[HISTORY: Adopted by the Township Committee
of the Township of East Hanover 5-5-1977 by Ord. No. 10-1977.
Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 42.
The provisions of N.J.S.A. 40A:14 et seq., as
set forth in N.J.S.A. 40A:14-156.1 to 40A:14-156.4 are hereby adopted
in and for the Township of East Hanover for the purpose of authorizing
the Township of East Hanover to enter into a mutual assistance agreement
with the Borough of Roseland.
The Township of East Hanover is hereby authorized
to enter into the hereinafter set forth mutual assistance agreement
in accordance with the provisions of N.J.S.A. 40A:14-156.1 et seq.
with the Borough of Roseland.
Mutual Assistance Agreement
THIS AGREEMENT made and entered by and between
the Township of East Hanover and the Borough of Roseland, both municipal
corporations of the State of New Jersey, the Township of East Hanover
being a municipal corporation situated in the County of Morris and
the Borough of Roseland being a municipal corporation situated in
the County of Essex:
WITNESSETH:
WHEREAS, the parties hereto are geographically
located adjacent to each other; and
WHEREAS, it is to the mutual advantage and benefit
of the parties hereto that each party agree to render supplemental
police assistance to the other party in the event of an emergency,
disaster or widespread conflagration or where it appears that an emergency,
disaster or widespread conflagration may develop, which may be beyond
the control of a single party and, therefore, requires the assistance
of the other party hereto; and
WHEREAS, municipal corporations of the State
of New Jersey are authorized under N.J.S.A. 40A:14-156.1 to 14-156.4
to provide police assistance outside the normal territorial jurisdiction
of the municipality,
NOW, THEREFORE, in consideration of their mutual
covenants, the Township of East Hanover and the Borough of Roseland
agree as follows:
1.
In the event of an emergency, disaster or widespread
conflagration which is beyond the capacity and facilities of one of
the parties hereto, the other party agrees to furnish, upon request,
police assistance in coping with such emergency, disaster or widespread
conflagration to the party requesting such assistance. The assistance
requested may be upon an actual or standby basis.
2.
The extent of assistance to be furnished under this
agreement shall be determined solely by the municipal party furnishing
such assistance, and it is understood that the assistance so furnished
may be discontinued at the sole discretion of the furnishing party.
3.
Each party hereto shall provide to the other party
the names of the Mayor, Police Chief, Police Commissioner or other
person or persons authorized to make and receive requests for assistance.
A list of all such persons shall be provided to the Essex County Prosecutor
and the Morris County Prosecutor.
4.
Police officers who shall be commanded by their superior
officer to maintain the peace or perform other police duties outside
the territorial limits of the municipality which regularly employs
such officers shall be under the direction and authority of the local
commanding officers of the municipality to which they are called to
perform such police or peace duties, and they shall be peace officers
thereof and shall have the same powers and authority and immunities
as have the members of the Police Department of the municipality in
which such assistance is being rendered.
5.
All personnel furnished shall work, to the greatest
extent possible, under their own supervisory personnel, and equipment
furnished will ordinarily be operated by personnel of the party furnishing
the equipment.
6.
It is mutually understood and agreed that the provisions
of this agreement shall be invoked only when, in the opinion of the
Mayor, Police Chief, Police Commissioner or other person or persons
in charge of police or public safety of the party requesting assistance,
it is deemed necessary to request outside assistance because all of
the normal facilities at their command have been exhausted and outside
assistance is needed to control and suppress an emergency, disaster
or widespread conflagration.
7.
The municipality requesting assistance shall, upon
request, reimburse the other municipality providing assistance to
the extent to which the municipality providing such assistance cannot
obtain reimbursement or payment for such assistance from any county,
state or federal governmental unit or agency for expenditures actually
incurred in furnishing assistance.
8.
This agreement shall not be construed as or deemed
to be an agreement for the benefit of any third party or parties,
and no third party or parties shall have any right of action hereunder
for any cause whatsoever.
9.
Either party to this agreement may withdraw at any
time from this agreement upon 30 days' written notice to the
other party.
10.
This agreement shall become effective for each party
hereof when that party, by ordinance of its governing body, ratifies
and approves this agreement and authorizes the proper municipal official
to execute the same, at which time certified copies of said ordinance
approving the same shall be distributed to the other party.
The Mayor and Township Clerk are hereby authorized
to execute said mutual assistance agreement on behalf of the Township
of East Hanover and take whatever other formal steps are necessary
to formalize said agreement, including attaching a certified copy
of the ordinance to said agreement.
This ordinance shall take effect upon final
passage and publication according to law.
