Township of Clinton, NJ Department of Public Safety

[Amended 2-14-2007 by Ord. No. 922-07; 2-27-2008 by Ord. No. 955-08; 5-9-2012 by Ord. No. 1037-12; 6-27-2012 by Ord. No. 1040-12; 6-27-2012 by Ord. No. 1041-12; 8-10-2016 by Ord. No. 1089-16; 9-14-2016 by Ord. No. 1091-16; 8-8-2018 by Ord. No. 1117-18; 2-12-2020 by Ord. No. 1136-20; 3-24-2021 by Ord. No. 1149-2021]

Division established; duties; appropriate authority.

(1)

Within the Department of Public Safety there shall be a Division of Police known as the Clinton Township Police Department ("department"). The head of the department shall be the Chief of Police. Unless otherwise provided herein, all references in the department's rules and regulations, policies, orders and standard operating procedures to "Police Director" or "Officer-in-Charge" shall be deemed to be references to the Chief of Police.

(2)

The department shall preserve the public peace; protect life and property; detect, arrest and detain offender(s) of the laws of the State of New Jersey and the ordinances of the Township of Clinton; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; provide training for the efficiency of its members, special police officers and civilian employees; and perform such other duties and have such other authority as may be prescribed by the laws of the United States of America and State of New Jersey for municipal police departments.

(3)

Pursuant to N.J.S.A. 40A:14-118, the Mayor and Council are hereby designated as the "appropriate authority." The appropriate authority shall be responsible for the overall performance of the department, shall adopt and promulgate rules and regulations for the government of the department and for the discipline of its members and shall perform all functions and responsibilities assigned by law to the appropriate authority.

Composition; administration.

(1)

The department shall consist of one Police Chief, up to one Captain, up to two Lieutenants, up to six Sergeants, and up to 17 patrol officers, all of whom shall be subject to appointment by the Mayor with the advice and consent of the Council. Hereinafter, all officers, i.e., Chief, Captain, Lieutenants, Sergeants, and patrol officers, may be referred to as "members." The responsibilities of the members and civilian employees of the department are set forth herein and in the rules and regulations promulgated by the Mayor and Council in their capacity as appropriate authority.

[Amended 8-10-2022 by Ord. No. 1173-2022]

(2)

The department shall be headed by the Chief of Police, who shall have all of the powers set forth in N.J.S.A. 40A:14-118 and who shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the department. The Chief of Police shall, pursuant to policies established by the Mayor and Council:

(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 department.

(c)

Prescribe the duties and assignments of all members and other personnel.

(d)

Delegate authority as the Chief may deem necessary for the efficient operation of the department, to be exercised under the Chief's direction and supervision.

(e)

Report at least monthly to the appropriate authority in such form as shall be prescribed by the Mayor and Council on the operation of the department during the preceding month, and make such other reports as may be requested by the Mayor and Council.

(3)

The department shall be organized according to such table of organization as shall be prescribed by the Mayor and Council after considering the recommendation of the Chief of Police.

Regulations.

(1)

The operation of the department shall be governed by rules and regulations adopted by the Mayor and Council for the disposition, conduct and discipline of the department.

(2)

The 2010 Clinton Township Police Department Rules and Regulations adopted pursuant to Mayor and Council Resolution No. 034-10 on February 24, 2010, and all amendments thereto (collectively, the "Rules and Regulations") are on file in the offices of the Township Clerk, Township Administrator, Chief of Police, and in the department squad room. The Rules and Regulations may be revised, amended and supplemented from time to time by resolution of the Mayor and Council and shall thereupon be enforceable. The Rules and Regulations shall be binding upon the Chief of Police, each member and civilian employee of the department, and all special law enforcement officers, if any. Each member and civilian employee of the department and each special law enforcement officer shall be required to sign a certification that he or she has read the Rules and Regulations together with any amendments thereto. In the event of any inconsistency between this chapter and the Rules and Regulations, the provisions of this chapter shall control.

Appointment and qualifications of members; duties.

(1)

All members of the department shall be appointed by the Mayor and Council in accordance with N.J.S.A. 40A:14-118 et seq., and in accordance with the process set forth in the department's Rules and Regulations.

