[Ord. #1041-2015]
There is hereby created in and for the Borough of Brielle, in
the County of Monmouth and State of New Jersey, a Police Department.
The Police Department shall be known as the "Brielle Police Department."
The Brielle Department which shall consist of no more than a
Chief of Police, and one Captain, one Lieutenant, (5) Sergeants, a
maximum of (8) Police Officers, and (3) Special Law Enforcement Officers
to be appointed to these positions by the Chief of Police at the approval
of the Public Safety Committee with the budgetary approval of the
Governing Body, as public need may require.
The creation of these positions shall not require the Public
Safety Committee to fill each position and any position hereunder
established may, in the sole discretion of the Public Safety Committee,
remain vacant.
a.
In addition, the Police Department may employ clerical personnel
and other employees to assist its officers in preserving peace and
good order in the Borough.
b.
In cases of emergency the Chief of Police may make temporary appointments
until the next meeting of Council, and in the absence of the Chief
for any reason, emergency appointments shall be made by the Public
Safety Committee.
[Ord. #1041-2015]
In accordance with N.J.S.A. 40A:14-118, the Public Safety Committee
of the Borough of Brielle is hereby designated as the Appropriate
Authority and is hereby vested with the powers and duties of an Appropriate
Authority as delegated by law. The Public Safety Committee shall also
serve as the hearing officer for all disciplinary hearings within
the Department, unless as designee is appointed and approved by the
Governing Body.
The Public Safety Committee shall be defined as follows: The
Chairman of said Committee shall be the Police Commissioner and the
other two members shall be Deputy Police Commissioners, these two
members shall be appointed by the Chairman to serve as Fire Commissioner
and First Aid Commissioner. While collectively functioning as the
Public Safety Committee, each commissioner shall be directly responsible
for their specific area of public safety.
[Ord. #1041-2015]
There is hereby created within the Department of Police the
position of Chief of Police, who shall be appointed by the Mayor and
Council. The Chief of Police shall be directly responsible to the
Public Safety Committee as the appropriate authority for the efficiency
and routine day-to-day operations thereof, pursuant to policies established
by the appropriate authority under N.J.S.A. 40A:14-118.
a.
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the force and its
officers and personnel.
b.
Have, exercise, and discharge the functions, powers and duties of
the force.
c.
Prescribe the duties and assignments of all subordinates and other
personnel.
d.
Delegate such of his authority as he may deem necessary for the efficient
operation of the force to be exercised under his direction and supervision;
and
e.
Report at least monthly to the appropriate authority in such form
as shall be prescribed by such authority on the operation of the force
during the preceding month, and make such other reports as may be
requested by such authority.
[Ord. #1041-2015]
The Public Safety Committee as the "Appropriate Authority" shall,
from time to time as may be necessary, adopt and amend the rules and
regulations for the government and discipline of the Police Department
and employees thereof. Said rules and regulations may fix and provide
for the enforcement of such rules and regulations and the enforcement
of penalties for the violation of such rules and regulations. All
employees of the Police Department shall be subject to such rules
and regulations and penalties.
[Ord. #1041-2015]
Discipline of employees and police officers will be imposed
consistent with New Jersey State statutes and the Rules and Regulations
of the Brielle Police Department. Employees may be subject to discipline
for violating laws, statutes, ordinances, rules and regulations and
written directives.
[Ord. #1041-2015]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The selection
criteria for a police officer shall be established in the Department
Policy consistent with New Jersey Statutes.
[Ord. #1041-2015]
Members of the Brielle Police Department shall be permitted
to accept employment as safety or security personnel for private employers
only during off-duty hours and at such times as will not interfere
with the efficient performance of regularly scheduled or emergency
duty for the Borough.
Any person or entity wishing to employ off-duty police officers
shall first obtain the approval of the Chief of Police, which approval
shall be granted if, in the opinion of the Chief, such employment
would not be inconsistent with the efficient functioning and good
reputation of the Brielle Police Department, and would not unreasonably
endanger or threaten the safety or health of the officer or officers
who are to perform the work.
