on duty.
c. 
Disobedience of orders or commands.
d. 
Indecent, profane, harsh or uncivil language.
e. 
Disrespect to superior officers while on or off duty.
f. 
Neglect in promptly paying just debts.
g. 
Immorality, indecency or lewdness.
h. 
Absence without leave.
i. 
Incompetency, lack of energy or lack of interest in the performance of duty.
j. 
Sleeping on duty.
k. 
Neglect of duty.
l. 
Violation of any criminal law.
m. 
Any violation of any national, State or municipal law that would tend to bring discredit to the Fire Department.
n. 
Conduct unbecoming a firefighter and a gentleman.
o. 
Conduct subversive of good order and the discipline of the Department.
p. 
(Reserved)
q. 
Shirking of duty or any cowardly action at a fire or at a drill.
r. 
Bringing any intoxicating liquors upon any of the premises of the Fire Department.
s. 
Making any false statement in any application for or in connection with appointment to the Fire Department.
t. 
(Reserved)
u. 
Violating any of the ordinances of the Town of Kearny or of the rules and regulations governing the Department, or any rule or regulation promulgated by the Town Council or by the Chairman and approved by the Council.
v. 
Intentionally making a false official statement.
[1973 Code § 22-177; New]
All charges shall be in writing and shall be forwarded as promptly as possible after the determining of the offense to the Fire Chief through proper channels who shall in turn forward them to the Appointing Authority, the Town Administrator. The Appointing Authority or the Chief acting on their behalf shall investigate the merits of each charge and submit the same, together with his recommendations, to the Town Administrator, who shall take such action as is necessary.
[1973 Code § 22-178]
No member of the Department shall be allowed to resign or retire while charges are pending against him, except by permission of the Town Council.
[1973 Code § 22-179; New]
The Fire Chief on behalf of the Appointing Authority may conduct an informal investigation of charges or complaints against members of the Fire Department before deciding whether or not they merit the bringing of formal charges or a trial on charges already drawn.
[1973 Code § 22-180; New]
When the Fire Chief of Appointing Authority directs that formal charges be prepared against a member, it shall be done pursuant to the Rules and Regulations of the New Jersey Department of Personnel as to content, notice and service. The Fire Chief shall forward an outline of the case, together with a record of all previous charges or other disciplinary action against the accused. Formal charges in writing, in triplicate, shall be drawn up, specifying the offenses sufficiently to intelligently advise the accused of the charges. One copy of same shall be served on the accused by a member of the Department. This copy shall be accompanied by a letter from the Fire Chief or the Chairman of the Fire Committee notifying the accused of the date and hour and place of the trial and of his right to obtain counsel and to have witnesses appear in his behalf.
[New]
The hour and date of serving the notice of trail and the charges on the defendant shall be endorsed pursuant to the Rules and Regulations of the New Jersey Department of Personnel.
[1973 Code § 22-182; New]
Subpoenas for any witnesses for either the Town or the defendant should be served in person by a uniformed member of the Department, preferably an Officer, but they may also be served in a manner consistent with the Rules of Court for the State of New Jersey.
[1973 Code § 22-183; New]
The trial of a member of the Department on formal charges shall be held before the Appointing Authority (Town Administrator), either publicly or privately as may be prescribed in the Rules and Regulations of the New Jersey Department of Personnel.
[1973 Code § 22-184]
At the date and hour set for the trial, all witnesses, the defendant and his counsel shall be present, if practical, and all members of the Fire Department appearing as witnesses shall be in full uniform.
[1973 Code § 22-185; New]
Trial procedure shall be pursuant to the Rules and Regulations of the New Jersey Department of Personnel. All witnesses shall be sworn before testifying and a record kept of the name of the witnesses. The defendant shall be permitted to cross-examine the witnesses of the prosecution. Prior to the commencement of the hearing before the Appointing Authority, the defendant shall announce if he or she is pleading guilty.
[1973 Code § 22-186]
The decision and sentence of the Fire Committee in each case shall be rendered in writing, in triplicate, and a copy delivered to the defendant.
