[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 8-27-1998 by Ord. No. 9815; amended in its entirety 11-21-2013 by Ord. No. 2013-18. Subsequent amendments noted where applicable.]
Civil defense — See Ch. 4.
Residency policy — See Ch. 44.
Alarms — See Ch. 58.
Copies of documents — See Ch. 99.
Criminal records check — See Ch. 100.
Editor's Note: This ordinance superseded former Ch. 38, Police Department, which consisted of the following: Art. I, Composition and Duties, adopted 3-19-1913 by Ord. No. 4-1913, as amended; Art. II, Manual of Rules and Regulations, adopted 3-2-1981 by Ord. No. 8107; and Art. III, Duties and Authority, adopted 12-23-1993 by Ord. No. 9327.
There is hereby created in and for the City of Ventnor City a Police Department whose rank structure shall consist of Chief of Police, Captain, Lieutenant, Sergeant and patrol officer, to be appointed to these positions by the governing body of Ventnor City. The decision whether or not to fill the mentioned positions and the compensation for same is within the complete and unfettered discretion of the governing body.
The Police Department shall:
Preserve the public peace;
Protect life and property;
Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of Ventnor City;
Direct and control traffic;
Provide attendance and protection during emergencies;
Make appearances in court;
Cooperate with all other law enforcement agencies; and
Provide training for the efficiency of its members and officers.
In accordance with N.J.S.A. 40A:14-118, the Commissioner of Public Safety is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law. The appropriate authority is responsible for the overall performance of the Police Department. The appropriate authority shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
The Commissioner of Public Safety shall appoint a Chief of Police with the consent and approval of the governing body. The Chief shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Chief of Police shall, pursuant to policies established by the governing body and consistent with City ordinances:
Administer and enforce the rules and regulations of the Police Department and any special emergency directives for the disposition and discipline of the Department and its officers and personnel.
Have, exercise and discharge the functions, powers and duties of the Police Department.
Prescribe the duties and assignments of all subordinates and other personnel.
Delegate such of his authority as he may deem necessary for the efficient operation of the Police Department to be exercised under his direction and supervision.
Report at least monthly to the appropriate authority in such form as shall be prescribed by the governing body on the operation of the force during the preceding month, and make such other reports as may be requested by the governing body.
Perform other duties as determined by the Commissioner of Public Safety or his/her designee.
Power to appoint temporary replacement. The Chief of Police may act on his/her own initiative to temporarily place in command any other officer in order to perform the functions of the Chief of Police if he/she is unable, by reason or by disability, to perform the functions of his/her office.
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey statutes. The selection criteria for a police officer shall be in accordance with Department policy, the rules and regulations of the State of New Jersey Civil Service Commission and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances. The Chief of Police shall also require that an applicant for appointment to the Police Department shall successfully complete a criminal background check and a physical, mental and psychological examination.
The City of Ventnor City may appoint from time to time special law enforcement officers pursuant to and in compliance with the Special Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
In addition to the duties set forth under N.J.S.A. 40A:14-146.11a, Class One officers shall be empowered to issue summonses for disorderly persons' and petty disorderly persons' offenses, violations of the municipal ordinances and violations of Title 39 of the Revised Statutes.
In addition to the duties set forth under N.J.S.A. 40A:14-146.11a, Class Two officers shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed, full-time police officer.
Special law enforcement officers shall not be continued as regular members of the Police Department and shall not be entitled to tenure.
Special law enforcement officers shall not be utilized to supplant regular police officers on City-assigned extra-duty assignments.
Special law enforcement officers are subject to the Personnel Policies of the City of Ventnor City.
Special law enforcement officers are subject to the Ventnor City Police Department's Written Directive System, where applicable.
Discipline of employees will be imposed consistent with New Jersey State Statutes, the New Jersey Administrative Code, and the rules and regulations of the State of New Jersey Civil Service Commission. The written charges will be signed by the Chief of Police or his/her designee as provided in the New Jersey statutes and the Police Department's Rules and Regulations. Employees may also be subject to discipline for violating other statutes, ordinances, and policies.
The appropriate authority shall, from time to time as may be necessary, adopt and amend the rules and regulations for the government and discipline of the Police Department and employees thereof. Said rules and regulations may fix and provide for the enforcement of such rules and regulations and the enforcement of penalties for the violation of such rules and regulations, and all employees of the Police Department shall be subject to such rules and regulations and penalties. A copy of the rules and regulations shall be distributed electronically to all Police Department employees and is available to all persons desiring to use and examine the same.
Definition. As used in this section, the following terms shall have the meanings indicated:
- EXTRA-DUTY EMPLOYMENT
- Employment by an outside business or individual, which is approved by the Chief of Police or his/her designee, and officers are scheduled by the Department, where the use of law enforcement powers may be anticipated. This term is synonymous with "private detail."
The Ventnor City Police Department is authorized to allow the extra-duty employment of City police while off-duty; the City hereby establishes a policy regarding the use of said officers.
Members of the Ventnor City Police Department, with the permission of the Chief of Police or his/her designee, shall be permitted to accept extra-duty employment assignments only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the City.
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police or his/her designee, which approval shall be granted if, in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.
Upon the Chief of Police's review of a special events permit or any other instance where the Chief of Police deems it necessary for the employment of extra-duty police officers for the general welfare and safety of the public, the Chief of Police or his or her designee may require extra-duty officers be assigned to an event, activity or assignment at the individual or entity's sole expense.
Application and fees for extra-duty employment for police officers. If police security is required or determined to be necessary by the Chief of Police of Ventnor for any extra-duty employment, then, in that event, the applicant shall be required to make application to the Chief of Police and shall be required to pay for said police and security. Such fee shall be based on the hourly rate as set forth in the current collective bargaining agreement plus an administrative fee of $20 per hour. A three-hour minimum payment shall be required for all extra-duty employments.
Any person or entity requesting the services of an off-duty law enforcement officer in the Ventnor City Police 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 Treasurer of the City by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. The City acknowledges that an emergent situation may arise that may require the immediate use of extra-duty employment without adequate time for an escrow account to be opened. In such instances, the Chief of Police and/or his/her designee shall have the authority to waive this provision.
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his or her designee shall verify that the balance in the escrow account of the person or entity 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 City Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.
In the event the projected hours for the event or project exceed the amount that has been paid into the escrow account, the Chief of Police, at his discretion, may cease the services of the off-duty law enforcement officers, and requests for further services may not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above, or the Chief may allow the post to continue with an agreement that the individual or entity shall pay the additional expenses within 10 days of the posting.
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.