CHAPTER II ADMINISTRATION*

 

Article I  Mayor and Borough Council

 

 

2-1    GOVERNING BODY.

 

2-1.1    Organization of Governing Body.

       The Governing Body shall consist of the Mayor and six (6) Council members, one (1) member elected at large, five (5) members elected by ward in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election.

        a.    Wards and Election Districts. The Borough of Roselle Park is divided into five (5) election districts with one (1) Council member to be elected from each district and one (1) Council member to be elected at large. The wards and election districts as shown on the accompanying map dated December 27, 2001, were set up by a Commission appointed pursuant to Ord. No. 494.**

(1980 Code Chapter 68; New)

2-1.2    Rules of Council.

       The Council shall by ordinance adopt rules of procedure not inconsistent with this chapter. The rules shall provide for standing committees of the Council. (New)

 

2-1.3    Ordinances and Resolutions.

       Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified. (New)

 

2-1.4    Vacancies.

       Whenever a vacancy occurs in the membership of the Borough Council for any reason other than the expiration of term of office, the vacancy shall be filled pursuant to State Statutes. (New)

 

2-1.5    Appointment to Elective Office; Qualifications.

       Every person appointed by the Mayor, the Borough Council or by the Governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by Statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party. (New)

 

 

2-2    MEETINGS.

 

2-2.1    Schedule for Meetings.

       The Council shall meet for organization on the first day of January, or during the first seven (7) days in January in any year at the call of the incoming Mayor. Thereafter, the Council shall meet regularly within the Borough at such times and places as provided by the Rules of Council. The Mayor shall when necessary call special meetings of the Council. In case of his neglect or refusal, any four (4) members of the Council may call such meetings at such time and place in the Borough as they may designate. In all cases of special meetings, twenty-four (24) hours written notice (or actual voice contact) shall be given to all members of the Council. Written notice may be given by leaving such notice at their places of residence. All meetings shall be held in compliance with the Open Public Meetings Act. (New)

 

 

2-3    POWERS AND DUTIES OF THE MAYOR.

       The Mayor shall preside over all meetings of the Council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by Statute or specific ordinance, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments requiring Council confirmation shall be made except by a majority vote of the Council members present at the meeting, provided that at least three (3) affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within thirty (30) days after the appointive office becomes vacant. If the Mayor fails to nominate within thirty (30) days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of thirty (30) days, the Council shall appoint the officer.

       The Mayor shall see that the laws of the State and the ordinances of the Borough are faithfully executed, and shall recommend to the Council such measures as he/she may deem necessary or expedient for the welfare of the Borough. He/she shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.

       The Mayor shall supervise the conduct and acts of all officers in the Borough and shall execute all contracts made on behalf of the Council. (New)

 

 

2-4    AWARDING OF PUBLIC PROFESSIONAL SERVICE CONTRACTS.

 

2-4.1    Prohibition on Awarding Public Contracts to Certain Contributors.

        a.    Any other provision of law to the contrary notwithstanding, the Borough or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services, including banking services/relationships or insurance coverage services, from any professional service provider, if that provider has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions in excess of two hundred ($200.00) dollars to a campaign committee of any Borough of Roselle Park candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Borough of Roselle Park or Union County Party Committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Borough of Roselle Park municipal candidates or municipal officeholders, within one (1) calendar year immediately preceding the date of the contract or agreement.

        b.    No professional service provider which enters into negotiations for, or agrees to, any contract or agreement with the Borough or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other no-bid consultants shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions in excess of two hundred ($200.00) dollars, to any Borough of Roselle Park candidate or holder of the public office within the Borough having ultimate responsibility for the award of the contract, or to any Borough of Roselle Park or Union County Party Committee, or to any PAC that is organized for the primary purpose of promoting or supporting Borough of Roselle Park municipal candidates or municipal officeholders between the time of first communications between that service provider and the Borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.

        c.    For purposes of this section, a “professional service provider” seeking a public contract means: an individual, including the individual’s spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a service provider includes all principals who own one (1%) percent or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the provider as well as any subsidiaries directly controlled by the service provider.

        d.    For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

       1.      The Borough of Roselle Park Council, if the contract requires approval or appropriation from the Council or a public officer who is responsible for the award of a contract if that public officer is appointed by Council; or

       2.      The Mayor of the Borough of Roselle Park, if the contract requires the approval of the Mayor or a public officer who is responsible for the award of a contract if that public officer is appointed by the Mayor; or

       3.      Both number one and two.

(Ord. No. 2395)

 

2-4.2    Contributions Made Prior to the Effective Date.