All private employers shall pay directly to the Borough's
Chief Municipal Financial Officer the hourly sum of $90 per officer
for the work performed.
If additional work time is required due to unanticipated circumstances
and such work is approved by the Police Chief, or his representative,
the private employer shall be liable for payment to the Borough for
all such additional hours worked at the specified rate of $90 per
hour and shall indicate his prior consent in writing to the Chief
of Police or his representative.
[Ord. #1041-2015]
The Borough of Brielle shall appoint Special Law Enforcement
Officers pursuant to N.J.S.A. 40A:14-146.8 et seq.
[Ord. #769, § 1]
Shall mean the Borough of Brielle, County of Monmouth and
State of New Jersey.
Shall mean Chief of Police of the Borough of Brielle.
Shall mean the Mayor of the Borough of Brielle.
Shall mean the designee of the Chief or head of the Police
Department in the absence of the Chief.
[Ord. #769, § 2; Ord. #890]
a.
Be it enacted by the Borough of Brielle, in the County of Monmouth,
an ordinance establishing the participation of the Borough of Brielle
in a County-wide compact which shall be known as the "Monmouth County
Mutual Aid Agreement."
This subsection is created pursuant to N.J.S.A. 40:48- 1(6)
and N.J.S.A. 40A:14-156.1 and is adopted as a reciprocal agreement
with all municipalities participating in the County-wide municipal
compact. Pursuant to this agreement, the municipality of Brielle shall
render assistance to any participating municipality by providing members
of the Brielle Police Department, upon request, to help preserve the
public peace and order.
The municipality requesting assistance shall compensate the
officers at an agreed-upon rate by forwarding payment to the municipality,
which will then compensate those officers who rendered assistance.
b.
In the event that a member of the Brielle Police Department is injured
while rendering assistance to a participating municipality, the municipality
providing assistance shall be primarily responsible for any costs
as a result of injury and shall be responsible for all expenses incurred
as a result of a worker's compensation claim filed by the injured
officer.
This ordinance is separate and distinct from any mutual aid
agreements previously entered into between the Borough of Brielle
and any other municipalities and shall remain in full force and effect
until specifically repealed by an affirmative act of the Governing
Body of the Borough of Brielle.
[Ord. #769, § 3]
A copy of this section shall be kept on file and made available
for public inspection at the Borough Clerk's Office located at
601 Union Lane, Brielle, New Jersey, during regular business hours.
[Ord. #8; 1972 Code § 14-1]
The Fire Department of the Borough shall consist of Brielle
Fire Company No. 1.
[Ord. #8; 1972 Code § 14-2]
The Company shall have charge of all fire apparatus belonging
to the Borough.
[Ord. #8, 1972 Code § 14-3]
Active members shall be determined by the record of attendance
and service at fires. Active members shall be present at every alarm
of fire or be excused by the Foreman of the Company in writing to
the Chief for each nonattendance.
[Ord. #8; 1972 Code, § 14-4]
A volunteer company shall consist of such volunteer fire organization
as may now and hereafter exist in the Borough.
[Ord. #8; 1972 Code § 14-5]
There shall be a Chief, Assistant Chief of the Fire Department
and such other subordinate officers as are designated by the Council.
[Ord. #8; 1972 Code § 14-6]
The Chief and Assistant Chief shall be elected annually by the
Fire Company duly assembled for that purpose on the first Thursday
of December in the meeting room of the Fire Company; the votes of
a majority of the members present and voting at such election shall
be sufficient to elect such officers. The election of these officers
shall be confirmed by Council, and they shall hold their respective
offices at the pleasure of the Council. Any vacancy shall be filled
by the Council, the appointee to hold office until the next election.
[Ord. #8; Ord. #308, 1972 Code § 14-7]
No person shall become a member of this Company unless he be
recommended and approved by a two-thirds majority vote of the members
of the Company as a person to be appointed a fireman and who shall
in all other respects be qualified to become a member of the Company.
