[HISTORY: Adopted by the City Council of the City of Long Branch 12-8-1983 by Ord. No. 1139 (Ch. IV of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 5.
Fire Department — See Ch. 45.
Personnel — See Ch. 75.
[Amended 8-10-1993 by Ord. No. 23-93; 11-9-2000 by Ord. No. 45-00; 9-24-2002 by Ord. No. 42-02; 5-11-2004 by Ord. No. 13-04; 6-27-2017 by Ord. No. 11-17; 6-12-2018 by Ord. No. 12-18; 6-12-2019 by Ord. No. 8-19; 4-28-2021 by Ord. No. 8-21; 6-23-2021 by Ord. No. 13-21; 12-11-2024 by Ord. No. 24-24]
A. 
The Public Safety Directory shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
B. 
In accordance with N.J.S.A. 40A:14-118, the Director of Public Safety shall be the head of the Police Department and shall be directly responsible to the Mayor for its efficiency and day-to-day operations.
C. 
Police Department of the City of Long Branch may consist of the following:
(1) 
Three Police Captains.
(2) 
Eight Police Lieutenants.
(3) 
Fourteen Police Sergeants.
(4) 
Sixty-seven Patrolmen.
(5) 
Any such other probationary officers, police matrons, traffic officers, school traffic officers, officers and employees as the Council will from time to time authorize.
D. 
Ranking officers; applicable regulations.
(1) 
The officer in charge, designated by the Director of Public Safety, shall be the highest-ranking law enforcement officer of the Police Department and shall be subject to such rules regulations and directives as may be prescribed by the Director of Public Safety.
(2) 
In the event that the officer in charge is absent from his/her office, the Director of Public Safety shall designate an acting officer in charge.
[Amended 9-27-1994 by Ord. No. 47-94; 10-27-1998 by Ord. No. 36-98]
All applicants for appointment to the Police Department shall be qualified for appointment as required by law, ordinance and Civil Service rules and regulations.
[Amended 8-9-1994 by Ord. No. 40-94; 11-28-2000 by Ord. No. 47-00; 7-10-2007 by Ord. No. 25-07; 6-12-2019 by Ord. No. 8-19; 4-28-2021 by Ord. No. 8-21]
A. 
Divisions. For the purpose of administration and efficiency, the Police Department is divided into four divisions:
(1) 
Patrol Division.
(2) 
Investigations Division.
(3) 
Support Services Division.
(4) 
Professional Standards Division.
B. 
Organization. The organization of the Police Department shall be as promulgated by the appropriate authority, or his designee.
C. 
Command. The assignment of duties and functions of each of the divisions of the Police Department shall be as promulgated by the Director of Public Safety or his duly authorized designee.
[Amended 4-28-2021 by Ord. No. 8-21]
[Amended 6-12-2018 by Ord. No. 12-18; 6-12-2019 by Ord. No. 8-19; 4-28-2021 by Ord. No. 8-21]
The Director of Public Safety shall promulgate such rules and regulations as he deems necessary for the government and efficient working of the Long Branch Police Department to include, but not be limited to, matters relating to discipline, training efficiency and use and care of equipment and apparatus.
[Amended 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
No person shall be appointed a police officer unless he/she is:
A. 
A citizen of the United States.
B. 
Not less than 18 nor more than 35 years of age.
C. 
Of sound body and in good health. He/she shall be certified at the City's expense by the Police Physician that he/she is in good health and that his/her hearing, eyesight and general physical condition are such that he/she is physically capable of performing the duties required of him/her.
D. 
Able, to read, write and speak the English language understandably.
E. 
Of good moral character. No person shall be appointed who has been convicted of any crime involving moral turpitude which in the judgment of the Director of Public Safety would be prejudicial to the morale of the Police Department.
F. 
Has successfully completed four years of accredited high school work or the equivalent thereof of private, vocational or other school credits.
G. 
Has filed a verified application on forms furnished by the Director of Public Safety with all questions answered within the time period fixed by the Director of Public Safety.
H. 
He/she shall be subject to a psychiatric examination.
I. 
He/she shall comply with the residence requirements adopted by Council.
J. 
If you served in the military service, you must show proof of an honorable or general discharge.
