[Adopted 4-24-1974 by Ord. No. 8-74]
The incorporated limits of the Borough of Eatontown as now established under an act entitled "An Act to Incorporate the Borough of Eatontown, in the County of Monmouth," Chapter 4, Laws of New Jersey, 1926, shall constitute the fire district of this Fire Department.
The Fire Department of this Borough shall consist of the Eatontown Fire Department as now constituted or as hereinafter otherwise provided for, but additional companies for the extinguishing of fires may be admitted, or the number of companies reduced, from time to time, whenever the Council shall determine, after a public hearing, such additions or reductions to be for the welfare of the Borough.
[Amended 5-14-2003 by Ord. No. 9-2003]
The officers of said Department shall consist of a Chief, a First Assistant Chief, a Second Assistant Chief, a First Lieutenant, a Second Lieutenant, a Chief Engineer, Assistant Chief Engineer, Fire Police Captain and Fire Police Lieutenant and such other officers as said Department may deem necessary or as may be provided for by the constitution or bylaws of said Department or of the company or companies composing said Department.
On the first Tuesday in December in each year said Fire Department shall elect the officials enumerated in § 31-3 of this article and such other officers as may be provided for by the constitution or bylaws of said Department, all of whom shall hold office for one year from the first day of January next ensuing.
Said election shall be held at the Municipal Building in the evening of the day above stated at the time and in such manner as the said Department may provide for the election of other officers of said Department. A statement of the result of the election shall be signed by the Secretary and submitted for confirmation to the Council at its next regular meeting.
[Amended 5-14-2003 by Ord. No. 9-2003]
If a vacancy shall arise among the officers, a committee, consisting of the officers and five ex-Chiefs, appointed by the President of the Department, will meet and determine the best action to take and present to the company for approval at the next meeting.
All persons who are active members of said Department, in good standing, shall have the right to vote, which right shall be determined by a list of the members of the respective companies duly verified by affidavit, to be furnished by the Secretaries of the respective companies.
The Chief or, in case of his absence, the officer then in charge of said Department, shall be in charge of and responsible for the care and operation of the fire apparatus, equipment and fire alarm system and it shall be his duty to see that no fire apparatus is used for any unnecessary trial of speed or power.
The Chief may delegate to the Engineer the responsibility for the care and operation of the fire apparatus, equipment and fire alarm system, and it shall likewise be the duty of the Engineer to instruct the duly elected Assistant Engineers in the care, operation and driving of the fire apparatus.
In case of a fire outside the fire district, the fire apparatus shall not leave the fire district unless by permission of the Chief, or ranking member in charge by the Fire Department bylaws, or Mayor or member of the Borough Council, and then only upon the request of the Fire Department of the community or municipality requesting aid.
It shall be the duty of the Chief or the Engineer under his direction to examine at least once a month the fire apparatus and all the appliances in use for extinguishing fires and report their condition in writing to the Council at least quarterly. He shall also make an annual report in writing to said Council at the end of each year, giving a detailed account of such fires as may have occurred, the cause of such fires and such other information as he may think proper. He shall use all means of the Department to extinguish fires which may occur and shall have the sole and absolute control and command over the fire apparatus and all members of the Fire Department in case of actual fire, or whenever called into active service, and he shall have control over all other fire apparatus and persons aiding and assisting the Department in case of fire in the Borough. He shall have general control over the members of the Fire Department and all fire apparatus belonging to the Borough at all other times, subject to the approval of the Council.
The Chief shall attend all fires which occur within the Borough and is hereby empowered and required to take charge of any building or buildings which may be on fire or in immediate danger of becoming on fire, to admit only such persons, whether firemen or otherwise, to said building or buildings as he may deem necessary and to superintend and direct the removal and preservation of all endangered property.
In the case of absence or disability of the Chief, the command of the Department and all the duties of said Chief shall devolve upon the First Assistant Chief, and in the absence of the First Assistant Chief shall devolve upon the highest ranking officer of the Department who is present.
