TOWNSHIP OF VERONA COUNTY OF ESSEX, STATE OF NEW JERSEY ORDINANCE #

Transcription

1 TOWNSHIP OF VERONA COUNTY OF ESSEX, STATE OF NEW JERSEY ORDINANCE # AN ORDINANCE REPEALING CHAPTER 38 (POLICE DEPARTMENT), REPEALING CHAPTER 115 (SCHOOL PROPERTY AND PUBLIC PROPERTY MAP), ESTABLISHING A NEW CHAPTER 38 (POLICE DEPARTMENT) AND AMENDING CHAPTER A175 (SCHEDULE OF FEES) OF CODE OF THE TOWNSHIP OF VERONA BE IT ORDAINED by the Township Council of the Township of Verona, in the County of Essex, New Jersey, as follows: SECTION 1. The language currently contained in Chapter 38 (Police Department), of the Code of the Township of Verona, is hereby deleted in its entirety. SECTION 2. The language currently contained in Chapter 115 (School Property and Public Property Map), of the Code of the Township of Verona, is hereby deleted in its entirety. SECTION 3. There is hereby established a new Chapter 38 (Police Department) of the Code of the Township of Verona to read as follows: ARTICLE I GENERAL PROVISIONS 38-1 Department established; composition. There is hereby created in and for the Township of Verona, in the County of Essex and State of New Jersey, a Police Department. The Police Department may consist of a Police Chief, two (2) Police Captains, and a combined total of twenty-seven Police Lieutenants, Police Sergeants and Police Officers. In addition, the Police Department may employ clerical personnel and other employees to assist its officers in preserving the peace and good order in the Township. Personnel shall be appointed from time to time by the Township Manager, within budgetary appropriations approved by the Council, as deemed necessary in order to maintain administrative efficiency within the Department Purpose. The Police Department shall preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Township of Verona; direct and control traffic; provide attendance and protection during emergencies; provide appearances in Court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its employees Designation of Appropriate Authority; promulgation of rules and regulations. A. In accordance with N.J.S.A. 40A:14-118, the Township Manager is hereby designated as the Appropriate Authority and is hereby vested with the powers and duties of an Appropriate Authority as delegated by law. B. The Manager shall: 1) Be the Chief Executive Officer of the Police Department. 2) Make, administer and enforce rules and regulations for the control, disposition and discipline of the Department, and of its officers and employees. 3) Establish procedures for the hearing and determination of charges of violation of departmental rules and regulations by any member of the Police Department, provided that a member may be fined, reprimanded, removed, suspended or dismissed from the Department only on written charges made or preferred against him or her, after such charges have been examined, heard as described herein and according to such practice, procedure and manner as may be prescribed by rules and regulations of the Department and Civil Service.

2 4) Appoint, subject to budgetary restrictions, such civilian employees and/or members to the Police Department as he/she deems necessary and appropriate, in his/her discretion and judgment, to maximize the efficiency of the Police Department. Said civilian employees and/or members shall perform any and all services as prescribed and specified by the Manager. 5) Nothing herein contained in this section shall limit or prevent the Manager from exercising and/or carrying out the rights, powers and duties afforded in accordance with applicable state law, the Attorney General guidelines and directives and any other relevant law(s). 6) Nothing herein contained shall prevent the appointment by the Council of committees or commissions to conduct investigations of the operation of the police force and the delegation to such committees or commissions of such powers of inquiry as the governing body deems necessary or to conduct such hearings or investigations as authorized by law. 7) Nothing herein contained shall prevent the appropriate authority, or any executive or administrative officer charged with the general administrative responsibilities within the municipality, from examining at any time the operations of the police force or the performance of any officer or member thereof. In addition, nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety and/or welfare of the municipality in an emergency situation through special emergency directives. ARTICLE II ORGANIZATION Table of Organization. The Township Manager shall organize the Police Department to include a Division of Operations to provide for patrol services and a Division of Administration to provide for community services, administrative services and support services Police Chief. A. There is hereby created within the Police Department the position of Police Chief. The Police Chief shall be appointed in accordance with Title 11A, Civil Service, of the Revised Statutes of New Jersey by the Township Manager. The Police Chief shall be directly responsible to the Township Manager as the appropriate authority for the efficiency and routine day-to-day operations thereof, pursuant to policies established by the appropriate authority under N.J.S.A. 40A: The duties and powers of the Police Chief are vested in state statutes, rules and regulations and Township ordinances and include there following: (1) Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel. (2) Have, exercise, and discharge the functions, powers and duties of the force. (3) Prescribe the duties and assignments of all subordinates and other personnel. (4) Delegate such of his/her authority as he/she may deem necessary for the efficient operation of the force to be exercised under his/her direction and supervision; and (5) Report at least monthly to the Township Manager 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 the Township Manager. B. The salary of the Police Chief shall be established in accordance with applicable New Jersey law. The salary of the Police Chief, who has been permanently appointed by the Civil Service Commission, shall be set at five percent (5%) greater than above the amount to be paid to a senior step Police Captain inclusive of maximum longevity as negotiated in the current collective bargaining agreement between the Township and PBA Local 72. The salary of the Police Chief, who has been provisionally appointed pending permanent appointment by the Civil Service Commission, shall be set at one dollar ($1) above the amount to be paid to a senior step Police Captain inclusive of maximum longevity as