[1973 Code § 22-187]
Upon any member of the Fire Department becoming sick or otherwise physically incapacitated from performing full duty, he shall immediately notify the Fire Chief through headquarters. The Fire Chief shall, at his discretion, notify the physician, who shall promptly examine the member and determine whether or not he shall be excused from duty, and shall immediately notify the Fire Chief through headquarters of his recommendations.
[1973 Code § 22-188]
Whenever the physician examines a firefighter for sickness or physical disability, he shall send a written report to the Fire Chief, indicating the name of the man examined, the nature of his disability and the recommendation thereon. If he excuses the man from duty, he shall so indicate on the report, together with an estimate of the probable length of time the man will be absent from work.
[1973 Code § 22-189; New]
If a member of the Department is injured or taken suddenly ill in quarters, the commanding officer shall immediately notify the Fire Chief and be guided by him, as well as follow the procedures in place for injury while working.
[1973 Code § 22-190; New]
No member on sick leave shall be allowed to leave his place of residence except upon permission of the Fire Chief, who shall base said permission on a report from the physician.
[1973 Code § 22-191]
All members of the Department shall immediately report any accident, sickness or injury to themselves, no matter how slight, to their commanding officer, stating the cause and extent of that injury or sickness.
[1973 Code § 22-192; Ord. No. 8-12-81]
The following shall be the insignia of rank of the members of the Fire Department:
a. 
For the Fire Chief, five crossed trumpets with bells projecting beyond the mouthpieces and gold-plated.
b. 
For the Deputy Fire Chiefs, three crossed trumpets with bells projecting beyond the mouthpieces and gold-plated.
c. 
For Captains of engine companies, two trumpets vertically arranged and parallel, with the bells downward and nickel-plated.
d. 
For Lieutenants of engine companies, one trumpet horizontally arranged, bell to the right and nickel-plated.
e. 
For Captains of truck and ladder companies, two axes vertically arranged and parallel, with the blades at the top and edges toward each other and nickel-plated.
f. 
For Lieutenants of truck and ladder companies, one axe horizontally arranged, with the edge down and to the left and nickel-plated.
g. 
For the Mechanic of the Fire Department, the same insignia as for Lieutenants of engine companies, except that in the center there shall be a circle containing a motor engine and all nickel-plated.
h. 
For the Lineman of the Police and Fire Alarm Signal Service, the same insignia as for Lieutenants of engine companies, except that in the center there shall be a circle containing a spray of forked lightning and superimposed on these a vertical clenched fist and all nickel-plated.
i. 
For the Superintendent of Police and Fire Alarm Signal Service, the same insignia as for Captains of engine companies, except that in the center there shall be a small circle containing a spray of forked lightning and superimposed on these a vertical clenched fist and all gold-plated.
j. 
For the Assistant Superintendent of Police and Fire Alarm Signal Service, the same insignia as for Captains of engine companies, except that in the center there shall be a small circle containing a spray of forked lightning and superimposed on these a vertical clenched fist and all nickel-plated.
k. 
For all other members of the Fire Department, a Maltese cross with "Kearny" in the top arm, hook and ladder crossed on the left arm, hydrant in the right arm and the words "Fire Department" in the bottom arm, and in the center of the cross a circle containing the registered number of the member in raised letters, horizontally arranged, all nickel-plated.
[1973 Code § 22-193; Ord. No. 8-12-81]
Whenever so directed by the Fire Chief, there shall be worn a coat badge on the left breast on the outside, and this badge shall be as follows:
a. 
For all officers, a shield surmounted by a spread eagle, the whole to be 1 3/4 inches high and 1 1/4 inches wide, the insignia of rank in a one-inch-diameter circle in the center of the shield, surmounted by a circle of words indicating the rank of office and in the lower part "Kearny" and with the letters "N.J." at the bottom of the shield. The rank shall be placed at the top of the shield between the spread eagle and the one-inch circle, all to be plated as is the insignia of rank and to be fastened to the coat with a vertical pin at the back.
b. 
For all other members, the insignia of rank, a two-inch square with a vertical pin at the back.
[1973 Code § 22-194; Ord. No. 8-12-81]
On all uniform caps, a cap insignia shall be worn fastened to the front midway between the top and the chin strap; these cap insignia shall be as follows:
a. 
