[HISTORY: 1968 Code Chapter 2 §§ 2-1 — 2-11 as amended through 12-28-2015. Amendments noted where applicable.]
[Ord. No. 816, 5-22-1996]
Pursuant to N.J.S. 40A:14-26, N.J.S. 40A:14-156, N.J.S. 40A:14-156.1, et seq., and N.J.S. 40A:14-146.14c., there are hereby established mutual aid agreements among and between this municipality 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 this municipality 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.[1]
[1]
Editor's Note: Participating municipalities include 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 Cape May, Borough of West Wildwood, City of Wildwood, Borough of Wildwood Crest.
For purposes of this Ordinance No. 816, the term "emergency" shall be broadly defined and shall include situations in which the number of available police officers, firefighters 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 clerks of each participating municipality and with the appropriate dispatching authorities with the county.
The Chief or Head of the Police Department, Fire Department or EMS organization of a participating municipality or, in his or her 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 Department or EMS organization of any other participating municipality to provide aid in accordance with this agreement and existing SOP.
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 emergent conditions so warrant. The decision of the providing municipality's Chief Executive Officer or, in his or her 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.
Each municipality adopting an ordinance reciprocal to this Ordinance No. 816 shall, prior to adoption, obtain the written consent of its volunteer fire company(ies), if any, and volunteer EMS organization(s), 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.
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 officer of the requesting municipality present at the scene shall assume command.
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.
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 the normal duties in their own municipality, with such benefits to be provided by the providing municipality.
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 $1,000,000 for personal injury and $500,000 for property damage and liability insurance for police enforcement and firefighting activities in the minimum amount of $1,000,000 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.
This Ordinance No. 816 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.
This Ordinance No. 816 supersedes and rescinds all prior ordinances, resolutions, enactments or agreements governing mutual aid between those municipalities who have adopted ordinances reciprocal to this Ordinance No. 816.