[HISTORY: Adopted by the City Council of the City of Cape May as Sec. 13-1 of the 1997 Revised General Ordinances. Amendments noted where applicable.]
[Amended 9-21-2004 by Ord. No. 07-2004; 4-5-2005 by Ord. No. 25-2005; 9-19-2006 by Ord. No. 78-2006]
A. 
Established; appointments. There shall be a Police Department in and for the City of Cape May, the head of which shall be the Chief of Police, and which may consist of up to two Lieutenants; up to six Sergeants; up to one Captain; up to 18 full-time patrolmen; and such number of special police officers as may be required. The Chief of Police shall be appointed by the City Manager. All other members of the Police Department shall be appointed by the City Manager with due consideration to the recommendations of the Chief of Police.
[Amended 6-4-2019 by Ord. No. 377-2019; 6-7-2023 by Ord. No. 502-2023]
B. 
Residency priority. Before any person shall be appointed as a member of the Police Department, priority of eligibility for initial appointment shall be determined pursuant to N.J.S.A. 40A:14-123.1a.
C. 
Appropriate authority. The City Manager shall be designated as the appropriate authority as provided in N.J.S.A. 40A:14-118. The appropriate authority shall adopt and promulgate rules and regulations for the governance of the Police Department and for the conduct and discipline of its members.
D. 
Initial appointments of entry level police officers may also, at the sole discretion of the appointing authority, be made in accordance with the provisions of N.J.S.A. 11A:4-1.3, and provided that person meets the requirements for the desired title and has successfully completed the full Basic Course for Police Officers at a school approved and authorized by the New Jersey Police Training Commission.
[Added 10-5-2021 by Ord. No. 444-2021]
[Amended 9-21-2004 by Ord. No. 07-2004]
The Chief of Police shall:
A. 
Be the executive head of the Police Department, subject to the direction and supervision of the City Manager, and be responsible for the proper and efficient operation of the Department and the supervision of its activities.
B. 
Be responsible for the observation and enforcement of all laws of the state and ordinances within the jurisdiction of the Police Department and the enforcement of the rules and regulations of the Police Department and perform such other duties as prescribed by ordinance of the City Council.
C. 
See that all persons connected with the Department are properly instructed in their duties, giving particular attention to the training and instruction of new members.
D. 
Have under his or her control all records and property of the Police Department and designate any members of the Department to prepare reports and keep records in such manner as the Chief may prescribe, as well as take charge of such property and any other property coming into the custody of the Department.
E. 
Furnish to the City Council and City Manager complete monthly and yearly reports of Police Department matters.
Each applicant for a position as an officer or member of the Police Department of the City of Cape May shall:
A. 
Be a citizen of the United States.
B. 
Be not less than 18 and not more than 35 years of age.
[Amended 11-14-2005 by Ord. No. 53-2005; 6-7-2023 by Ord. No. 502-2023]
C. 
Be sound in body and of good health sufficient to satisfy the Board of Trustees of the Police Retirement System of New Jersey that he is eligible to membership in the system.
D. 
Be able to read, write and speak the English language well and intelligently.
E. 
Be of good moral character, having never been convicted of a crime involving moral turpitude.
F. 
In accordance with N.J.S.A. 52:17B-68, serve a probationary period pending his successful completion of the Police Training Course at a New Jersey Police Training School.
G. 
Pursuant to the provisions of the New Jersey Police Licensure Act, N.J.S.A. 52:17B-66 et seq., effective January 1, 2024, all current and future law enforcement officers employed by the Police Department of the City of Cape May must hold a valid, active license issued by the Police Training Commission (PTC) in order to be employed as a police officer in the State of New Jersey.
[Added 12-5-2023 by Ord. No. 523-2023]
[Amended 9-21-2004 by Ord. No. 07-2004]
Each full-time officer appointed to the Police Department of the City may pursue other employment outside of the duty hours as prescribed by the Chief of Police and approved by the City Manager.
[Amended 9-21-2004 by Ord. No. 07-2004]
The rights, privileges, powers, and duties of the members of the Police Department, including temporary officers and special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the City of Cape May, such rules and regulations as may be promulgated by the appropriate authority and general orders of the Chief of Police. 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, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.