       No contribution of money or any other thing of value, including in-kind contributions in excess of two hundred ($200.00) dollars, made by a professional service provider to any Borough of Roselle Park candidate for Mayor or Council, or municipal or County party committee or PAC referenced in this section shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever in excess of two hundred ($200.00) dollars, be disqualified thereby, if that contribution or agreement was made by the professional service provider prior to the effective date of this section. (This section was adopted November 7, 2013) (Ord. No. 2395)

 

2-4.3    Contribution Statement by Professional Service Provider.

        a.    Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional service provider, the Borough or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional service provider made under penalty of perjury that the bidder or offeror has not made a contribution in excess of two hundred ($200.00) dollars in violation of Section 2-4 hereof;

        b.    The professional service provider shall have a continuing duty to report any violations of this section that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Borough and shall be in addition to any other certifications that may be required by any other provisions of law.

(Ord. No. 2395)

 

2-4.4    Violations and Penalties.

        a.    All Borough of Roselle Park professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional service provider, as defined in Section 2-4, to violate Section 2-4 or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries or any Union County Party Committee for the purpose of concealing or misrepresenting the source of the contribution.

        b.    Any professional service provider, as defined in Section 2-4, who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through an intermediary, including but not limited to a Union County Party Committee, for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Borough of Roselle Park contracts for a period of four (4) calendar years from the date of the violation.

        c.    Any person violating any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.

(Ord. No. 2395)

 

 

2-5               POWERS AND DUTIES OF THE COUNCIL.

 

2-5.1        Statutory Provisions.

a.                   The Council shall be the legislative body of the municipality.

b.                  The Council may, subject to general law and the provisions set forth by New Jersey State Statute:

1.                  Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;

2.                  Control and regulate the finances of the municipality and raise money by borrowing or taxation;

3.                  Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Council. Other than the Borough Attorney, Engineer, and Building Inspector, these officers shall be residents of the Borough and shall serve at the pleasure of the Council, except the Clerk, who also shall be exempt from the Borough residency requirement, the Tax Collector and Tax Assessor who shall serve for terms as provided in chapter 9 of Title 40A of the New Jersey Statutes. The Council may exempt officers from the residency requirements but only pursuant to the adoption of an ordinance to that effect;

4.                  Investigate any activity of the municipality;

5.                  Remove any officer of the municipality, other than those officers excepted by law, for cause; and

6.                  Override a veto of the Mayor by a two-thirds (2/3) majority of all the members of the Council.

c.                   The Council shall have all the executive responsibilities of the municipality not placed, by general law or New Jersey State Statute, in the Office of the Mayor.

d.                  The Council, whenever it fails to confirm the nomination by the Mayor of any official to a subordinate office of the Borough within thirty (30) days of being presented such nomination, shall make the appointment to that office, provided that at least three (3) affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie.

e.                   This section shall be consistent with and governed by N.J.S.A. 40A:60-6 and any amendments thereto.

(Ord. No. 2490-2017 § 1)

 

2-5.2        Committee Requirements.

a.                   It shall be a requirement that each member of the Council serve as a member of at least one (1) of the Governing Body’s standing committees and serve as a liaison to at least one (1) of the various committees or entities established by the Borough. (Ord. No. 2490-2017 § 2)

 

 

 

2-6    PRESIDENT OF THE COUNCIL.

