Borough of Bradley Beach, NJ Article VI Department of Public Safety

[Amended by Ord. No. 1992-17; Ord. No. 1993-04; Ord. No. 1998-21; Ord. No. 1999-01]

§ 5-29 Establishment.

There is hereby established the Department of Public Safety, which shall consist of the following divisions.

§ 5-30 Division of Police.

A. There shall be a Division of Police within the Department of Public Safety as the Police Department of the Borough of Bradley Beach. The Department will consist of a Police Chief and 17 additional sworn regular members of the Police Department.

[Amended 2-8-2005 by Ord. No. 2005-2; 2-12-2008 by Ord. No. 2008-2; 6-28-2016 by Ord. No. 2016-30]

B. Rank shall be established by the appropriate authority, that is the Mayor and Council, and may be comprised of the following regular members subject to the approval of the Mayor and Council;

[Amended 2-8-2005 by Ord. No. 2005-2; 6-28-2016 by Ord. No. 2016-30]

(1) Not more than one Police Captain.

(2) Not more than two Lieutenants.

(3) Not more than three Sergeants.

(4) Not more than 11 Patrolmen (unless there is a reduction in hire rank, then manpower may be added to the number of Patrolmen).

C. The Police Department shall follow all necessary orders and procedures through the chain of command, which is established by the appropriate authority under the direction of the commanding officer, the Chief of Police.

[Amended 2-8-2005 by Ord. No. 2005-2; 6-28-2016 by Ord. No. 2016-30]

D. Division officers; duties.

(1) The Chief of Police shall be the chief executive of the Division of Police, and he and all other police officers of the Borough shall severally perform the duties imposed upon them by this section and by such orders, rules and regulations as may from time to time be adopted by the Chief of Police with the prior approval of the Borough Council.

(2) In the absence of the Chief of Police, the next senior ranking officer shall perform the duties of the Chief. In the absence of the Chief of Police and the senior ranking officer, the officer designated by the Mayor and Borough Council shall perform the duties of the Chief of Police.

[Amended 2-8-2005 by Ord. No. 2005-2; 2-12-2008 by Ord. No. 2008-2]

E. Rules and regulations. The Chief of Police of the Borough of Bradley Beach shall, consistent with the provisions of Subsections C and D of this section, prepare and, with the approval of the Borough Council, adopt rules and regulations for the control, disposition and discipline of the Division of Police, together with fixing and enforcing penalties for violation of such rules and regulations.

F. Qualifications. No person shall be appointed to the Division of Police unless he shall at the time of making application be between the ages of 18 and 35, except as provided for by law. Each applicant shall comply with all the laws of the State of New Jersey pertaining thereto.

[Amended 2-8-2005 by Ord. No. 2005-2]

G. Oath of allegiance. Before entering upon the performance of his duties, each member of the Division of Police shall take and subscribe an oath, which shall be filed with the Borough Clerk, to bear true faith and allegiance to the government established in this state, to support the Constitutions of the United States of America and the State of New Jersey, and to faithfully, impartially and justly discharge and perform all the duties of his office.

H. Duties of Division. The Division of Police shall:

(1) Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.

(2) Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons; to protect the safety and facilitate the convenience of motorists and pedestrians; and to make and enforce rules and regulations consistent with the ordinances and resolutions of the Borough for such purposes.

(3) Remove or cause to be removed all nuisances in the public streets, parks, and other public places of the Borough; inspect and observe all places of public amusement or assemblage and all places of business requiring any state or Borough license or permit and report thereon to the appropriate department.

(4) Provide proper police attendance and protection at fires.

(5) Provide for the attendance of its members in court when necessary for the prosecution and trial of persons charged with crimes and offenses and cooperate fully with the law enforcement and prosecuting authorities of federal, state and county government.

I. Special law enforcement officers.[1]

(1) Establishment of position of special law enforcement officer. There is hereby established the position of special law enforcement officer in and for the Borough of Bradley Beach.

(2) Definitions. Whenever any words and phrases are used in this subsection, the meanings respectively ascribed to them in N.J.S.A. 40A:14-146.9 shall be deemed to apply to such words and phrases used herein.

(3) Criteria for appointment and promotion. Before any special law enforcement officer is appointed, the Chief of Police, or in the absence of the Chief, other chief law enforcement official of the Borough, shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Mayor and Council.

(4) Appointment of special law enforcement officers. Special law enforcement officers may be appointed for terms not to exceed one year, and the appointments may be revoked by the Mayor and Council for cause, after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the police force of the Borough, and their powers and duties shall cease at the expiration of the term for which appointed.

(5) Qualifications of special law enforcement officers.

