[Ord. No. 557-08]
In accordance with N.J.S.A. 40A:14-1 et seq., and in consideration
of its continuous service to the citizens of Cape May Point since
1912, Cape May Point Volunteer Fire Company #1 ("Fire Company") is
hereby designated as the official protective fire service agency for
the Borough of Cape May Point.
[Ord. No. 557-08]
The Fire Company shall operate in accordance with N.J.S.A. 40A:14-68
as may be amended by the New Jersey Legislature. The appointment or
election of the Chief of the Fire Company shall remain the prerogative
of the membership of the Cape May Point Volunteer Fire Company #1
in accordance with its bylaws and policies. New members shall be brought
into the Company in accordance with the Company's bylaws and
procedures. Actual day-to-day operation of the Fire Company shall
be the responsibility of the line officers and elected corporate officers.
The Fire Chief shall have full operational authority with regard to
the provision of fire service.
[Ord. No. 557-08]
In addition to expenditures on apparatus and other items which
remain titled to the Borough of Cape May Point, in consideration of
the provision of protective fire services to the Borough of Cape May
Point, the Borough may make such annual contributions to Cape May
Point Volunteer Fire Company #1 as approved by the Board of Commissioners
as part of its budgetary process and in accordance with the requirements
of N.J.S.A. 40A:14-34.
[Ord. No. 557-08]
As allowed by law, employees, officers and elected officials
of the Borough are encouraged and permitted to serve as volunteer
fire fighters. Such service shall be in accordance with any and all
policies contained in the Borough's Personnel Policy and Procedures
Manual and/or Executive Policy Manual.
[Ord. No. 557-08]
In accordance with N.J.S.A. 40A:14-68, the provisions of this ordinance (Article I) shall serve as the contract called for under said statute as between the Borough of Cape May Point and the Cape May Point Volunteer Fire Company #1 for extinguishment of fires, superseding and nullifying the previous resolution giving direction and control of the fire company to the Governing Body on June 19, 1922. The Mayor and Municipal Clerk shall execute a copy of this ordinance (Article I) as shall the president of the Cape May Point Volunteer Fire Company #1, which copy shall be kept on file in the Office of the Municipal Clerk.
[Ord. No. 557-08]
The Cape May Point Volunteer Fire Company shall, at a regular
meeting of the Board of Commissioners in October, present a report
of membership and financial standing of the Fire Company and such
other information as may be directed by the Mayor and Board of Commissioners
regarding the operation of the program on the volunteer fire-fighting
force as a unit.
[Ord. No. 458-02 Preamble]
WHEREAS, N.J.S.A. 40A:14-156, et seq., authorizes municipalities
to enter into mutual aid and assistance agreements for police, fire,
first aid or ambulance squad services in cases of emergencies; and
WHEREAS, N.J.S.A. 40A:14-146.14c authorizes municipalities to
utilize special law enforcement officers, as well as regular, full-time
officers, when a mutual aid agreement has been enacted in accordance
with N.J.S.A. 40A:14-156.1; and
WHEREAS, the County of Cape May consists of 16 municipalities,
11 of which have municipal police or fire departments operating for
or within the Borough of Avalon, City of Cape May, Township of Lower,
Township of Middle, City of North Wildwood, City of Ocean City, City
of Sea Isle City, Borough of Stone Harbor, Borough of West Wildwood,
City of Wildwood or the Borough of Wildwood Crest, which regularly
interact and provide assistance to each other in police, medical or
fire related emergencies; and
WHEREAS, the Borough of Cape May Point, having no independent
police force, has contracted with the City of Cape May to provide
police services for the Borough of Cape May Point; and
WHEREAS, each of the aforementioned municipalities of the County
of Cape May wish to formalize and refine existing practice by entering
into mutual aid agreements.
[Ord. No. 458-02]
Established pursuant to N.J.S.A. 40A:14-26, N.J.S.A. 40A:14-156,
N.J.S.A. 40A:14-156.1 et seq. and N.J.S.A. 40A:14-146.14c, there are
hereby established mutual aid agreements among and between the Borough
of Cape May Point and each of the aforementioned municipalities in
the County of Cape May, New Jersey, which shall become effective upon
the adoption by one or more of the aforementioned municipalities (hereinafter
referred to as "participating municipalities") of reciprocal ordinances
to provide mutual aid in the police, firefighting or emergency medical
(hereinafter "EMS") services in case of emergency. This agreement
shall apply whenever the Borough of Cape May Point may have an emergency
within its boundaries requiring additional police, firefighting or
EMS assistance to protect life and property and whenever any of the
aforementioned municipalities may experience a similar emergency.
