City of Hackensack, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Hackensack 6-26-2013 by Ord. No. 16-2013;[1] amended in its entirety 4-7-2015 by Ord. No. 13-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building, Housing and Land Use Department — See Ch. 6.
Fire Department — See Ch. 19.
Health Department — See Ch. 23.
The following chapters are administered and/or enforced, in whole or in part, by the Police Department:
Ch. 45, Advertising Materials.
Ch. 47, Alarm Devices.
Ch. 51, Amusement Machines, Automatic.
Ch. 52, Animals, Article II, Dogs: Licensing and Regulation.
Ch. 52, Animals, Article IV, Disposition of Impounded Dogs.
Ch. 56, Automobile Driving Schools.
Ch. 63, Bicycles and Sleds.
Ch. 86, Firearms, Weapons and Explosives.
Ch. 90, Food and Drink, Article IV, Ice Cream Peddlers.
Ch. 90, Food and Drink, Article VII, Sale of Tobacco Products.
Ch. 94, Gardeners, Landscapers, Horticulturists, and Snow Removal Business.
Ch. 102, Jewelry, Secondhand.
Ch. 107, Licenses and Permits.
Ch. 109, Littering.
Ch. 112, Noise.
Ch. 114, Nuisances.
Ch. 117, Parks.
Ch. 119, Peace and Good Order.
Ch. 121, Peddling and Soliciting.
Ch. 125, Poolrooms.
Ch. 127, Private Property, Parking on.
Ch. 143, Shopping Carts.
Ch. 155, Taxicabs.
Ch. 158, Tourist Lodges and Camps.
Ch. 159, Towers and Wreckers.
Ch. 168, Vehicles and Property, Abandoned.
Ch. 170, Vehicles and Traffic.
[1]
Editor’s Note: This ordinance also repealed former Ch. 32, Police Department adopted 4-23-2013 by Ord. No. 7-2013.
There is hereby created, in and for the City of Hackensack, a Police Department, as follows:
A. 
Sworn officers. Seven Captains, seven Lieutenants, 18 Sergeants, and a maximum of 80 police officers, to be appointed to these positions by the City Manager with the budgetary approval of the City Council, as public need may require.
[Amended 2-9-2016 by Ord. No. 03-2016]
B. 
Civilian.
(1) 
Communication operators, mechanics, parking meter repairers, parking meter collectors and repairers, school traffic guards, office-clerical personnel and such other titles as may be established.
(2) 
Director of Police.
(a) 
Establishment. The City Manager shall appoint a person to be designated as the "Director of Police," to serve at the pleasure of the City Manager, as herein provided.
(b) 
Said Director of Police shall assume and be vested with all powers and duties allowable under this article and to the fullest extent permissibly delegable to him under N.J.S.A. 40A:14-118. Any reference in any law or ordinance to the Chief of Police or to the Police Chief shall be deemed to include the Director of Police, so long as it is in accordance with all applicable New Jersey state statutes.
(c) 
The compensation of said Director of Police shall be set by a duly executed contract by and between said person and the City of Hackensack.
C. 
Special law enforcement officers. The City of Hackensack hereby establishes 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.)
(1) 
Special law enforcement officers are subject to the personnel policies of the City of Hackensack.
(2) 
Special law enforcement officers are subject to the City of Hackensack Police Department's Rules and Regulations, and Written Directive System, where applicable.
The Police Department shall:
A. 
Preserve the public peace;
B. 
Protect life and property;
C. 
Detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the City of Hackensack;
D. 
Direct and control traffic;
E. 
Provide attendance and protection during emergencies;
F. 
Make appearances in court;
G. 
Cooperate with all other law enforcement agencies; and
H. 
Provide training for the efficiency of its members and officers.
Pursuant to N.J.S.A. 40A:14-118, and to the fullest extent permissibly delegable to him under said statute, the Director of Police shall be directly responsible to the appropriate authority for the efficiency and routine day-to-day operations of the Police Department. The Director of Police shall, pursuant to policies established by the appropriate authority and consistent with City ordinances:
A. 
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.
B. 
Have, exercise, and discharge the functions, powers and duties of the Police Department.
C. 
Prescribe the duties and assignments of all subordinates and other personnel.
D. 
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.
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 force during the preceding month, and make such other reports as may be requested by the appropriate authority.
In accordance with N.J.S.A. 40A:14-118, the City Manager is hereby designated as the appropriate authority and is hereby vested with the powers and duties of an appropriate authority as delegated by law.
[Amended 2-9-2016 by Ord. No. 03-2016]
A. 
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 Department of Personnel and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances.
B. 
In the event any appointed Captain is suspended, placed on terminal leave, or has otherwise provided notice of irrevocable retirement, the City Manager shall appoint a current Lieutenant to fill that Captain’s position and to continue the performance of duties and assume the responsibilities associated therewith. Such an appointment may be temporary and subject to a return to the Lieutenant’s original position upon the Captain’s return to active duty, or such appointment may be permanent and intended to be a promotion and replacement of a Captain on terminal leave or who is otherwise retiring from the Department. The decision of whether an appointment is temporary or permanent shall be made by the City Manager and the Police Director, pursuant to Department policy, the rules and regulations of the State of New Jersey Department of Personnel, and as otherwise prescribed by the statutes of the State of New Jersey and City ordinances.