(a) No person may be appointed as a special law enforcement officer unless the person:

[1] Is a resident of this state during the term of appointment;

[2] Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;

[3] Is sound in body and of good health;

[4] Is of good moral character;

[5] Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office;

[6] Has successfully undergone the same psychological testing that is required of all full-time police officers in the Borough or with regard to a special law enforcement officer hired for a seasonal period has successfully undergone a program of psychological testing approved by the Police Training Commission established in the Department of Law and Public Safety pursuant to N.J.S.A. 52:17B-70.

(b) Every applicant for the position of special law enforcement officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

(c) No person shall be appointed to serve as a special law enforcement officer if that person serves as a special law enforcement officer in another municipality in this state, nor shall any permanent, regularly appointed full-time police officer of any local unit be appointed as a special law enforcement officer. No public official with responsibility for setting law enforcement policy or exercising authority over the budget or any municipality in this state, or supervision of the Police Department of a municipality in this state, shall be appointed as a special law enforcement officer.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(d) Any person who at any time prior to his appointment had served as a duly qualified, fully trained, full-time officer in any municipality in this state and who is separated from that prior service and good standing shall be eligible to serve as a special law enforcement officer consistent with the guidelines promulgated by the Police Training Commission. If the Police Training Commission waives the training requirements which are required by the statute, the Mayor and Council, if it chooses, may appoint such person as a special law enforcement officer.

(6) Training course.

(a) No person may commence his duties as a special law enforcement officer unless he has successfully completed the training course and certification requirements of N.J.S.A. 40A:14-146.11, unless such training requirements have been waived by the Police Training Commission.

(b) All special law enforcement officers appointed in service on the effective date of this act may continue in service if within 24 months of the effective date of this act they will have completed all training and certification requirements of this act.

(7) Classification of officers. There are hereby established two classifications of special law enforcement officers.

(a) Class One. Officers of this class are hereby authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.

(b) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class is authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission.

(8) Uniforms. Every special law enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name of the Borough of Bradley Beach. The uniform shall also include an insignia issued by the Police Training Commission which clearly indicates the officer's status as a special law enforcement officer and the type of certification issued by the Commission. All special law enforcement officers prior to the commencement of duties shall be in uniform properly displaying the appropriate insignia.

(9) Equipment and uniform. Whenever a special law enforcement officer's appointment is revoked or a special law enforcement officer is not reappointed upon the expiration of the term, the special law enforcement officer shall return to the Chief of Police, or his designee, all issued uniforms, badges and equipment within 15 days of the revocation or expiration of term.

(10) Carrying of firearms. Special law enforcement officers shall carry and return firearms pursuant to the guidelines established in N.J.S.A. 40A:14-146.14b.

(11) Rules and regulations. Special law enforcement officers shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Borough, as well as any rules and regulations applicable to the conduct and decorum of special law enforcement officers.

(12) Performance of duties.

(a) A special law enforcement officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the Borough, and shall perform his duties only in the Borough unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.

(b) The Chief of Police or, in the absence of the Chief, other chief law enforcement officers of the Borough may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers of the Borough, including, but not limited to, the carrying of firearms and the power to arrest subject to rules and regulations; any such authorization shall not be inconsistent with the certification and classification requirements as set forth in Subsection I(7)(a) and (b) of this section.

(13) Hours of employment, resort community.

(a) The provisions of N.J.S.A. 40A:14-146.16a and c regarding the maximum hours of employment of special law enforcement officers are hereby incorporated as part of this subsection.

(b) For the purposes of N.J.S.A. 40A:14-146.16a and c, it is hereby determined and declared that the Borough of Bradley Beach is a resort community as defined in N.J.S.A. 40A:14-146.9.

(14) Limitation of use of officers. Special law enforcement officers may be employed to assist the Bradley Beach Police Department, but may not be employed to diminish the number of full-time officers employed by the Borough.

(15) Number of categories of officers. The number of special law enforcement officers designated as Class One members shall not exceed 50 persons. The number of special law enforcement officers designated as Class Two members shall not exceed 50 persons.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

J. Removal and suspension.

(1) Each regular police officer shall hold office and continue in his employment during good behavior and efficiency and no person shall be removed from office or employment for any cause other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer, disobedience of the rules and regulations of the Division or absence from duty without just cause for five days or more.

(2) Any member of the Division may be suspended, removed, fined or reduced from his office or employment therein, for just cause upon due notice and service of written charges and a hearing before the Mayor and Borough Council as provided by N.J.S.A. 40A:14-147 et seq.

K. Hours of employment. The hours of employment of the uniformed members of the Division of Police shall not exceed 40 hours in any week, provided that in the case of an emergency the officer, Borough Council or other official having charge or control of the Division of Police or the police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.

