[HISTORY: Adopted by the Township Committee of the Township of East Hanover 5-5-1977 by Ord. No. 10-1977. Amendments noted where applicable.]
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
Either party to this agreement may withdraw at any time from this agreement upon 30 days' written notice to the other party.
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.