[HISTORY: Adopted by the Mayor and Council of the Borough of Spring Lake by Ord. No. 227 (§ 2-25 of the Revised General Ordinances), as amended through Ord. No. 25-2002. Subsequent amendments noted where applicable.]
A Police Department has been established in the Borough and may consist of the following police officers:
One Chief of Police.
One Police Captain.
One Police Lieutenant.
Three Police Sergeants.
One Detective whose duties shall be in addition to his duties as a police officer or as a police patrolman and whose qualifications must be determined and approved by the Chief of Police and the Chairman of the Police Department.
One Juvenile Officer whose duties shall be in addition to his duties as a police officer or as a police patrolman and whose qualifications must be determined and approved by the Chief of Police and the Chairman of the Police Department.
Police patrolmen as deemed necessary.
All members of the Police Department shall be governed by the rules and regulations of the most recent management plan adopted by the Mayor and Council.
The salary of the members of the Police Department shall be as established in the Salary Ordinance.
The Police Department shall be under the supervision of the Borough Council and under the immediate direction of the Police Committee of the Borough Council.
The Borough Council may by a supplemental ordinance prescribe and establish rules and regulations respecting such Department for the better government and discipline thereof.
The Chief of Police shall be the head of the police force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
Have, exercise, and discharge the functions, powers and duties of the force;
Prescribe the duties and assignments of all subordinates and other personnel;
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision;
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority;
Be responsible for the observation and enforcement of all laws of the state and ordinances within the jurisdiction of the Police Department; the enforcement of the rules and regulations of the Police Department; and shall perform such other duties as shall be prescribed by ordinance of the Borough Council and the laws of the State of New Jersey;
See that all persons connected with the Department are properly instructed in their duties and shall give particular attention to the training and instruction of new members thereof; and
Have under his control all records and property of the Police Department and designate any member of the Department to prepare these reports and keep the records in such manner as he may prescribe, as well as take charge of such property and any other property coming into the custody of the Department.
The Captain of Police shall, in addition to the duties required of all members of the Police Department, keep himself informed as to the operation and management of the Department and, in the absence or incapacity of the Chief of Police, the Captain shall become the temporary head of the Police Department, discharging all of the duties of the Chief of Police while acting as the temporary head of the Department. During the absence or incapacity of the Chief of Police, the members of the Police Department shall carry out all orders and instructions issued by the Captain.
The Lieutenant of Police shall, in addition to the duties required of all members of the Police Department, keep himself informed as to the operation and management of the Department and, in the absence of the Chief of Police, and the Captain, become the temporary head of the Police Department, discharging all of the duties of the Chief of Police while acting as the temporary head of the Department. During the absence or incapacity of the Chief of Police and the Captain, the members of the Police Department shall carry out all orders and instructions issued by the Lieutenant of Police.
The Sergeant of Police shall, in addition to the duties of all members of the Police Department, keep himself informed as to the operation and management of the Department and, in the absence of superior officers, assume the duties of the Chief of Police. The members of the Police Department shall carry out all orders and instructions issued by the Sergeant of Police.
Any complaint, charge or charges made against a member of the Police Department shall be made in accordance with N.J.S.A. 40A:14-147.
Definitions. Whenever any words and phrases are used in this subsection the meaning respectively ascribed to them in N.J.S.A. 40A:14-146.9 shall be deemed to apply to such words and phrases used herein.
Establishment of position of Special Law Enforcement Officer. There is hereby established the position of special law enforcement officer in and for the Borough of Spring Lake.
Criteria for appointment and promotion. Before any special law enforcement officer is appointed, the Chief of Police, or in the absence of the Chief, the senior ranking officer of the Police Department, shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Mayor and Council.
Appointment of special law enforcement officers. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Mayor and Council for cause, after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the Borough of Spring Lake, and their powers and duties shall cease at the expiration of the term for which they were appointed.
Qualifications of special law enforcement officers.