L. Probationary appointment. Each person appointed to the Division shall be known as a probationary patrolman and shall serve as such for a period of one year from the date of his appointment. At the termination of the probationary period, and provided that the candidate or person promoted satisfactorily meets all the requirements of the position to which he has been appointed or promoted for the probationary period, the appointment or promotion shall be final.

M. Appointments by the Mayor and Borough Council.[3]

(1) Preamble.

(a) Whereas, all members of the Borough of Bradley Beach Division of Police shall be appointed by the Mayor and Borough Council; and it is in the best interest of the Borough of Bradley Beach to be able to hire as regular police officers those persons who have been employed by other police departments as regular full-time police officers and which said persons are fully trained and experienced in police work and are qualified to be regular police officers, as members of the Bradley Beach Division of Police.

(b) It is the intent of the governing body to be in a position to hire a trained and qualified police officer who is desirous of becoming a member of the Bradley Beach Division of Police in the position other than probationary patrolman; and it is the intent of the governing body to make an appointment of an individual to the Bradley Beach Division of Police in a position other than that of probationary patrolman and to award a salary to that said individual other than that of a probationary patrolman salary, said salary in accordance with the Salary Ordinance of the Borough.[4]

[4] Editor's Note: The Salary Ordinance is on file in the office of the Borough Clerk.

(c) The aforementioned preambler is hereby incorporated herein as if set forth at length.

(2) The Mayor and Borough Council is hereby empowered to appoint persons to the Division of Police of the Borough of Bradley Beach in a position other than probationary patrolman, if the person or persons so appointed are fully trained and qualified persons to be regular members of the Bradley Beach Division of Police. The Mayor and Borough Council may set the salary for the person or persons so appointed under this section, and the salary shall be based upon the person's experience and training.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

N. Police officers' training and equipment expenses and possible reimbursement to the municipality therefor.

(1) In the event that a probationary patrolman (provided he or she is subsequently fully appointed to the Division of Police) or a regular member of the Division of Police shall attend any training course, or courses, and if said officer shall receive payment of his or her salary during the period of absence for said training and if any of the foregoing individuals obtain training equipment at the cost and expense of the Borough, then it is expressly deemed a part of the employment of any such officer that in the event that such officer shall fail to serve the Borough of Bradley Beach as a police officer, at the rate or rates of pay established by the ordinance, for a period of not less than three years from the time of the completion of said course or courses of training and if said police officer shall terminate his appointment prior to said period of time, other than if dismissed, said police officer shall reimburse the Borough of Bradley Beach for the cost to the Borough of his or her said training and equipment expenses and salary received during the period of his or her absence for training at any such course or courses.

(2) The aforesaid reimbursement costs may be deducted in whole or in part from monies owed said officer, and the Borough shall also have the right to institute any action or actions to collect the same.

O. P.B.A. contract with the Borough.

(1) Findings. The Borough of Bradley Beach and the authorized representatives of the Bradley Beach Division of Police, namely the P.B.A. Local, Bradley Beach Division of Police have entered into negotiations and have agreed upon terms of a contract to be entered into between the parties, as more specifically set forth in such contract.

(2) Agreement; public record. The Borough agrees to the terms and provisions of the contract agreement which is specifically made a part hereof by reference and which contract agreement is on file in the office of the Borough Clerk at Borough Hall, Bradley Beach, New Jersey and is open for inspection during regular office hours.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(3) Authorization; execution. The Mayor and the Borough Clerk are herewith authorized and directed to execute such contract agreement on behalf of the Borough, subsequent to its execution by the duly authorized officers or representatives of the Division of Police.

(4) Provisions exclusive to the Division of Police. The provisions of the aforesaid contract agreement shall apply solely to the members of the Division of Police and to no other Borough employees.

(5) Supersedes other provisions. As to the members of the Division of Police, any provisions in this chapter, as amended, which may be inconsistent with or contrary to the provisions of the aforesaid contract agreement shall be deemed superseded by the terms and provisions of such contract agreement.

(6) Contract alteration; modification; amendment. The contract referred to herein may hereafter be altered, modified or amended by the adoption of a resolution therefor by the Borough Council and the execution of an agreement to that effect by and between the Borough Council and the Borough of Bradley Beach.

§ 5-31 Division of Fire. [1]

A. Establishment and composition. There is hereby authorized and established the Division of Fire of the Borough of Bradley Beach. Said Division of Fire shall consist of one company. There shall be a Chief, a Deputy Chief, a Captain and a Lieutenant and such other firemen and officers as may be approved by the Division of Fire and the Mayor and Borough Council.