The Chief and/or Fire Marshal shall examine any property which is or may become a fire hazard, any public building and any partially burned property which is or may become dangerous to life, and may order the abatement or removal of same. Any person refusing to comply with such order of the Chief or Fire Marshal shall be deemed guilty of a violation of this article.
The Council may at any time for cause shown in writing remove, suspend or expel any member or officer of the Fire Department or of any company by a majority vote of all the members of the Council, after having given said member or officer an opportunity to be heard publicly before said Council.
The several companies of the Fire Department shall have the power to provide for the election of their fire-fighting officers and members, and manage their own affairs, subject to the constitution, bylaws, rules and regulations of said Department, and the approval of the Council, if said Council shall see fit to exercise such right of approval in the interest of the general welfare of the Borough; provided, however, no officer or official elected by any of said companies or by the Fire Department shall assume office until confirmation by the Borough Council.
[Amended 5-14-2003 by Ord. No. 9-2003]
All candidates proposed for membership shall reside in the Borough of Eatontown or the Township of Shrewsbury (while Eatontown Fire Department provides primary fire protection for Shrewsbury Township) for a period of one year consecutively proceeding the date of application. The exception of one-year residency requirement is to active duty military residing in the Borough, township and Fort Monmouth. All applicants shall be between the ages of 18 and 40, shall be of good character and good standing. A person who has been convicted of a violation of Subsection a, b, c or d of N.J.S.A. 2C:17-1, concerning arson and arson related offenses, is ineligible for membership in the Eatontown Fire Department. A person who is convicted of a violation of N.J.S.A. 2C:33-3, concerning false public alarms, is ineligible for membership in the Eatontown Fire Department for a period of 10 years from the date of the conviction.
[Added 8-4-1993 by Ord. No. 20-93]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MEMBERSHIP IN A VOLUNTEER FIRE COMPANY
Membership in a Volunteer Fire Company organized pursuant to Title 15 of the New Jersey Revised Statutes or Title 15A of the New Jersey Statutes Annotated; membership in a Volunteer Fire Company or similar organization constituted in a fire district pursuant to N.J.S.A. 40A:14-70.1; membership in a junior firefighter's auxiliary established pursuant to N.J.S.A. 40A:14-95; or nonpaid membership in a part-paid fire department or force establishment pursuant to Chapter 14 of Title 40A of the New Jersey Statutes Annotated.
B. 
This article is intended to consider the volunteer fire companies operating in the Borough of Eatontown as an authorized agency as the term is defined by N.J.A.C. 13:59-1.
C. 
Contents of application.
[Amended 5-14-2003 by Ord. No. 9-2003]
(1) 
Any person desiring membership in the Volunteer Fire Company shall complete in duplicate, filing the same with the Volunteer Fire Company, an application, the form of which may be prescribed by the Volunteer Fire Company, but which shall contain the following information about the applicant:
(a) 
Name.
(b) 
Home address.
(c) 
Birth date.
(d) 
Social security number.
(e) 
Driver's license number.
(f) 
Any conviction of violation of N.J.S.A. 2C:17-1:
[1] 
Aggravated arson.
[2] 
Arson.
[3] 
Failure to control or report dangerous fire.
[4] 
Directly or indirectly paying or accepting any form of consideration for the purpose of starting a fire or explosion.
(g) 
Any conviction of violation of N.J.S.A. 2C:33-3, False public alarms.
(h) 
Any conviction of a felony, disorderly person's offense or discharge from the military other than under honorable conditions.
(i) 
Such other information as the volunteer fire company deems relevant to the application, provided that none of such information is prohibited by law.
(2) 
The application provided by the Volunteer Fire Department must include a separate provision to be signed by the applicant, which states that the applicant acknowledges and approves of an investigation into any criminal record the applicant may have as a prerequisite to being approved for membership in the Volunteer Fire Department operating in the Borough of Eatontown.
D. 
