[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as §§ 4-1 through 4-14 (Ord. No. 93) of the 1970 Revised General Ordinances. Amendments noted where
applicable.]
[Amended by 9-26-2001 by Ord. No. 593; Ord. No. 225]
The Police Department of the Borough of Alpine
is hereby established and shall consist of a Chief of Police, one
Captain, one or more Lieutenants, one or more Sergeants and such other
patrolmen, special officers, probationary officers, traffic officers,
school traffic officers, officers and employees as the Mayor and Council
may from time to time appoint.
All members of the Police Department shall be
appointed by the Mayor, with the advice and consent of the Council,
to hold office as provided by law.
The Police Department shall be under the control
of the Mayor and Council and the Police Committee thereof.
The Mayor shall, each year as soon after the
organization of the Council as may be possible, select and designate
three members of the Council who shall constitute the Police Committee.
He shall name one of the members of the Committee as Chairman and
a second member as Vice Chairman, who shall be known as the "Police
Commissioner" and "Deputy Police Commissioner," respectively. Subject
to the direction of the Police Committee and further subject to the
ultimate control of the Mayor and Council, the Police Commissioner
or, in case of his absence from the Borough for more than three days,
the Deputy Commissioner, shall be in charge and have the supervision
and control of the Police Department.
The Mayor and Council shall establish by resolution
and may, from time to time, amend and repeal by resolution, such rules
and regulations as they may deem necessary for the government and
efficient working of the entire Department. The rules and regulations,
when adopted, shall be posted by the Police Commissioner within five
days after their adoption in the room in the municipal building assigned
to the Police Department, and a copy delivered to each member of the
Department within five days after their adoption.
A.
Each applicant shall comply with all of the laws of
the State of New Jersey pertaining thereto. No person shall be given
or accept a permanent appointment as a police officer unless he has
first been given a probationary or temporary appointment to such office
for a period of not longer than one year, and has successfully completed
a police training course at a school approved and authorized by the
Police Training Commission in the Department of Law and Public Safety
of the State of New Jersey, pursuant to the provisions of Chapter
56 of the Laws of 1959. Each candidate for appointment to the Police
Department shall be and is required to submit to such written and
oral examination as may be prescribed by the Police Committee and
also to submit to a physical examination by a licensed practicing
physician of the State of New Jersey designated for such purpose.
The character and scope of such examination shall be for the purpose
of revealing the extent to which such applicant may be mentally, physically,
and otherwise qualified to perform his appropriate duties in the Department.
The examinations shall be prepared and conducted at the time and place
and by the persons designated by the Mayor and Council. Any applicant
who shall fail to attain a grade of 70 in such examination or who
shall fail to meet the physical qualifications as may be set up by
the Police Committee or, in the opinion of the examining physician,
be incapable of performing the duties of a police officer in a safe
and efficient manner shall be ineligible for appointment to the Department.
The examinations shall, where more than one candidate applies, be
competitive, and appointments shall be made from among those who have
successfully passed the examination.
B.
No person shall be appointed to the Police Department
as a regular or probationary member unless he shall at the time of
making application be 18 years of age or older.
[Amended 2-23-2000 by Ord. No. 558]
Each member of the Police Department shall,
before entering upon the performance of his duties, take and subscribe
an oath to bear true faith and allegiance to the government established
in this state, to support the Constitutions of the United States of
America and the State of New Jersey and to faithfully, impartially
and justly discharge and perform all the duties of his office, which
oath or affirmation shall be filed with the Borough Clerk.
[Amended by Ord. No. 303]
A.
The Chief of Police shall be the head of the Police
Department and shall be responsible to the Police Commissioner. In
the temporary absence, terminal leave or the disability of the Chief
of Police, the Mayor and Council shall appoint on a temporary basis
a member of the Police Department who shall act in his place. The
person appointed will bear the title of "Acting Chief" for the duration
of the temporary appointment.
B.