B. Membership. The Division of Fire shall consist of not more than 60 members working for their New Jersey State exemption and an unlimited number of exempt members. All firemen shall be subject to the restrictions of the New Jersey State Firemen's Relief Association in good standing according to the bylaws of the Division of Fire, which said bylaws shall be approved by the Borough Council before becoming operative. The term of office for officers shall be for a period of one year commencing on the first day of January next succeeding their election and approval and terminating on the 31st day of December of the same year or until their successor is elected and duly approved. But, such Chiefs and other officers shall not become entitled to perform the duties of their offices until their election shall have been approved by the Borough Council at a meeting of that body. No person shall be promoted to the position of Chief, Deputy Chief or Captain until he has passed approved courses as provided in Subsection L herein. In addition, there shall be elected such other officers as shall be prescribed and set forth in the bylaws to be adopted as set forth and required in subsections set forth herein.

C. Annual election. The annual election for all Division of Fire officers shall be held on the first Wednesday in December of each year, which elections shall be held at such place as fixed by the Division of Fire President, annually. The polls during the elections shall be open between the hours of 7:00 p.m. and 9:00 p.m. of the date fixed for holding the election. The Division of Fire President shall appoint a judge, clerk and teller of elections prior to the opening of the polls, and the Division of Fire Secretary shall certify the result of the election to the Borough Council at its next meeting for approval by a majority of the members present at that meeting.

D. Disapproval of elected officers. In case a majority at the meeting of the Borough Council shall disapprove any of the officers elected by the Division of Fire, the Borough Council shall give to the disapproved elected officer four days' notice of a hearing to be held within 10 days from the time of disapproval, at which time such officer shall be given an opportunity to be heard and shall be advised of the reasons for the disapproval. If after the hearing the Borough Council shall disapprove of the officer, the disapproval shall be read at the next regular meeting of the Division of Fire, at which meeting new nominations shall be made. Thereafter, a special election of the Division of Fire shall take place between the hours of 7:00 p.m. and 9:00 p.m. on the second Wednesday following the nominating meeting. All members of the Division of Fire shall be notified by the Division of Fire Secretary at least three days in advance of the time and place of the special election.

E. Voting qualifications. No member of the Division of Fire shall have the right to vote for any officers of the Division of Fire unless he is a member of the Division of Fire in good standing for at least three months prior to this annual election. Active members who are not exempt, in order to be eligible to vote, shall, in addition to attending three meetings from September 1 of the prior year to August 31 of the current year, maintain their percentage of fire attendance as established by the New Jersey State Firemen's Association. Exempt members of the Division of Fire to be eligible to vote in any and all elections shall have attended five meetings from September 1 of the prior year to August 31 of the current year. The Secretary of the Division of Fire shall, at 24 hours before the opening of the election polls, submit a list of names of the approved voters of the Division of Fire to the Clerk of Election. No member of the Division of Fire shall have the right to vote for any Division officer of the Bradley Beach Division of Fire unless such member shall fully comply with the foregoing provisions of this Subsection E as may apply to such members; and provided, further, that such member, in order to be entitled to vote for any Division officer of the Division of Fire, shall be either an exempt member of the Division of Fire or a member of the Division of Fire working for his state firemen's exemption papers entirely in accordance with the requirements, rules and regulations of the New Jersey State Firemen's Association (New Jersey State Firemen's Relief Association).

F. Vacancies.

(1) When any vacancy exists as to a Division of Fire officer, the vacancy shall be filled in accordance and in compliance with the bylaws of the Division of Fire. In the event that a vacancy should occur in the office of the Chief during any term, his office for the unexpired term shall be filled by the Deputy Chief; or in the event the person being elevated from the Deputy Chief to Chief does not have the necessary qualifications as set forth in Subsection L of this section; or in the event the person being elevated from Deputy Chief to Chief pursuant to Subsection I of this section declines to accept the nomination for Chief, then the next qualified Ex-Chief is elevated to Chief; if no qualified Ex-Chief accepts the office of Chief, then an unqualified Ex-Chief can fill the position; then, in any of the following events, there shall be an election to fill the position of Chief. Those persons who may accept the nomination for Chief, to hold the position of Chief, shall be Ex-Chiefs. All Ex-Chiefs qualifying to accept the nomination and position of Chief, as aforementioned, shall be exempt from the qualification requirements of Subsection L. In the event that a vacancy shall exist because of disapproval after notice to the aggrieved person and a hearing based thereon of a Division of Fire office by the Borough Council, then the proceedings of the election pertaining to that office shall be held to be of no effect and a new nomination and a new election shall take place on the following Wednesday; the nomination shall be made between the hours of 6:00 p.m. and 7:00 p.m. and the new election shall take place between the hours of 7:00 p.m. and 9:00 p.m. In the event of a vacancy in the office of Deputy Chief, Captain or Lieutenant, either of these offices shall be filled in the following manner: by the designation of nominees to fill the office, which nominations shall be made at the next regular meeting of the Division of Fire and a special Division election to be held on the first Wednesday of the following month.