[Ord. #8; 1972 Code § 14-10]
Each member shall receive a metallic badge upon the terms and
specifications hereinafter specified.
[Ord. #8; 1972 Code, § 14-11; § 14-12;
§ 14-13; § 14-15]
a.
Examination and Repair of Fire Apparatus. The Chief shall devote
his time and attention to the faithful discharge of the duties of
his office. He shall examine at least once in each month, and oftener
if necessary, the engine house and all fire apparatus, and shall keep
in his office a record of the date of such examinations and of the
condition in which the engine house and apparatus were found by him,
and when any emergency repairs to any of said property shall be thought
necessary, the Chief shall have such repairs made and report same
to Council.
b.
Membership Records. The Chief shall keep an accurate record of the
names of the officers and members of the Fire Department and of all
appointments, resignations and removals of firemen.
c.
At Fires. The Chief shall, in all cases of fire threatening damage
or destruction of property within the Borough, take prompt and efficient
measures and use the means of the Department to extinguish the same,
and shall, at such times and on occasions of alarms of fire, have
sole and absolute control of the Fire Department and persons aiding
and assisting the Department in cases of actual fire.
d.
In Regard to Fire Prevention and Fires of Incendiary Origin. The
Chief shall inquire into all violations of the provisions of this
section or of any law of the State or ordinance of the Borough relating
to the prevention or extinguishment of fires, and shall cause such
legal proceedings to be had as shall prevent the continuance of the
same. He shall investigate the cause of all fires which may take place
within the Borough, and if the result of such inquiry shall satisfy
him that the fire was of incendiary origin, he shall report to the
Mayor that there are good and sufficient grounds of presumption that
the fire so occurring was caused by design, and it shall thereupon
be lawful for the Mayor to offer such reward as he may deem advisable,
or as the Council shall recommend, for the discovery and apprehension
of the incendiary, such reward to be paid on conviction of the person
or persons so offending.
[Ord. #8; 1972 Code § 14-14]
In the absence of the Chief, the Assistant Chief shall assume
command, and in the event of his absence, the next senior officer
present.
[Ord. #8; 1972 Code § 14-16]
It shall be the duty, subject to the direction of the Chief,
of all members of the Fire Department to prevent all persons not belonging
to the Department from entering any house or handling any apparatus
belonging to the Department, except as is hereinafter provided. Every
person not a fireman who shall be present at a fire shall be subject
and obedient to the orders of the Chief or the Assistant Chief or
the Mayor, or any member of the Fire Department acting under their
direction in extinguishing the fire, preserving order and the removal
of property.
[Ord. #8; 1972 Code § 14-17]
The Fire Department may adopt such bylaws and regulations for
its government, subordinate to the ordinances of the Borough and not
inconsistent therewith, as it may deem useful and proper in the discharge
of its duties.
[Ord. #8; 1972 Code § 14-18]
Any fireman who shall be guilty of misconduct or negligent of
his duties as a fireman shall be reported by the Chief to the Council
and may be dismissed for such misconduct or neglect of duty.
[Ord. #8; 1972 Code § 14-20]
The Fire Department and members of the Fire Department shall
be under the immediate charge and direction of the Mayor and Public
Safety Committee of the Borough Council; subject, however, to the
ultimate control of the Borough Council. The Public Safety Committee
shall have the power and duty of the general charge, supervision and
direction of the Fire Department and the members thereof, and all
reports shall be made and transmitted to the Public Safety Committee
by the acting head of the Fire Department. All complaints against
the Fire Department, or members thereof, shall be first submitted
to the Public Safety Committee.
[Ord. #861, §§ 1 — 7]
a.
This subsection is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
The Home Rule Act, which directs municipalities to act for the health,
welfare, and safety of its citizens and to implement N.J.S.A. 15:8-1.1.
b.
