Township of Colts Neck, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 12-26-1969 as Ch. 22 of the 1969 Code. Amendments noted where applicable.]
There is hereby created a Fire Department within and for the Township of Colts Neck, Monmouth County, New Jersey, said organization to be known as the "Colts Neck Fire Department," referred to hereafter in this chapter as "Fire Department."
A. 
The Fire Department shall consist of all volunteer fire companies presently organized and located within the Township of Colts Neck, being the Colts Neck Volunteer Fire Company No. 1 and the Colts Neck Volunteer Fire Company No. 2, which companies shall continue to operate under the laws of the State of New Jersey and in accordance with their present charters, constitutions and bylaws and as the same may be amended from time to time.
B. 
Any volunteer Fire Company which may hereafter be organized within the Township of Colts Neck, having a membership of not less than 15 active firefighters at the time of application for membership in the Fire Department, and, after approval by the Township Committee, may become a member of the Fire Department. No such approval, however, shall be granted unless a report and a recommendation for approval or disapproval shall be made by the Executive Fire Council. If no such report is received by the Township Committee within 60 days of a request by the Township Committee for such report, the Township Committee may act without regard to such report and recommendation.
[Amended 3-9-1994]
C. 
The fire companies shall have power to provide for the election of their officers and members and manage their own affairs under rules and regulations adopted by the respective companies, subject nevertheless to the approval or disapproval of the Executive Fire Council if said Council shall see fit to exercise such right of approval or disapproval in the interest of the welfare of the Department, or the approval or disapproval of the Township Committee of the Township of Colts Neck if said Committee shall see fit to exercise such right of approval or disapproval in the interest of the welfare of the Township of Colts Neck.
D. 
The fire companies are not denied their usual fundraising and social activities presently conducted within their own charters; however, any and all funds raised by a company must be directed solely to the use of that company and must remain under that company's control. The exception to this rule is the annual fundraising by the Fire Department, which is subject to § 28-3D.
A. 
Membership.
(1) 
An Executive Fire Council shall be organized within the Fire Department, consisting of the Department Chief, representatives from each of the constituent fire companies, consisting of the Captain of each Fire Company and two other active members from each of said volunteer fire companies. In addition, members of the Fire Committee or its equivalent of the Township Committee, designated by the Township Committee from among Committee members, shall be ex officio members of the Executive Fire Council, but such Fire Committee members shall hold no office within the Fire Department or Executive Fire Council. They shall, however, have a right to vote on all matters coming before the Executive Fire Council on which it is authorized to vote. In addition to the foregoing designated membership of the Executive Fire Council, the Department Deputy Chief and the outgoing Department Chief shall be members of said Council.
(2) 
Each company shall designate alternate members to the Executive Fire Council. Such alternate members shall be selected and designated in the same manner as the two active members above mentioned. Such alternate member(s) may participate in meetings of the Executive Fire Council and vote in the place and stead of absent regular members. Each company shall officially notify the other and the Township Committee as to the name of each alternate member.
[Added 10-30-1980; amended 4-29-2020 by Ord. No. 2020-8]
B. 
The purpose of the Executive Fire Council is to act as the coordinating unit of the Fire Department and to be responsible for maintaining supervision of the Fire Department generally, subject to such rules and regulations as hereafter may be promulgated or adopted by the Township Committee by ordinance or resolution. The supervision of the Executive Fire Council shall relate to the efficiency, operation and direction of the Fire Department. The Executive Fire Council shall make recommendations to the Township Committee for the improvement and betterment of the Fire Department, as well as recommendations for the public good and general welfare.
C. 
The structure and organization of the Executive Fire Council shall be as follows:
(1) 
Officers. The officers shall consist of a President, Vice President, Secretary and Treasurer, and they shall serve for a term of one year. The office of Secretary and Treasurer may be combined into one position at the discretion of the Executive Fire Council.
[Amended 3-9-1994]
(2) 
Elections. Officers shall be elected annually at the organizational meeting of the Executive Fire Council, which meeting shall be held in December of each year. Voting shall be by secret ballot or an open showing of hands, the method to be decided upon by the Executive Fire Council membership at the said December meeting.
(3) 
Duties of officers.