[Amended 4-28-2021 by Ord. No. 8-21]
A. 
All duly qualified applicants for the position or positions to be filled as a member of the Police Department of the City of Long Branch shall be appointed by the following classifications:
(1) 
Class I: residents of the municipality.
(2) 
Class II: other residents of the county in which the municipality is situate.
(3) 
Class III: other residents of the state.
(4) 
Class IV: all other qualified applicants.
B. 
Within each such classification, duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within six months prior to making application to such municipality who fulfill the requirements of N.J.S.A. 40A:14-123.1 and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application shall be placed in Class III.
C. 
All applicants falling in Class I shall be appointed first, and then those in each succeeding class in the order above listed, and no person shall be appointed to fill a vacancy until all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
D. 
Pursuant to the provisions of Title 11 of the Revised Statutes,[1] the classes of qualified applicants defined in Subsection A of this section shall be considered as separate and successive lists of eligible, and the Civil Service Commission shall, when requested to certify eligible for positions specified in this section, make such certifications from said classes separately and successively, and shall certify no person from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
[1]
Editor's Note: L. 1986, c. 112 enacted new Title 11A, Civil Service, and repealed former Title 11, Civil Service. (See N.J.S.A. 11A:12-3.)
E. 
This section shall apply only to initial appointments and not to promotional appointments of persons already members of the Police Department.
F. 
In making temporary appointments, the Police Department may utilize the classifications set forth in Subsection A of this section and shall certify accordingly all duly qualified applicants for the positions to be temporarily filled.
[Amended 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
Police officers shall not accept outside employment or engage in outside business activities without the prior approval of the Director of Public Safety. They may not engage in any employment or business activity that has any direct or indirect contract or connection with the City of Long Branch. An application for permission to accept outside employment shall be made in writing. The application shall set forth pertinent information concerning the type of activity to be engaged in, the name and address of the prospective employer and the hours of such employment. No application for permission to accept outside employment shall be approved if there is any reasonable probability that the outside employment will interfere with the police officer's performance or compromise the police officer's position through a conflict of interest or if such employment shall exceed 20 hours per week.
Each member of the Police Department shall, before entering upon the performance of his/her duties, take and subscribe an oath to bear true faith and allegiance to the government established in this state, to support the Constitution of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Clerk.
[Amended 8-28-1990 by Ord. No. 26-90; 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
A. 
The Public Safety Director shall be the administrative head of the Police Department. In the temporary absence or disability of the Director of Public Safety, the City Business Administrator, or his duly authorized designee, shall act in the Director of Public Safety's place.
B. 
The control and discipline of the Police Department and of its members and responsibility and control of the day-to-day operations of the Department shall be vested in the Director of Public Safety.
C. 
The Director of Public Safety, with the assistance of other members of the Department who shall be detailed for this purpose, shall keep comprehensive records of the work of the Department in such form and detail as required by its rules and regulations.
[Amended 6-12-2018 by Ord. No. 12-18]
The City Council shall designate a local physician who shall assist in the official capacity of Police Physician.
The Police Department shall:
A. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the city, suppress riots, mobs and insurrections, unlawful or dangerous assemblages and preserve order at all elections and public meetings and assemblages.
B. 
Administer and enforce laws and ordinances to regulate, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the city for such purpose.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the city; and inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.
D. 
Provide proper police attendance and protection at fires.
E. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county governments.
F. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
[Amended 6-27-1994 by Ord. No. 30-94; 10-27-1998 by Ord. No. 36-98; 6-12-2018 by Ord. No. 12-18]
The Records Bureau of the Police Department shall direct members of the general public that request to be fingerprinted to the State of New Jersey approved vendor, IdentoGO by Morpho Trust, for any services.
[Amended 4-25-1995 by Ord. No. 18-95; 10-27-1998 by Ord. No. 36-98; 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
A. 
Any local unit may, as it deems necessary, appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by local ordinances authorized by N.J.S.A. 40A:14-118 or ordinance or resolution, as appropriate, authorized by N.J.S.A. 40A:14-106 and within the conditions and limitations as may be established pursuant to this act.
B. 