3 negotiated in the current collective bargaining agreement between the Township and PBA Local Other offices, divisions and duties. In addition to a Police Chief, the following offices are established within the Police Department. The duties of each office shall be as set forth herein and, in addition thereto, shall include such duties as may be prescribed in the Police Department rules and regulations as may be promulgated by the Township Manager. A. Police Captains. The duties of Police Captain shall be to have direct supervisory control over the Division to which such Police Captain has been assigned. B. Police Lieutenants. The duties of Police Lieutenant shall be the patrol squad leader and shall assist the Police Captain of the Division of Operations in planning and administering the activities and operations of the uniform divisions. As squad leader, he/she shall perform such other duties as may be directed by the Police Captain of the Division of Operations. C. Police Sergeants. The duties of Police Sergeant shall vary according to assignment: (1) A Police Sergeant assigned to a patrol squad shall assist the squad leader in planning and administering the activities and operations of the uniform division and shall direct and supervise all activities of personnel assigned to his/her authority during his/her tour of duty. (2) A Police Sergeant assigned to the Detective Bureau shall command and control the Detective Bureau and shall be responsible for the overall operations and activities of the Detective Bureau. He/she shall assist the Police Captain of the Division of Operations in planning and administering the activities and operations of the Detective Bureau. D. Police officers. The number of police officers in the Police Department shall be consistent with the total authorized personnel of the Police Department. The duties of police officers shall be as required by law and as may be prescribed in Police Department rules and regulations as may be promulgated by the Township Manager. ARTICLE IV OUTSIDE EMPLOYMENT Definitions As used in this article, the following terms shall have the meanings indicated: EXTRA DUTY WORK Any employment or assignment which the Police Department is not obligated or expected to provide, or does not normally provide as part of its regular plan of police service; performed by an officer of the Verona Police Department for a person or entity who has entered into a formal contract with the Township for the performance of such services and where such services are conditioned upon the actual or potential use of law enforcement powers by the Police Department employee. REGULAR DUTY Regularly scheduled shifts of police duty, overtime, special assignments, department-sanctioned schooling in lieu of regular duty, and court appearances arising out of an officer's employment with this department. SECONDARY EMPLOYMENT Any off-duty employment that will not require the use or potential use of law enforcement powers by the off-duty officer Outside police employment, generally. A. Secondary employment shall be regulated by the Department and may be considered for approval provided the employment does not represent a conflict of interest and the employment and/or tasks do not reflect unfavorably on the

