[HISTORY: 1968 Code Chapter 2 §§ 2-1 —
2-11 as amended through 12-28-2015. Amendments noted where applicable.]
[Ord. No. 816, 5-22-1996]
Pursuant to N.J.S. 40A:14-26, N.J.S. 40A:14-156, N.J.S. 40A:14-156.1,
et seq., and N.J.S. 40A:14-146.14c., there are hereby established
mutual aid agreements among and between this municipality and each
of the aforementioned municipalities in the County of Cape May, New
Jersey, which shall become effective upon the adoption by one or more
of the aforementioned municipalities (hereinafter referred to as "participating
municipalities") of reciprocal ordinances to provide mutual aid in
the police, firefighting or emergency medical (hereinafter "EMS")
services in case of emergency. This agreement shall apply whenever
this municipality may have an emergency within its boundaries requiring
additional police, firefighting or EMS assistance to protect life
and property and whenever any of the aforementioned municipalities
may experience a similar emergency.
For purposes of this Ordinance No. 816, the term "emergency"
shall be broadly defined and shall include situations in which the
number of available police officers, firefighters or EMS officials
in a participating municipality is insufficient to meet the public
need in a particular situation. No formal declaration of emergency
is required to implement the provisions of the mutual aid agreement.
The Chiefs or Heads of the participating municipalities, Police Departments,
Fire Departments and First Aid or Ambulance Squads shall jointly prepare
written standard operating procedures (hereinafter referred to as
"SOP") which shall address procedures for the day-to-day implementation
of mutual police, firefighting or EMS aid. A copy of the SOP and all
amendments and revisions thereto shall be filed with each Police Department,
Fire Department and EMS organization, along with the respective clerks
of each participating municipality and with the appropriate dispatching
authorities with the county.
The Chief or Head of the Police Department, Fire Department
or EMS organization of a participating municipality or, in his or
her absence, the highest ranking official in the chain of command,
is hereby authorized to request assistance from the Chief or other
Head of the Police Department, Fire Department or EMS organization
of any other participating municipality to provide aid in accordance
with this agreement and existing SOP.
A participating municipality shall provide police, firefighting
or EMS assistance when a valid request in accordance with this agreement
to supply personnel is made, to the extent possible without endangering
persons or property within the confines of the providing municipality.
Each providing municipality retains the right to withdraw personnel
or equipment if emergent conditions so warrant. The decision of the
providing municipality's Chief Executive Officer or, in his or
her absence, the highest ranking official in the chain of command,
with respect to the extent and duration of aid to a requesting municipality
which can be afforded without endangering persons or property within
the providing municipality shall be binding.
Each municipality adopting an ordinance reciprocal to this Ordinance
No. 816 shall, prior to adoption, obtain the written consent of its
volunteer fire company(ies), if any, and volunteer EMS organization(s),
if any, to be bound by the terms of this ordinance for as long as
the volunteer organizations continue to supply services in their parent
municipality.
The members of the providing municipality's Police Department,
Fire Department or EMS organization supplying aid shall have the same
powers, authority, rights and immunities as the members of the police,
firefighting or EMS force of the requesting municipality when aid
is being rendered therein; however, the highest ranking, full-time
regular officer of the requesting municipality present at the scene
shall assume command.
The providing municipality shall assume the cost and expense
of providing its personnel and equipment to the requesting municipality
pursuant to this agreement if the duration of the aid is eight man-hours
or less within any one month period. If the requesting municipality
receives state or federal aid by way of reimbursement for a particular
incident, it shall distribute said funds among the providing municipalities
for that incident on a pro rata basis, depending upon the man-hours
of each. The costs incurred in excess of eight man-hours by any providing
municipality shall be submitted to and paid by the requesting municipality
as reimbursement.
Members of the police, firefighting or EMS force of the providing
municipality suffering injury, or their legal representatives, if
death results while rendering assistance in the requesting municipality,
shall be entitled to all such benefits they would have realized if
injury or death had occurred in the performance of the normal duties
in their own municipality, with such benefits to be provided by the
providing municipality.
So long as this mutual aid agreement is in full force and effect,
the participating municipalities shall maintain general liability
insurance in the minimum amount of $1,000,000 for personal injury
and $500,000 for property damage and liability insurance for police
enforcement and firefighting activities in the minimum amount of $1,000,000
and shall annually provide each of the other participating municipalities
with certificates of insurance showing said insurance is in full force
and effect. Said insurance shall be applicable to damage or injury
resulting from the actions or conduct of the personnel of any providing
municipality, as well as of the personnel of any requesting municipality.
This Ordinance No. 816 shall take effect upon final passage
and publication according to law. It shall become effective with respect
to this municipality's activities with another participating
municipality when such other participating municipality has adopted
an ordinance reciprocal to this one, and such ordinance has become
effective in that municipality.
This Ordinance No. 816 supersedes and rescinds all prior ordinances,
resolutions, enactments or agreements governing mutual aid between
those municipalities who have adopted ordinances reciprocal to this
Ordinance No. 816.