A person shall not be appointed as a special law enforcement officer unless the person:
(1) 
Is a citizen of the United States of America;
(2) 
Is a resident of this state during the term of appointment;
(3) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
(4) 
Is sound in body and of good health;
(5) 
Is of good moral character;
(6) 
Has not been convicted of any crime or offense involving dishonesty or which would make him unfit to perform the duties of his office;
(7) 
Has successfully undergone the same psychological testing that is required of all full-time police officers in the municipality or county or, with regard to a special law enforcement officer hired for a seasonal period by a resort municipality which requires psychological testing of its full-time police officers, has successfully undergone a program of psychological testing approved by the New Jersey Police Training Commission.
C. 
Every applicant for the position of special law enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
D. 
No person shall be appointed to serve as a special law enforcement officer in more than one local unit at the same time, nor shall any permanent, regularly appointed full-time police officer of any local unit be appointed as a special law enforcement officer in any local unit. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the local unit or supervision of the Police Department of a local unit shall be appointed as a special law enforcement officer.
E. 
Before any special law enforcement officer is appointed pursuant to this act, the Director of Public Safety, or, in the absence of the Director other chief law enforcement officer of the local unit shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the appointing authority.
F. 
In addition to the qualifications established in Subsection B of this section, a person shall not be appointed as a Class Three special law enforcement officer unless the person:
(1) 
Is a retired law enforcement officer who is less than 65 years of age; for the purposes of this subsection, a law enforcement officer shall not be considered retired if the officer's return to employment violates any federal or state law or regulation which would deem the officer's retirement as not being bona fide;
(2) 
Had served as a duly qualified, fully trained, full-time officer in any municipality or county of this state or as a member of the State Police and was separated from that prior service in good standing, within three years of appointment, except during the first year following the effective date of P. L. 2016, c. 68, was separated from that prior service within five years of appointment;
(3) 
Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines;
(4) 
Possesses a New Jersey Police Training Commission Basic Police Officer Certification or New Jersey State Police Academy Certification;
(5) 
Has completed the training course for safe schools resource officers developed pursuant to Subsection a of Section 2 of P.L. 2005, c. 276 ( N.J.S.A. 52:17B-71.8); and
(6) 
Is hired in a part-time capacity.
For the purposes of this subsection, "good standing" shall exclude a retirement resulting from injury or incapacity.
G. 
A person shall not commence the duties of a special law enforcement officer unless the person has successfully completed a training course approved by the New Jersey Police Training Commission, and a special law enforcement officer shall not be issued a firearm unless the officer has successfully completed the basic firearms course approved by the New Jersey Police Training Commission for permanent, regularly appointed police and annual requalification examinations as required by Subsection b of Section 7 of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). There shall be three classifications for special police officers. The New Jersey Police Training Commission shall prescribe by rule or regulation the training standards to be established for each classification. Training may be in a New Jersey Police Training Commission approved academy or in any other training program which the New Jersey Police Training Commission may determine appropriate. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:
(1) 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by ordinance or resolution, as appropriate, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class Two. 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. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the New Jersey Police Training Commission.
(3) 
Class Three. 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 or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.
H. 
The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P. L. 1985, c. 439 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm 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.
(1) 
The New Jersey Police Training Commission may, in its discretion, except from the requirements of this section any person who demonstrates to the New Jersey Police Training Commission's satisfaction that the person has successfully completed a police training course conducted by any federal, state or other public or private agency, the requirements of which are substantially equivalent to the requirements of this act.
(2) 
The New Jersey Police Training Commission shall certify officers who have satisfactorily completed training programs and issue appropriate certificates to those officers. The certificate shall clearly state the category of certification for which the officer has been certified by the New Jersey Police Training Commission.
(3) 
All special law enforcement officers appointed and in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act.
I. 
Every special law enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the local unit in which the officer is employed. The uniform shall also include an insignia issued by the New Jersey Police Training Commission which clearly indicates the officer's status as a special law enforcement officer and the type of certification issued.
(1) 
Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the local unit for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the local unit, and their powers and duties as determined pursuant to this act shall cease at the expiration of the term for which appointed.
(2) 
No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Director of Public Safety, or, in the absence of the Director, other chief law enforcement officer of the local unit to carry a firearm and provided that the officer has satisfactorily completed the basic firearms course required by the New Jersey Police Training Commission for regular police officers and annual requalification examinations as required for permanent, regularly appointed full-time officers in the local unit.