Discipline of police officers will be imposed consistent with New Jersey State statutes, New Jersey Administrative Code, the rules and regulations of the Hackensack Police Department, and the rules and regulations of the State of New Jersey Department of Personnel. The written charges will be signed by the Director of Police, or designee as provided in the New Jersey Statutes and the Police Department's rules and regulations. Police officers 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. 
Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Hackensack Police Department and to authorize the outside employment of City police while off duty, the City hereby establishes a policy regarding the use of said officers.
(1) 
Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts 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.
(2) 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Director of Police, or said Director's designee, which approval shall be granted if, in the opinion of the Director, or said Director's designee, 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.
B. 
Escrow accounts.
(1) 
Any person or entity requesting the services of an off-duty law enforcement officer in the Hackensack Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Director of Police, or said Director's designee, and shall establish an escrow account with the City Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees for the total estimated hours of service. This may be waived for nonprofit organizations, public utilities, or for companies that have a working relationship with the City.
(2) 
Prior to posting any request for services of off-duty law enforcement officers, the Director of Police, or said Director's 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 Director of Police, or said Director's designee, 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.
(3) 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
(4) 
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.
C. 
Requests for services.
(1) 
Any law enforcement officers, when so employed by the City, shall be treated as employees of the City; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
A. 
The following classes of special law enforcement officers are hereby established:
(1) 
Class I special law enforcement officers (hereinafter referred to as "Class I officers").
(a) 
Class I officers shall have the power to perform routine traffic detail, spectator control and similar duties. Class I officers also shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes.
(b) 
Class I officers shall not be compensated and shall not receive benefits.
(2) 
Class II special law enforcement officers (hereinafter referred to as "Class II officers").
(a) 
Class II officers shall have the same power and authority of a full-time, permanent Hackensack police officer only when on duty and actually performing his or her public safety function as designated by the Director of Police. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer.
(b) 
Class II officers may be compensated, on an assignment basis, at a minimum rate of $15 an hour and a maximum rate of $20 an hour and shall not receive any benefits.
B. 
A special law enforcement officer shall not be deemed to be on duty for purposes of this article while performing private security duties for private employers, which duties are not assigned by the Director of Police.
A. 
Special law enforcement officers shall be appointed for a term not to exceed one year. Nothing herein shall be construed to require reappointment at the end of the term. The special law enforcement officers so appointed shall not be members of the police force, and their powers and duties shall cease at the expiration of the term for which appointed.
B. 
No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties.
(1) 
Class I officers shall have no right to carry a firearm when engaged in the actual performance of the officer's duties.
(2) 
Class II officers shall carry, only after satisfactory completion of an approved firearms course as set forth by the Police Training Commission and when specifically authorized by the Director of Police a firearm issued and approved by the Police Department while on duty and actually engaged in their assigned public safety duties. Class II officers shall be issued the approved firearm at the start of their tour and shall return said firearm to the Police Desk Officer upon the completion of their tour.
A. 
Special law enforcement officers shall work part-time, except during periods of emergency, and will be assigned at the direction of the Director of Police.
B. 
Special law enforcement officers shall wear the appropriate uniform of the day as directed by the Director of Police, which shall include: hat, badge, name tag, Hackensack Police Department uniform patch and insignia issued by the Police Training Commission which clearly indicates the officer's status as a Class I or Class II officer.
A. 
Qualifications for a special law enforcement officer shall be as follows:
(1) 
The person meets the residency requirements as described in N.J.S.A. 40A:14-146.10. Persons appointed as special law enforcement officers shall not be required to maintain residency in the City of Hackensack.
(2) 
The person is able to read, write and speak the English language well and has a high school diploma or its equivalent.
(3) 
The person is sound in body, mind and in good health.
(4) 
The person is of good moral character.
(5) 
The person has not been convicted of any offense involving dishonesty which would make him or her unfit to perform the duties of his or her office.
(6) 
The person has successfully completed a background investigation by the Hackensack Police Department and has successfully undergone the same physical and psychological testing as full-time, permanent Hackensack police officers.
B. 
All applicants for special law enforcement officer shall be fingerprinted and shall have the same filed with the Hackensack Police Department, Division of State Police and the Federal Bureau of Investigation.
C. 
No person shall be appointed to serve in more than one local unit at the same time, and no full-time permanent police officer in any local unit may be appointed. However, any full-time permanent police officer who was separated from service in good standing may be appointed a special law enforcement officer, and any training for said position may be waived at the discretion of the Police Training Commission.
D. 
No public official with the responsibility of setting law enforcement policy or exercising authority over the budget of the Department of Public Safety shall be appointed a special law enforcement officer.
A. 
No person may commence his or her duties as a special law enforcement officer unless he or she has completed a training course approved by the Police Training Commission, at which time a certificate of training will be issued to the officer.
B. 
No special law enforcement officer shall carry or be issued any firearm unless he or she has completed the basic firearms course approved by the Police Training Commission. All special law enforcement officers shall qualify semiannually with their issued firearms.
A. 
Special law enforcement officers may be employed only to assist the local law enforcement unit but may not be employed to replace or substitute for full-time regular police officers or in any way diminish the number of full-time officers.
B. 
There shall be no restriction on the number of Class I special law enforcement officers.
C. 
The number of Class II special law enforcement officers shall not exceed 25% of the total number of regular police officers.