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Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
The enabling statute for ordinances relating to the Police Department is R.S. 40A:14-118, et seq.
[Ord. #907, § 1; Ord. #84-27, § 4.4]
The Police Department in the City shall be under the jurisdiction and control of the Director of the Department who may be the Police Chief.
[Ord. #907, § 2; Ord. #2015-05 § 2]
The Director of the Department, in addition to other powers and duties conferred upon him by law, shall also possess the following powers and duties with relation to the Police Department.
a. 
He shall exercise authority and control over all Police headquarters, stations, property, paraphernalia, equipment and apparatus now or hereafter owned by the City and used or to be used for the protection of life, health and property, and for enforcing the laws of the State of New Jersey and the ordinances of the City.
b. 
He shall recommend to the City Council the appointment of such officers and men, and such other employees as he deems necessary or expedient to efficiently govern, maintain and operate the Police Department.
c. 
He shall, from time to time, draft and recommend to the Business Administrator those rules and regulations not inconsistent with the laws of the State of New Jersey or the ordinances of the City for the government, control and regulation of the Police Department, as may be necessary to make the Department efficient and useful. These rules may prescribe the duties of the Chief of Police and all other members of the Department, and may provide such penalties or forfeitures as may be necessary or expedient. These rules, and amendments thereto which have been approved by the Business Administrator, shall be binding upon all officers and members of the Department.
[Ord. #907, § 2]
a. 
The Director shall supply all officers and members of the Department with printed copies of these rules and regulations and he or the Chief of Police at his discretion shall deliver at least one copy of these rules and regulations to each of the members of the Department. Such delivery shall be deemed notice of the making and contents thereof.
b. 
The Director shall have the power to suspend and remove any officer, member, or employee of the Department for proper cause; provided that removals from employment shall only be made in accordance with the laws of the State of New Jersey respecting such removals.
[Ord. #907, § 3; Ord. #853, § 3; amended 9-9-2021 by Ord. No. 21-23]
The personnel of the Police Department shall consist of one Chief of Police, a Deputy Chief of Police as needed, and such number of captains, lieutenants, desk sergeants, street sergeants, and other officers, detectives, patrolmen and employees as deemed necessary for the proper management, control and efficiency of the Department.
Any member of the Department who has acquired any right or employment status as a street sergeant, desk sergeant or maintenance sergeant shall not be deprived of any such acquired right or status but shall hereafter be known and designated as a sergeant. The salary of any such person shall continue as outlined in their current collective bargaining agreement.
[Added 2-24-2022 by Ord. No. 22-02]
The position of Police Chaplain for the Ocean City Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Chaplain shall be under the Chief of Police and subject to the control of the Chief of Police.
[Added 2-24-2022 by Ord. No. 22-02]
Any person appointed as Chaplain shall be an approved and member in good standing of the NJ State Chaplain's Association. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the Ocean City Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.
[Added 2-24-2022 by Ord. No. 22-02]
The duties of Police Chaplain shall include, but not be limited to, assisting the Ocean City Police Department in critical incident debriefing, death notifications, and/or any other duties that may be assigned by the Chief of Police.
[Added 2-24-2022 by Ord. No. 22-02]
Any person appointed as Chaplain shall serve in that capacity without Rank or Salary.
[Added 2-24-2022 by Ord. No. 22-02]
A person appointed as Chaplain shall serve for a period of three (3) years from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.
[Added 2-24-2022 by Ord. No. 22-02]
The Chief of Police may recommend to the Mayor persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the Ocean City Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police and an assigned Chaplain liaison within the Police Department to determine his/her qualifications in accordance with this section and shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor shall appoint Chaplains in accordance with this section with the advice and consent of City Council.
[Ord. #907, §§ 4—6; Ord. #2015-05 § 3]
The Chief of Police shall be the head of the Police Force and that he shall be directly responsible to the appropriate authority for the efficiency and routine day to day operations thereof, and that he shall, pursuant to policies established by the appropriate authority:
a. 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
b. 
Have, exercise, and discharge the functions, powers and duties of the force;
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 force to be exercised under his direction and supervision; and
e. 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.
It shall be the duty of the Chief of Police to command and properly regulate the affairs of the Police Department, subordinate to and under the supervision of the Director of the Department. All other members and employees of the Police Department shall be subordinate to and under the command of the Chief of Police.
The Chief of Police shall have command of the activities of the other members of the Police Department. He shall efficiently command the members of the Police Department and preserve the records of the Department. He shall have power to assign the members of the Department to any duties for the protection of life, health and public safety and to enforce the laws of the State of New Jersey, ordinances of the City and the rules of the Police Department.