(3) 
A special law enforcement officer shall be deemed to be on duty only while he is performing the public safety functions on behalf of the local unit pursuant to this act and when he is receiving compensation, if any, from the local unit at the rates or stipends as shall be established by ordinance. A special law enforcement officer shall not be deemed to be on duty for purposes of this act while performing private security duties for private employers, which duties are not assigned by the Director of Public Safety, or, in the absence of the Director, other chief law enforcement officer of the local unit, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Director of Public Safety or, in the absence of the Director, other chief law enforcement officer, to perform public safety functions for a private entity if the Director of Public Safety or other chief law enforcement officer supervises the performance of the public safety functions.
(4) 
Any firearm utilized by a special law enforcement officer shall be returned at the end of the officer's workday to the officer in charge of the station house, unless the firearm is owned by the special law enforcement officer and was acquired in compliance with a condition of employment established by the local unit. Any special law enforcement officer first appointed after the effective date of this act shall only use a firearm supplied by the local unit.
(5) 
A special law enforcement officer shall be under the supervision and direction of the Director of Public Safety or, in the absence of the Director, other chief law enforcement officer of the local unit wherein the officer is appointed; and shall perform his duties only in the local unit except when in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes or when authorized to perform duties in another unit pursuant to a mutual aid agreement enacted in accordance with Section 1 of P.L. 1976, c. 45 (N.J.S.A. 40A:14-156.1).
(6) 
The officer shall comply with the standard operating procedures and rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the City of Long Branch Police Department, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
(7) 
Notwithstanding any provision of P. L. 1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.), to the contrary, a special law enforcement officer may travel through another local unit to reach a noncontiguous area of the local unit in which his appointment was issued or to transport persons to and from a correctional facility.
J. 
The Director of Public Safety, or, in the absence of the Director, other chief law enforcement officer of the local unit wherein the officer is appointed, may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the local unit, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations, not inconsistent with the certification requirements of this act, as may be established by local ordinance or resolution, as appropriate, adopted by the appropriate authority of the local unit in which they are employed.
K. 
Special law enforcement officers shall be assigned as needed by the Director of Public Safety or designee.
L. 
Class I officers shall be empowered to direct traffic, handle crowd/spectator control and be empowered to issue summonses for petty disorderly persons offenses, as well as traffic and City ordinance violations.
M. 
All special law enforcement officers shall receive training as prescribed by the New Jersey Police Training Commission.
N. 
All compensation for special law enforcement officers shall be set annually through the City's salary ordinance.
The hours of employment of uniformed members of the Police Department shall not exceed eight consecutive hours in any one day nor 40 hours in any one week, provided that in case of an emergency, the officer, board or other official having charge or control of the Police Department or the police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.
[Amended 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
A. 
Each regular police officer shall hold office and continue in employment during good behavior, efficiency and compliance with applicable residence requirements in the city, and no person shall be removed from office or employment for any cause other than physical or mental incapacity, misconduct, neglect of duty, nonresidence where residence is required, conduct unbecoming a police officer, disobedience of the rules and regulations established or hereafter established for the Department or absence from duty without just cause for five days or more.
B. 
If in the judgment of the Director of Public Safety a member of the regular police force shows deviation from normal physical or mental health, the Director of Public Safety may require said individual to undergo individual psychological or physical examinations as to aid in determining the individual's physical or emotional capacity. Before an individual is ordered to submit to a psychological examination, he/she is entitled to a statement of the reasons for said examination and to a hearing, if requested. The New Jersey State Civil Service Law and the Civil Service Rules of the State of New Jersey applicable to municipalities shall provide the basic framework for the procedures to be utilized in connection with such hearings. Any member of the Department may be suspended, removed, fined or reduced from his office or employment for just cause upon due notice and service of written charges and a hearing.
[Amended 9-13-1994 by Ord. No. 41-94; 10-27-1998 by Ord. No. 36-98]
All applicants for appointment to or for promotion within the Police Department shall be qualified for appointment or promotion as required by law, ordinance and Civil Service rules and regulations.