(a) 
The President shall preside at all meetings and be responsible for the conduct thereof. He or she shall call a special meeting of the Fire Council at the request of three or more members thereof. The President may also call a special meeting at any time at their sole discretion.
[Amended 4-29-2020 by Ord. No. 2020-8]
(b) 
The Vice President shall perform the duties of the President in the event of the President's absence.
(c) 
The Secretary shall keep an accurate attendance roll of all meetings and functions and a true record of all proceedings of all meetings. He or she shall be custodian and recipient of all correspondence or documents pertaining to the Executive Fire Council. He or she shall notify all members of the date, time and place of meetings and functions.
[Amended 3-9-1994]
(d) 
The Treasurer shall be responsible for keeping records and accounts for all receipts and disbursements. The Treasurer shall not disburse any funds of the Executive Fire Council unless authorized by a majority vote of the entire Council. Disbursements shall be made by electronic payment whenever possible. In the event electronic payments are not accepted, disbursements may be issued by a check, bearing the Treasurer's signature, or in the absence of the Treasurer, the President shall have authority to issue a check.
[Added 3-9-1994; amended 4-29-2020 by Ord. No. 2020-8]
(4) 
Duties of members. Each member of the Fire Council shall attend all meetings of the Council thereof, unless approved by the President, and perform all duties designated to him. In the event that a member is absent from two consecutive meetings without prior approved absence, the Vice President shall request the company to which such delinquent member belongs to replace such member with another representative.
[Amended 4-29-2020 by Ord. No. 2020-8]
(5) 
The Fire Council may adopt such other rules and regulations for its government not inconsistent with this chapter or with any other rules and regulations, resolutions or ordinances of the Township Committee which may hereafter be adopted by the Township Committee, affecting the Executive Fire Council.
D. 
The Executive Fire Council shall organize and supervise the annual fundraising drive by the Fire Department. The funds derived from this drive are to be shared equally by the companies in the Fire Department at the time of the drive.
This section is intentionally left blank.
[1]
Editor's Note: Former § 28-4, Department officers; hats to be worn on duty, was repealed 4-29-2020 by Ord. No. 2020-8.
This section is intentionally left blank.
[1]
Editor's Note: Former § 28-5, Company officers; hats to be worn on duty, was repealed 4-29-2020 by Ord. No. 2020-8.
A. 
Membership.
(1) 
All members of the fire companies as now constituted may continue as members thereof.
(2) 
All new members of the Fire Department and of the constituent Fire Company shall be at least 18 years of age and in good physical condition. Each new member seeking enrollment in the Fire Department of the Township of Colts Neck shall represent that he or she is in good physical health. All applicants for membership shall successfully pass a physical examination and present a certificate executed by a practicing physician of the State of New Jersey attesting to the ability of such applicant. to perform the duties of an active or associate firefighter within the Township of Colts Neck. All applicants are subject to a background investigation, including an investigation of criminal, driving and police records to the extent permitted by law. The Fire Department reserves the right to reject any application if such investigation reveals that the applicant's driving record or criminal record would be detrimental to the Fire Department or to the Township of Colts Neck.
[Amended 12-26-1974; 10-30-1980; 10-28-1982; 2-24-1983; 3-9-1994; 10-8-1997; 4-29-2020 by Ord. No. 2020-8]
(3) 
Every person seeking to join the Fire Department shall make an application to the company which he or she desires to join, and, upon his or her election to membership according to the rules of the company he or she is joining, he or she shall become a member of the Fire Department, and his or her name shall be entered on a roll of firefighters of the Township of Colts Neck. He or she shall be given a badge of membership in his or her unit by his or her company and a Fire Department ID upon satisfactory completion of his or her probation period. The Fire Department ID and badge shall be delivered up to his or her company Secretary at any time upon or whenever he or she shall be suspended pending departmental or other charges involving conduct unbecoming or neglect of duty or found guilty of any charge resulting in the suspension or removal of such person from membership or for any cause shall cease to be a firefighter. Every member who satisfactorily completes 20 years of active service shall be designated a life member of the Fire Department.