       At the organizational meeting the Council by a majority vote shall elect from their number a President of the Council, who shall preside at all of its meetings when the Mayor does not preside. The President of the Council shall hold office for one (1) year and until the next annual meeting. The President of the Council shall have the right to debate the vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council and in that case no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three (3) consecutive days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his/her absence or inability. In case of the Mayor's intended absence from the Borough for more than three (3) days at any one time, the Mayor shall notify the President in writing of such intended absence, whereupon the President shall become Acting Mayor upon the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Council member having the longest term of service as such may act temporarily for the President. (New)

 

 

2-7    RESERVED.

 

 

Article II  Officers and Employees

 

 

2-8    MUNICIPAL CLERK.

 

2-8.1    Appointment; Term.

       Pursuant to N.J.S.A. 40A:9-133, there shall be a Municipal Clerk appointed by the Mayor with the advice and consent of the Borough Council. The term of office of the Municipal Clerk shall be three (3) years. (New)

 

2-8.2    Qualifications.

       No person shall be appointed as Municipal Clerk unless he/she shall have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133 et seq. (New)

 

2-8.3    Powers and Duties.

       The Municipal Clerk shall:

        a.    Be in attendance at his office in the Borough Hall daily, excepting Saturdays, Sundays and holidays, during such hours as the Council may by resolution determine.

        b.    Act as Secretary of the municipal corporation and have custody of all minutes, books, deeds, bonds, contracts, and archival records of the municipal corporation. The Borough Council may, however, provide by ordinance that any other specific officer shall have custody of any specific other class of record.

        c.    Act as Secretary to the Borough Council, prepare meeting agendas at the discretion of the Council, be present at all meetings of the Council, keep a journal of the proceedings of every regular and special meeting, and record the minutes of every meeting. The pages of these minutes shall be consecutively numbered commencing with the report of the first meeting and ending with the last meeting of the calendar year. One (1) copy of all minutes shall be retained by the Clerk as the official record of the Mayor and Council and, at the end of the calendar year, shall be permanently bound and retained with the Borough records. The Clerk shall also forward to the Mayor and each member of the Council a copy of the minutes of each session.

        d.    Keep an ordinance book containing the original signed copy of all ordinances and resolutions; maintain an appointment book containing a record of all appointments to office, the term for which each is appointed and his or her salary, if any; and also a record of the contents of the Borough safe deposit box.

        e.    Serve as the administrative officer responsible for the acceptance of applications for licenses and permits and the issuance of licenses and permits, except where Statute or ordinance has delegated that responsibility to some other Borough officer. At every regular meeting the Clerk shall make a report in such form as the Council may decide of all licenses issued by the Clerk's office since the preceding meeting and pay to the Chief Financial Officer the fees received therefor.

        f.     Serve as the Chief Administrative Officer in all elections held in the Borough, subject to the requirements of Title 19 of the New Jersey Statutes Annotated;

        g.    Serve as Chief Registrar of voters in the Borough, subject to the requirements of Title 19 of the New Jersey Statutes Annotated;

        h.    Open and present to the Mayor and Council all correspondence addressed to it and answer the same in accordance with the direction of the Mayor and Council.

        i.     Receive and file in the Clerk's office all oaths and affirmations of office, bonds of municipal employees, bonds for the performance of contracts, deeds, contracts, decrees, insurance policies, leases and all other papers affecting Borough property or affairs.

        j.     Have custody of the Official Seal of the Borough and shall affix the same to all papers whenever required.

        k.    Serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the New Jersey Statutes Annotated;

        l.     Supervise the advertising of all ordinances and perform such other duties as are enjoined upon the Municipal Clerk by law and other such services as the Mayor and Council may require by resolution or otherwise.

(1980 Code § 43-8; New)

 

2-8.4    Compensation.

       The salary of the Municipal Clerk shall be as provided in the Salary Ordinance of the Borough and shall be payable in biweekly installments in the same manner as other Borough officials are paid, which salary shall be in lieu of all fees. (1980 Code § 43-10; New)

 

2-8.5-2-8.10  Reserved.