For the Fire Chief and the Deputy Fire Chiefs, the insignia of rank 1 1/4 inches in diameter on a round background 1 5/8 inches in diameter, with mounting crew at the back, all gold-plated.
b. 
For all Captains, Superintendent and Assistant Superintendent, the insignia of rank on an oval background two inches wide by 1 5/8 inches high, with mounting screw at the back and all plated as is the insignia of rank.
c. 
For all Lieutenants, the insignia of rank on an oval background 1 1/34 inches wide and two inches high, with mounting screw at the back and nickel-plated.
d. 
For all other members, the insignia of rank two inches square, with mounting screw at the back.
[1973 Code § 22-195]
All officers shall wear on their coats in each lapel above the notch a collar insignia consisting of the insignia of rank on a round metal background one inch in diameter, with a mounting screw at the back and plated as is the insignia of rank.
[1973 Code § 22-196]
All exposed buttons shall be of metal, round in shape with a fastening eye at the back. The button insignia shall consist of a wreath with the block letters "F.D." horizontally arranged at the center.
[1973 Code § 22-197]
A regulation uniform shirt shall always be worn with the uniform coat and shall be made as follows:
a. 
For all officers, it shall consist of a plain white linen or muslin shirt with a rolling collar high enough to show at the back of the coat collar and with a medium-width opening at the front.
b. 
For all other members, it shall consist of a plain gray linen or cotton shirt with soft or semistarched rolling collar.
[1973 Code § 22-198]
A regulation uniform tie shall always be worn with the uniform coat and shall consist of a plain black tie of good material passed around the inside of the collar of the shirt and fastened with a four-in-hand knot in front.
[1973 Code § 22-199]
Regulation uniform shoes of plain black leather cut either high or low shall always be worn with uniform trousers.
[1973 Code § 22-200; Ord. No. 8-12-81]
White lisle gloves shall be worn at ceremonies and official inspections and as directed by the Fire Chief.
[1973 Code § 22-201; Ord. No. 8-12-81]
The regulation uniform cap shall be worn summer and winter and shall be as follows:
a. 
For the Fire Chief and Deputy Fire Chief, a cap of regulation indigo blue, sixteen-ounce wool cloth, three inches high all around with a bell crown with two ventilator holes on each side. The lower portion of the sides shall be covered with a black silk velvet band 1 1/2 inches wide. The visor shall be sloping, or patent leather, two inches long with bound edges and lined with green cloth. Above the visor, there shall be a gilded flexible metal chin strap fastened at each end with regulation buttons. It shall be fully lined and the inside of the top protected with a noninflammable sweat guard. The sweat band shall be 1 1/2 inches high.
b. 
For Superintendents, the cap shall be the same as that for the Chief, except that the band around the lower side of the cap shall be of black mohair.
c. 
For all other officers, the cap shall be the same as that for the Superintendents, except that the chin strap and buttons shall be nickel-plated.
d. 
For all other members, the cap shall be the same as that for the officers, except that the band around the lower side of the cap shall be of plain blue cloth, of the same material as the cap. It shall have a welt rim and welt midway of the rim, and the chin strap shall be of one-half-inch wide patent leather fastened at the end with regulation cap buttons.
[1973 Code § 22-202; Ord. No. 8-12-81]
Winter overcoats and summer uniforms shall be as prescribed by the Fire Chief with the approval of the Chairman of the Fire Committee.
[1973 Code § 22-203; New]
All members shall provide themselves with a full bill of dress within 30 days of their appointment or promotion to a new rank, and every member of the Department shall at all times own and be provided with the full equipment specified in this bill of dress, in good, serviceable condition, and shall use none other than his own. Said provision subject to the Bargaining Unit Agreement between the members of the Department and the Town where applicable.
[1973 Code § 22-204; New]
All expenses for bill of dress shall be paid by each member. Said provision subject to the Bargaining Unit Agreement between the members of the Department and the Town where applicable.
[1973 Code § 22-205; New]
Unless otherwise directed, all members shall wear the regulation fire helmet and rubber coat and boots at all alarms of fire, except that drivers may wear the uniform cap when driving. All members are required to wear the turnout gear ordered by the Fire Chief consistent with all legal requirements.