4 integrity or professionalism of the police officer or the Police Department. Officers are prohibited from engaging in outside employment that has not been approved by the Police Chief. The Police Chief shall have the sole discretion to approve of the police-related outside employment of any member of the Department. B. The organization or contractor that hires an off-duty member of the Department shall pay a fee to the Township as established in the current collective bargaining agreement to which the Township and PBA Local 72 are parties. C. Extra Duty Work opportunities shall be limited to the geographical boundaries of the Township, unless expressly authorized by the Police Chief. Any assignments outside of the Township that are approved by the Police Chief must conform to the same rules and regulations. D. The Police Captain of the Division of Administration, or his/her designee shall function as the manager and point of contact for all Extra Duty Work assignments. The Police Captain of the Division of Administration, or his/her designee shall be responsible for maintaining a daily list of all Extra Duty Work assignments scheduled in the Township. E. The Police Captain of the Division of Administration, or his/her designee shall create and maintain a comprehensive file for each vendor that contracts with the Township for police services. Said file shall contain all relevant information and forms relating to Extra Duty Work assignments worked within two years from the then-current date. F. Prior to the commencement of Extra Duty Work police services, the individual or entity requesting police services will be required to submit payment to the Police Department (which shall be forwarded to the Township Finance Department for deposit in an escrow account) equaling a reasonable estimate of the cost of police services based upon the total number of man hours requested. All such fees must be paid in full prior to the date on which the Extra Duty Work police services are scheduled to commence. In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees as set forth herein for the equivalent of 10 days. Any unused portion of the deposit shall be returned or credited against the final amount owed. G. Prior to posting any request for services of off-duty law enforcement officers, the Police Captain of the Division of Administration, or his/her designee shall verify that the balance deposited for the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Police Captain of the Division of Administration, or his/her designee shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited in the account. All payments must be remitted directly to the Township Finance Department for deposit. No officer shall be paid directly by any employer for requested services nor provide any such services for more hours than are specified in the request for services. H. The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the account in order to avoid any interruption of services. The Police Captain of the Division of Administration, or his/her designee, shall notify the organization or contractor upon the expenditure of 50% of the escrow funds. At that time, a determination shall be made as to whether or not the balance is sufficient to pay for further services that may be required. In the event the remaining balance is insufficient, the organization or contractor shall, within 24 hours of notice of the deficiency, deposit funds in an amount sufficient to cover the additional services. Any funds remaining in the escrow account shall be refunded to the person, organization or contractor that posted said escrow

5 funds within 60 days of receipt by the Police Captain of the Division of Administration, or his/her designee, of the refund request. I. In the event the funds in the account should become depleted or that the account falls below the designated level, services of off-duty law enforcement officers shall cease, and further requests for additional or future services shall not be honored or posted until additional funds have been deposited in the account in the manner prescribed above. J. Police Captain of the Division of Administration, or his/her designee shall make a written report to the appropriate authority every 90 days regarding the status of each account and highlight each deficient account holder. Payments to police officers shall be on a biweekly basis with all appropriate deductions. K. Exemption. All public utility companies are exempt from the provisions set forth in this section requiring advance payment to the Trust Account; providing, however, that there are no amounts previously due that are outstanding for a period in excess of 15 days. Any such delinquent balances shall require advance payment of the amount outstanding prior to any officer engaging in any further off-duty assignments. L. Cancellation. In the event that the person or entity requesting the off-duty law enforcement officers fails to contact the Township at least four hours prior to the scheduled start time to cancel the job, or the officer works less than four hours and the job is completed, the officer is entitled to be paid for the minimum of four hours. M. Public emergency. The Appropriate Authority, the Police Chief or his or her designees shall have the authority to order any police officer engaged in off-duty assignments within the Township to respond to an emergency situation. The Appropriate Authority, Police Chief or his or her designees shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Township Assignment of Officers. A. In order to be eligible to work Extra Duty Work, an officer must be certified by the Police Training Commission as a full-time law enforcement officer, must have completed his/her field-training program and cannot be on medical or other leave due to sickness, temporary disability or an on-duty injury. These requirements, with the exception of certification by the Police Training Commission, may be waived by the Police Chief. B. The Police Captain of the Division of Administration, or his/her designee shall select officers who have expressed interest in a particular outside employment assignment based upon the previous number of Extra Duty Work hours worked in the then-current calendar year, and any other fair and reasonable considerations as determined by the Captain of Administration, or Police Chief. C. In situations where two or more officers express interest in the same assignment and both officers have previously worked the same number of hours in the current quarter, the assignments shall be given to the officer with the greater seniority Payment schedule. A. The hourly rate for Extra Duty Work to be paid by a private contractor for all members of PBA Local 72 shall be set forth in the current Collective Negotiating Agreement between the Township and PBA Local 72 and codified in Chapter A175, Fees. B. The Township shall charge an administrative fee in addition to the per hour rate paid to the members of PBA Local 72 at the rate set forth in Chapter A175, Fees, for administrative overhead and necessary accounting purposes.