 

2-8.11  Office of the Deputy Municipal Clerk.

        a.    Creation. Pursuant to N.J.S.A. 40A:9-135, the office of Deputy Municipal Clerk is hereby created. The Deputy Municipal Clerk shall be appointed by the Mayor with the advice and consent of the Council for a term as they shall establish.

        b.    Duties.

       1.      In the absence of the Municipal Clerk, the Deputy Municipal Clerk shall perform all the duties required by law and the ordinances to be performed by the Municipal Clerk.

       2.      In addition thereto, the Deputy Municipal Clerk shall assist the Municipal Clerk in the performance of the duties of the Office of the Municipal Clerk and perform such duties as are designated by and under the direction of the Municipal Clerk, attend such meetings of the various boards and committees of the Borough as the Clerk may designate, take the minutes of the meetings thereof and generally perform such duties as the Municipal Clerk and the Mayor and Council may designate.

        c.    Compensation. The salary of the Deputy Municipal Clerk shall be as provided in a Salary Ordinance of the Borough and shall be payable in biweekly payments.

(1980 Code §§ 43-11; 43-12; 43-13)

 

2-8.12-2-8.14  Reserved.

 

2-8.15  Clerk-Stenographer.

        a.    Position Created. There is hereby created the position of Clerk-Stenographer in the Office of the Municipal Clerk.

        b.    Duties. The duties of the position of Clerk-Stenographer hereby created in the Office of the Municipal Clerk shall include but in no way shall be limited to the following:

       1.      Attend all meetings of the Governing Body and such other meetings as the Mayor and Council or Municipal Clerk may designate, take verbatim shorthand notes of the proceedings of such meetings and transcribe same under the supervision and direction of the Municipal Clerk.

       2.      Perform such typing and filing of records as the Governing Body or the Municipal Clerk may require or designate.

       3.      Answer and on direction make calls on the telephone.

       4.      Under supervision and direction of the Municipal Clerk, prepare license applications and issue licenses.

       5.      Perform such other duties as the Mayor and Council or the Municipal clerk may require, order or direct.

        c.    Compensation. The salary of the position of Clerk-Stenographer hereby created shall be as provided in a Salary Ordinance and shall be payable at the time and in the same manner as all other salaries of Borough employees are paid.

(1980 Code §§ 43-14-43-15)

 

 

2-9    CHIEF ADMINISTRATIVE OFFICER.

 

2-9.1    Position Created.

       There is hereby created the position of Chief Administrative Officer. (Ord. No. 2176 § 43-133)

 

2-9.2    Appointment and Term of Office.

       The Chief Administrative Officer shall be a full-time employee of the Borough and shall serve at the discretion of the Mayor and Council. He/She shall receive such compensation as the Mayor and Council may determine and shall be chosen solely on the basis of experience and administrative qualifications. The Chief Administrative Officer  may hold one (1) or more other appointive positions in the Borough. (Ord. No. 2176 § 43-134)

 

2-9.3    Removal from Office.

       The Chief Administrative Officer may be removed by a two-thirds (2/3) vote of the Borough Council. The resolution of removal shall become effective three (3) months after its adoption by the Borough Council, which may provide that the resolution shall have immediate effect; provided, however, that the Governing Body shall cause to be paid to the Chief Administrative Officer forthwith any unpaid balance of his/her salary for the next three (3) calendar months following adoption of the resolution. (Ord. No. 2176 § 43-135)

 

2-9.4    Acting Chief Administrative Officer.

        a.    The Chief Administrative Officer, with the consent of the Council, may designate a Borough officer or employee as Acting Chief Administrative Officer to perform the duties of the office during his/her absence or disability of less than ten (10) days. Should the Chief Administrative Officer not do so, or should the Mayor and Council disagree with the designated appointment, then the appointment of the Acting Chief Administrative Officer shall be made pursuant to subsection 2-9.2.

        b.    On removal or resignation of the Chief Administrative Officer, the Mayor and Council may appoint an Acting Chief Administrative Officer to serve for ninety (90) days or until a Chief Administrative Officer is appointed, pursuant to subsection 2-9.2 above, whichever is sooner.