[Amended 6-12-2018 by Ord. No. 12-18; 4-28-2021 by Ord. No. 8-21]
Each member of the Police Department may, at the request of the Director of Public Safety or his duly authorized designee, within three years from the date of this enactment of this section and once every five years thereafter, undergo a psychological examination; said examination shall be performed in the same manner as that administered at the time of hiring of said officer. In the event that, as a result of said examination, it is determined that such member of the Long Branch Police Department is unable to fulfill the obligations and duties of a member thereof, said individual shall be subject to temporary or permanent suspension or removal.
[Amended 6-12-2019 by Ord. No. 8-19]
A. 
Establishment of office, The Office of Chaplain of the Police Department of the City of Long Branch is hereby established.
B. 
Appointment. All Chaplains of the Police Department shall be appointed by the appropriate authority. Upon appointment, all Chaplains shall become members of the Police Department of the City of Long Branch, with or without rank, as designated by the governing body.
C. 
Qualifications. No person shall be appointed a Chaplain of the Police Department unless he shall be an ordained clergyman in good standing in the religious body from which he is selected.
D. 
Salary. The salary of the Office of Chaplain, if any, shall be fixed by the governing body and shall be payable in the same manner as in the case of other members of the Police Department.
E. 
Terms of office. The term of office shall be as designated by the governing body. However, any Chaplain may be removed or suspended from office by the appropriate authority for any of the following reasons: incapacity, misconduct, neglect of duty, nonresidence where residence is required, conduct unbecoming a chaplain, disobedience of the rules or regulations established or hereafter established for the Department or absence from duty without just cause for five days or more.
[Added 2-28-1989 by Ord. No. 98-89; amended 6-12-2018 by Ord. No. 12-18; 6-12-2019 by Ord. No. 8-19; 4-28-2021 by Ord. No. 8-21]
There is hereby established within the City of Long Branch the position of Parking Enforcement Officer. All Parking Enforcement Officers of the City of Long Branch shall be appointed by the appropriate authority following certification of the eligibility and qualifications of an applicant for such position by the Director of Public Safety.
A. 
Minimum qualifications. No person may be appointed as a Parking Enforcement Officer unless, at a minimum, the person:
(1) 
Is a resident of the State of New Jersey during the term of appointment and at least 18 yearsold;
(2) 
Is able to read, write and speak the English language well and intelligently;
(3) 
Is of sound mind and in good health;
(4) 
Is of good moral character; and
(5) 
Has not been convicted of any offense involving dishonesty or which would make the person unfit to perform the duties of his office.
B. 
Power and authority of office.
(1) 
Parking Enforcement Officers appointed pursuant to the terms and conditions of this section shall enforce state, county and municipal statutes, resolutions, ordinances and regulations relating to the parking of vehicles within the City of Long Branch. In addition, Parking Enforcement Officers shall possess the power and authority to:
(a) 
Issue a parking ticket for a parking offense, as those two terms are defined in the Parking Offenses Adjudication Act (N.J.S.A. 39:4-139.2 et seq.);
(b) 
Serve and execute all process for any parking offenses issuing out of the Municipal Court of the City of Long Branch; and
(c) 
Cause any vehicle parked, stored or abandoned in the City of Long Branch in violation of a state statute, county or municipal resolution, ordinance or regulation to be towed away from the scene of the violation and to collect from the vehicle owner or the owner's agent, on behalf of the City, the cost of the towing and subsequent storage of the vehicle before surrendering the vehicle to the owner or agent.
(2) 
A Parking Enforcement Officer appointed pursuant to the provisions of this section shall not be considered a special law enforcement officer within the meaning of the Special Law Enforcement Officers' Act (N.J.S.A. 40A:14-146.8 et seq.) and is not a member of the Long Branch Police Department. No Parking Enforcement Officer may carry or use a firearm while on duty. A Parking Enforcement Officer is deemed to be on duty while the officer is performing the public safety functions enumerated in Subsection B(1) hereinabove.
C. 
Completion of training course. No person appointed after the effective date of this chapter may commence duties as a Parking Enforcement Officer unless the person has successfully completed a training course conducted or approved by the City. The City Council, in its sole discretion, may waive this training requirement for any person otherwise eligible to be appointed as a Parking Enforcement Officer if the person possesses substantially equivalent training and background as determined by the Director of Public Safety.