(2)

No person shall be appointed as a member of the department unless he/she meets one or more of the following requirements:

(a)

The individual has earned a bachelor's degree from an accredited college or university. To meet this requirement, the individual must have completed all academic, financial, and administrative obligations to be conferred a bachelor's degree as of the date the individual submits his or her application for appointment for membership in the department; or

(b)

The individual has earned, as of the date the individual submits his or her application for appointment for membership in the department, eighty college credits from an accredited college or university, and further will have earned a bachelor's degree no later than one year from the date the individual submits his or her application for appointment for membership in the department, signifying completion of the undergraduate curriculum and graduation from an accredited college or university. To meet the bachelor's degree requirement, the individual must have completed all academic, financial, and administrative obligations to be conferred a bachelor's degree; or

(c)

The individual has earned an associate's degree or 60 college credits from an accredited college or university and has completed or will have completed at least 24 months of satisfactory employment or military experience as of the date the individual submits his or her application for appointment for membership in the department. Work experience must equate to 104 weeks of employment, including military experience, with a minimum of 20 hours of work per week. The 104 weeks are not required to be consecutive; or

(d)

The individual has earned 30 college credits from an accredited college or university and has or will have at least 24 months of active duty military service as of the date the individual submits his or her application for appointment for membership in the department.

(3)

Each candidate for appointment to the department who has been extended a conditional offer of appointment shall be required to submit to such physical examination by a licensed practicing physician of the State of New Jersey, and/or psychological examination by a licensed practicing psychologist or psychiatrist of the State of New Jersey, as may be prescribed in the Rules and Regulations. The character and scope of such examination shall be for the purpose of reviewing the extent to which such applicant may be physically, mentally and otherwise qualified to perform the essential functions of the position of police officer with or without reasonable accommodation. Any applicant who does not meet the physical qualifications as may be established in the Rules and Regulations, or who is in the opinion of the examining physician, psychologist or psychiatrist incapable of performing the duties of a police officer without posing a direct threat to health and safety, may be disqualified from the department unless there is a reasonable accommodation that will allow the applicant to perform the essential functions of the position without imposing an undue burden on the Township.

(4)

All members shall initially be appointed on a probationary basis. Such probationary members shall be appointed to serve in a probationary capacity for a period of one year from the date of appointment except when, pursuant to N.J.S.A. 52:17B-69, said one-year limit may be exceeded. Probationary members shall not be considered permanent members of the department until their appointment has been made permanent by further resolution of the Mayor and Council, and shall be deemed removed upon the expiration of their probationary periods if their appointments are not made permanent by resolution of the Mayor and Council on or prior to said expiration.

(5)

Every member of the department shall be a resident of the State of New Jersey while serving in such position, as required by N.J.S.A. 40A:14-122.8. New members appointed shall be residents of the State of New Jersey at the time of their appointment and thereafter, unless otherwise qualified by reason of service in the Armed Services of the United States as provided by N.J.S.A. 40A:14-123.1.

(6)

Members of the department shall have the powers and duties prescribed by law and shall be subject to the Rules and Regulations and all other applicable ordinances of the Township.

(7)

Members shall be paid in accordance with the annual salary resolution, within the guidelines set forth in the salary ordinance, or any applicable collective bargaining agreement.

(8)

Consistent with N.J.S.A. 40A:14-118(c), from time to time the Chief of Police may assign members to patrol, investigative, traffic, detective/plainclothes, administrative or other tasks as directed by the Chief of Police, consistent with policies established by the Mayor and Council. These assignments will be made by the Chief of Police with no additional financial remuneration to the members assigned to the area except as may otherwise be provided in applicable collective negotiations agreements duly ratified by the Mayor and Council. All assignments to these areas will be temporary, and members shall serve in these capacities at the pleasure of, and may be reassigned at any time by, the Chief of Police.

Promotions.

(1)

In accordance with N.J.S.A. 40A:14-130, except as otherwise provided by law, a member shall not be promoted until he or she has served at least three years in the department. No person shall be appointed or promoted to a command or supervisory position above patrol officer unless he or she shall have demonstrated an aptitude for such position.

(2)

A promotion of any member of the department to a superior position pursuant to N.J.S.A. 40A:14-129 shall have a probationary period of one year. Probationary periods may be extended up to one additional year by the Mayor and Council upon recommendation of the Chief of Police. A promotion shall not be considered permanent until the appointment has been made permanent by resolution of the Mayor and Council. Restoration of a promoted member to his or her previous rank during the probationary period shall be in accordance with law.