(Ord. No. 2176 § 43-136)

 

2-9.5    Compensation.

        a.    The Chief Administrative Officer shall receive such salary as may be established in the Salary Ordinance of the Borough. He/She shall be reimbursed for all necessary expenses incurred in the performance of his/her office.

        b.    Unless otherwise provided, no Acting Chief Administrative Officer shall be paid more than his/her regular salary while serving in that capacity but he/she shall be reimbursed for all necessary expenses incurred in the performance of his/her office. If the Mayor and Council, by resolution, increases the compensation of the Acting Administrator during his/her term, such increased compensation shall not exceed the minimum established in the Salary Ordinance for the position of Chief Administrative Officer.

(Ord. No. 2176 § 43-137)

 

2-9.6    Qualifications; Residency.

        a.    The Chief Administrative Officer shall be appointed on the basis of executive and administrative abilities and qualifications. Previous responsible, successful experience in local government is required.

        b.    The Chief Administrative Officer need not be a resident of the Borough.

(Ord. No. 2176 § 43-138)

 

2-9.7    Powers and Duties.

       The Chief Administrative Officer shall have such administrative duties and functions as shall be delegated to him/her by the Mayor and Council. The Chief Administrative Officer of the Borough shall be responsible to the Mayor and Council for the administration of all Borough affairs and with the following powers and duties.

        The Chief Administrative Officer shall:

        a.    Attend all meetings of the Mayor and Council and such other meetings as directed by the Mayor and Council.

        b.    Provide a liaison between the Mayor and Council and various municipal boards, agencies and departments of the Borough and its professional advisors.

        c.    Keep the Mayor and Council currently informed on all matters assigned to him/her or otherwise within his/her jurisdiction.

        d.    Be responsible for the coordination of interdepartmental operations and manage the day-to-day operations of the Borough Hall by coordinating and supervising the activities of all employees.

        e.    Make studies and surveys of the municipal problems of the Borough as shall be assigned by the Mayor and Council, and prepare and submit written reports of his/her findings and determinations to the Mayor and Council for its consideration and action.

        f.     Have direct responsibility for policy formulation on overall problems and shall study continually present and future budgets, purchasing procedures and personnel organization and policies, making appropriate changes when necessary. He/She also shall make recommendations to the Mayor and Council relating thereto as he/she deems necessary.

        g.    Be responsible for continually improving communications between the various Borough personnel, departments, agencies, boards and the Mayor and Council.

        h.    See that all terms and conditions imposed in favor of the Borough or its inhabitants in any Statute or contract are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the Borough Council.

        i.     Have the authority to recommend the removal, discipline and appointment of all department heads subject to the personnel policies of the Borough.

        j.     Be responsible for the overall supervision and maintenance of the real property owned by the Borough of Roselle Park.

        k.    Review daily any complaints concerning the function and obligations of the Borough made by any of its residents and keep a permanent record of all complaints and the disposition made.

        l.     Make any recommendations which he may believe will increase the efficiency of the operation of the Borough.

        m.   Develop and administer a comprehensive personnel program, as provided by the Council.

        n.    Implement and enforce the policies of the Mayor and Council with respect to the compiling and release of public information.

        o.    Supervise the disbursement of all Borough funds and approve all vouchers and bills before submitting same to the Mayor and Council for final approval.

        p.    Conduct annual evaluations of department heads and oversee evaluation of personnel.

        q.    Perform such other duties as may be assigned to him/her by the Mayor and Council, which duties may be modified by resolution or the Mayor and Council.

(Ord. No. 2176 § 43-139)

 

 

2-10  CHIEF FINANCIAL OFFICER.

 

2-10.1    Creation.

       Pursuant to N.J.S.A. 40A:9-140.1 et seq., there is hereby created the position of Chief Financial Officer of the Borough. (1980 Code § 43-51)

 

2-10.2    Qualifications.