No person may be appointed as a special law enforcement officer unless the person:
Is a resident of this state during the term of appointment;
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;
Is sound in body and of good health;
Is of good moral character;
Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office;
Has successfully undergone the same psychological testing that is required of all full-time police officers in the Borough or, with regard to a special law enforcement officer hired for a seasonal period, has successfully undergone a program of psychological testing approved by the Police Training Commission established in the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70.
Every applicant for the position of special law enforcement officer shall have fingerprints taken which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.
No person shall be appointed to serve as a special law enforcement officer if that person serves as a special law enforcement officer in another municipality; nor shall any permanent, regularly appointed full-time police officer of any other municipality in this state be appointed as a special law enforcement officer. No public official with responsibility for setting law enforcement policy or exercising authority over the budget or any municipality in this state, or supervision of the Police Department of a municipality in this state, shall be appointed as a special law enforcement officer.
Any person who at any time prior to his appointment had served as a duly qualified, fully trained, full time officer in any municipality in this State and who is separated from that prior service in good standing, shall be eligible to serve as a special law enforcement officer consistent with the guidelines promulgated by the Police Training Commission. If the Police Training Commission waives the training requirements which are required by statute, the Mayor and Council, if it chooses, may appoint such a person as a special law enforcement officer.
No person may commence his duties as a special law enforcement officer unless he has successfully completed the training course and certification requirements of N.J.S.A. 40A:14-146.11, unless such training requirements have been waived by the Police Training Commission.
All special law enforcement officers appointed in service on the effective date of this section may continue in service if within 24 months of the effective date of this section, they will have completed all training and certification requirements of this subsection and in accordance with the Act.
Classification of officers. There are hereby established two classifications of special law enforcement officer.
Class One. Officers of this class are hereby authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39, Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
Class Two. Officers of this class shall be 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 is authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.
Uniforms. Every special law enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the Borough of Spring Lake. The uniform shall also include an insignia issued by the Police Training Commission which clearly indicates the officer's status as a special law enforcement officer, and the type of certification issued by the Commission. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.
Equipment and uniform. Whenever a special law enforcement officer's appointment is revoked or a special law enforcement officer is not reappointed upon the expiration of the term, the special law enforcement officer shall return to the Chief of Police, or his designee, all issued uniforms, badges, and equipment within 15 days of the revocation or expiration of term.
Carrying of firearms. Special law enforcement officers shall carry and return firearms pursuant to the guidelines established in N.J.S.A. 40A:14-146.14(b).
Rules and regulations. Special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officer of the Borough of Spring Lake, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.
Performance of duties.
A special law enforcement officer shall be under the supervision and direction of the Chief of Police, or, in the absence of the Chief, the senior ranking officer of the Department, and shall perform his duties only in the Borough of Spring Lake unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
The Chief of Police or, in the absence of the Chief, the senior ranking officer of the Department may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough including, but not limited to, the carrying of firearms and the power to arrest subject to rules and regulations, any such authorization shall not be inconsistent with the certification and classification requirements as set forth in Subsections F and G of this section.
Hours of employment; resort community.
The provisions of N.J.S.A. 40A:14-146.16(a) and (c) regarding the maximum hours of employment of special law enforcement officers are hereby incorporated as part of this subsection.
For the purposes of N.J.S.A. 40A:14-146.16(a) and (c), it is hereby determined and declared that the Borough of Spring Lake is a resort community as defined in N.J.S.A. 40A:14-146.9.
Limitation of use of officers. Special law enforcement officers may be employed to assist the Spring Lake Police Department, but may not be employed to replace or substitute for full-time regular police officers or in any way diminish the number of full-time officers employed by the Borough.
Specific services. The following fees are fixed and established for certain services extended and materials distributed by the Police Department:
[Amended 12-14-2004 by Ord. No. 48-2004]
The Police Department shall, at the request of any person, prepare copies of any accident or fire report filed in the Department, or will provide for the viewing of any videotape prepared by the Department subject to the following fees:
Fees (other than Municipal Court discovery):
Fees for Municipal Court discovery requests:
Photo and videotape reproduction: All photographs will be photocopied. Actual photo reproductions will be prepared only upon separate request and advanced payment for the actual costs of reproductions. Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5 per videotape.