[Amended 3-9-1994; 4-29-2020 by Ord. No. 2020-8]
(4) 
Notwithstanding the provisions of § 28-6A(2), aforesaid, each Fire Company may accept applications for membership from persons willing and able to perform duties as Fire Police, company administrative officers and other positions designated by the Fire Company who, by reasons of health or other, cannot undergo the requirements of an active firefighter. Each company may limit the number of members accepted under this subsection and shall designate those accepted as associate members.
[Amended 10-30-1980; 7-25-1985; 12-19-1991]
(5) 
The above-described residency requirements may be waived at the discretion of the individual companies for good cause. "Good cause" is defined as when an individual meeting all other qualifications is employed full-time within the Township of Colts Neck and expresses an interest in becoming an active member of the Fire Department of the Township of Colts Neck; or when a member in good standing of an individual company moves to another community and expresses an interest in remaining an active member of the Fire Department of the Township of Colts Neck, when he or she meets all other requirements. Residency requirements do not apply to § 28-6, Membership; duties.
[Added 3-9-1994]
B. 
Duties.
[Amended 10-30-1980; 3-9-1994]
(1) 
Every applicant to the Fire Department must successfully complete the State of New Jersey mandated initial firefighter or Fire Police training and also successfully complete the probationary period designated by his or her Fire Company to be considered a qualified active or associate firefighter in good standing. Every active or associate member of the Fire Department shall in each and every year perform at least 60% of duty, to be composed of actual attendance and duty at fires, drills and meetings, and a record shall be kept of such attendance and duty by the company Captains and the Chief of the Fire Department and reported to the Township Committee annually to qualify for exempt certificates, state benefits and to maintain his or her good standing.
(2) 
It shall be the duty of an active or associate firefighter, whenever any fire shall break out in the township, to report immediately upon the alarm to his or her respective company firehouse and to perform such duties or transport fire apparatus to the place where such fire shall happen unless otherwise directed by the Department Chief or Deputy Chief or his or her company officers. While on duty he or she shall follow Fire Department Standard Operating Procedures and conform with the directions given by the officer in charge to manage the said fire apparatus or perform other assigned duties with all his or her skill and power, and, when the fire is extinguished, he or she shall not leave except by direction being given by the officer in charge, and he or she shall return to his or her company firehouse with said fire apparatus or to other assigned duties. It shall be the duty of all members of the Fire Department to prevent all persons not belonging to the Department from entering any building or handling any apparatus belonging to the Department, except as hereinafter provided. Every person, not a firefighter, who shall be present at a fire shall be subject to and obedient to the orders of the Department Chief or Deputy Chief or the officer in charge or, in their absence, to the Fire Police or to any officer of any Fire Company acting under the Chief's direction in extinguishing a fire, preserving order and removing and protecting property.
(3) 
It shall be the duty of the officer and members of each company to prevent any person not a firefighter from riding on the apparatus in going to or from any fire or alarm of fire.
The Chief and Deputy Chief of the Fire Department shall be elected to such office by members in good standing of the constituent fire companies, subject to §§ 28-8, 28-9 and 28-10.
[Amended 10-30-1980; 2-28-1985; 3-9-1994; 4-29-2020 by Ord. No. 2020-8]
The Chief and Deputy Chief of the Fire Department shall be elected for a term of two years and shall have been active members in good standing at the time of election and meet all eligibility requirements set forth in § 28-9 of the Revised General Ordinances of the Township of Colts Neck. They shall be elected by a majority vote of all life; active and associate members in good standing of the Fire Department. They shall assume the office on January 1 of every other year and shall be sworn in by a representative of the Township Committee authorized to administer oaths. Elections shall be held at the firehouse of the outgoing Department Chief; provided, however, that in no event shall the election be held at the firehouse of the nominee for the office of Department Chief, in which case the election shall be held at a place to be designated by the Executive Fire Council. Elections shall be held between the hours of 7:00 p.m. and 9:00 p.m. on the first Tuesday of December of every other year. The Captain of each company shall prepare a list in the month of October of the current year of life; active and associate members in good standing and submit the list for verification to the Executive Fire Council at the meeting of the Executive Fire Council in November preceding the election for verification. Each active and life member in good standing may vote in person by affixing his or her signature next to his or her name on the prepared list or by absentee mail ballot, provided that the sealed vote is received by the Executive Fire Council prior to the 9:00 p.m. close of elections. The Executive Fire Council shall make said absentee ballots available to all active and life members in good standing, and the Executive Fire Council shall verify the validity of each ballot received. The said list of members shall be placed in the ballot box at the close of elections.