Membership in a Volunteer Fire Company Company means membership in a Volunteer Fire Company organized pursuant to Title 15 of the Revised Statutes or Title 15A of the New Jersey Statutes, membership in a Volunteer Fire Company or similar organization constituted in a Fire District pursuant to N.J.S.A. 40A:14-70.1, membership in a Junior Fire Fighter's Auxiliary established pursuant to N.J.S.A. 40A:14-95, or nonpaid membership in a part-paid fire department or force established pursuant to Chapter 14 of Title 40A of the New Jersey Statutes.
c.
Any person desiring membership in a Volunteer Fire Company located
within the Borough of Brielle, shall complete in duplicate, filing
the same with the Volunteer Fire Company, and the Clerk of the Borough
of Brielle, an application, the form of which may be prescribed by
the Volunteer Fire Company, but which shall contain the following
information about the applicant:
1.
Name;
2.
Home address;
3.
Birth date;
4.
Social Security Number;
5.
Driver's License Number;
7.
Any conviction of violation of N.J.S.A. 2C:33-3, False Public Alarms;
8.
Any conviction of a crime or disorderly persons violation;
9.
Such other information as the Volunteer Fire Company deems relevant
to the application provided none of such information is prohibited
by law.
d.
Following the filing of such application, the Volunteer Fire Company
shall transmit one of the applications to the Chief of Police of the
Borough of Brielle who shall conduct an investigation to ascertain
the truth of the statements made by the applicant upon his/her application
and any such other investigation of the applicant's background
as he deems necessary for the protection of the public good. If, as
the result of such investigation, the applicant is found to have been
convicted of a violation of N.J.S.A. 2C:17-1a, b, c, or/and d. or
N.J.S.A. 2C:33-3 or any other crime or disorderly persons violation,
or any other information that would indicate the applicant may be
a threat to the health, safety or welfare of the community, the Chief
of Police shall report such information and the particulars thereof
to the Volunteer Fire Company and the Clerk of the Borough of Brielle.
e.
In connection with said investigation, the applicant shall submit
to fingerprinting, the Chief of Police is authorized to submit applicant's
fingerprint card and receive State criminal history record information
from the Division of State Police/State Bureau of Identification for
use in considering the suitability of all applicants covered under
this subsection.
f.
This subsection is intended to make the Volunteer Fire Company an
authorized agency as defined by N.J.A.C. 13:59-1.1.
g.
The above investigation by the Chief of Police shall be completed
within 30 days of receipt of the application and the fingerprinting
of applicant.
[Ord. #3; 1972 Code § 16-1]
There shall be established in the Borough a Board of Health,
in accordance with the provisions of "An Act to Establish, in This
State, Boards of Health and a Bureau of Vital Statistics, and to Define
Their Respective Powers and Duties," approved March 31, 1887 and supplements
thereto.
[Ord. #3; 1972 Code § 16-2]
The Board of Health shall consist of five members. All members
shall be appointed by the Mayor with approval of the Council and shall
hold office for three years, except in the case of vacancies. Vacancies
shall be filled in the same manner for any uncompleted terms of office.
[Ord. #3; 1972 Code § 16-3]
The Board of Health shall adopt rules and regulations for its
government, and shall elect a President from its members, and shall
appoint a Registrar of Vital Statistics who does not need to be a
member of the Board.
[Ord. #3; 1972 Code § 16-4]
The Board of Health may appoint a Secretary, Health Officer,
Plumbing Inspector and such other officers and assistants as the Board
of Health may deem necessary.
[Ord. #3; 1972 Code § 16-5]
The appointees of the Board of Health shall be governed by the
rules of the Board and may be removed for cause by the Board.
[Ord. #3; 1972 Code § 16-6]
The police officers of this Borough shall be special inspectors
and shall promptly report to the Board of Health every violation of
the health ordinances of this Borough which may come within their
observation or knowledge.
[Ord. #3; 1972 Code § 16-7]
The Board of Health shall not contract any debts beyond the
amount of the appropriations made for its use by the Council.