(3)

The following criteria shall be used to determine eligibility for the ranks of Sergeant, Lieutenant, Captain, and Chief of Police, provided the Mayor and Council has determined to fill said ranks:

(a)

All candidates seeking promotion to the rank of Sergeant shall have a minimum of five years of experience (including probationary term) as a Police Training Commission (see N.J.S.A. 52:17B-70) certified police officer, at least three of which shall be as a member of the department. All candidates shall have an associate's degree or a minimum of 60 undergraduate credits from a nationally accredited college or university.

(b)

All candidates seeking promotion to the rank of Lieutenant shall have a minimum of eight years of experience (including probationary term) as a Police Training Commission certified police officer, three of which shall be as a sergeant. All candidates shall have an associate's degree plus a minimum of 30 credits or a minimum of 90 undergraduate credits from a nationally accredited college or university.

(c)

All candidates seeking promotion to the rank of Captain shall have a minimum of 10 years of experience (including probationary term) as a Police Training Commission certified police officer, five of which shall be as a superior officer, including at least one year as a lieutenant. All candidates shall have a bachelor's degree from a nationally accredited college or university.

(d)

All candidates seeking promotion to be the rank of Chief of Police shall have a minimum of 10 years of experience (including their probationary term) as a Police Training Commission-certified police officer, at least three of which shall be as a lieutenant or captain. All candidates for the position of Chief of Police shall have a bachelor's degree from a nationally accredited college or university.

(e)

A candidate's years of service, years in present rank, and minimum educational requirement must be met as of the date of the posting of a promotional examination in order to be eligible. There shall be no exception to this requirement.

(4)

The promotional process shall be as set forth in the Rules and Regulations, provided, however, that such Rules and Regulations shall be consistent with N.J.S.A. 40A:14-129.

Removal; suspension; reduction in rank; fines.

(1)

Removal, suspensions without pay, disciplinary demotions, and fines against permanent members of the department shall be conducted in accordance with applicable law and with such disciplinary review procedures as may be contained in any applicable collective negotiations agreement to the extent such review procedures are consistent with law.

(2)

The Mayor and Council shall have the authority to designate a hearing officer to conduct hearings, receive testimony and other evidence, compile a list of exhibits and make findings and recommendations to the Mayor and Council. The findings and recommendations of the hearing officer acting for the Mayor and Council shall be referred to the Mayor and Council for final determination by the Mayor and Council based upon the record established by the hearing officer. The Mayor and Council shall have the power and authority to affirm, reverse or modify the findings and recommendation of the hearing officer. All determinations by the Mayor and Council shall be final. Review of final determinations may be obtained in accordance with applicable law.

(3)

Any member of the department may, by writing signed by the member and filed in the office of the Chief of Police, waive the right to a hearing and appeal the charges directly to any available authority specified by law or regulation, or follow any other procedure recognized by an applicable collective negotiations agreement or as otherwise permitted by law.

Special police; statutory authorization.

(1)

The Mayor and Council may appoint and reappoint special law enforcement officers pursuant to N.J.S.A. 40A:14-146.9 et seq. for terms not to exceed one year. Special law enforcement officers shall have only those duties as are permitted by law and assigned by the Chief of Police; and their powers, rights, and duties shall immediately cease and terminate at the expiration of the term for which they were appointed, or upon revocation of their appointments.

(2)

No person shall be appointed to serve as a special law enforcement officer in more than one local unit at the same time, nor shall any permanent, regularly appointed full-time police officer of any local unit be appointed as a special law enforcement officer in any local unit. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the local unit or supervision of the police department of a local unit shall be appointed as a special law enforcement officer.

(3)

Requirements for appointment. A person shall not be appointed as a special law enforcement officer unless the person meets the specific requirements for appointment established by applicable statute.

(4)

Special law enforcement officers may carry firearms only to the extent permitted by applicable state law.

(5)

The classes of special law enforcement officers that the Township may establish shall be those prescribed by applicable state law.

Off-duty employment.

(1)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CONTRACTOR

A person, corporation, partnership, business, or other entity, including nonprofit entities, employing a Clinton Township police officer to provide off-duty police-related services.

OFF-DUTY EMPLOYMENT

Any engagement of a Clinton Township police officer by a contractor for police-related services where the source of compensation to the police officer does not originate from the Township budget line item for police wages and salary but is instead funded by the contractor.

(2)

Request for off-duty police employee; special assignments.

(a)

A contractor seeking to engage Township police officers for off-duty employment shall direct its request to the Chief of Police. The request shall be in writing, and shall describe the specific nature of the services desired.