6 C. The Township shall charge an administrative fee in addition to the per hour rate paid to the members of PBA Local 72 at the rate set forth in Chapter A175, Fees, for the use of a patrol vehicle Administrative procedures and policies. The Appropriate Authority or Police Chief may issue and implement such administrative policies and procedures, not inconsistent with this chapter, so as to implement the intent and purpose of this chapter. ARTICLE V ABSENCES, LEAVES AND VACATIONS Investigation. When any member of the Department becomes sick, injured or otherwise disabled while off duty or becomes sick, injured or otherwise disabled to the extent necessitating his/her removal from duty to his/her residence, physician's office or hospital, the Police Chief or, in his/her absence, the ranking officer on duty may investigate or cause to be investigated the circumstances surrounding the mishap, disorder or accident resulting in the member's sickness, injury or disability in accordance with any and all appropriate guidelines of internal investigations. He/she may employ the assistance of a Health Care Professional designated by the Township or of the member's attending physician in so doing Disability Salary. In accordance with the provisions of N.J.S.A. 40A:14-137, leaves of absence with pay not exceeding one year shall be granted to members and officers of the Department and force who shall be injured, ill or disabled, from any cause, provided that the examining Health Care Professional designated by the Township shall certify such injury, illness or disability Medical Certificate Required. A. A member of the Department on sick leave shall not be permitted to return to duty unless he/she presents a written medical certificate authorizing him/her to return to duty. B. If the sick leave has been for less than three months, a written certificate from a Health Care Professional designated by the Township or from the member's attending physician shall be considered as sufficient medical authorization for the return of the member to duty. C. If such leave was for three months or longer, a written certificate from the member's attending physician shall be presented, together with a corroborating written certificate from a Health Care Professional designated by the Township. When the Health Care Professional designated by the Township is also the member's attending physician, his/her certificate shall suffice Application for Leave. A. Maternity leave. Except as otherwise prescribed by the collective bargaining agreement, maternity leave shall be granted for a period of three months, exclusive of accumulated sick and vacation time, provided that the employee has worked for the Township for one year prior to commencement of such leave. Such requests shall be made, in writing, to the department head, who shall forward the same to the Township Manager for approval. Such leave shall be without pay unless accumulated sick and vacation time is applied thereto. Leave granted under this provision shall run concurrently with any family and medical leave to which the employee is entitled and will be counted against an employee's twelve-week family-medical leave entitlement under the New Jersey Family Leave Act and the Federal Family and Medical Leave Act. ARTICLE VI SPECIAL LAW ENFORCEMENT OFFICERS Creation of position. In accordance with the provisions of P.L. 1986, c. 2, of the New Jersey Statutes, N.J.S.A. 40A: et seq., there is hereby created the position of special law enforcement

7 officers for the Township of Verona, Essex County, New Jersey. Each special officer appointed shall be subject to the requirements of this article and the additional requirements set forth in P.L. 1986, c Classification; powers and duties. The classifications of the special law enforcement officers shall be based upon the duties to be performed by said officers and are established as follows: A. Class One. Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Police Chief or, in the absence of the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his/her stead. Said Class One officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the New Jersey Statutes Annotated. The use of firearms by said Class One officers is 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 are herewith authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. They shall be assigned such powers and duties by the Police Chief or, in the absence the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his/her stead. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission, established within the Department of Law and Public Safety of the State of New Jersey Appointments; terms. A. Special law enforcement officers shall be appointed by the Township Manager for a term not to exceed one year. Special law enforcement officers so appointed shall not be members of the police force of the Township of Verona. Their powers and duties, as determined pursuant to the Special Law Enforcement Officers' Act, shall cease at the expiration of the term of which appointed. No person shall be appointed to serve as a special law enforcement officer in the Township of Verona during which time he/she is presently a special law enforcement officer in another local unit within the State of New Jersey, nor shall a regularly appointed full-time police officer of any local unit within the State of New Jersey be appointed as a special law enforcement officer in the Township of Verona. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the Township of Verona or supervision of the Verona Police Department shall be appointed as a special law enforcement officer. B. Any person who at any time prior to his/her appointment had served as a duly qualified, fully trained, full-time officer in any municipality of this state and who was separated from that prior service in good standing shall be eligible to serve as a special law enforcement officer consistent with guidelines promulgated by the Commission. Training requirements set forth in this subsection may be waived by the Commission with regard to any person eligible to be appointed as a special law enforcement officer pursuant to the provisions of this subsection. No person may commence his/her duties as a special law enforcement officer unless he/she has successfully completed a training course approved by the Commission, and no special law enforcement officer may be issued a firearm unless he/she has successfully completed the basic firearms course approved by the Commission for permanent, regularly appointed police and semiannual requalification examinations Compensation. Said special law enforcement officers Class One shall not be compensated for the performance of their duties. Special law enforcement officers Class Two shall be compensated as indicated in the Township salary ranges ordinance for special law enforcement officers. The Township of Verona shall not be required to compensate a special law enforcement officer for time spent in training.