[Ord. No. 458-02]
For purposes of this Agreement:
Shall be broadly defined and shall include situations in
which the number of available police officers, fire fighters or EMS
officials in a participating municipality is insufficient to meet
the public need in a particular situation. No formal declaration of
emergency is required to implement the provisions of the Mutual Aid
Agreement. The Chiefs or Heads of the participating municipalities,
police departments, fire departments and first aid or ambulance squads
shall jointly prepare written standard operating procedures (hereinafter
referred to as "SOP") which shall address procedures for the day-to-day
implementation of mutual police, firefighting or EMS aid. A copy of
the SOP and all amendments and revisions thereto, shall be filed with
each police department, fire department and EMS organization, along
with the respective Municipal Clerk of each participating municipality,
and with the appropriate dispatching authorities with the County.
[Ord. No. 458-02]
The Chief or Head of the Cape May City Police Department, the
Cape May Point Fire Company or EMS organization of a participating
municipality or in his absence, the highest ranking official in the
chain of command, is hereby authorized to request assistance from
the Chief or other Head of the Police Department, Fire Company or
EMS organization of any other participating municipality to provide
aid in accordance with this Agreement and existing SOP.
[Ord. No. 458-02]
A participating municipality shall provide police, firefighting
or EMS assistance, when a valid request in accordance with this Agreement
to supply personnel is made, to the extent possible without endangering
persons or property within the confines of the providing municipality.
Each providing municipality retains the right to withdraw personnel
or equipment if emergency conditions so warrant. The decision of the
providing municipality's Chief Executive Officer or in his absence,
the highest ranking official in the chain of command, with respect
to the extent and duration of aid to a requesting municipality which
can be afforded without endangering persons or property within the
providing municipality, shall be binding.
[Ord. No. 458-02]
Each municipality adopting an ordinance reciprocal to this ordinance
shall, prior to adoption, obtain the written consent of its volunteer
fire company, if any, and volunteer EMS organization, if any, to be
bound by the terms of this ordinance for as long as the volunteer
organizations continue to supply services in their parent municipality.
[Ord. No. 458-02]
The members of the providing municipality's Police Department,
Fire Department or EMS organization supplying aid shall have the same
powers, authority, rights and immunities as the members of the police,
firefighting or EMS force of the requesting municipality when aid
is being rendered therein; however, the highest ranking, full-time
regular office of the requesting municipality present at the scene
shall assume command.
[Ord. No. 458-02]
The providing municipality shall assume the cost and expense
of providing its personnel and equipment to the requesting municipality,
pursuant to this Agreement, if the duration of the aid is eight man-hours
or less within any one-month period. If the requesting municipality
receives State or federal aid by way of reimbursement, for a particular
incident, it shall distribute said funds among the providing municipalities,
for that incident, on a pro-rata basis, depending upon the man-hours
of each. The costs incurred in excess of eight man-hours, by any providing
municipality, shall be submitted to and paid by the requesting municipality
as reimbursement.
[Ord. No. 458-02]
Members of the police, firefighting or EMS force of the providing
municipality suffering injury, or their legal representatives, if
death results, while rendering assistance in the requesting municipality,
shall be entitled to all such benefits they would have realized if
injury or death had occurred in the performance of normal duties in
their own municipality, with such benefits to be provided by the providing
municipality.
[Ord. No. 458-02]
So long as this Mutual Aid Agreement is in full force and effect,
the participating municipalities shall maintain general liability
insurance in the minimum amount of one million dollars ($1,000,000.00)
for personal injury and $500,000 for property damage and liability
insurance for police enforcement and firefighting activities in the
minimum amount of one million dollars ($1,000,000.00) and shall annually
provide each of the other participating municipalities with certificates
of insurance showing said insurance is in full force and effect. Said
insurance shall be applicable to damage or injury resulting from the
actions or conduct of the personnel of any providing municipality,
as well as of the personnel of any requesting municipality.
[Ord. No. 458-02]
This Ordinance No. 458-02, adopted August 8, 2002, shall take
effect upon final passage and publication according to law. It shall
become effective with respect to this municipality's activities
with another participating municipality, when such other participating
municipality has adopted an ordinance reciprocal to this one and such
ordinance has become effective in that municipality.
[Ord. No. 458-02]
This Ordinance No. 458-02 supersedes and rescinds all prior
ordinances, resolutions, enactments or agreements governing mutual
aid between those municipalities who have adopted ordinances reciprocal
to this ordinance.