(b)

The Chief of Police may assign police officers for off-duty employment based upon a determination that public health, safety and welfare would be advanced through the provision of off-duty employment. The cost for providing off-duty employment shall be the responsibility of the contractor, and all costs shall be paid as set forth in Subsection H(7) below.

(3)

Assignment of police officers. The department shall maintain a list of police officers who have offered to provide off-duty employment. Assignment of off-duty employment shall be made in accordance with a rotation list maintained by the Chief of Police. When a police officer is assigned off-duty employment, or declines to accept an assignment, the officer's name will be placed at the bottom of the list.

(4)

Emergencies. Off-duty employment may be immediately terminated if the police officer performing the work is required for emergency police duty for the Township, as determined by the Chief of Police.

(5)

Police uniforms, equipment and vehicles. Township police officers providing off-duty employment for contractors shall be in full police uniform while said services are being provided; however, Township police vehicles shall not be used by police officers during the performance of off-duty employment unless specifically authorized by the off-duty agreement.

(6)

Authorizing contracts. The Chief of Police is hereby authorized to execute contracts with contractors for the services required, which contracts shall set forth, among other things, the specific nature of the services to be performed, the location where said services will be performed, the dates and hours of service, payment arrangements, arrangements for the use of police vehicles, arrangements for insurance coverage, an agreement to establish and maintain the escrow account as set forth in Subsection H(7) below, and any other provisions mandated by this chapter or any other applicable law or regulation.

(7)

Payment requirement; escrow accounts.

(a)

Any contractor requesting the services of an off-duty law enforcement officer in the department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the Chief Financial Officer of the Township by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. A separate dedicated by rider trust fund shall be established by the Township and all funds collected and disbursed relating to off-duty employment shall be made through said account.

(b)

Prior to posting any request for services of off-duty police officers, the Chief of Police shall verify that the balance in the escrow account of the contractor requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Chief Financial Officer. No police officer shall provide any such services for more hours than are specified in the request for services.

(c)

Subject to Subsection H(7)(f) below, in the event the funds in such an escrow account should become depleted, services by police officers for off-duty employment shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.

(d)

The contractor requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.

(e)

Salary and fee schedule. Contractors hiring Township police officers for off-duty employment shall be charged pursuant to the following schedule, which includes an hourly rate of pay for the police officer, the cost for the use of a police vehicle, plus a fair and reasonable sum representing the administrative costs, overhead and out-of-pocket expenses to the Township for providing this service:

[1]

Personnel: $75 per hour per full-time police officer at any site.

[2]

Vehicles: $ 50 per car. This fee shall not apply to any public-school-sponsored event on public school property within Clinton Township.

[3]

Administration fee: 20% of the total fee as outlined above. If said service is requested within eight hours of the desired start time, an additional $75 shall apply.

(f)

If a contractor's escrow account shall become deficient, the contractor shall submit payment to the Township within two business days of notification of deficiency. Failure of the contractor to make payment within said two days shall result in the immediate cessation of the police services being provided, and this agreement shall be deemed terminated. In the event this contract is terminated, the contractor shall forfeit all sums paid in advance and the Township shall have the right to pursue any remedy at law for the collection of any amounts that may be due and owing for the services provided prior to termination.

(8)

Payment to officers.

(a)

Police officers providing off-duty employment for contractors shall be paid for said services by the township at the rate set forth in subsection H(7)(e) above. Payment shall be made to the officer within two pay periods of the performance of the work except as otherwise provided herein.

(b)

All sums due a police officer performing off-duty employment shall be paid subsequent to the submission of a voucher which is approved by the Chief of Police. No officer shall be paid until such time as the contractor's account with the Township has enough funds in it to at least cover the payments requested by the officer(s).

(9)

Insurance. The contractor shall be responsible for providing all necessary insurance coverages consistent with law, including but not limited to workers' compensation and general liability insurance. Coincidental with the execution of the contract referred to in Subsection H(6) above, entitled "Authorizing contracts," the contractor shall provide the Township with appropriate insurance binders insuring that the police officer and the Township are provided general liability coverage with respect to the services to be provided and that the police officer is covered by appropriate workers' compensation insurance.

(10)

Indemnification.