The control and discipline of the Police Department
of the Borough and of its members shall be vested in the Chief of
Police, and he shall have the power to enforce all the rules and regulations
herein provided and any general and special orders or instructions
which he may from time to time promulgate, provided such rules, regulations,
general or special orders or instructions do not conflict with the
rules and regulations, orders or instructions issued by resolution
of the Mayor and Council or promulgated by the Police Committee. He
shall enforce these rules and regulations, orders or instructions,
whether promulgated by him or by the Police Committee or by the Mayor
and Council, and may punish their violation by reprimand. Should the
Chief deem the violation to be of a sufficiently flagrant nature,
he shall report the same to the Police Committee with his recommendations
with reference to the filing of charges.
C.
The Chief of Police, with the assistance of the other
members of the Department who shall be detailed for the purpose, shall
keep a complete record as prescribed in the rules and regulations
adopted by the Mayor and Council. The Chief of Police shall report
in writing to the Chairman of the Police Committee, for presentation
to the Mayor and Council at their first regular meeting in each month,
on all matters of importance pertaining to the Department and make
recommendations which would, in his opinion, increase the efficiency
of the Department.
D.
The Chief of Police shall recommend to the Police
Committee from time to time the purchase of new equipment or the repair
or rearrangement of old equipment so as to increase the efficiency
of the Department. He shall have full charge and control of all the
apparatus and equipment of the Department and its assignment and use,
and shall be held responsible for its care, cleanliness and safekeeping.
The Police Department, through its Chief, shall:
A.
Preserve the public peace, protect life and property,
prevent crime, detect and arrest offenders against the penal laws
and ordinances effective within the Borough, suppress riots, mobs
and insurrections, disperse unlawful or dangerous assemblages, and
preserve order at all elections and public meetings and assemblages.
B.
Administer and enforce laws and ordinances to regulate,
direct, control and restrict the movement of vehicular and pedestrian
traffic and the use of the streets by vehicles and persons, to protect
the safety and facilitate the convenience of motorists and pedestrians,
and to make and enforce rules and regulations not inconsistent with
the ordinances and resolutions of the Borough for such purposes.
C.
Remove or cause to be removed all nuisances in the
public streets, parks and other public places of the Borough.
D.
Provide proper police attendance and protection at
fires.
E.
Provide for the attendance of its members in court
as necessary for the prosecution and trial of persons charged with
crimes and offenses, and cooperate fully with the law enforcement
and prosecuting authorities of federal, state and county governments.
F.
Operate a training program to maintain and improve
the police efficiency of the members of the Department.
A.
The Chief, subject to the approval by resolution of
the Mayor and Council, may appoint special policemen for a term not
exceeding one year, and revoke such appointments without cause or
hearing. The special policemen shall carry out their duties and responsibilities
under the direct supervision of the Chief of Police, and their powers,
rights and duties shall be specifically defined by the Chief of Police.
The powers, rights and duties, however, shall immediately cease at
the expiration of the term for which the special officers were appointed,
or upon revocation of their appointment. They shall not carry a revolver
or other weapon at any time, except as otherwise directed by the Chief
of Police. The resolution approving appointment of special police
officers shall designate the rate of pay, if any.
B.
No person shall be appointed as a special policeman
unless he is a citizen of the United States, and is able to read,
write and speak the English language. Every such special policeman
shall be fingerprinted, and his fingerprints shall be filed with the
Division of the State Police and the Federal Bureau of Investigation.
Reports shall be made by the Chief of Police to the Council concerning
the eligibility end qualifications of any person proposed to be appointed
a special policeman.
[Amended 2-23-2000 by Ord. No. 558]
The hours of employment of uniformed members
of the Police Department shall not exceed eight consecutive hours
in any one day, nor 40 hours in any one week; provided that in case
of an emergency the officer, board or other official having charge
or control of the Police Department or the police system shall have
full authority to summon and keep on duty any and all such members
during the period of emergency.
A.