       The Chief Financial Officer shall be required to have a Municipal Finance Officer certification issued pursuant to the provisions of N.J.S.A. 40A:9-140.1 et seq. (1980 Code § 43-52)

 

2-10.3    Compensation.

       The compensation for this officer shall be fixed in the Salary Ordinance. (1980 Code § 43-53)

 

2-10.4    Term of Office.

       Pursuant to N.J.S.A. 40A:9-140-10 the term of office shall be four (4) years commencing January 1 of the year of appointment. (1980 Code § 43-54; New)

 

2-10.5    Powers and Duties.

       The Chief Financial Officer shall be responsible for carrying out the duties set forth in N.J.S.A. 52:27BB-26 et seq.

       The Chief Financial Officer shall:

        a.    Receive funds entrusted, received or under the control of any department and deposit all funds received by him in depositories authorized by the Governing Body by resolution.

        b.    Have custody of all investments and invested funds of the Borough or in possession of the Borough in a fiduciary capacity, except as otherwise provided by law, and keep such funds and all moneys of the Borough not required for current operations safely invested or deposited in interest bearing accounts.

        c.    Have the safekeeping of all bonds and notes of the Borough and the receipt and delivery of the Borough bonds and notes for transfer, registration or exchange.

        d.    Keep a full account of all case receipts and disbursements of the Borough and at least once each month, or more often if the Governing Body requires, furnish the Governing Body with a statement of all moneys received and expended by him/her.

        e.    Be responsible to carry out all duties and functions provided for in N.J.S.A. 40A:9-1 et seq. and shall perform such duties as the Mayor and Council may direct.

(1980 Code § 43-55; New)

 

 

2-11  TAX ASSESSOR.

 

2-11.1    Appointment.

       The Mayor, with the advice and consent of the Borough Council, shall provide for the appointment of a Tax Assessor. (New)

 

2-11.2    Qualifications.

       The Tax Assessor shall hold the Tax Assessor's Certificate provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing property for the purpose of general taxation. Nothing in this section shall affect adversely the salary or tenure rights acquired pursuant to N.J.S.A. 54:1-35.31 or any other law. (New)

 

2-11.3    Duties.

       The Tax Assessor shall perform the duties required of the holder of such office pursuant to Title 54 of the New Jersey Statutes and such regulations as may be promulgated by the New Jersey Division of Taxation and the Monmouth County Board of Taxation.

        a.    Have, perform and discharge all the functions, powers and duties prescribed by law for a Municipal Assessor.

        b.    Maintain adequate assessment records of each separate parcel of real property assessed or exempted.

        c.    Maintain a current tax map of the Borough as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other Departments as provided by the Code.

        d.    Report to the Borough Council as to equalization proceedings and other matters involving the County Tax Board and make recommendations as to action to be taken in that regard.

(New)

 

2-11.4    Salaries.

       The Mayor and Borough Council shall determine the amount of compensation for the Tax Assessor in the Salary Ordinance. (New)

 

2-11.5    Terms of Office.

       The Tax Assessor shall hold office for a term of four (4) years. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term. (New)

 

 

2-12  TAX COLLECTOR.

 

2-12.1    Appointment; Duties.

       Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor and Borough Council shall appoint the Tax Collector who shall be charged with the duty of collecting taxes on real property in the Borough. (New)

 

2-12.2    Term of Office; Vacancies.

       The Tax Collector shall hold his office for a term of four (4) years from January 1 next following his appointment. Vacancies other than those due to the expiration of term shall be filled by appointment for the unexpired term. (New)

 

2-12.3    Certificate Required.

       No person shall be appointed or reappointed as Tax Collector unless he or she shall hold a Tax Collector Certificate issued by the Director of the Division of Local Government Services. A Tax Collector certificate shall be obtained upon qualification and successful completion of the examination given by the Director of the Division of Local Government Services. Qualifications for certification shall be in accordance with N.J.S.A. 40A:9-145.2. Revocation or suspension of any certificates shall be in accordance with N.J.S.A. 40A:9-145.5. (New)

 

 

2-13  BOROUGH ATTORNEY.