(a)

To the fullest extent permitted by law, the contractor shall indemnify, defend, and hold harmless the Township of Clinton, its agents and employees, from and against all claims, damages, losses, liabilities and expenses, including but not limited to attorney's fees and court costs, arising out of, resulting from or in any way relating either directly or indirectly to:

[1]

The performance of the work;

[2]

Any and all claims made by said police personnel for injuries and/or illnesses while performing the off-duty employment;

[3]

The breach by the contractor of any of the terms and conditions of the agreement;

[4]

The negligent or intentional acts or omissions of the police and/or the contractor, its employees, agents, and/or subcontractors;

[5]

Bodily injury, sickness and/or disease, including death at any time resulting from such bodily injury, sickness or disease, sustained by any person while in, on or about the site and surrounding areas where such injury, sickness, disease and/or death arose out of or was in any way connected with the work;

[6]

Any liability based upon the contractor's negligence imputed to the Township of Clinton;

[7]

Damage to property of the contractor, the Township of Clinton or any other person or entity arising out of, incident to, or in connection with the performance of the work;

[8]

Laborers, mechanics and materialmen's liens, and all other liens and charges of every character whatsoever, arising out of work to be performed by this agreement; and/or

[9]

Any other cause of action which may be brought against the Township of Clinton arising out of or in any way relating to the work and the contractor's obligations hereunder.

(b)

This indemnification and hold harmless agreement shall apply in all instances, whether the Township is a plaintiff or is made a direct party to the initial action or claim or is subsequently made a party to the action by third-party in-pleading or is made a party to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.

Division established. The Division of Fire shall be Annandale Hose Company No. 1, a volunteer company, as heretofore established, and such other companies as may hereafter be organized under the authority and the jurisdiction of the Council. In the event of the organization of or the merging with another fire company, Annandale Hose Company No. 1 shall be deemed the parent company.

Powers and duties. When the Division of Fire is present, it shall have exclusive jurisdiction and command at fire, emergency, rescue and hazardous-material-related incidents within the Township and shall have such other powers and duties as may be required to ensure the adequate fire protection of the Township.

[Amended 2-27-2008 by Ord. No. 952-08]

Constitution and bylaws. The operation of the Division of Fire shall be governed by a constitution and the bylaws and amendments thereto which shall be adopted by the membership of the Division of Fire upon approval of the governing body, except that non-substantive amendments to the by-laws shall not require the governing body’s approval. Such constitution, bylaws, amendments thereto and other regulations of the Division of Fire shall be consistent with this chapter and with general law regulating the performance of fire departments. The constitution, bylaws and any amendments thereto adopted by the membership of the Division of Fire so approved by the governing body shall be filed with the Township Clerk.

[Amended 3-13-2012 by Ord. No. 1047-13]

Authority.

(1)

The ultimate responsibility for the adequate fire protection within the Township shall be with the Township Council, and to the extent required to ensure such protection, the Director of Public Safety shall have full control of the Fire Division. The title to all fire equipment and apparatus shall be held by the Township.

(2)

No fire apparatus shall be removed outside the limits of the Township without the express permission of the Fire Chief and the consent of the Director of Public Safety, except in an emergency. The Fire Chief shall have full control over the operation of the Fire Division and of its equipment and apparatus, subject to the Director of Public Safety, and shall be responsible for the maintenance, care and proper condition of all equipment and apparatus of the Fire Division and the management of the Fire Division. The Chief shall keep the Director of Public Safety informed as to the condition of the apparatus and equipment and of such other matters as may affect the fire protection and the fire safety of the Township.

Membership. Members of the Division shall be chosen and admitted to membership or removed or expelled from membership in accordance with the constitution and bylaws of the company. Categories of membership shall be established by the constitution and bylaws. Current membership lists shall be filed with the Director.

Officers of the Fire Division.

(1)

Within the Annandale Hose Company No. 1 there shall be the following line officers: Chief, Deputy Chief, Captain, and four Lieutenants. The line officers shall be elected by the membership in accordance with the constitution and bylaws.

[Amended 2-27-2008 by Ord. No. 952-08]

(2)

There shall be the following executive officers and trustees: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, and there shall be three Trustees. The executive officers and trustees shall be elected by the membership in accordance with the constitution and bylaws.

[Amended 8-25-2004 by Ord. No. 854-04]

(3)

The duties of all officers shall be prescribed by the constitution and bylaws of Annandale Hose Company No. 1, this Code, applicable state, county and federal statutes and regulations, and, in the event of any conflict between the same, that of the higher authority shall control.

[Amended 2-27-2008 by Ord. No. 952-08]

Duties of Fire Chief. The Chief shall be the Chief Operations Officer. He/she shall:

[Amended 2-27-2008 by Ord. No. 952-08]

(1)

Have authority, as prescribed by N.J.S.A. 40A:14-54.1, to supervise and direct operations at the scene of any fire within the established fire lines until said fire is declared out.