Each regular police officer shall hold his office
and continue in his said employment during good behavior and efficiency,
and no person shall be removed from office or employment for any other
causes than incapacity, misconduct, neglect of duty, conduct unbecoming
a police officer, disobedience of the rules and regulations established
and hereafter to be established for the Department or absence from
duty without just cause for five days or more.
B.
Any member of the Department may be suspended, removed,
fined, or reduced from his office or employment therein for just cause,
upon due notice and service of written charges and a hearing before
the Mayor and Council of the Borough as provided by law.
All members of the Police Department shall provide
and maintain in clean and serviceable conditions such wearing apparel
and equipment as shall be prescribed by the Police Commissioner. The
first uniform shall be furnished at the expense of the Borough.
All firearms which may be provided by the Borough
shall remain the property of the Borough.
[Added 8-22-2018 by Ord.
No. 780]
A.
The Chief
of Police shall implement and maintain a random drug testing policy
in accordance with Attorney General Law Enforcement Directive No.
2018-2, and any successor directive, and in accordance with legislation
and administrative rule, now in effect or effective after the effective
date of this section requiring the Police Department to conduct random
drug testing on members of the police department.
B.
Every member
of the Police Department is subject to the terms of Attorney General
Law Enforcement Directive No. 2018-2, and any successor directive,
and subject to legislation and administrative rule, now in effect
or effective after the effective date of this section, requiring the
Police Department to conduct random drug testing on members of the
Police Department.
[Added 8-26-2020 by Ord. No. 800]
A.
Purpose and intent. The purpose and intent of this section is to
enable the Borough of Alpine and its governing body to have control
over the type and scope of special events to be held within the confines
of the Borough, while ensuring the protection of the interests of
those in the community upon whom such special events shall impact.
This section shall not affect the provisions of Ordinance 161-5 relating
to permits issued by the Recreation Commission.
B.
Permit required. Any person or organization desiring to hold any
concert, race, party in which attendees are charged a fee to attend,
carnival, celebration, show, or any event which involves festival
seating, or any other similar event in or upon any public grounds
or private property, or road of the Borough of Alpine must first apply
for and obtain a special events permit in accordance with the requirements
of this section. The following shall be illustrative of, but not a
limitation upon, the type of event(s) requiring a permit: a party
or social gathering in which attendees are charged admission to attend,
the closing of a public street, the sale of merchandise, food or beverage
on public property, or on private property where otherwise prohibited
by law, the installation of a stage, bandshell, trailer, van, portable
building, tent, grandstand or bleachers on public property, or on
private property where otherwise prohibited by law, or placement of
temporary "no parking" signs on public right-of-way.
C.
Application.
(1)
Any person(s) or organization(s) seeking issuance of a permit hereunder
shall file an application with the Borough Clerk, on a form to be
provided by the Borough of Alpine for that purpose, on which the applicant
shall furnish pertinent information, to include, but not be limited
to the following:
(a)
The name, address and telephone number of the applicant(s).
(b)
The name, address and telephone number of the person or persons,
corporation, organization or association sponsoring the activity.
(c)
A detailed description of the proposed event and a sketch that
shows the area or route to be used, along with proposed structures,
tents, fences, barricades, signs, banners and restroom facilities,
more commonly referred to as a footprint.
(d)
The date(s) and hours for which the permit is desired.
(e)
The location of the event for which the permit is desired, and
complete details as to how the applicant intends to provide for security,
parking, traffic control, site cleanup, separation of recyclables
and disposal of trash and debris and parking (and whether any temporary
parking areas or street closures will be required).
(f)
The number of attendees, participants, spectators, contestants,
cast, crew and/or other people that are reasonably anticipated to
attend the event.
(g)
A detailed description of the Borough's resources or services
that may be required to be provided in connection with the event.
(2)
Upon verification that the application is complete, the Borough Clerk
may require the applicant to supplement its application with any pertinent
documentation that may be of assistance to the Borough in its review
of the application.
(3)
All applications must be submitted to the Borough Clerk at least 30 days prior to the desired event, unless the applicant receives a waiver of this requirement from the Borough Clerk, or unless the application is for a special event of the type by Subsection D and below.