Processing of application. Following the filing of such application, the Volunteer Fire Company shall transmit one of the applications to the Chief of Police of the Borough of Eatontown or other appropriate designated official, who shall conduct an investigation to ascertain the truth of the statements made by the applicant in the application, as well as any such other investigation of the applicant's background as the Chief or other appropriate designated official deems necessary for the protection of the public good. If as a result of such investigation the applicant is found to have been convicted of a violation of Subsection a (Aggravated arson), b (Arson), c (Failure to control or report dangerous fire) or d (Paying or accepting consideration to start fire or explosion) of N.J.S.A. 2C:17-1 or N.J.S.A. 2C:33-3 concerning false public alarm, the latter of which resulted in a conviction within the last 10 years of the filing of the application, the applicant shall automatically be considered ineligible for membership. If the result of the investigation discloses any other violation set forth more fully in § 31-18C(1) of this article or any other information that would indicate the applicant may be a threat to the health, safety or welfare of the community, the Chief of Police or other appropriate designated official shall report such information and particulars thereof to the Volunteer Fire Company as well as any professional concerns or recommendations. The Fire Department shall weigh heavily such a report of convictions, violations, information, particulars and recommendations made by the Chief of Police or other appropriate designated official to determine acceptance of the applicant for membership purposes.
[Amended 5-14-2003 by Ord. No. 9-2003]
E. 
Fingerprinting of applicant. In connection with said investigation, the applicant shall submit to fingerprinting, and the Chief of Police or other appropriate designated official is authorized to submit the applicant's fingerprint card and receive state criminal history record information from the Division of the State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this article.
[Amended 5-14-2003 by Ord. No. 9-2003; 4-24-2013 by Ord. No. 05-2013]
F. 
All members of the Eatontown Volunteer Fire Department shall be subject to new fingerprinting and background checks every three years from the date of adoption of this ordinance[1] or from the date of becoming a member, whichever is greater in time.
[Added 4-24-2013 by Ord. No. 05-2013[2]]
[1]
Editor’s Note: "This ordinance" refers to Ord. No. 05-2013, adopted 4-24-2013.
[2]
Editor’s Note: Pursuant to this ordinance, former Subsection F was redesignated as Subsection G.
G. 
The above investigation by the Chief of Police or other appropriate designated official shall be completed within 60 business days of receipt of the application and the fingerprinting of the applicant.
[Amended 5-14-2003 by Ord. No. 9-2003]
Each member of the Fire Department who attends not less than 60% of the fire calls and drills for a period of seven years shall be entitled to an exempt fireman's certificate, which certificate shall be signed by the Mayor and Borough Clerk and the Chief of the Fire Department and which shall entitle said member to be considered as an exempt fireman and to wear an exempt fireman's badge.
Any person who shall cause to be given any false alarm of fire in this Borough or who shall meddle with, injure or destroy any of the property appertaining to or belonging to said Fire Department or fire alarm system, shall be punished as provided in this article.
Any person who shall willfully drive or cause to be driven any vehicle over any hose or other fire apparatus or equipment or who shall in any manner and at any time willfully damage, deface or injure any hose or other apparatus or equipment, shall be punished as provided in this article.
All fire apparatus shall be subject to provisions of the Traffic Act of the State of New Jersey, but when answering an alarm of fire shall have the right-of-way over all vehicles on the street or highways except ambulances. No person or persons shall interfere, impede or delay in any manner any fire apparatus in the Borough of Eatontown, and any person violating this section shall, upon complaint of any officer of the Department or company member, be punished as provided in this article.
[Added 5-14-2003 by Ord. No. 9-2003[1]]
A. 
Any member of the Volunteer Fire Company who violates any of the requirements of membership under § 31-17 after becoming a member shall be terminated as a member by the Fire Department, and, should the company fail to act on such termination, the Borough Council may act pursuant to § 31-15.
B. 
The Fire Department may terminate membership for a conviction of violation of N.J.S.A. 2C:33-3, False public alarms, N.J.S.A. 2C:17-1, Arson and arson related offenses or for any reason permitted by the constitution and bylaws of the Eatontown Engine, Truck And Hose Company. The Council may also act pursuant to the aforesaid provision in accordance with § 31-15.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 31-23 as § 31-23.1.
[Amended 5-14-2003 by Ord. No. 9-2003]
Any person or persons who shall violate any provisions of this article shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.