No person shall be eligible for the office of Chief who has not served as Deputy Chief or company Captain and been a member of the Fire Department for two or more consecutive years prior to election. No person shall be eligible for the office of Deputy Chief who has not served as company Captain or First Lieutenant and been a member of the Fire Department for two or more consecutive years prior to election.
[Amended 10-30-1980; 3-9-1994; 4-29-2020 by Ord. No. 2020-8]
A. 
The company whose turn it is to nominate the Chief shall submit names for nomination to the Executive Fire Council at the October meeting, but only those names shall be placed on the ballot as shall have been first approved by the Executive Fire Council, together with the name of the existing Chief if nominated by the Executive Fire Council.
B. 
The nomination of Deputy Chief shall be rotated from company to company every other year for a two-year period.
C. 
After the ballots have been cast, the ballot boxes shall be delivered to the Board of Elections of the Executive Fire Council, consisting of the following: a member from each company, a member of the Fire Committee of the Township Committee and a member of the Executive Fire Council. They shall meet at such place as designated by the Executive Fire Council, and there the total ballots cast shall be counted and the results transmitted to the Executive Fire Council, in writing. The election of the Chief and Deputy Chief shall be by majority of the votes cast. In case of a tie vote, length of active service within the Department shall prevail. Thereafter, the Executive Fire Council shall certify the results to the Township Committee of the Township of Colts Neck.
D. 
Any disputes, challenges or complaints unable to be satisfactorily resolved by the Board of Elections shall be presented to the Executive Fire Council for adjudication by said Council. In the event that the Executive Fire Council is unable to resolve the issue within 15 days within which the same shall have been presented to it, the dispute or question shall be forwarded to the Mayor and Township Committee, whose decision in this respect shall be final. In the event that the dispute concerns the legality of the election, the incumbents shall retain the office of the one in dispute until such time as a successor qualifies.
E. 
In the event of the death, resignation, incapacity or removal of the Chief or Deputy Chief, the Executive Fire Council shall appoint qualified members from any of the fire companies to serve for the unexpired term. In the event that the Chief or Deputy Chief fails to perform his or her duties and complaint is made with respect thereto, such complaint must be made, in writing, to the Executive Fire Council. The Executive Fire Council shall have the power to reprimand, suspend or remove from office any Chief or Deputy Chief by a majority vote of the entire membership of the Executive Fire Council.
A. 
The Chief shall be in command of all functions of the Fire Department and shall have the right to utilize any equipment, property or personnel under control of the Fire Department that he or she deems necessary for the handling of any fire or other emergency in the performance of his or her departmental duties subject to the orders of the Executive Fire Council.
[Amended 2-22-1979; 10-30-1980]
B. 
The Chief shall be a member of the Executive Fire Council and shall be responsible, through the Executive Fire Council, to the Mayor and Township Committee for the training, efficiency and proper conduct of the Department and the proper maintenance and repair of all equipment, the reduction of fire hazards and reports and records and, in addition:
(1) 
He or she shall formulate and make recommendations for the adoption by the Executive Fire Council and approval by the Mayor and Township Committee of rules and regulations for the proper conduct and efficiency of the Fire Department.
(2) 
He or she shall keep or cause to be kept accurate records of the service of each member of the Fire Department, showing his or her attendance at fires, drills and other necessary functions.
(3) 
He or she shall be responsible for seeing that all equipment and apparatus is kept in condition for immediate maximum efficiency.
(4) 
He or she shall keep or cause to be kept an accurate inventory record of all equipment and property of the Department, on standard forms, as to item, date of purchase, condition and servicing, for the proper financial and efficiency rating of the Department.
(5) 
He or she shall make or cause to be made yearly, in the month of May, complete inventory of all equipment, on standard forms.
(6) 
He or she shall keep or cause to be kept an accurate record of all activities of the Department.
[Amended 4-29-2020 by Ord. No. 2020-8]
(7) 
He or she shall cause monthly reports of the activities of each company to be prepared and submitted to the Executive Fire Council for review and discussion, with a copy of the same to be forwarded to the Fire Committee or Township Committee.