(2) The officers elected to fill positions which have been vacated shall be entitled to all of the benefits and advantages of the original holder of the office, including the right, if any, to succession to the next superior office. The same procedure to fill vacancies of any other officer elected to fill line or administrative duties shall apply.

G. Tie votes. In the event of a tie vote at any election, the proceedings of the election as to those who had tied for election shall be held to be of no effect and a new election shall take place on the following second Wednesday between the hours of 7:00 p.m. and 9:00 p.m. to elect the nominees for the office who have tied for election. All members of the Division of Fire shall be notified by the Division of Fire Secretary by mail in advance of the date of the new election, which notice shall set forth the time and place thereof.

H. Nomination for Chiefs.

(1) All nominations for Chiefs shall be made at the Division of Fire first meeting in the month of November of each year, and following the meeting, no additional nominations shall be accepted. Exempt members to be nominated for Chief shall maintain a forty-percent quota for fires/drills from September 1 to August 31 of the year prior to nomination. In order for anyone to be nominated for the office of either Deputy Chief, Captain or Lieutenant, the person shall be either a Foreman or Ex-Foreman and have a minimum of five years of membership in the Division of Fire and have been in good standing during this period of time as per Division of Fire bylaws. All eligible members of the Division of Fire may vote for any and all candidates nominated for the office of Deputy Chief, Captain or Lieutenant.

(2) In order for anyone to be nominated for the office of either Deputy Chief, Captain or Lieutenant, the person shall be either a Foreman or Ex-Foreman, have completed the fireman's training courses as provided in Subsection L herein, which shall be approved by the Mayor and Borough Council, have a minimum of five years' membership in the Division of Fire and have been in good standing during this period of time.

I. Placing of names on ballot. Following election to the office of Deputy Chief, there shall be no opposition to their election to the next superior office in the succeeding year. Their names, however, shall be required to be placed on the succeeding ballot. The offices of Lieutenant and Captain shall be filled in each year by new nominations and election, which offices shall not carry with it any automatic rights to superior offices. The office of Chief of the Division of Fire shall, in no three-year period, be filled by the same Chief.

J. Application for membership. The application of every person desirous of becoming a member of the Division of Fire shall be filled out completely on both sides including physical examination section. It must first be approved by the Division of Fire at a regular meeting and then approved by a majority of the members of the Borough Council of the Borough. Upon such approval, he shall then be deemed to be a member of the Division of Fire.

K. Qualifications for membership as a fireman. No person shall be accepted as a member of the Division of Fire unless he or she is a resident of the Borough and established membership areas by the bylaws and shall be within the age limit of 18 to 39, that is prior to his 40th birthday, except as hereinafter provided. A person over 40 and not older than 50 may be accepted as a fireman if the Division of Fire deems that there is a need. Such members shall not be eligible for state benefits. Any person so accepted shall adhere to all regulations of the Division of Fire and shall be only eligible to hold the offices of President, Vice President, Secretary, Treasurer or Trustee.

L. Qualifications required to become eligible to hold the position of Fire Chief.

(1) All members of the Bradley Beach Division of Fire, in order to hold office as Fire Chief, shall have successfully completed the following courses given by the New Jersey Safety Council or another equally qualified school:

(a) Advanced Pump Operations Course.

(b) Advanced Truck Operations Course.

(c) Staff and Command School.

(d) Fire fighter I certification; N.J.A.C. 5:373-4.2, effective July 1, 1994.

(2) Driver-Operators of the Division of Fire, in order to hold that office, shall have successfully completed the Advanced Pump Operations Course given by the New Jersey Safety Council or another equally qualified school, or to have successfully completed the Advanced Truck Operations Course given by the New Jersey Safety Council or another equally qualified school.

(3) In addition to the above, any fireman elected to the office of Lieutenant shall attend a qualified school, given either by the New Jersey Safety Council or other equally qualified school, for the Advanced Pump Operations Course or Advanced Truck Operations Course.

(4) Any fireman elected to the office of Captain shall attend a qualified school, given either by the New Jersey Safety Council or other equally qualified school, for the Advanced Truck Operations Course or Advanced Pump Operations Course.

(5) Any fireman elected to the office of Deputy Chief shall attend a qualified school, given either by the New Jersey Safety Council or other equally qualified school, for the Staff and Command School Courses. All such courses must have the approval of the Mayor and Borough Council of the municipality. All courses must have been completed prior to holding the office of Chief pursuant to the Division of Fire bylaws.