8 Limitation on number of officers. The number of special law enforcement officers employed by the Township of Verona shall be limited as follows: A. Class One: not more than 20 Class One Officers. B. Class Two: not more than 25% of the number of regular officers employed by the Township of Verona Residency requirements. A. Appointments to the position of special law enforcement officer with the Township of Verona shall be made with preference given to applicants as follows: (1) Retired Verona police officer; (2) Veterans residing in the Township of Verona; (3) Non-veterans residing in the Township of Verona; (4) Residents of the County of Essex; (5) Other residents of counties contiguous to the County of Essex; and (6) Other residents of the State Qualifications. A. No person may be appointed a special officer unless the person: (1) Is a resident of the State of New Jersey 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 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/her unfit to perform the duties of special officers. (6) Has not been convicted of any crime of the first, second, third or fourth degree, as designated by the Criminal Code of New Jersey, that constituted an indictable offense or that involved moral turpitude or at the time of application is undergoing or awaiting court action of any kind in regard to such a crime. (7) Has undergone the same psychological screening that is required of all fulltime police officers of the Police Department. (8) Is at least 21 at the time of appointment in the Department as evidenced by a certificate of birth. B. The Police Chief shall have the applicant fingerprinted as required by statute, conducted a background investigation of the applicant to determine the eligibility and qualifications of the applicant and reported these determinations, in writing, to the Township Manager Training course; firearms. A. No special law enforcement officer may carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Police Chief or, in the absence of the Police Chief, other chief law enforcement officer of the Township of Verona to carry a firearm, and provided that the officer has satisfactorily completed the basic firearms course required by the Police Training Commission for regular police officers and annual requalification examination as required for permanent, regularly appointed full-time officers of the Township of Verona. (1) A special law enforcement officer shall be deemed to be on duty only while he is performing the public functions on behalf of the Township of Verona and assigned by the Police Chief or in his/her absence, other chief law enforcement officer and when he is receiving compensation, if any, from the Township of Verona at the rates established by the Police Chief. (2) Private security duties. (a) A special law enforcement officer shall not be deemed to be on duty for purposes of the Special Law Enforcement Act while

9 (b) performing private security duties for private employers which duties are not assigned by the Police Chief or, in his/her absence, other chief law enforcement officer of the Township of Verona or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Police Chief or, in his/her absence, other chief law enforcement officer to perform public safety functions for a private entity if the Police Chief or other chief law enforcement officer supervised the performance of the public safety functions. If the Police Chief or other chief law enforcement officer assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the Township of Verona is reimbursed for the cost of assigning a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty. B. Ownership and supply of firearms. (1) Any firearm utilized by a special law enforcement officer shall be returned at the conclusion of the officer's workday to the officer-incharge of police headquarters. (2) Any special law enforcement officer shall only use a firearm supplied by the Township of Verona. C. No special law enforcement officer shall carry a firearm when off duty Uniforms. A. The uniform of special officers shall be determined by the Police Chief in accordance with any policy established by the Township Manager and shall be in compliance with N.J.S.A. 40A: Every special law enforcement officer's uniform shall 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 pursuant to the Special Law Enforcement Act Supervision and direction. A. A special officer shall be under the supervision and direction of the Police Chief or, in the absence of the Police Chief, another superior officer designated by the Police Chief and shall perform his/her duties only in the Township of Verona, unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes. B. The special officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Police Department, as well as any rules and regulations applicable to the conduct and decorum of special officers Hours of duty. A. The Police Chief may assign special officers of Class One and Class Two to perform authorized duties not to exceed 20 hours per week. B. Special police officers may be assigned without limit during periods of emergency. C. The Police Chief or, in his/her absence, other chief law enforcement officer may designate one special law enforcement officer to whom the limitations of hours set forth in this Section shall not be applicable Police-Related Employment; Approval by Police Chief. Special law enforcement officers shall not accept any police-related employment without the prior approval of the Police Chief. The Police Chief shall have the sole discretion to approve the police-related employment of any special law enforcement officer.