 

2-13.1    Office Created; Appointment; Qualifications.

       Pursuant to N.J.S.A. 40A:139, there is hereby created the office of Borough Attorney, and an Attorney or a firm of attorneys, in the discretion of the Mayor and Council, shall be appointed in accordance with law. The Borough Attorney shall be a duly licensed attorney-at-law of the State of New Jersey. (1980 Code § 43-1; New)

 

2-13.2    Court Representation.

       The Attorney shall prosecute or defend any and all suits or actions, whether in law, equity or administrative proceedings, to which the Borough may be a party or in which it may be interested, or proceedings in which any officer of the Borough in the capacity of such office may be a party. (1980 Code § 43-2)

 

2-13.3    Duties as Legal Advisor.

       The Borough Attorney shall be the legal advisor of the Borough and shall render advice on all legal questions affecting the municipality whenever requested to do so by the Governing Body. (1980 Code § 43-3)

 

2-13.4    Attendance of Meetings.

       It shall be the duty of the Borough Attorney to attend all regular and special meetings of the Mayor and Council when requested to do so. (1980 Code § 43-4)

 

2-13.5    Assessment and Condemnation Proceedings.

       It shall be the duty of the Borough Attorney to attend to the completion of all assessment and condemnation proceedings. (1980 Code § 43-5)

 

2-13.6    Drafting of Contracts and Ordinances.

       It shall be the duty of the Borough Attorney to draft or supervise the phraseology of any contract, lease or other documents or instruments to which the Borough may be a party, and upon request of the Governing Body, to draft ordinances covering such subjects as may be within the power of the municipality. (1980 Code § 43-6)

 

2-13.7    Retainer; Compensation for Additional Services.

        a.    The Borough Attorney shall receive for his services a retainer to be fixed by ordinance adopted by the Mayor and Council. This retainer shall be full compensation for all advisory services, attendance at meetings of the Mayor and Council, drafting of ordinances, contracts and other documents, and all services other than those rendered in connection with the following matters:

       1.      Foreclosure of tax title liens;

       2.      Defense or prosecution of tax appeals;

       3.      Defense or prosecution of litigation or administrative proceedings;

       4.      Services as a labor-management negotiator;

       5.      Services in the preparation of a municipal bond issue;

       6.      Such other unusual or specialized projects requiring legal services beyond the ordinance scope of the Attorney's duties, provided the performance of these services and the additional compensation therefor are agreed upon by the Mayor and Council.

        b.    For the services described in paragraph a.,1 through 6, the Attorney shall receive additional compensation as may be authorized by the Mayor and Council.

(1980 Code § 43-7)

 

 

2-14-2-15  RESERVED.

 

 

2-16  BOROUGH ENGINEER.

 

2-16.1    Position Created; Qualifications.

       Pursuant to N.J.S.A. 40A:9-139, there is hereby created the position of Borough Engineer, who is required to hold a New Jersey professional engineer license, a land surveyor license and the Certified Municipal Engineer (CME) designation. (1980 Code § 18-1)

 

2-16.2    Appointment.

       The Borough Engineer shall be appointed by the Mayor with the advice and consent of the Council and shall hold office for a term of three (3) years as prescribed by law. (New)

 

2-16.3    Compensation; Duties.

       The Borough Engineer shall receive such compensation which in the Salary Ordinance Resolution shall be established. In consideration of the salary received, the Borough Engineer shall perform the following duties:

        a.    Attend all Executive Committee/Council meetings.

        b.    Attend all Planning Board meetings.

        c.    Respond to engineering matters as required by the Mayor or the appropriate committee chair/liaison.

        d.    Maintain Tax Maps.

        e.    Perform all engineering duties not enumerated in subsection 2-16.4.