M. Powers and duties of Chiefs.

(1) It shall be the duty of the Chief of the Division of Fire to examine, at least once a month, all of the fire apparatus and the buildings in use for the protection of the same and report the condition to the Borough Council at their first meeting in the month of January of each year, together with a record of the number of fires attended by him or in his absence by the Deputy Chief and in the absence of both by the Captain and in the absence of any of the foregoing by the Lieutenant and the cause of such fires and such other information as he may deem proper. In case of fire, the Chief shall have sole control and command over all of the fire apparatus and all members of the Division of Fire and over all persons aiding and assisting the Division of Fire.

(2) In the absence of the Chief of the Division of Fire, his command shall devolve upon and his duties to be performed by the Deputy Chief; and in his absence by the Captain; and in his absence by the Lieutenant; and in his absence by the Foreman on his arrival at the fire.

(3) The Chief of the Division of Fire may also suspend any persons who conduct themselves in a disorderly manner in the fire house, at drills or in the performance of their duties.

(4) The Chief, the Deputy Chief, the Captain and Lieutenant shall attend all fires within the corporate limits and are hereby empowered and required to take charge of any building which may be on fire, to admit only so many and such persons not firemen to the buildings as they may deem necessary to aid in the extinguishing of the fire and for the preservation of all goods and to give orders for and to supervise the removal of such goods and for the preservation of all endangered property.

(5) All Chiefs, the Captain and Lieutenant are hereby invested with all the powers of police officers while going to, attending and returning from the fire. They shall have full and complete authority to preserve the peace and protect private and public property.

(6) The Chief, Deputy Chief, Captain and Lieutenant shall, when on duty, wear hats on which shall be emblazoned the names of their respective offices. Firemen when on duty shall be properly equipped at all times.

(7) The Chief shall appoint fire police at the time of the regular election of the Division of Fire officers, provided that no person appointed to fill the office shall assume the duty of his office until he or she has completed an approved fire police training course. It shall be the duty of all fire police to attend all fires, report themselves to the Chief and be subject to his directions. The persons so appointed and approved shall have police power at all fires.

N. Election, appointment, powers and duties of other officers.

(1) The Driver-Operator and all other officers shall be elected as provided in the bylaws of the Division of Fire, and the number and titles of said officers shall also be provided in said bylaws.

(2) The Driver-Operator and all other officers shall report to the Chief from time to time advising what supplies are necessary, and the Chief of the Division of Fire, upon receiving said reports, shall report the same to the Mayor and Borough Council.

(3) Annually on the 31st day of December, it shall be the duty of the Driver-Operator to submit to the Chief of the Division of Fire or his administrative designee, the Division of Fire Secretary, a list of the names and residences of all the members of the Division of Fire, together with their attendance record and a list of all Division of Fire equipment required for the succeeding year, which compilation shall be filed by the Chief of the Division of Fire with the Borough Council at its next ensuing meeting. Incoming and outgoing Chiefs shall jointly submit recommendations to the Borough Council for the succeeding year's budget.

(4) The Secretary of the Division of Fire shall be elected as provided in the bylaws on or before the last day of December in each year, submit to the Chief of the Division of Fire names of all members of the Division of Fire who have died, resigned or been expelled within the preceding year and such names shall appear in the Chief's annual report to the Borough Council. He shall also report promptly to the Borough Clerk all changes in the membership of the Division of Fire.

(5) It shall be the duty of the officers of the Division of Fire to prevent anyone but members of the Division of Fire to hold, ride on or in any way interfere with the functioning of any fire apparatus or equipment whether in going to or from a fire or fire alarm or otherwise, to prevent any racing of any kind and to abstain from any conduct that may be likely to cause a breach of peace or reflect discredit on the Division of Fire.

O. Duties of Borough Clerk. The Borough Clerk shall keep a true and perfect list of names of all firemen, both active and exempt, together with a list of all firemen who have died, resigned or been expelled from the Division of Fire, which list shall be a public record.

P. Exempt members in good standing as defined in the bylaws. Exempt members of the Division of Fire who have moved out of town but maintain themselves in good standing may hold offices with the following exceptions: All line officers.

Q. Board of Review. There is created a Division of Fire Board of Review consisting of nine members in good standing who shall be elected annually as provided in the Division of Fire bylaws. The responsibilities of this Board of Review shall be as follows:

(1) To hear all interdepartmental charges brought by officers or members of the Division of Fire.

(2) To review all suspensions imposed by the Chiefs of the Division of Fire, the hearings take place within 10 days of the suspension or the filing of charges.

(3) To hear all appeals of any fireman who desires to appeal a decision of any officer of the Division of Fire. The Board of Review shall fix a hearing date upon receipt of written notification from the fireman for the hearing of the appeal. The Board of Review shall have the power and authority to sustain or reverse the decision of the respective officer in dropping a man from the rolls or other imposition of penalty which might have been the determination of the officer.

