[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:
A.
One
Chief of Police.
B.
One
Police Captain.
C.
One
Police Lieutenant.
D.
Three
Police Sergeants.
E.
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.
F.
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.
G.
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:
A.
Administer
and enforce rules and regulations and special emergency directives
for the disposition and discipline of the force and its officers and
personnel;
B.
Have,
exercise, and discharge the functions, powers and duties of the force;
C.
Prescribe
the duties and assignments of all subordinates and other personnel;
D.
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;
E.
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;
F.
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;
G.
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
H.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Qualifications of special law enforcement officers.
(1)
No person may be appointed as a special law enforcement officer unless
the person:
(a)
Is a resident of this state during the term of appointment;
(b)
Is able to read, write and speak the English language well and
intelligently and has a high school diploma or its equivalent;
(c)
Is sound in body and of good health;
(d)
Is of good moral character;
(e)
Has not been convicted of any offense involving dishonesty or
which would make him unfit to perform the duties of his office;
(f)
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.
(2)
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.
(3)
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.
(4)
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.
F.
Training course.
(1)
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.
(2)
All special law enforcement officers appointed in service on the
effective date of this section[1] 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.
G.
Classification of officers. There are hereby established two classifications
of special law enforcement officer.
(1)
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.
(2)
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.
H.
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.
I.
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.
J.
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).
K.
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.
L.
Performance of duties.
(1)
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.
(2)
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.
M.
Hours of employment; resort community.
(1)
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.
(2)
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.
N.
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.
A.
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]
(1)
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:
(2)
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.
(3)
Additional conditions and charges:
(a)
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.
(b)
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.
B.
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.
C.
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.
D.
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]
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
C.
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.