10 Procedure for Requesting Assignment of Special Law Enforcement Officers; Liability; Insurance Coverage. Any organization or contractor that desires to hire special law enforcement officers shall submit the request in writing to the Police Chief on a form prescribed by the Police Chief. The organization or contractor shall hold the Township harmless from any and all claims that may arise as a result of the assignment of the special law enforcement officer to the organization or contractor. In addition, the organization or contractor shall submit with its application a certificate of insurance that shows evidence of not less than $1,000,000 in both personal liability and comprehensive general liability insurance and $300,000 in property damage coverage. A nonprofit, religious or charitable organization may submit a certificate of insurance in coverage amounts less than those set forth herein upon the organization's representation contained in its request that obtaining the required coverage would impose an undue hardship on the organization Fees. A. The person, organization or contractor that hires a special law enforcement officer shall pay a fee to the Township as established in Chapter A175, Fees. B. The Township shall charge an administrative fee in addition to the per hour rate for special law enforcement officers at the rate set forth in Chapter A175, Fees, for administrative overhead and necessary accounting purposes. C. The Township shall charge an administrative fee in addition to the per hour rate for special law enforcement officers at the rate set forth in Chapter A175, Fees, for the use of a patrol vehicle. ARTICLE VII SCHOOL CROSSING GUARDS Appointment; Term; Salary. A. The Township Manager shall appoint as many school crossing guards as he/she deems necessary. Such guards shall serve at the direction of the Police Chief. B. The salary of school crossing guards shall be fixed by ordinance. Uniforms shall be supplied to each guard Qualifications. No person shall be appointed as a school crossing guard unless the appointee has the following qualifications: A. He/she is at least 18 years of age. B. He/she is able to read, write and speak the English language well and intelligently. C. He/she is of good moral character and shall not have been convicted of any crime constituting an indictable offense or any crime or offense involving moral turpitude. Fingerprints shall be submitted to the Federal Bureau of Investigation and the New Jersey State Bureau of Investigation. D. Medical and physical examinations. (1) He/she shall have passed a medical examination in order to qualify for appointment. Any medical or physical condition or defect which would prevent efficient performance of the duties of the position, cause the applicant to be a hazard to himself/herself or others or become aggravated as a result of performance of these duties will be cause for rejection. (2) In the interest of safety and in the discretion of the Township Manager said discretion to be exercised on the basis of the age or apparent physical

11 condition of any crossing guard, such crossing guard may be required to undergo additional physical examinations from time to time to determine that he/she is able to efficiently perform the duties ordinarily assigned to crossing guards. Every crossing guard shall be required to undergo such physical examination upon attaining the age of 60 years and annually thereafter. An examination by the school guard's own personal physician is acceptable, provided that said physician certifies that the person is capable of performing the duties of a school crossing guard; otherwise, the examination will be performed by a Health Care Professional designated by the Township, who will be compensated by the Township Examination by Health Care Professional Designated by the Township. The Health Care Professional designated by the Township shall carefully examine the educational, mental, moral and physical fitness of any person applying for appointment as a school crossing guard. The certificate signed by the Health Care Professional designated by the Township may be considered and taken by the Township Manager as sufficient evidence of the applicant's educational, mental, moral and physical fitness Duties. It shall be the duty of school crossing guards to maintain the orderly movement of vehicular traffic consistent with the safety of children attending school. The school crossing guards shall perform said duties during the following hours: A. Morning: commencing 30 minutes before the opening of the school session and ending 15 minutes after the commencement of the school session. B. Lunch period: 15 minutes before dismissal of school children for lunch until 15 minutes after dismissal, and 15 minutes before the commencement of the afternoon session until 15 minutes after the commencement of the said session. C. Afternoon: 15 minutes before the dismissal of school children until 30 minutes after the time of dismissal Rules and Regulations. School crossing guards shall be governed by the rules and regulations provided for the guidance of the Department members insofar as they are applicable and consistent with the special duties prescribed for school crossing guards. ARTICLE VIII POLICE CHAPLAINS Appointment. The Township Manager may, if he/she deems it advisable, submit to the Council his/her recommendations for the appointment of a Chaplain or Chaplains of Police for a period not exceeding three years. A Chaplain shall receive no compensation Duties; Treatment. Chaplain of Police shall visit the sick, injured and dying and administer to the spiritual welfare of the members of the Department. He/She shall be authorized to visit all Department offices and to converse with any member of the Department. A Chaplain shall be treated by members of the Department with the courtesy and respect due to his/her calling. ARTICLE IX DRUG FREE ZONES Establishment of Map of Verona Township 1000 Feet Drug Free School Zones and 500 Feet Drug Free Public Park and Public Building Zones. A. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7, Map of School Property and Property Within 1,000 Feet Thereof and of Certain Public Facilities and Property Within 500 Feet Thereof prepared by the Township Engineer, James M. Helb, P.E. and L.S., dated October 2, 2000 is hereby approved and adopted as an official finding and record of the location and areas within the Township of property which is used for school purposes and which is owned