[Ord. #427; 1972 Code § 4-1]
There is hereby created a general board for the making of all
assessments for benefits accruing from local improvements in the Borough,
which Board shall be known as the "Board of Assessments", and each
member thereof shall be known as a "Commissioner of Assessments".
[Ord. #427; 1972 Code § 4-2]
The Board shall consist of five residents of the Borough in
no way interested in the particular assessments or improvements; provided,
in case any such improvement shall be of a general nature, affecting
the greater part of the properties in the Borough, none of the Commissioners
shall be disqualified by reason of the fact that they may own a property
or properties included in such assessment; and shall hold office for
one year from the first day of January, the date of or preceding the
date of their appointment, and until their successors shall be appointed
and qualified. The Board is authorized to adopt bylaws governing its
procedural operation. It shall select a Chairman from its members
and create and fill such other offices as it shall determine. It shall
have the power and authority to employ experts and a staff and to
pay for their services and such other expenses as may be necessary
and proper, not exceeding in all the amount appropriated by the Governing
Body for the use of the Board of Assessments.
[Ord. #427; 1972 Code § 4-3]
Before performing any of the duties of his office, each member
of the Board shall take, before an officer duly authorized to administer
oaths, an oath that he is a resident of the Borough and that he will
faithfully perform his duties.
[Ord. #427; 1972 Code § 4-4]
It shall be the duty of the Board of Assessments, when notified
of the completion of a local improvement in the Borough, any portion
of the cost of which is to be assessed upon lands in the vicinity
thereof benefited thereby, to examine the work and view all lands
and real estate in the vicinity of the local improvement and to determine
what lands and real estate have been benefited thereby, and thereupon
to fix a time and place for a hearing of all persons interested, notice
of which hearing shall be published in a newspaper circulating in
the Borough, at least 10 days before such hearing, and shall be mailed
by the Borough Clerk to the owners of all lands affected, directed
to the last known post-office addresses of such owners.
[Ord. #427; 1972 Code § 4-5]
At the time and place appointed for any such hearing, the Board
of Assessments shall attend and shall give all parties interested
or affected by the improvement ample opportunity to be heard upon
the subject of the assessment. Three members of the Board shall constitute
a quorum for the transaction of business and shall be sufficient to
make any assessment. Any hearing may be adjourned from time to time.
The Board of Assessments shall have power to examine witnesses under
oath or affirmation administered by any Commissioner. Upon the completion
of the hearing or hearings, the Board shall make a just and equitable
assessment of the benefits conferred upon any lands or real estate
by reason of such improvement, having due regard for the rights and
interests of all persons concerned, as well as for the value of the
lands and real estate benefited, and the peculiar benefit, advantage
or increase in value which the respective lots and parcels of land
and real estate shall be found to have received by reason of such
improvement. In no case shall any assessment of any parcel of land
exceed in value such peculiar benefit, advantage or increase in value.
[Ord. #427; 1972 Code § 4-6]
In addition to the making of assessments for benefits, the Board
of Assessments or a majority of the Board shall also at the same time
fix and determine the amount, if any, that any property is damaged
incidentally to the making of the local improvement, but exclusive
of damages for land taken, such determination to be made after a hearing
in each case, to be held as above provided in the case of assessment
for benefits; where such damages are determined in the case of a local
improvement, the amount thereof, if equal to or less than the amount
of the benefits assessed, shall be deducted from the amount of benefits.
Where the amount of damages exceeds the amount of benefits assessed
in the case of any such local improvement, then the amount of benefits
shall be deducted from the amount of damages, and the balance shall
be reported.
[Ord. #427; 1972 Code § 4-7]
When any improvement ordinance shall require the taking of any
lands or real estate or any rights or interests therein of any owner
thereof, after the passage of such ordinance and upon receiving from
the Borough Clerk of a copy of the ordinance duly attested by him,
together with a map showing in detail the location and dimensions
of such land proposed to be taken, the Board of Assessments or a majority
thereof shall make an award for the lands and real estate or right
or interest therein to be taken to the owner or owners thereof, after
hearings are held, upon notice, in the same way and manner as herein
provided in the case of assessments for benefits and awards for incidental
damages where no lands are to be taken, except that said award shall
be made before the commencement of the work of the improvement.