(4)
Permits for public gatherings and assemblies protected by the First
Amendment to the United States Constitution and the New Jersey State
Constitution (i.e., demonstrations, rallies, etc.) shall receive an
expedited review. Such permits shall be granted or denied by the Borough,
within three business days of receipt of a fully completed application.
The Borough granting of an approval may be with such conditions as
are deemed to be in the best interests of the Borough, upon consultation
with the Police Chief, Fire Chief and any other Borough officials.
D.
Fees. All applicants for special events permits shall be required
to pay a nonrefundable application fee, as well as all other fees
that are determined to be necessary by the Borough of Alpine depending
upon the nature and extent of the proposed activity. The application
fee shall be due and payable at the time that an application is submitted.
Other fees that may be required include, but are not necessarily limited
to, costs associated with the provision of police and/or fire supervision,
emergency services, staffing, use of Borough-owned property and/or
use of Borough-owned vehicles or equipment and the creation and/or
use of temporary parking areas. A fee schedule setting forth all of
the potential fees shall be established by the Borough of Alpine by
resolution. All required fees shall be due and payable at least 10
days prior to the event. Any requests for reductions or waivers of
fees must be submitted in writing to, and approved by, the Borough
Clerk. In addition to the fees payable prior to the event, the applicant
shall be required to pay for any and all additional or unanticipated
expenses which were occasioned or become necessary during or after
the event, as a direct result of the event. In the case of an event
to be held on private property, the owner of such property shall be
the applicant or co-applicant.
E.
Standards. The standards for issuance of a permit pursuant to this
section shall include but shall not necessarily be limited to, the
following findings:
(1)
That the proposed event will not unreasonably interfere with or detract
from the general public's enjoyment of private property, public
parks, roadways, or facilities to be utilized.
(2)
That the proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety,
and recreation and will not unreasonably interfere with the quiet
enjoyment of neighboring residents.
(3)
That the proposed activity and uses that are reasonably anticipated
will not be likely to include violence, crime or disorderly conduct.
(4)
That the facilities desired have not been reserved for other use
at the date and hour requested in the application.
(5)
That the applicant will maintain premises in the same condition which
existed prior to the event.
F.
Denial of permits. The standards for denial of a permit pursuant
to this section shall include but shall not necessarily be limited
to, the following findings:
(1)
That the proposed event is anticipated to disrupt traffic within
the Borough beyond practical solutions.
(2)
That the location of the special event may cause undue hardship to
adjacent property owners.
(3)
That the proposed event will require the diversion of so many public
employees that allowing the event would unreasonably deny service
to, or jeopardize the safety of, the remainder of the Borough's
residents.
(4)
That the application contains incomplete or inaccurate information,
or that the applicant has failed or refused to provide necessary information
upon request from the Borough.
(5)
That the application fails to comply with all the terms of this section,
including the failure to remit all fees or deposits, or the failure
to provide proof of proper liability insurance coverage, or the failure
to execute an indemnification and hold harmless agreement, or the
failure to provide a performance bond or cash security deposit when
required by the Borough, or for any other violation of the terms and
conditions of this section.
G.
Responsibility, liability, performance guarantee/security deposit,
insurance coverage and indemnification.
(1)
Responsibility.
(a)
It shall be the permit applicant's responsibility to secure
all necessary other permits, licenses and/or approvals which may be
required (i.e., by state, local or other outside agencies), in conjunction
with the proposed event.
(b)
All permit applicants shall assume all risks associated with
premature advertisement of any event prior to the time of the issuance
of a permit by the Borough, as well as any and all other costs which
may have been expended prior to the time of official approval of the
application by the Borough.
(c)
All permit holders shall be required to abide by all requirements
set forth in the permit, as well as all Borough ordinances, state
statutes (including but not limited to the New Jersey Riot Act, N.J.S.A.
