[HISTORY: Adopted by the Township Council
of the Township of Manchester as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 34.
[Adopted by Ord. No. 97-015 (Sec. 2-66 of the 1996 Revised
General Ordinance)]
A.
N.J.S.A. 40A:14-156 et seq. authorize municipalities
to enter into mutual aid and assistance agreements for police, fire,
first aid or ambulance squad services in cases of emergencies;
B.
N.J.S.A. 40A:14-146.14c authorizes municipalities
to utilize special law enforcement officers as well as regular, full-time
officers when a mutual aid agreement has been enacted in accordance
with N.J.S.A. 40A:14-156.1;
C.
The County of Ocean consists of 33 municipalities,
32 of which have municipal police or fire departments operating for
or within the Township of Barnegat, Borough of Bay Head, Borough of
Beach Haven, Borough of Beachwood, Township of Berkeley, Township
of Brick, Township of Toms River, Borough of Harvey Cedars, Borough
of Island Heights, Township of Jackson, Township of Lacey, Borough
of Lakehurst, Township of Lakewood, Borough of Lavallette, Township
of Little Egg Harbor, Township of Long Beach, Township of Manchester,
Borough of Mantoloking, Borough of Ocean Gate, Township of Ocean,
Borough of Pine Beach, Township of Plumsted, Borough of Point Pleasant,
Borough of Point Pleasant Beach, Borough of Seaside Heights, Borough
of Seaside Park, Borough of Ship Bottom, Borough of South Toms River,
Township of Stafford, Borough of Surf City, Borough of Tuckerton and
Township of Eagleswood, which regularly interact and provide assistance
to each other in police, medical- or fire-related emergencies; and[1]
D.
Each of the aforementioned municipalities in the County
of Ocean wish to formalize and refine existing practice by entering
into mutual aid agreements.
Pursuant to N.J.S.A. 40A:14-26, N.J.S.A. 40A:14-156,
N.J.S.A. 40A:14-156.1 et seq., and N.J.S.A. 40A:14-146.14c, 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, 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 the police, firefighting, or emergency medical
(hereinafter, "EMS") services in case of emergency. This agreement
shall apply whenever this municipality may have an emergency within
its boundaries requiring additional police, firefighting or EMS assistance
to protect life and property, and whenever any of the aforementioned
municipalities may experience a similar emergency.
For purposes of this article, the term "emergency"
shall be broadly defined and shall include situations in which the
number of available police officers, firefighters, or EMS officials
in a participating municipality is insufficient to meet the public
need in a particular situation. No formal declaration of emergency
is required to implement the provisions of the Mutual Aid Agreement.
The chiefs or heads of the participating municipalities, police departments,
fire departments, and first aid or ambulance squads shall jointly
prepare written standard operating procedures (hereinafter referred
to as "SOP") which shall address procedures for the day-to-day implementation
of mutual police, firefighting or EMS aid. A copy of the SOP, and
all amendments and revisions thereto, shall be filed with each police
department, fire department, and EMS organization, along with the
respective clerks of each participating municipality, and with the
appropriate dispatching authorities with the county.
The chief or head of the police department,
fire department or EMS organization of a participating municipality,
or in his or her absence, the highest ranking official in the chain
of command, is hereby authorized to request assistance from the chief
or other head of the police department, fire department or EMS organization
of any other participating municipality to provide aid in accordance
with this agreement and existing SOP.
A participating municipality shall provide police,
firefighting or EMS 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. Each providing municipality retains the right
to withdraw personnel or equipment if emergent conditions so warrant.
The decision of the providing municipality's Mayor, or in his or her
absence, the highest ranking official in the chain of command, with
respect to the extent and duration of aid to a requesting municipality
which can be afforded without endangering persons or property within
the providing municipality, shall be binding.
Each municipality adopting an ordinance reciprocal
to this article shall, prior to adoption, obtain the written consent
of its volunteer fire company(ies), if any, and volunteer EMS organization(s),
if any, to be bound by the terms of this article for as long as the
volunteer organizations continue to supply services in their parent
municipality.
The members of the providing municipality's
police department, fire department or EMS organization supplying aid
shall have the same powers, authority, rights and immunities as the
members of the police, firefighting or EMS force of the requesting
municipality when aid is being rendered therein; however, the highest
ranking, full-time regular officer of the requesting municipality
present at the scene shall assume command.
The providing municipality shall assume the
cost and expense of providing its personnel and equipment to the requesting
municipality, pursuant to this agreement, if the duration of the aid
is eight man-hours or less within any one-month period. If the requesting
municipality receives state or federal aid by way of reimbursement,
for a particular incident, it shall distribute said funds among the
providing municipalities, for that incident, on a pro rata basis,
depending upon the man-hours of each. The costs incurred in excess
of eight man-hours, by any providing municipality, shall be submitted
to and paid by the requesting municipality as reimbursement.
Members of the police, firefighting or EMS 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 benefits they would have realized if
injury or death had occurred in the performance of normal duties in
their own municipality, with such benefits to be provided by the providing
municipality.
So long as this Mutual Aid Agreement is in full
force and effect, the participating municipalities shall maintain
general liability insurance in the minimum amount of $1,000,000 for
personal injury and $500,000 for property damage, and liability insurance
for police enforcement and firefighting activities in the minimum
amount of $1,000,000, and shall annually provide each of the other
participating municipalities with certificates of insurance showing
said insurance is in full force and effect. Said insurance shall be
applicable to damage or injury resulting from the actions or conduct
of the personnel of any providing municipality as well as of the personnel
of any requesting municipality.
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.
This article supersedes and rescinds all prior
ordinances, resolutions, enactments or agreements governing mutual
aid between those municipalities who have adopted ordinances reciprocal
to this article.
[Adopted by Ord. No. 98-035 (Sec. 2-66A of the 1996 Revised
General Ordinance)]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1
et seq., there are established mutual aid agreements among and between
the Township of Manchester and each of the municipalities in the County
of Ocean, New Jersey, which shall become effective upon the adoption
by one or more of the 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 municipalities may experience a similar emergency.
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. 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 the 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.
The mutual aid agreements established herein
by and between the 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.
