[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 50.
[Adopted 4-6-1999 by Ord.
No. 1999-5]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1 et seq., there
are hereby established mutual aid agreements among and between this municipality
and each of the aforementioned municipalities in the County of Ocean, New
Jersey,[1] which shall become effective upon the adoption by one or more
of the aforementioned municipalities (hereinafter referred to as "participating
municipalities") of reciprocal ordinances to provide mutual aid in police
services in case of emergency. This agreement shall apply whenever this municipality
may have an emergency within its boundaries requiring additional police assistance
to protect life and property, and whenever any of the aforementioned municipalities
may experience a similar emergency.
[1]
Editor's Note: The "aforementioned municipalities" are set forth in
the preamble to this ordinance, a copy of which is available from the Borough
Clerk.
A.
Emergency defined. For purposes of this article, the
term "emergency" shall be defined to include situations in which the number
of available police officers in a participating municipality is insufficient
to meet the public need in a particular situation and situations where police
aid involving special expertise or training is required in order to protect
life and property or to assist in suppressing a riot or disorder.
B.
No formal declaration of emergency is required to implement
the provisions of the mutual aid agreement.
The Chief or acting head of the Police Department or Mayor, or chief
executive officer of a participating municipality, is hereby authorized to
request assistance from the Chief or other head of the Police Department of
any other participating municipality to provide aid in accordance with N.J.S.A
40A:14-156 et seq.
A participating municipality shall provide police assistance when a
valid request in accordance with this agreement to supply personnel is made,
to the extent possible without endangering persons or property within the
confines of the providing municipality.
The members of the providing municipality's Police Department supplying
aid shall have the same powers, authority, rights and immunities as the members
of the police force of the requesting municipality when aid is being rendered
therein. Said members shall also have, while so acting, such rights and immunities
as they may otherwise enjoy in the performance of their normal duties in the
municipality rendering such assistance.
These mutual aid agreements established herein by and between the aforementioned
municipalities in the County of Ocean shall further authorize mutual police
aid and assistance under the County Critical Incident Management Plan as established
by the Ocean County Prosecutor, as the chief law enforcement official in the
county. The plan provides for a response by specially trained regional Emergency
Response/Special Weapons and Tactics Team in the event of certain hostage,
barricade, sniper, high risk armed apprehensions, terrorist or similar situations
occurring within a municipality within the County of Ocean.
Members of the police force of the providing municipality suffering
injury, or their legal representatives if death results while rendering assistance
in the requesting municipality, shall be entitled to all such salary, pension
rights, workmen's compensation or other benefits as they would have accrued
if such injury or death had occurred in the performance of duties in their
own municipality, with such benefits to be the responsibility of the providing
municipality.
A.
A municipality receiving police assistance hereunder
pursuant to the terms of the County Critical Incidental Management Plan shall
not be required to directly reimburse the regional team for services so provided.
The member municipalities shall, however, otherwise support the function of
the respective regional response teams by providing the necessary manpower,
equipment and supplies on an ongoing annual basis pursuant to the terms of
the County Critical Incident Management Plan.
B.
Where emergency police aid is otherwise provided under
circumstances outside of the County Critical Incident Management Plan, reimbursement
shall be pursuant to N.J.S.A. 40A:14-156 or such other terms and conditions
for reimbursement specifically agreed to between specific municipalities.
This article shall take effect upon final passage and publication according
to law. It shall become effective with respect to this municipality's activities
with another participating municipality, when such other participating municipality
has adopted an ordinance reciprocal to this one, and such ordinance has become
effective in that municipality.