(4) The Board of Review shall have the authority to reinstate a suspended fireman, to uphold a suspension or to suspend a fireman against whom charges have been filed.

(5) To hear any appeals from a man who has been dropped from the rolls of the Division of Fire. Any member of the Division of Fire shall have the right to appeal to the Borough Council. At the appeal, the fireman may be represented by legal counsel. If a member, who has been suspended, shall be found not guilty by the Borough Council or Board of Review, he shall receive a mark of excused for the fires he missed during suspension. These marks shall not be considered a part of his record in compiling his percentage for the year.

R. Authorization to drive fire apparatus. In addition to the duly elected Driver-Operators, all qualified members of the Division of Fire are hereby authorized to drive the fire apparatus of the Division of Fire in the absence of the Driver-Operators, provided that no one shall operate any apparatus unless he is the holder of a valid driver's license in his name as issued by the Department of Motor Vehicles of the State of New Jersey.

S. Use of Fire Department quarters; fire apparatus.

(1) No portion of any building nor Division of Fire quarters, used for the protection of any fire apparatus, shall be put to any other use without first obtaining the consent of the Trustees of the Division of Fire with the approval of the Mayor and Borough Council.

(2) No fire apparatus shall be used on any trial of skill and power, parade or other social function except with the consent of the Mayor and Borough Council and the Chief of the Division of Fire.

T. Unlawfully driving fire equipment. Any person who shall willfully drive, propel or cause to be driven or propelled any vehicle over any hose or other fire equipment or shall willfully cut or deface the same shall, upon conviction of such act before the Borough Judge, be punished by a fine of not less than $100 nor more than the maximum penalty included in Chapter 1, Article II, General Penalty, within the discretion of the Judge.

U. False alarms. Any person who shall raise or cause to be raised any false alarm of fire within the Borough limits shall, upon conviction before the Borough Judge, for a first offense be punished by a fine of not less than $25 nor more than $50 or confinement in the county jail for a term not exceeding 30 days, or both, within the discretion of the Judge. Any person convicted of a second or additional offense to the foregoing shall be punished by a fine of not less than $50 nor more than $100 or confinement in the county jail for a term not exceeding 60 days, or both, at the discretion of the Judge.

V. Penalty. The penalty for any violation of this section to which no distinct penalty is attached may be, in the case of an officer, degradation from his office and, in the case of a fireman, suspension or removal from the Division, which penalty shall be enforceable at the option of the Board of Review upon notice and a hearing of the charges of the aggrieved person, and in the case of a person other than a member of the Division of Fire, a fine upon conviction of not less than $10 nor more than $100 or confinement to the county jail for a term not exceeding 30 days, or both, within the discretion of the Borough Judge.

W. Screening of personnel.[2]

(1) Every new applicant employed by the Borough of Bradley Beach and/or engaged in or participating in the Division of Fire of the Borough of Bradley Beach shall be subject to verification of identification and/or screening by the Borough. Such screening may include but not be limited to the following steps:

(a) Fingerprinting;

(b) Review of past and/or pending criminal convictions;

(c) Directing inquiry to the statewide central register of child abuse and maltreatment;

(d) Requiring appropriate documentation and verification of identification;

(e) Directing inquiry into references and/or past employers.

(2) The Chief of Police is authorized to submit applicant fingerprint cards and receive state criminal history record information from the State Police, State Bureau of Identification for use in considering persons covered by this Subsection W. All records checked may be subject to the state's required user fee which shall not be paid by the applicant but be paid by or on the behalf of the Borough.

(3) Nothing in this Subsection W shall operate to impose any liability on the Borough arising out of the Borough's actions involving the manner and/or degree of screening participants in the youth programs.

[2] Editor's Note: See also Ch. 13, Background Checks.

X. Exempting members from certain Borough fees.

(1) Purpose. Members of the Borough of Bradley Beach Division of Fire provide a valuable service to the citizens of the Borough of Bradley Beach at a very modest cost when compared to the expense which would be associated with a paid Fire Department, and the Borough of Bradley Beach is desirous of providing certain incentives to these volunteers to recognize their community service and to encourage other citizens to join this respective organization and volunteer their services.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ACTIVE MEMBERS or LIFE MEMBERS

Volunteers in municipal fire departments or those who meet the definition of an active member or exempt life member certified in writing by the chief executive officer of a Volunteer Fire Department within the Borough of Bradley Beach to have asserted at least one year of continuous volunteer service in the company and possess the necessary certifications and/or training required by the said Department.

FEES

Those charges established by the Borough of Bradley Beach, which are retained by the Borough of Bradley Beach as revenue. As used in this subsection, excluded is any portion of the fee that is collected by the Borough on behalf of another entity, including but not limited to the State of New Jersey, the County of Monmouth, and/or an outside vendor.