Additional conditions and charges:
On any item that cannot be photocopied on the Borough copy machine or not otherwise provided for in this schedule, the actual costs incurred in making the copy shall be charged.
Where discovery must be obtained from an entity other than the Borough, e.g., another Police Department, the actual costs paid to the other entity shall be paid by the requester.
Viewing times. The viewing or reviewing of reports and photographs of accident scenes shall be permitted at police headquarters daily, Monday through Friday, from 8:00 a.m. to 2:00 p.m.
No fee for file search. No search fee shall be charged if a report or photograph is not on file with the Police Department, nor for any report or photograph for which a formal request is made by any local, county, state or federal law enforcement agency or by the federal postal authorities.
Receipt issued for all fees. The Police Department shall issue a receipt for all fees and monies received for the services extended or materials furnished.
[Added 10-27-2009 by Ord. No. 2009-015]
Applicability; agreement required. Whenever the Chief of Police or his designee determines that extra duty assignments shall be performed for a party requesting private or quasi-public duty, the Chief of Police or his designee shall enter into an agreement providing for extra duty assignments for which the Borough shall be compensated at the rate set from time to time by resolution, which rates shall include an additional administrative fee. Such agreement shall be in accordance with the following standards:
The party requesting the assignment shall execute and deliver an agreement in a form approved by the Borough Council by resolution. The Chief of Police or his designee shall be authorized to execute any such agreement, provided that is has been submitted in the form approved by resolution.
The Borough shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to worker's compensation, public liability and claims for damage for personal injury, including death or damage to property which may arise or result from the Borough's performance under the contract.
The party requesting the assignment of police officers shall indemnify and hold harmless the Borough from any and all claims made by said police officers for injury or illness while performing extra duty assignments for said party. In addition, the party shall hold the Borough harmless from any and all claims made by any third party for injury, illness or damage to property arising out of the extra duty assignment of a police officer.
Any and all extra duty assignments shall be determined and approved by the Chief of Police or his designee, who shall be authorized to establish written rules and regulations governing the utilization of Borough of Spring Lake police officers for contracted police services by entities other than the Borough. In addition, the Chief of Police has the authority to determine the appropriateness of any assignment and, if he does not believe the assignment is appropriate, he has the authority to deny the request for use of police officers. The Chief of Police or his designee may assign a patrol vehicle for use in performing extra duty if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty. In the event a patrol vehicle is used in performing extra duty, the party requesting such vehicle shall be responsible for the payment of an additional "vehicle use" charge in the amount set by resolution.
The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a system established and administered by the Chief of Police.
Any and all payments due under any such agreement shall be paid within 15 days from the date of billing. Interest shall be charged at the rate of 12 percent per annum of any amount billed for which payment has not been made within 15 days. The delinquent party shall be liable for all costs, fees and attorney's fees associated with the collection of any amounts due. The Borough has established a Dedication by Rider Trust Fund for the purposes of collecting such fees for and paying for extra duty assignments. The Borough reserves the right to require an advance escrow deposit for any requesting party if deemed necessary to ensure the prompt and full payment of all charges due.
Suspension or termination of assignment. The Chief of Police or his designee shall have the authority to order any police officer engaged in contracted police services within the Borough of Spring Lake to respond to an emergency situation. The Chief of Police or designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or to the general public. In the event that a police officer is assigned to an emergency situation, the Police Chief or designee shall make notice of that emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where a contracted police officer is called to an emergency situation, said the contracting entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of Spring Lake until such time as said police officer and/or equipment returns to the assignment with the contracted entity.
Exception. This section shall not apply to police officers serving on any prosecutorial task forces as may from time to time be established or other duty assignments during which police officers are assisting any law enforcement agencies.