[HISTORY: Adopted by the Township Committee of the Township of Middle
8-1-1996 as Ord. No. 970-96. Amendments noted where applicable.]
GENERAL REFERENCES
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.
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The County of Cape May consists of 16 municipalities, 12 of which have
municipal police departments operating for or within the Borough of Avalon,
City of Cape May, Township of Lower, Township of Middle, City of North Wildwood,
City of Ocean City, City of Sea Isle City, Borough of Stone Harbor, Borough
of West Cape May, Borough of West Wildwood, City of Wildwood, or the Borough
of Wildwood Crest, which regularly interact and provide assistance to each
other in police related emergencies.
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Each of the aforementioned municipalities of the County of Cape
May wish to formalize and refine existing practice by entering into mutual
aid agreements.
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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.