(3) Incentive to members. All active members and life members of the Borough of Bradley Beach Division of Fire shall be entitled to the following benefits: they shall be exempt from the payment of any Borough of Bradley Beach fees for Borough training programs; Borough license and Borough permit fees, including but not limited to certificates of occupancy; construction code fees; Board of Adjustment and Planning Board fees; and the annual beach badge fee. These exemptions shall only apply for the member's primary residence and shall not apply to any rental or income property owned by the member.

[Amended 1-26-2016 by Ord. No. 2016-04]

(4) Exclusion from benefits. The following fees are excluded from the benefits provided under this subsection and must be paid by the members: all escrow fees regarded by the Planning Board or the Board of Adjustment; the posting of performance and maintenance guarantees, where required; fee licenses and permits associated with any fireman operating a business within the Borough of Bradley Beach; escrows associated with engineering inspections; inclusion in programs after registration has reached its maximum; dog license fees; any fee or permit therefor which is collected for any other entity.

(5) Administration of benefits.

(a) On or about January 31st of each calendar year, the Division of Fire shall submit to the Borough Administrator a list of all individuals who meet the definition for active member and exempt member status. Updates shall be provided by the Fire Department to the Borough Administrator on a periodic basis to add to the list individuals who have completed their probationary status or to delete individuals who have dropped their membership or who have no longer met the criteria for active member or exempt member status.

(b) The Business Administrator, with the approval of the Fire Division, shall issue each active member an identification tag for use in the various municipal departments.

(c) All active members must comply with the registration procedures and complete all application forms established by the Borough of Bradley Beach.

(d) The Borough Administrator is hereby authorized to enforce the provisions of this subsection.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 5-32 Office of Emergency Management.

The personnel of the Office of Emergency Management shall report and be directly subject to the supervision of the Mayor. During a declared state of emergency, all divisions of this department shall be subject to the supervision and direction of the Mayor.

§ 5-33 Exemption of First Aid Department members from certain Borough fees.

A. Purpose. First Aid Department members of the Borough of Bradley Beach First Aid Department provide a valuable service to the citizens of the Borough of Bradley Beach at a very modest cost when compared to the expense which would be associated with a paid First Aid Department, and the Borough of Bradley Beach is desirous of providing certain incentives to these volunteers to recognize their community service and to encourage other citizens to join this respective organization and volunteer their services.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACTIVE MEMBERS or LIFE MEMBERS

Volunteers in municipal First Aid Departments or those who meet the definition of an active member or life member certified in writing by the chief executive officer of a Volunteer First Aid Department within the Borough of Bradley Beach to have asserted at least one year of continuous volunteer service in the company and possess the necessary certifications and/or training required by the said Department.

FEES

Those charges established by the Borough of Bradley Beach, which are retained by the Borough of Bradley Beach as revenue. As used in this subsection, excluded is any portion of the fee that is collected by the Borough on behalf of another entity, including but not limited to the State of New Jersey, the County of Monmouth, and/or an outside vendor.

C. Incentive to members. All active members and life members of the Borough of Bradley Beach First Aid Department shall be entitled to the following benefits: they shall be exempt from the payment of any Borough of Bradley Beach fees for Borough training programs; Borough license and Borough permit fees, including but not limited to certificates of occupancy; construction code fees; Board of Adjustment and Planning Board fees; and the annual beach badge fee. These exemptions shall only apply for the member's primary residence and shall not apply to any rental or income property owned by the member.

[Amended 1-26-2016 by Ord. No. 2016-04]

D. Exclusion from benefits. The following fees are excluded from the benefits provided under this section and must be paid by the members: all escrow fees regarded by the Planning Board or the Board of Adjustment; the posting of performance and maintenance guarantees, where required; fee licenses and permits associated with any First Aid member operating a business within the Borough of Bradley Beach; escrows associated with engineering inspections; inclusion in programs after registration has reach its maximum; dog license fees; any fee or permit therefor which is collected for any other entity.

E. Administration of benefits.

(1) On or about January 31st of each calendar year, the First Aid Department shall submit to the Borough Administrator a list of all individuals who meet the definition for active member or life member status. Updates shall be provided by the First Aid Department to the Borough Administrator on a periodic basis to add to the list individuals who have completed their probationary status or to delete individuals who have dropped their membership or who have no longer met the criteria for active member or life member status.

(2) The Business Administrator shall issue each active member an identification tag for use in the various municipal departments.

(3) All active members must comply with the registration procedures and complete all application forms established by the Borough of Bradley Beach.

(4) The Borough Administrator is hereby authorized to enforce the provisions of this section.