(8) 
He or she shall cause an annual report to be prepared during the month of December concerning the activities of the Fire Department, condition of equipment and suggestions with recommendations for the public good. Said report shall be approved by the Executive Fire Council prior to submission to the Township Committee.
[Amended 10-30-1980]
(9) 
He or she shall have the power to suspend from duty any member for disobeying orders or dereliction of duty or other conduct that is detrimental to the well-being of the Fire Department or fire companies or the well-being of the Township of Colts Neck or its residents.
[Amended 3-9-1994; 4-29-2020 by Ord. No. 2020-8]
(10) 
Appeals from each action by the Chief may be made, in writing, to the Executive Fire Council, who may alter, amend or adjudicate such action solely for the good of the Department and/or the township.
(11) 
The company Captains of the respective companies shall report to the Chief not later than October 15 of each year what supplies are necessary, and the Chief shall report to the Executive Fire Council what supplies have been asked for and what, in his or her judgment, he or she recommends. The retiring Chief shall give to the incoming Chief a copy of his or her recommendation.
[Amended 10-30-1980]
C. 
In the absence of the Chief, his or her command shall devolve upon and his or her duties shall be performed by the Deputy Chief or, in his or her absence, by the company Captain of the first apparatus on the scene or, in his or her absence, by the chain of command as set forth in the Fire Department Standard Operating Procedures. Said officer shall act as the officer in charge until relieved by a more senior officer as set forth in the Fire Department Standard Operating Procedures.
[Amended 3-9-1994]
A. 
Subject to the overall command of the Chief and Deputy Chief, the company Captain shall have sole command of his or her respective company, its members, apparatus, training, direction, etc., and shall be responsible to the Chief for the proper conduct and efficient operation of this company to the public good. The company Captains shall be responsible for the proper carrying out of the rules, regulations, etc., within their respective companies.
B. 
The company Captain shall be responsible for determining the residency status of all active and associate members as provided in § 28-6A(5) of this chapter.
[Amended 3-9-1994]
C. 
The company First Lieutenant, in the absence of the company Captain, shall perform the duties and exercise the prerogatives of said company Captain.
D. 
The company Second Lieutenant, in the absence of the company First Lieutenant, shall perform the duties and exercise the prerogatives of said company First Lieutenant.
E. 
The company Chief Engineer shall be responsible to the company Captain for the maintenance and upkeep of the company fire apparatus and equipment. In the absence of the Second Lieutenant, he or she shall perform the duties and exercise the prerogatives of the company Second Lieutenant.
[Added 3-9-1994]
A. 
The fire companies shall be responsible for seeing that all equipment furnished by the township out of public funds is maintained in good order, housed against weather and is efficiently utilized and protected against theft.
B. 
Allocation of funds by the Township Committee shall be made on a yearly basis, upon recommendations by the Executive Fire Council, and within the financial capacity of the township as determined by the Township Committee.
C. 
The township shall furnish funds for repair of all equipment and replenish equipment within its financial capacity, as determined by the Township Committee.
D. 
Utilization of funds so allocated, to the maximum efficiency therein, shall be supervised and controlled by the Executive Fire Council.
E. 
The Executive Fire Council shall endeavor to purchase or to contract for equipment, replacements, etc., out of funds allocated by the township on a quarterly basis and, when possible, coordinate purchases with other township or area agencies. The company Captain must receive prior approval of the Executive Fire Council for major purchases outside of their approved budget.
[Amended 3-9-1994]
F. 
Title to ownership of all apparatus, equipment, hose and all other property purchased by public funds shall be vested in the Township of Colts Neck.
G. 
No person shall use any township fire apparatus or equipment for any purpose (not approved by the Department Chief or company Captain) other than fire, drills or other normal functions.
[Amended 3-9-1994]
H. 
No township equipment may be used outside the township for any purpose without approval of the senior fire official available or the Chairman of the Fire Committee of the Township Committee, excepting in those cases of mutual assistance presently in force or existence. No agreement may be made for township-owned property outside of the township without approval of the Township Committee and not in accord with the mutual aid system within the laws of the State of New Jersey.