2C:33-1 et seq.) and all other rules and regulations which may be
applicable to the event. All permit holders shall be responsible for
any and all additional costs that are incurred as a result of the
event, including costs which may not have been foreseen at the time
that the permit was issued but which become necessary, such as costs
associated with additional resources provided by the Borough, including
but not limited to manpower and/or equipment costs, police, and/or
fire supervision, emergency services, cleanup activities, etc.
(d)
Any personnel provided by the Borough (i.e., police, fire, emergency,
public works or other Borough employees) in connection with any special
event sponsored by an outside party shall not be considered employees
or agents of the outside party. If emergency services are required
for any special event, then only Borough of Alpine emergency personnel
may be utilized.
(e)
The person and organization to which the permit is issued will
be responsible to see that all rules, regulations and ordinances are
obeyed and that Borough property and/or adjacent property is not damaged.
(f)
The person and organization to which the permit is issued will
be responsible to coordinate all parking requirements and street closures
with the Alpine Police Department by contacting the Police Chief.
(2)
Liability.
(a)
All permit holders shall be liable for all losses, damages,
and/or injuries sustained by any person whatsoever by reason of the
event or activities associated with the event.
(b)
The terms of this section shall not be construed as imposing
upon the Borough or its officers or employees any liability or responsibility
for any injury or damage to any person in any way connected to the
use for which the permit was issued. The Borough and its officials
and employees should not be deemed to have assumed any liability or
responsibility by reason of any inspections performed, the issuance
of any permits, or the approval for use of any Borough property in
connection with a permit issued hereunder.
(c)
All permit holders shall assume full responsibility for the
acts and conduct of all persons admitted to the event by or with the
consent of the permit holder, or of any personal action for or on
behalf of the permit holder.
(d)
The person and organization that obtains the permit assumes
all risk for damage or defacement of the Borough property. If any
portion of Borough property or other premises where the event is held
is damaged by the act or omission of the permit holder, or by the
permit holder's agents, employees, patrons, customers, guests,
invitees, or any other person admitted to the premises by the permit
holder, the permit holder shall be responsible for all costs associated
with restoration of the property or premises to the condition that
existed prior to the occurrence of such damage. The amount of such
damage shall be considered an additional fee.
(e)
A cash security deposit may be required to ensure compliance
with all terms and conditions imposed by the Board of Commissioners
in connection with issuance of the permit.
(3)
Insurance coverage.
(a)
All permit holders must submit minimum liability insurance coverage
in an amount to be determined by the Borough depending upon the size
and nature of the event planned. The Borough, its officers, employees,
professionals, agents and representatives must be named as additional
insured parties on the policy.
(b)
A certificate of insurance showing coverage in the amount required
must be submitted to the Borough prior to the special event.
(4)
Indemnification.
(a)
All permit holders must answer to actions resulting in bodily
injury to any and all persons and shall defend, indemnify and hold
the Borough, its officers, employees, professionals, contractors,
agents and representatives harmless from and against any and all liability
for claims, demands, damages, suits, judgments, fines, losses and
expenses, of any nature, which are sustained as a result of the event,
and shall execute an indemnification and hold harmless agreement in
a form acceptable to the Borough prior to the event.
H.
No rights conveyed, revocation. All permits issued pursuant to this
section shall be temporary and do not invest any permanent or continuing
rights. No permit issued pursuant to this section shall convey any
right, interest or title in any Borough property to the permit holder.
Any permit may be revoked at any time by the Borough, for violation
of the conditions for which the permit was issued, or for violation
of any ordinance which relates to the conducting of the event, or
for violation of any of the terms of this section, or when the event
is found not to be in the best interests of the Borough or for other
good cause shown.
I.
Offenses and penalty.
(1)
Offenses. A person commits an offense if he or she:
(2)
Penalty. A person who violates a provision of this section shall be guilty of a separate offense for each day or part thereof during which the violation is committed or continued and shall be liable, upon conviction, to the penalty as stated in § 1-17 of the Borough Code, or as provided by state statute. Nothing in this section shall prevent a person from being charged with a violation of any other ordinance, offense, statute or other regulation.