Subject to the ultimate control of the Director of the Department, the Chief of Police shall have authority to detail such officers and men to duty in connection with the Department as he shall deem for the best interests of the Department, and he shall perform such other duties as shall devolve upon him by the laws of the State and ordinances of the City; he shall have sole and entire command over all members, apparatus and appurtenances of the Department. In the absence or disability of the Chief, the Director of the Department shall designate one of the captains to assume command and perform the duties of the Chief. In the absence or disability of any superior officer other than the Chief, the Chief shall have full power and authority to designate in a temporary and acting capacity such person as he shall consider proper to perform the duties of the superior rank.
[Ord. #732, § 6]
The Director of the Department hereby delegates, and the City Council ordains, that it shall be the duty and power of the Chief of Police to properly enforce the rules and regulations governing the conduct of the members of the Police Department, and for infractions of these rules the Chief of Police shall have the power to suspend any member or members of the Police Department for a period of time not to exceed thirty (30) days, with or without pay, according to the order of the Chief of Police, in the absence of the Chief of Police this power shall be vested in the captain.
[Ord. #907, § 7; Ord. #1009, § 2; Ord. No. 94-12 § 1; amended 9-9-2021 by Ord. No. 21-23]
All applicants for appointment to or for promotion within the Police Department or Fire Department shall be qualified for appointment or promotion as required by law, ordinance and Civil Service rules and regulations. All applicants for appointment shall be residents of the City of Ocean City and must maintain continuous residency within the City of Ocean City from the announced closing date of the New Jersey Department of Personnel Examination up to and including the date of appointment.
The department may also appoint members under alternate programs and rules as prescribed by the N.J. Civil Service Commission and/ or N.J. State Statute.
[Ord. #907, § 8]
All officers and members of the Police Department now serving as policemen of the City, or those hereafter appointed under the provisions of this Chapter, shall severally hold their respective positions and offices, and continue in their respective employments, during good behavior, efficiency and compliance with requirements for residence as set forth in Section 6-5, and shall not be removed from office or employment for political reasons, or for any cause other than those permitted by law and no removal shall be made from employment except in accordance with the laws of the State of New Jersey; and provided further, that nothing herein contained shall prevent the placing of an employee on a pension in accordance with the laws of the State of New Jersey.
[Ord. #949, § 1]
No person shall hereafter be given or accept a permanent appointment as a Police Officer in the City unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of New Jersey pursuant to the provisions of Chapter 56 of the Laws of 1961.
[Ord. #949, § 2]
This subsection shall not prohibit the giving or accepting of a probationary or temporary appointment as a Police Officer for a period not to exceed one year, to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission.
[Ord. #949, § 3]
No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a Police Officer in the City, and such appointee shall be entitled to a leave of absence with pay during the period of the police training course.
[Ord. #907, § 10; amended 9-9-2021 by Ord. No. 21-23]
Every permanent officer and member of the Police Department shall be granted sick leave with pay as outlined in their current collective bargaining agreement.
[Ord. #907, § 9; amended 9-9-2021 by Ord. No. 21-23]
Annual vacations shall be granted in accordance with the employee’s current collective bargaining agreement.
[Ord. #907, § 12; amended 9-9-2021 by Ord. No. 21-23]
The working hours of the personnel of the Police Department shall be in accordance with the employee’s current collective bargaining agreement.
[Ord. #1136, § 1]
The rules and regulations of the Police Department are hereby adopted by reference as if set out in full and promulgated in the document entitled "Rules and Regulations of the Ocean City Police Department" which is on file in the office of the City Clerk.
[Ord. #1136, § 2]
Copies of the aforesaid rules and regulations are available for inspection in the office of the City Clerk.
[Ord. #87-15, § 1]
This section is promulgated pursuant to authority conferred by the laws of the State of New Jersey and specifically N.J.S.A. 40A:14-146.8 "Special Law Enforcement Officers Act".
[Ord. #87-15, § 2]
In addition to the duties set forth under N.J.S.A. 40A:14-146.11(a), Class One Officers shall be empowered to issue Summons for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes.
[Ord. #87-15, § 3; amended 9-9-2021 by Ord. No. 21-23]
The City is hereby authorized to hire as many Special Law Enforcement Officers as is needed to fulfill their current mission. These officers may consist of Class I, Class II, or Class III Special Law Enforcement officers and must meet all of the rules promulgated by the Police Training Commission and as authorized by N.J.S.A. 40A:14-146.