[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
A.
This chapter is hereby enacted pursuant to N.J.S.A. 40A:14-156.1,
which authorizes municipalities to enter into mutual aid and assistance agreements
for police services in cases of emergencies.
B.
The County of Ocean consists of 33 municipalities, 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 Lavallette,
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.
C.
The Borough of Lavallette, together with each of the
aforementioned municipalities in the County of Ocean, has agreed to formalize
and refine existing practice by entering into mutual aid agreements.
Pursuant to N.J.S.A. 40A:14-156 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 has an emergency
within its boundaries requiring additional police assistance to protect life
and property, and whenever any of the aforementioned municipalities experiences
a similar emergency.
A.
For the purposes of this chapter, the term “emergency”
shall include:
(1)
Situations in which the number of available police officers
in a participating municipality is insufficient to meet with public need in
order to protect life and property;
(2)
Situations where police aid is required to satisfy a
need for special expertise or training in order to protect life and property;
or
(3)
Situations of riot or disorder in which assistance is
needed to suppress said riot or disorder.
B.
No formal declaration of emergency is required to implement
the provisions of the mutual aid agreement.
The Director of Public Safety, Chief of Police 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.
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.
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 municipality requesting assistance when aid is
being rendered therein. Said members shall also have, while so acting, such
rights and immunities as they may otherwise enjoy in the performance of their
normal duties in the municipality rendering such assistance.
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 a 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.
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, workers' 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.
A.
A municipality receiving police assistance hereunder
pursuant to the terms of the County Critical Incident 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 providing the necessary manpower, equipment
and supplies on an ongoing annual basis pursuant to the terms of the County
Critical Incident Management Plan.
B.
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.