12 by or leased to any elementary or secondary school or the school board, and of the areas on or within one thousand (1,000) feet of such school property. B. In accordance with and pursuant to the authority of N.J.S.A. 2C:35-7.1, Map of School Property and Property Within 1,000 Feet Thereof and of Certain Public Facilities and Property Within 500 Feet Thereof prepared by the Township Engineer, James M. Helb, P.E. and L.S., dated October 2, 2000 is hereby approved and adopted as an official finding and record of the location and areas within the Township of property designated as a public housing facility, a public park or a public building, and of the areas on or within five hundred (500) feet of such public property Official Finding and Record Until Amended. A. The Map of School Property and Property Within 1,000 Feet Thereof and of Certain Public Facilities and Property Within 500 Feet Thereof shall continue to constitute an official finding and record as to the location and boundaries of area on or within one thousand (1,000) feet of property owned or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones. B. The Map of School Property and Property Within 1,000 Feet Thereof and of Certain Public Facilities and Property Within 500 Feet Thereof shall continue to constitute an official finding and record as to the location and boundaries of area on or within five hundred (500) feet of property comprised of a public housing facility, a public park or a public building until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of the public property and drug-free public property zones Notification of Changes. A. The Township Board of Education, or the chief administrative officers in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Township Manager, Township Engineer, Police Chief and the Township Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and used for school purposes. B. The Map of School Property and Property Within 1,000 Feet Thereof and of Certain Public Facilities and Property Within 500 Feet Thereof may be changed from time to time by the Township Council and each Director/Administrator of any public housing facility, public park or public building is hereby directed and shall have the continuing obligation to promptly notify the Township Manager, Township Engineer, Police Chief and the Township Attorney of any changes or contemplated changes in the location and boundaries of any public housing facility, public park and/or public building Filing of Map. The Township Clerk is hereby directed to receive and to keep on file the original of the map approved and adopted by this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk, the Sheriff of the County of Essex and to the Office of the Essex County Prosecutor Additional Matters. The following additional matters are hereby determined, declared, recited and stated:

13 A. It is understood that the map approved and adopted pursuant to this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law, such map shall constitute prima facie evidence of the following: (1) The location of elementary and secondary schools within the Township; (2) The location of any and all public housing facilities, public parks or public buildings within the Township; (3) The boundaries of the real property which is owned by or leased to such school or a school board and that such school property is and continues to be used for school purposes; and (4) The boundaries of the real property which is owned by or leased to any public housing facility, public park or public building within the Township and that such property is and continues to be used for public purposes; and (5) The location and boundaries of areas which are on or within one thousand (1,000) feet of such school property; and (6) The location and boundaries of areas which are on or within five hundred (500) feet of such public property. B. All of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes; and C. All of the property depicted on the map approved and adopted herein as public property was owned by or leased to a public housing facility, public park or public buildings. D. Pursuant to the provisions of N.J.S.A. 2C:35-7, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted herein. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes. E. Pursuant to the provisions of N.J.S.A. 2C:35-7.1, a Prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted herein. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public purposes, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a public housing facility, public park or public building, or that such property is not used for public purposes. F. All of the requirements set forth in N.J.S.A. 2C:35-7, concerning the preparation, approval and adoption of a drug-free school zones map have been complied with.

