[Added 12-9-2004 by Ord. No. 2004-15]
There is hereby established within the Netcong
Fire Department the office of Fire Police.
[Amended 3-12-2009 by Ord. No. 2009-3]
The Netcong Fire Department may nominate not
more than 12 volunteer members of the Department to serve as fire
police. Candidates nominated to said office shall be confirmed by
the Borough Council and shall serve for a term of one year or until
their successors are nominated and confirmed. Fire police officers
shall serve without compensation from the Borough.
No member of the Fire Department shall be appointed
to the office of Fire Police unless the person:
A.
Is a volunteer member of the Netcong Fire Department
in good standing;
B.
Is a citizen of the United States;
C.
Is able to read, write and speak the English language
well and intelligently;
D.
Is of good moral character and has not been convicted
of any criminal offense involving moral turpitude;
E.
Has a valid New Jersey driver's license prior to the
date of appointment;
F.
Has successfully passed a physical examination and submitted to a criminal history search as defined in § 22-5 of this chapter not more than three months prior to said appointment; and
G.
Has successfully completed the "New Jersey Fire Police
Basic Training Course" or an equivalent course approved by the New
Jersey Department of Community Affairs, Division of Fire Safety.
Each individual appointed and qualified as a
fire police officer shall, before entering upon the performance of
his or her duties, take and subscribe to an oath to faithfully, impartially
and justly perform all of the duties of his or her office. The original
of the oath shall be filed with the Borough Clerk and a copy thereof
filed with the Secretary of the Netcong Fire Department.
The rights, privileges, powers and duties of
a fire police officer shall be as follows:
A.
The protection of property;
B.
The establishment and maintenance of fire lines;
C.
The performance of such necessary traffic control
duties from the fire station to and at the vicinity of the fire scene,
fire drill or other emergency call as the Fire Department may respond
to, until the arrival of a duly authorized police officer, or any
public event where Fire Police services may be requested to protect
the public, subject to the approval of and supervision by the chief
law enforcement officer of the Borough;
D.
The investigation of all causes of fires and preservation
of all evidence pertaining to fires of questionable origins, in the
absence of investigating authorities;
E.
The wearing and exhibition of an authorized Fire Police
badge on the left breast of the outermost garment while on duty and
acting in the capacity of a fire police officer; and
F.
The arrest of any person unreasonably refusing to
obey the orders of a fire police officer until such time as the fire
is extinguished, the drill completed, or the emergency subsided.
The performance of the duties of a fire police
officer shall be under the supervision of the Fire Chief or the highest
ranking fire officer in charge of the fire scene or fire drill, until
the arrival of a duly authorized police officer, who shall assume
responsibility for the supervision of traffic duties, preservation
of evidence and all other law enforcement duties. Nothing in this
article shall diminish the powers of the Chief or other superior officer
of the Netcong Fire Department in the exercise of his or her duties
or confer on a fire police officer the right to supersede a duly authorized
police officer.
The Netcong Fire Department shall amend the
Department's bylaws and standard operating procedures to provide for
the establishment of the position of fire police officer and for the
process of nomination to said position.
[Amended 8-10-2006 by Ord. No. 2006-20]
A.
The refusal to obey a direction or command given by
a fire police officer in the performance of his or her duties shall
be considered a violation of this article.