(2)

Take command at fire, emergency, rescue and hazardous-material-related incidents within the jurisdiction of the Township when the Division of Fire is present.

(3)

Take command at all meetings for exercise.

(4)

Grant leaves of absence from fires and drills.

(5)

Report all delinquents to the company.

(6)

Provide the Director of Public Safety with current lists of officers and with current membership lists.

(7)

Prepare an inventory of equipment and apparatus which shall be submitted to the Director on or before December 1 annually.

(8)

Designate personnel to inspect annually all publicly owned buildings and all buildings open to the public within the Township for the purpose of determining the existence of any conditions constituting a fire hazard and to conduct plan review for the purpose of complying with the New Jersey Uniform Fire Code (N.J.A.C. 5:70, as may be amended and supplemented from time to time), subject to the Township's budget and appointment by the Mayor and Council of said personnel.

(9)

Prepare an annual report of inspections conducted, including recommendations for corrections of hazardous conditions, to be submitted to the Director on or before December 1 annually.

(10)

With the Director, prepare an annual budget which shall be presented to the Council in November of each year.

Management. The Chief shall utilize any equipment, property or personnel of the Division of Fire which he/she deems necessary in the fighting of fires, performance of the Division in other emergencies and in drills and in providing outside aid. He/she shall formulate rules and regulations pertaining to signals of alarm, testing of alarms and procedures for answering alarms, and such other regulations as are deemed required for the efficient operation of the Division. The Chief may order the detachment of officers and of members to other fire companies with the approval of the members of the companies affected. Notice of such detachments shall be provided to the Director.

[Amended 2-27-2008 by Ord. No. 952-08]

Equipment and facilities. All firefighting equipment and apparatus purchased with Township funds, in whole or in part, is the property of the Township and is to be housed in a building owned and maintained by the Township, except when removed for authorized purposes. The Township shall provide a meeting room for the use of the Division of Fire, satisfactory to the Division. The equipment and apparatus and the housing of such equipment and apparatus provided by the Township shall be sufficient to ensure adequate fire protection within the Township.

Insurance. The Township shall provide insurance and workers' compensation covering any member of the Division of Fire killed or injured during the performance of his/her duties as a firefighter.

[Amended 2-27-2008 by Ord. No. 952-08]

Succession.

(1)

In the event of the death, disability or resignation of any company officer or officer of the Division of Fire, personnel below the officer affected will be promoted to fill the vacancy. All such replacements shall serve until the completion of the unexpired term of their predecessor, at which time officers shall be elected in accordance with the constitution and bylaws.

(2)

Vacancies produced by succession to higher office shall be filled as they occur by nomination and election by the company.

Authority at fires. In the absence of a Chief Officer at a fire, the first line officer to arrive at the scene shall assume command until the arrival of a Chief Officer. In the absence of a line officer, the first executive officer present shall assume command until the arrival of a line officer. In the absence of an officer, the first senior firefighter to arrive at the scene, other than the driver, shall assume command until the arrival of an officer. The person in command at a fire or other emergency shall have full police authority and is authorized and directed to require and secure the removal of any and all obstructions in and around the danger zone and is authorized to request assistance from other municipal departments as may be required in the performance of the duties of the Division of Fire.

[Amended 2-27-2008 by Ord. No. 952-08[1]]

[1]

Editor's Note: This ordinance also repealed former Subsection M, Fire Police, which immediately followed, and designated former Subsections N and O as Subsections M and N, respectively.

Entry to premises. The members of the Division of Fire shall be authorized to enter upon, without hindrance or fee, all premises, grounds, structures, buildings, vehicles and passages to acquire water from pools, ponds, lakes, rivers, streams, brooks or other water supplies whenever necessary in the performance of their duties. Authorized purposes for such entry shall include firefighting, inspection of public buildings, testing of fire alarms and firefighting equipment and fire investigations.

[Amended 2-27-2008 by Ord. No. 952-08]

Arson. The Chief or his/her designee shall investigate all cases of suspected arson. He/she shall cause all premises in which arson is suspected to have occurred to be secured and shall promptly report every case of suspicion of arson to the police, the County Prosecutor and the Director.

[Amended 4-13-2005 by Ord. No. 875-05; 2-27-2008 by Ord. No. 952-08]