[Ord. No. 99-02, Preamble]
N.J.S.A. 40A:14-156, 156.1, 156.2, & 156.3, authorizes municipalities
to enter into mutual aid and assistance agreements for police services
in cases of emergencies.
The County of Ocean consists of thirty-three (33) municipalities,
thirty-two (32) of which have municipal police or fire departments
operating for or within the Township of Barnegat, Borough of Barnegat
Light, Borough of Bay Head, Borough of Beach Haven, Borough of Beachwood,
Township of Berkeley, Township of Brick, Township of Dover, Borough
of Harvey Cedars, Borough of Island Heights, Township of Jackson,
Township of Lacey, Borough of Lakehurst, Township of Lakewood, Borough
of Lavallette, Township of Little Egg Harbor, Township of Long Beach,
Township of Manchester, Borough of Mantoloking, Borough of Ocean Gate,
Township of Ocean, Borough of Pine Beach, Township of Plumsted, Borough
of Point Pleasant, Borough of Point Pleasant Beach, Borough of Seaside
Heights, Borough of Seaside Park, Borough of Ship Bottom, Borough
of South Toms River, Township of Stafford, Borough of Surf City, Borough
of Tuckerton, and Township of Eagleswood, which regularly interact
and provide assistance to each other in police related emergencies.
Each of the aforementioned municipalities in the County of Ocean
wish to formalize and refine existing practice by entering into mutual
aid agreements.
[Ord. No. 99-02 § 1]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1 et seq.,
there are hereby established mutual aid agreements among and between
this municipality and each of the aforementioned municipalities in
the County of Ocean, 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 police services in case of emergency. This
agreement shall apply whenever this municipality may have an emergency
within its boundaries requiring additional police assistance to protect
life and property, and whenever any of the aforementioned municipalities
may experience a similar emergency.
[Ord. No. 99-02 § 2]
For purposes of this section, the term "emergency" shall be
defined to include situations in which the number of available Police
Officers in a participating municipality is insufficient to meet the
public need in a particular situation and situations where police
aid involving special expertise or training is required in order to
protect life and property or to assist in suppressing a riot or disorder.
No formal declaration of emergency is required to implement the provisions
of the Mutual Aid Agreement.
[Ord. No. 99-02 § 3]
The Chief or acting head of the Police Department or Mayor,
or Chief Executive Officer of a participating municipality, is hereby
authorized to request assistance from the Chief or other head of the
Police Department of any other participating municipality to provide
aid in accordance with N.J.S.A. 40A:14-156 et seq.
[Ord. No. 99-02 § 4]
A participating municipality shall provide Police 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.
[Ord. No. 99-02 § 5]
The members of the providing municipality's Police Department
supplying aid shall have the same powers, authority, rights and immunities
as the members of the Police force of the requesting municipality
when aid is being rendered herein. Said members shall also have, while
so acting, such rights and municipalities as they may otherwise enjoy
in the performance of their normal duties in the municipality rendering
such assistance.
[Ord. No. 99-02 § 6]
These mutual aid agreements established herein by and between
the aforementioned municipalities in the County of Ocean shall further
authorize mutual police aid and assistance under the County Critical
Incident Management Plan as established by the Ocean County Prosecutor,
as the Chief Law Enforcement Official in the County. The plan provides
for a response by specially trained regional Emergency Response/Special
Weapons and Tactics Team in the event of certain hostage, barricade,
sniper, high risk armed apprehensions, terrorist or similar situations
occurring within a municipality within the County of Ocean.
[Ord. No. 99-02 § 7]
Members of the Police 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 salary, pension rights, workmen's compensation or other benefits,
as they would have accrued if such injury or death had occurred in
the performance of duties in their own municipality, with such benefits
to be the responsibility of the providing municipality.
[Ord. No. 99-02 § 8]
A municipality receiving Police assistance hereunder pursuant
to the terms of the County Critical Incidental Management Plan shall
not be required to directly reimburse the regional team for services
so provided. The member municipalities shall however otherwise support
the function of the respective regional response teams by providing
the necessary manpower, equipment and supplies on an ongoing annual
basis pursuant to the terms of the County Critical Incident Management
Plan.
Where emergency Police aid is otherwise provided under circumstances
outside of the County Critical Incident Management Plan, reimbursement
shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and
conditions for reimbursement specifically agreed to between specific
municipalities.
[Ord. No. 99-02 § 9]
This section 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.