[HISTORY: Adopted by the Mayor and Council of the Borough
of Northvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-10-2021 by Ord. No. 1044-2021]
A. N.J.S.A. 40A:14-156 et seq. authorize municipalities to enter into
mutual aid and assistance agreements for police, fire, first aid or
ambulance squad services in cases of emergencies;
B. N.J.S.A. 40A:14-146.14c authorizes municipalities to utilize special
law enforcement officers as well as regular, full-time officers when
a mutual aid agreement has been enacted in accordance with N.J.S.A.
40A:14-156.1;
C. The Borough of Northvale and surrounding municipalities regularly
interact and assist each other in police, medical or fire emergencies;
and
D. Each of the participating municipalities may wish to formalize and
refine existing practice by entering into mutual aid agreements.
Pursuant to N.J.S.A. 40A:14-26, 40A:14-156, 40A:14-156.1 et
seq., and 40A:14-146.14c, there are hereby established mutual aid
agreements among and between municipalities which shall become effective
upon the adoption of 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 participating municipalities may experience a similar emergency.
For purposes of this article, 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 Mayor, 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.
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 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 article 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 article supersedes and rescinds all prior ordinances, resolutions,
enactments or agreements governing mutual aid between those municipalities
who have adopted ordinances reciprocal to this article.