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Borough of Spotswood, NJ
Middlesex County
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Table of Contents
Table of Contents
[Derived from Ch. IV of the 1969 Revised General Ordinances]
[Amended 10-5-2015 by Ord. No. 2015-13; 10-23-2017 by Ord. No. 2017-13; 4-20-2020 by Ord. No. 2020-02]
The Police Department of the Borough is hereby established and shall consist of a Chief of Police, a Captain of Police, a Lieutenant of Police, no more than five Sergeants, no more than 18 patrol officers and such other civilian employees as deemed appropriate.
All members of the Police Department shall be appointed by the Director of the Department of Public Safety.
[Amended 10-5-2015 by Ord. No. 2015-13; 10-23-2017 by Ord. No. 2017-13]
A. 
Designation of appropriate authority. The Director of Public Safety shall be designated as the appropriate authority as provided in the New Jersey statutes. The appropriate authority shall be responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the governing of the Police Department and for the discipline of its members.
B. 
Chief of Police.
(1) 
The head of the Police Department shall be the Chief of Police, who shall be appointed pursuant to N.J.S.A. 40A:14-118 et seq. by nomination of the Mayor, with the advice and consent of the Borough Council.
(2) 
The Chief of Police shall be head of the police force, and shall be directly responsible to the appropriate authority for the efficient and routine day-to-day operations thereof. The Chief of Police shall, pursuant to the policies established by the appropriate authority:
(a) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the Police Department and its officers and personnel;
(b) 
Have, exercise, and discharge the functions, powers and duties of the force;
(c) 
Prescribe the duties and assignments of all subordinates and other personnel;
(d) 
Delegate such of his/her authority as he/she may deem necessary for the efficient operation of the Police Department to be exercised under his/her direction, supervision and control;
(e) 
Report at least monthly to the appropriate authority in such form as shall be prescribed by the appropriate authority on the operation of the Police Department during the preceding month, and make such other reports as may be requested by the appropriate authority.
[Amended 10-5-2015 by Ord. No. 2015-13]
A. 
The Chief of Police shall be the chief executive of the Police Department and he and all other police officers of the Borough shall severally perform the duties imposed upon them by this article and by such orders, rules and regulations as may from time to time be adopted by the Appropriate Authority for the government and control of the Police Department.
B. 
It shall be the duty of the Captain of Police, in the absence of the Chief of Police, to perform the duties of the Chief. In the absence of the Chief of Police and the Captain of Police, the Lieutenant of Police shall perform the duties of the Chief. In the absence of the Chief of Police, Captain of Police and Lieutenant of Police, the Sergeants of Police, in the order of their seniority within that rank, shall perform the duties of Chief of Police. In the absence of the Chief of Police, Captain of Police, Lieutenant of Police and Sergeants of Police, a police officer shall be designated by the Appropriate Authority to act as Chief of Police.
[Amended 10-5-2015 by Ord. No. 2015-13]
The Appropriate Authority shall from time to time adopt rules and regulations of the government of the Police Department and fix and enforce penalties for the violation of such rules and regulations.
No person shall be appointed to the Police Department unless he shall, at the time of making application, be between the ages of 21 and 35, except as provided for veterans. The applicant shall be a citizen of the United States and shall comply with all the laws of the State of New Jersey pertaining thereto.
Before entering upon the performance of his duties, each member of the Police Department shall take and subscribe an oath, which shall be filed with the Borough Clerk, 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.
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 consistent 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, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or Borough license or permit and report thereon to the appropriate department.
D. 
Provide proper police attendance and protection at fires.
E. 
Provide for the attendance of its members in court when 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 government.
[Amended 10-5-2015 by Ord. No. 2015-13]
A. 
The rate of compensation of members of the Police Department shall be fixed by the Annual Salary Ordinance.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the office of the Borough Clerk.
A. 
Each police officer shall hold office and continue in his/her employment during good behavior and efficiency, and no person shall be removed from office or employment for any cause other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations of the Department or absence from duty without just cause for five days or more.
[Amended 10-5-2015 by Ord. No. 2015-13]
B. 
Any member of the Department may be suspended, removed, fined or reduced from his/her office or employment therein for just cause upon due notice and service of written charges and a hearing before the heads of the Department as provided by law.
[1]
Editor's Note: Former § 28-11, Vacations, was repealed 10-5-2015 by Ord. No. 2015-13.
[1]
Editor's Note: Former § 28-12, Additional compensation, was repealed 10-5-2015 by Ord. No. 2015-13.