B. 
Administer and enforce laws and ordinances to regulate, direct, 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 for such purposes make and enforce rules and regulations not inconsistent with state law or the ordinances of the City.
C. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the City, 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. 
Respond to all fire alarms and assist the fire company in the protection of life and property, in regulating traffic, maintaining order, and in enforcing observance of the Fire Prevention Code. The Chief of the Fire Company may request the officer in charge at the time of any emergency to provide the assistance of additional officers in emergencies.
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 efficiency of the members of the Department.
The working hours of the personnel of the Police Department shall be in accordance with the four-platoon system, working eight hours per day.
A. 
No members shall be promoted to or hold any superior rank within the Police Department until that member has served at least three years therein.
B. 
Each regular police officer shall hold office and continue in employment during good behavior and efficiency, and no person shall be removed from office or employment for any cause other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter established for the Department, or absence from duty without just cause for five days or more.
Upon appointment, there shall be furnished to each police officer a complete issue of uniforms, badges and equipment at the expense of the City, which shall remain the property of the City and which shall be maintained by the officer in a clean usable condition.
A. 
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 before the appointing authority in accordance with Title 40A and Title 4A, N.J.A.C.
B. 
The Chief of Police shall, however, have the power to relieve from duty any Department member for a violation of any provision of this chapter or any rule governing the Police Department until such time as the complaint and charge against such member has been disposed of by a formal hearing.
[Amended by Ord. No. 774; 9-21-2004 by Ord. No. 07-2004]
A. 
Special law enforcement officers may be appointed by the City Manager for a term not exceeding one year. Special law enforcement officers shall serve as permitted by statute. Those appointed for terms of four months or less, however, shall serve at the pleasure of the City Manager.
B. 
Classes of officers.
(1) 
Pursuant to the Special Law Enforcement Officers' Act,[1] two classes of special law enforcement officers may be appointed to serve the functions hereinafter noted:
(a) 
Class 1. Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties, and further, are authorized to arrest for petty disorderly and disorderly offenses, violations of municipal ordinances, and violations of Title 39 of the New Jersey Statutes Annotated. The use of a firearm by any officer of this class is prohibited, and no officer of this class shall be assigned duties which may require the carrying or use of a firearm.
(b) 
Class II. Officers of this class are 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 required by the Police Training Commission.
[1]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
(2) 
In the City of Cape May, not more than 15 Class I officers and not more than 20 Class II officers may be appointed.
C. 
Special law enforcement officers shall be under the supervision of the Chief of Police who shall define the powers, rights and duties of the special law enforcement officers in accordance with the Special Law Enforcement Officers' Act[2] and this section.
[2]
Editor's Note: See N.J.S.A. 40A:14-146.8 et seq.
D. 
No person shall be appointed a special law enforcement officer unless he meets the eligibility requirements set forth in the Special Law Enforcement Officers' Act.
E. 
Every special law enforcement officer shall be fingerprinted, and his fingerprints shall be filed with the New Jersey State Police and FBI. Reports shall be made by the Chief of Police to the appointing authority concerning eligibility and qualifications of any person proposed to be appointed as a special law enforcement officer.
F. 
All requirements of the Special Law Enforcement Officers' Act concerning certification, training, limits on hours or employment, and similar matters shall be applicable to the special law enforcement officers appointed by the appointing authority. The Chief of Police may, on behalf of the appointing authority, designate one Class One or one Class Two special law enforcement officer to whom the statutory limitation on hours of employment shall not be applicable.
G. 
Pursuant to the provisions of the New Jersey Police Licensure Act, N.J.S.A. 52:17B-66 et seq., effective January 1, 2024, all current and future law enforcement officers employed by the Police Department of the City of Cape May must hold a valid, active license issued by the Police Training Commission (PTC) in order to be employed as a police officer in the State of New Jersey.
[Added 12-5-2023 by Ord. No. 523-2023]
[Added 7-18-17 by Ord. No. 324-2017]
A. 