[Amended 10-30-1980]
[Amended 3-9-1994; 1-27-2016]
The Fire Department shall have a Fire Police organization which shall be made up of life, active or associate members of each Fire Company; the number of such members shall be determined by the Executive Fire Council. They shall be elected for a term of five years at the company's regular election, and each member so elected must complete the required training for said position. The members of the Fire Police Organization so elected shall be sworn in by the Township Clerk or Township official duly authorized to administer the oath of office in January of the year of their term. The Fire Police shall have the power to provide for the election of their officers. They shall manage their own affairs under rules and regulations adopted by and subject to the approval of the Executive Fire Council and shall follow Department standard operating procedures and policy. They will assist the Chief, Deputy Chief or officer in charge during the time of fire, doing general police duty or as directed by the Chief, Deputy Chief or officer in charge.
A. 
No person shall at any time willfully drive or cause to be driven any vehicle over any hose or other fire equipment.
B. 
No person shall drive any vehicle within 300 feet of the rear of any fire truck.
C. 
There shall be no parking within 25 feet of firehouse driveways.
D. 
Only active New Jersey driver-licensed firefighters are permitted to drive any fire apparatus, except that, in the event that a military person becomes an active firefighter in the Fire Department, he or she may drive any fire apparatus, provided that he or she possesses a valid driver's license from his or her domicile state.
[Amended 7-28-1993; 3-9-1994]
E. 
No person who shall have been suspended or expelled from the Fire Department shall run or meddle in any manner with any apparatus belonging to the Fire Department.
F. 
No person or persons shall raise or cause to be raised any false alarm.
G. 
The Police Department shall furnish protection, at the request of the Chief, to assist in traffic control, protect property and prevent destruction of evidence.
H. 
The company Captain or his or her designee shall, by December 1 of each year, furnish the Township Clerk and Secretary of the Executive Fire Council a complete list, with addresses and telephone numbers, of each member of his or her company and his or her status within the company and shall notify the Township Clerk and Secretary of the Executive Fire Council of any changes in such list or status as they occur.
[Amended 3-9-1994]
I. 
Firemen shall be so certified, in accordance with the laws of New Jersey, to the Township Clerk by December 1 of each year, and of any changes during the year as they occur.
[Amended 4-29-2020 by Ord. No. 2020-8]
J. 
It shall be unlawful to interfere with, attempt to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere with, conspire to interfere with, obstruct or hamper any Fire Department operation. It shall be unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of the Fire Chief or his or her duly authorized representative or to interfere with the attempts of another individual to comply with the orders and directions of such person.
[Added 2-22-1979]
K. 
It shall be unlawful to utilize, exhibit, maintain, allow, suffer or permit the maintenance of Fire Department or Fire Company plates, stickers, decals or other articles on private vehicles owned or operated by a former member of the Colts Neck Fire Department. Such prohibition against continued exhibition of Fire Department or Fire Company plates, stickers, decals or other articles is prohibited upon either a voluntary separation of service from the Fire Department or Fire Company or a termination of such service by appropriate authorities.
[Added 5-29-1986]
[Amended 5-29-1986; 10-8-1997; 3-8-2006]
A violation of the provisions of § 28-15A, B, C, D, E, F, J and/or K of this chapter shall be punishable as provided in § 1-9 of this Code.
A. 
In order to provide members of the Fire Department adequate compensation for injury, the Mayor and Township Committee of the Township of Colts Neck, Monmouth County, New Jersey, shall provide employee's liability insurance in accordance with the Worker's Compensation Act (N.J.S.A. 34:15-74).
B. 
The Mayor and Township Committee of the Township of Colts Neck, Monmouth County, New Jersey, shall provide adequate liability insurance covering the operation of all Fire Department vehicles and its authorized drivers. It shall also provide liability coverage for the use and maintenance of buildings and equipment owned or used by the Fire Department.
C. 
The Township Committee shall provide adequate liability insurance coverage for the Fire Department, Fire Company Officers or incident commander/officer in charge from any action resulting from the performance of their duties as Fire Officers under this Colts Neck Fire Department Code, the Fire Department Standard Operating Procedures or Fire Company Constitution or bylaws.
[Added 3-9-1994]