[1973 Code § 22-206]
All members shall wear the full uniform and regulation dress at all times when on duty, and no member shall wear the uniform dress or any part thereof when off duty.
[1973 Code § 22-207]
House fatigues uniform may be worn only within the limits of the engine house or yard, and no member shall leave these limits unless in full uniform fully buttoned up, except when answering an alarm of fire or performing some duty for which it is impractical to change.
[1973 Code § 22-208; Ord. No. 8-12-81]
Summer coats shall be worn from April 15 to November 15 and winter coats from November 15 to April 15, subject to the discretion of the Fire Chief.
[1973 Code § 22-209; Ord. No. 8-12-81]
The Fire Chief shall make a uniform inspection once each year.
[1973 Code § 22-210; Ord. No. 8-12-81]
Regulation uniform trousers shall be the same for all members and for both summer and winter wear. They shall be cut to fit close at the waist but free at buttocks and legs, with lap seams at the sides and no cuffs at the bottom. The cloth shall be of the same material, weight and color as prescribed for the officers' summer coat. They shall be held in place by a black belt or black suspenders.
[1973 Code § 22-211; New]
The regulation house fatigues uniform shall consist of the regulation shirt with or without a tie, and khaki or corduroy trousers or as required by law.
[1973 Code § 22-212; Ord. No. 8-12-81; New]
The regulation "warbaby" fire helmet shall be made of leather specially prepared to give the required stiffness. The crown of the helmet shall have four combs or ribs to give added strength inside the crown; at the base there shall be a metal reinforcing band securely riveted into place and designed so as to maintain the head size of the helmet. There shall be a lining of substantial material, shaped so as to hold the head away from the top of the helmet; between the lining and the side of the head there shall be a layer of insulating material. The brim of the helmet shall be of oval shape approximately 11 by 14 inches, its edge rolled with a piece of stiff wire with ends butt-welded securely stitched therein. The brim shall extend about two inches at the front, drooping in a curve to about one inch below the base of the crown at the front and about two inches below at the rear. Applicable legal requirements may prevent the above, in which case said requirements would apply.
a. 
For the Fire Chief, the helmet shall be as above described, white in color, with a gilt leather front piece having the insignia of rank (five crossed trumpets) in the center and the initials "K.F.D." below.
b. 
For the Deputy Fire Chiefs, same as that for the Chief, but with the insignia of rank (three crossed trumpets).
c. 
For Captains of engine companies, the helmet shall be as first described, black in color, and shall have a white patent-leather front piece with the company number in black raised in the center, initials "K.F.D." in black at the bottom, two trumpets placed vertically, one on each side of the company number.
d. 
For Lieutenants of engine companies, the same as that for Captains, except that there shall be a single trumpet set horizontally with the bell to the right and just above the company number.
e. 
For Captains of hook and ladder companies, same as that for Captains of engine companies, except that the number and letters shall be in red and two axes shall be set alongside the company number.
f. 
For Lieutenants of hook and ladder companies, the same as that for Captains of hook and ladder companies, except that the insignia shall be one axe horizontally with the head at the left and above the company number.
g. 
For all of the members of the engine companies, same as that for the officers of the engine companies, but the front piece shall be black with the company number in white and the initials "K.F.D." in white just below the number.
h. 
For all of the members of the hook and ladder companies, same as that for the officers of the hook and ladder companies, except that the front piece shall be of red patent leather with the company number in white and the letters "K.F.D." in white just below the number.
[1973 Code § 22-213]
There is hereby established in the Fire Department a schedule of actual duty for each paid member of the Fire Department so that each paid member shall be on actual duty for an average of 42 hours per week in any eight week cycle, except as hereinafter provided. Said schedule of actual duty is hereafter set forth in subsections 3-96.2 through 3-96.7.
[1973 Code § 22-214]
The uniformed members of the Fire Department shall be divided into four groups.
[1973 Code § 22-215]
The Fire Chief of the Fire Department of the Town of Kearny shall assign the uniformed members of said Fire Department to each group.
[1973 Code § 22-216; Ord. No. 8-12-81]
The schedule of actual duty in each eight week cycle shall be arranged by the Fire Chief so that each member of the several groups above mentioned shall perform irregular tours of duty consisting of 10 hours each and 14 hours each, averaging 42 hours per week in an eight week cycle.