14 G. All of the requirements set forth in N.J.S.A. 2C:35-7.1, concerning the preparation, approval and adoption of a drug-free public property zones map have been complied with. ARTICLE X PRIVATE OUTDOOR VIDEO SURVEILLANCE CAMERA REGISTRY Community Sharecam registry established. The ability of law enforcement officials to timely investigate criminal activity is essential to apprehending culpable criminals and ensuring public safety. Footage from private outdoor video surveillance cameras may provide useful information for law enforcement officials investigating incidents of criminal activity that occurred within the vicinity of these cameras. In order to facilitate law enforcement investigations into criminal activity and save valuable time and resources, the Township hereby establishes the Community Sharecam registry, which allows all owners of private outdoor video surveillance cameras in the Township to voluntarily register their cameras with the Verona Police Department Registration requirements. In accordance with N.J.S.A. 40:48-1.7b, the following information is required to be included in the Community Sharecam registry: A. The name of the person who owns the camera; B. The most recent contact information, including the street address and telephone number of the person who owns the camera; C. The street address of the residence or business where the camera is installed; D. The number of cameras located at the residence or business; E. The outdoor areas recorded by the camera; F. The means by which the camera's footage is saved or stored, and the duration of time for which the footage is saved or stored; and G. Any additional information the Verona Police Department deems necessary Uses and access. A. Information stored in the Community Sharecam registry pursuant to this Article shall be available for the exclusive use by law enforcement officials to investigate criminal activity within the vicinity of the camera's location. Information stored in the registry shall not be considered a public record pursuant to P.L.1963, c. 73 (C.47:1A-1 et seq.), P.L.2001, c. 404 (C.47:1A-5 et seq.), or common law concerning access to public records and shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter. B. A state, county, or municipal law enforcement agency may contact a person whose information appears in the Community Sharecam registry established pursuant to this Article in order to request access to any camera's footage which may assist an investigation of criminal activity that occurred within the vicinity of the camera's location. A person who registers a camera with the Verona Police Department shall not be required to submit the camera's footage to a law enforcement agency, unless otherwise required by law. C. As used in this article, private outdoor video surveillance camera or camera means a device installed outside a residence or business, which, for security purposes, captures footage of an area outside the residence or business No waiver. Registration of a camera in the Community ShareCam registry does not constitute a waiver of any rights granted under the Constitution of the United States or the State of New Jersey.

15 SECTION 4. Section A175-1 (Schedule of fees), is hereby amended in part as follows: Type Ch. 38 Police Department 38-24(A). Payment Schedule All work between the hours of 7:00 a.m. and 7:00 p.m. All extra duty work between 7:00 p.m. and 7:00 a.m. Fee $69.00 per hour $74.00 per hour All extra duty work performed on holidays and weekends $74.00 per hour 38-24(B). Police Side-Job Administrative Fee $6/hr plus 10% 38-54(A). Special Police Officer Fees. Organizations Contractors $30.00 per hour $50.00 per hour 38-54(B). Special Police Officer Administrative Fee plus 10% 38-54(C). Special Police Officer Patrol Car Fee $50.00 per 4 hours (billed in 4 hour increments) SECTION 5. If any section, sub-section, paragraph, sentence or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance. SECTION 6. All ordinances or parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 7. This ordinance shall take effect after final adoption and publication and otherwise as provided by law. ATTEST: NOTICE JENNIFER KIERNAN MUNICIPAL CLERK I HEREBY CERTIFY THAT THE AFOREMENTIONED ORDINANCE WAS PUBLISHED IN THE VERONA-CEDAR GROVE TIMES, A NEWSPAPER PUBLISHED IN THE COUNTY OF ESSEX AND CIRCULATED IN THE TOWNSHIP OF VERONA, IN THE ISSUE OF MAY 10, 2018 AND MAY 24, INTRODUCTION: May 7, 2018 PUBLIC HEARING: May 21, 2018 EFFECTIVE DATE: June 11, 2018 JENNIFER KIERNAN MUNICIPAL CLERK