Establishment. There is hereby established Division of Code Enforcement within the Police Department. The Division's primary function shall be enforcement of the ordinances of the City of Cape May, including but not limited to animal control, property maintenance and zoning and planning. In executing that function the Division of Code Enforcement may call upon the sworn Police Department or other law enforcement officers for such assistance as is necessary.
B. 
Code officers and staff. All civilian Code Enforcement Officers shall be appointed by the City Manager, with the advice of the Chief of Police. The Division of Code Enforcement shall be staffed with such further civilian Code Enforcement Officers and civilian clerical staff as, from time to time, are appointed by the City Manager. Each Code Enforcement Officer appointed hereunder shall be considered a "Code Enforcement Officer" as that term is used in Rule 7:2-2(a)(3) of the New Jersey Court Rules.
C. 
Line of authority. All code enforcement officers and clerical staff of the Division of Code Enforcement shall report to the Chief of Police, or his/her designee. The Chief shall develop a Standard Operating Procedure outlining the respective duties and responsibilities of the Code Enforcement Officers and setting operational priorities.
D. 
Applicability of Police Department ordinances. Except as otherwise specifically may be set forth in the ordinances of the City of Cape May, or by the laws of the State of New Jersey, all ordinances governing the Cape May Police Department also shall govern the Division of Code Enforcement. The Chief of Police, in his sole and absolute discretion, may exempt the Division of Code Enforcement from coverage of any or all portions of the Cape May Police Department rules and regulations (also known as the "Police Manual"). The Code Enforcement Official and the subordinate Code Enforcement Officers and clerical staff of the Division of Code Enforcement shall not be deemed to be sworn members of the Police Department within the meaning of any provision of Title 40A, Chapter 14, of the Revised Statutes of New Jersey.
[Added 3-1-2022 by Ord. No. 454-2022]
Terms and conditions for performance of extra-duty details. All patrol officers, sergeants and Lieutenants ("Cape May police officers") employed by the City of Cape May Police Department may be permitted to perform extra-duty details for police-related matters for private or public entities subject to all of the following terms and conditions:
A. 
The compensation from the private persons or entities to the Cape May police officers shall be fixed at $100 per hour. For nonprofit entities, the rate shall be $50 per hour.
B. 
The City of Cape May shall make arrangements, with the person or entity for whom such services are to be provided, for the collection of amounts on a periodic basis, which may be weekly, biweekly or monthly. All extra details will be covered by contract between the City of Cape May and the requesting party, and contracts will be executed by the Chief of Police and the City Manager or their designees.
C. 
The Cape May Police Department shall submit time reports on a weekly, biweekly or monthly basis, as determined by agreement between the private person or entity and the City of Cape May. The private person or entity shall then validate the time reports and submit copies to the Treasurer for payment.
D. 
In the event the City anticipates substantial extra-duty detail, the City may require an escrow account be established with the City for the estimated cost of the services based upon the hourly rate set forth in Subsection A above. If such account falls below a level which is determined by the Treasurer to be reasonably necessary to ensure continued payment, no additional services will be provided.
E. 
The City shall exercise direction and control over the Cape May police officers performing work for the private person or entity. The Cape May police officer assigned to such outside work will remain within the chain of command of the Cape May Police Department. The Chief of Police or their designee shall define the duties to be performed by Cape May police officers in consultation with the private person or entity and the City Manager.
F. 
The outside work shall not interfere with the regular duties and scheduling of the Cape May police officers, including any necessary overtime for police matters.
G. 
In order to be eligible for off-duty employment, a police employee must be in good standing with the Department.
H. 
Written agreement required. The City and the private person or entity requesting the services hereunder shall enter into a written agreement, consistent with the provisions of this article, in form and content satisfactory to the City Solicitor, prior to the provision of any services hereunder.
I. 
Both the City and each of the Cape May police officers reserve the right, in their sole and absolute discretion, to reject any and all assignments for outside work by any private persons or entities contemplated by this article.
J. 
The City further reserves the right, in its sole and absolute discretion, to modify or discontinue this policy at any time, and it shall be deemed an absolute and unilateral right of the City of Cape May and not an established past practice for collective bargaining purposes.