[1973 Code § 22-217]
The ten hour tour of duty shall commence at 8:00 a.m. and end at 6:00 p.m. of the same day. The fourteen-hour tour of duty shall commence at 6:00 p.m. and end the following day at 8:00 a.m.
[1973 Code § 22-218]
In times of emergency the officer, board or official having charge or control of the Fire Department shall be permitted to summon and keep on duty as many such firemen as shall be necessary, within the sole discretion of such officer, board or official to cope with such emergency; provided that any member of such Fire Department so kept on duty during such emergency shall receive, during the next 12 months thereafter, a number of hours free from actual duty, deducted from such 42 average hours, equal to the number of hours in excess of an average of 42 hours per week in any eight week cycle which he shall have served during such emergency.
[1973 Code § 22-219; Ord. No. 8-12-81]
The provisions of this section shall not apply to the Fire Chief of the Fire Department.
[Added 12-3-2019 by Ord. No. 2019-37]
The services authorized herein are limited to services which shall be performed within the Town, and apply only to "fire watch" services provided to private businesses. It shall not apply to any emergency response provided by the Fire Department.
The Town of Kearny hereby establishes a policy regarding the provision of "fire watch" services by the Fire Department.
a. 
The Kearny Fire Department shall be permitted to provide "fire watch" services within the boundaries of the Town of Kearny for private employers for activities on private property such as the use or sale of fireworks, and activities using pyrotechnics or open flames.
b. 
The services provided for herein shall only be provided at times and locations where the Fire Chief determines such deployment is necessary, would not be inconsistent with the efficient functioning and good reputation of the Fire Department, and would not unreasonably endanger or threaten the safety of the Fire Department personnel who are to perform the work.
a. 
All requests to the Town for Fire Department "fire watch" services shall be forwarded to the Fire Chief or his designee at least 10 days before such services are required. The request will include the type of activity requiring the fire watch, and the dates/times when such services are requested.
b. 
In emergent situations, requests to the Town for fire watch services by the Fire Department shall be made as necessary to the Fire Chief or his designee who may accommodate such request in a reasonable manner in his discretion.
c. 
The Fire Chief or his designee shall determine the number of Fire Department personnel and vehicles to be assigned to the fire watch.
Rates of compensation for contracting for Fire Department services are established as follows:
a. 
Rate of compensation per hour for each Fire Department person on site:
Monday to Friday
First 8 hours
$55 per hour (4 hr. min.)
Per hour after first 8 hours
$60 per hour
Saturdays/Sundays/Holidays*
$65 per hour (4 hr. min.)
NOTES:
*
For purposes of this section, holidays shall be: New Year's Day, Martin Luther King's Birthday, Washington's Birthday, Lincoln's Birthday, Good Friday, Easter, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.
b. 
Fee for fire vehicle (other than fire engine truck) and fuel per eight-hour shift or part thereof: $250 per vehicle per shift.
c. 
Fee for fire engine truck and fuel per eight-hour shift or part thereof: $500 per vehicle per shift.
d. 
Additional fee of $10 per hour is hereby established to cover administrative costs, overhead, and out-of-pocket expenses of the Town.
In the event that the person or entity requesting the services of the Kearny Fire Department fails to contact the Kearny Fire Department at least 24 hours prior to the scheduled start time to cancel the job, the Town is entitled to be paid for a minimum of four hours at the rates set forth in Subsection 3-97.4.
The Fire Chief or his designee shall have the authority to order any Fire Department personnel engaged in fire watch services within the Town to respond to an emergency situation within the Town. The Fire Chief or his designee shall also have the right to order any fire watch assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the citizens of the Town. In these instances the entity requesting the fire watch services shall not be responsible for the payment of the hourly rate, administrative fee or any other fees to the Town until such time as the Kearny Fire Department returns to the "fire watch" assignment.
[1973 Code § 22-220; Ord. No. 4-11-95]
The Kearny Fire Department, through its trained and certified personnel, shall be authorized and empowered to provide emergency medical service in conjunction with their duties of employment.