[HISTORY: Adopted by the Township Committee of the Township of Middle 8-1-1996 as Ord. No. 970-96. Amendments noted where applicable.]
Personal watercraft — See Ch. 191.
Effective July 1, 1996, state law authorizes municipalities and other political subdivisions of the state to adopt ordinances regulating the operation of personal watercraft. Since the navigable waters under the jurisdiction of the Township of Middle join those of the City of Sea Isle City and those of the Borough of Avalon, an effective patrolling and enforcement policy requires a mutual aid agreement among the three municipalities. Since neither the City of Sea Isle City nor the Township of Middle have the present means with which to patrol the waters under their jurisdiction, and since the Borough of Avalon does have such capability, and since the waters of the Township of Middle and the City of Sea Isle City adjoin those of the Borough of Avalon, and since the Borough of Avalon has expressed a willingness to provide certain patrolling and enforcement services, it is in the interest of all three municipalities to enter into a mutual aid agreement providing for such patrolling and enforcement activities. A mutual aid agreement among said municipalities for said purpose has been determined by the Township of Middle to be in the public interest and will promote and protect the public health, safety and welfare.
The Township of Middle is authorized to enter into a mutual aid agreement with the City of Sea Isle City and the Borough of Avalon for the purpose expressed in Section 29-1 hereof. Said agreement shall be prepared and/or approved by the Township Solicitor of the Township of Middle and shall be formally approved by resolution of the Township Committee of the Township of Middle. Upon approval, the Mayor is authorized, directed and empowered to execute said mutual aid agreement on behalf of the township and the Township Clerk is authorized, directed and empowered to attest to same and to affix the township seal thereto.
The initial term of the mutual aid agreement shall be one year commencing July 1, 1996 through June 30, 1997. Said agreement may thereafter be renewed or extended for additional terms of one year each, provided that such renewal or extension is approved by resolution of the Township Committee and by similar approvals by the governing bodies of the City of Sea Isle City and the Borough of Avalon.
Enforcement officers of the Borough of Avalon shall be authorized to issue a summons for a violation and, in appropriate cases, to make arrests for violations occurring on the waterways subject to the jurisdiction of the municipalities entering into this agreement. The mutual aid agreement shall authorize enforcement personnel of the Borough of Avalon to issue summonses and make arrests within the territorial limits of the Township of Middle for violations occurring therein. All three municipalities shall take such further or additional action as may be required by the insurance carriers or underwriters providing liability insurance coverage to the municipalities and their respective personnel.
The services to be provided by the Borough of Avalon pursuant to the mutual aid agreement authorized by this Article shall be carried out under the direction and supervision of the Director of Public Safety of the Borough of Avalon, in consultation with the Director of Public Safety of the Township of Middle.
[Adopted 11-2-1995 by Ord. No. 946-95]
Whereas, N.J.S. 40A:14-156.1, et seq., authorizes municipalities to enter into mutual aid and assistance agreements for police protection services in cases of emergencies; and N.J.S. 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. 40A:14-156.1.
Pursuant to N.J.S. 40A:14-156, N.J.S. 40A:14-156.1, et seq., and N.J.S. 40A:14-146.14c, there is hereby established mutual aid agreements among and between this municipality and each of the aforementioned municipalities in the County of Cape May, New Jersey, which shall become effective upon the adoption by one or more of the aforementioned municipalities (hereafter referred to as "signatory municipalities") or reciprocal ordinances to provide mutual police aid 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.
For purposes of this chapter, the term "emergency" shall be broadly defined and shall include situations in which the number of available police officers in a signatory 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 signatory municipalities 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 aid. A copy of the SOP, and all amendments and revisions thereto, shall be filed with each Police Department and the respective Clerks of each signatory municipality.
The Chief of the Police Department of a signatory municipality, or in his or her absence, the highest ranking officer in the chain of command, is hereby authorized to request assistance from the Chief of the Police Department of any other signatory municipality to provide aid in accordance with this agreement and existing SOP.
A signatory 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. Each providing municipality retains the right to withdraw personnel or equipment if emergent conditions so warrant. The decision of the providing municipality's Chief Executive Officer, or in his or her absence, the highest officer 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 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 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 aid is eight man hours or less within any one-month period, or in instances in which the requesting municipality receives state or federal aid by way of reimbursement. In all other circumstances, the cost incurred in excess of eight man hours shall be submitted to the requesting municipality for reimbursement.
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 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 agreement is in full force and effect, the signatory municipalities shall maintain sufficient general liability insurance for personal injury and property damage, and sufficient liability insurance for law enforcement activities that are provided in the requesting municipality.
This Article shall take effect upon final passage and publication according to law of this Article and reciprocal ordinances by the Cape May County municipalities identified above. This Article should not be construed to require all 12 municipalities to simultaneously adopt reciprocal ordinances. Rather, mutual aid may commence in increments as each municipality becomes a signatory to this agreement.
This Article supersedes and rescinds all prior ordinances, resolutions or enactments governing mutual aid between the township and any other municipality.