[Ord. #427; 1972 Code § 4-8]
As soon as the Board of Assessments shall have fixed and determined
the amount of all assessments or of all assessments and damages, as
the case may be, with respect to any local improvement, or the amount
of damages with respect to any general improvement, it shall make
a report in writing of its determination to the Borough Council.
[Ord. #427; 1972 Code § 4-9]
When any member of the Board of Assessments shall be the owner
of property affected by any local improvement for which the Board
shall be required to assess benefits, or the owner of any property
damaged by any local or general improvement for which the Board shall
be required to assess damages, or shall in any way be financially
interested in any property, or shall be temporarily disqualified from
acting with respect to any improvement, the Board of Assessments shall
report such a fact to this Council, and a temporary Commissioner of
Assessments may be appointed to act with respect to such improvement.
Whenever any Commissioner shall be permanently disqualified or shall
die or resign, his successor shall be appointed by the Borough Council
for the balance of his unexpired term.
[Ord. #427; 1972 Code § 4-10; New]
Each Commissioner of Assessments shall receive compensation
for his services as the Governing Body may fix and determine.
[Ord. #427; 1972 Code § 4-11]
In addition to the powers hereinabove specifically set forth,
said Board of Assessments shall have and be deemed to have all the
powers conferred upon such boards by any laws of the State of New
Jersey.
[Ord. #442; 1972 Code § 13-1]
The Environmental Commission of the Borough is hereby established
pursuant to N.J.S.A. 40:56A-1, et seq., as amended.
[Ord. #442, 1972 Code § 13-2]
The Environmental Commission shall consist of five members and
shall have all powers, duties and responsibilities set forth by Statute.
[Ord. #442; 1972 Code § 13-3]
The Governing Body may authorize and appropriate sums for the
expenses to be incurred by the Environmental Commission of the Borough
of Brielle.
[Ord. #511; 1972 Code § 33-1]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon or in the highways, parks or parkways of
the Borough shall be exercised and be under the authority of a Commission
consisting of five residents of the Borough, the commission to be
known as the "Shade Tree Commission of the Borough of Brielle". The
members of the Shade Tree Commission shall be appointed by the Mayor
with confirmation by the Council and shall serve without compensation.
[Ord. #511; 1972 Code § 33-2]
All appointments, except to fill vacancies, shall take effect
on January 1 annually for a full term of five years. Any vacancy occurring
in the membership of the Commission by reason of death, resignation
or removal of any Commissioner shall be filled for the unexpired term
by the Mayor with the confirmation of Council.
[Ord. #511; 1972 Code § 33-3; New]
The Shade Tree Commission shall organize within 30 days after
the appointment of its total membership annually by the election of
one of its members as Chairman and the appointment of a Secretary.
[Ord. #511; 1972 Code § 33-4]
The Shade Tree Commission shall have the power to:
a.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public highway, park or parkway,
except such as are excluded pursuant to N.J.S.A. 40:64-1, including
the planting, trimming, spraying, care and protection thereof.
b.
Regulate and control the use of the grounds surrounding the same,
so far as may be necessary for their proper growth, care and protection.
c.
Move or require the removal of any tree or part thereof dangerous
to public safety, at the expense of the owner of such tree.
d.
Care for and control parks and parkways; encourage arboriculture;
make, alter, amend and repeal any and all ordinances, rules and regulations
necessary or proper for carrying out the provisions of this section
and the provisions of N.J.S.A. 40:64-5, Powers of Commission.
e.
Administer treatment to, or remove, any tree which is situated upon
private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in care of the Borough;
and enter upon private property for that purpose, with the consent
of the owner thereof, provided that the suspected condition is first
confirmed by a certificate issued by or on behalf of the Department
of Agriculture.