(1980 Code § 18-2)

 

2-16.4    Additional Engineering Services Subject to Independent Billing.

        a.    In addition to the above-enumerated engineering services, the Borough may engage an engineering firm, which will be appointed by the Mayor and Council by Resolution. The appointed engineering firm shall be paid at an hourly rate and shall submit appropriate bills for services.

        b.    The municipal portion of the engineering services to be billed and paid to the appointed engineering firm are as follows:

       1.      Prepare plans and specifications.

       2.      Supervise actual construction of all capital project(s).

       3.      Review and approve all vouchers.

       4.      Submit final report to the Mayor and Council upon project completion.

        c.    The Planning Board portion of the engineering services shall be billed and paid to the appointed engineering firm, out of the escrow accounts of applicants to the Planning Board which are to be maintained by the Borough, are as follows:

       1.      Review projects and submit reports.

(1980 Code § 18-3)

 

2-16.5    Definition of Capital Projects; Fees.

        a.    Capital Projects shall mean any improvements to the infrastructure, e.g. drainage, sanitary sewers, roads, sidewalks, curbing.

        b.    Fees on capital projects should be billed at an hourly rate (supported by documentation).

(1980 Code § 18-4; New)

 

2-16.6    Cost of Trees and Improvements; Liens.

        a.    Except as hereinafter provided, the initial cost of all trees planted by the Department of Public Works, the cost of planting same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Borough Engineer so determines, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is determined that it is to be paid by the owner, shall, unless paid directly to the Borough Engineer, be certified by it to the Collector of Taxes, shall thereupon become a lien upon the real estate, shall be included in the next tax bill rendered to the owner or owners thereof and shall be collected in the same manner as other taxes against that property.

        b.    The provisions of this section shall not apply to:

       1.      A planting to replace a tree or trees previously planted by the Department of Public Works.

       2.      A planting in connection with Arbor Day exercises or other educational demonstrations.

(1980 Code § 18-5)

 

2-16.7    Planting and Removal of Trees.

       In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Borough Engineer shall give notice of the meeting at which it is proposed to consider the planting by publishing the notice at least once, not less than twenty (20) days before the meeting, in a newspaper circulating in the municipality, and by personal service of a copy of the notice upon the abutting owner at least ten (10) days before the meeting. The notice shall specify the street or portions thereof on which such planting is proposed and shall require all persons who may object thereto to present their objections, in writing, at the Office of the Borough Engineer at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. (1980 Code § 18-6)

 

2-16.8    Public Improvements Affecting Trees.

        a.    No statute giving any person or State, County or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Borough Engineer within whose jurisdiction such tree shall be located. In all cases, such Borough Engineer shall be reasonably cooperate with such person, board, body or official for the public good.

        b.    Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of any County Agency over the trees or shrubbery in any County park or parkway within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.

(1980 Code § 18-7)

 

 

2-17  AUDITOR.

       Pursuant to N.J.S.A. 40A:5-4, the Borough Council shall employ a registered municipal accountant of the State of New Jersey to prepare an annual audit of its books, amounts and financial transactions of the Borough. (New)

 

 

2-18  LOCAL HISTORIAN.

 

2-18.1    Position Established; Appointment; Compensation.

       There is hereby established in the Borough the position of Local Historian, who shall be appointed by the Mayor, with the advice and consent of Council, and shall serve at the pleasure of the Governing Body. The Local Historian shall serve without compensation, but the Governing Body may annually appropriate such funds as may be necessary to reimburse this officer for expenses incurred in the performance of the duties and responsibilities hereinafter set forth. (1980 Code § 43-39)

 

2-18.2    Clerical Assistants.

       The Local Historian may employ such clerical assistants as may be necessary in order to carry out the duties and responsibilities hereinafter set forth, within the limits of such funds as may be made available by the Mayor and Council for such purposes in the annual budget of the Borough. (1980 Code § 43-40)

 

2-18.3    Powers and Duties.

       The Local Historian shall have the following powers and responsibilities:

        a.    The Local Historian shall carry out a historical program, including but not restricted to collecting, preserving and making available materials relating to the history of the Borough of Roselle Park. The Historian shall store such materials in such manner as to ensure their preservation and shall notify the State Archivist, New Jersey Historical Commission, the Union County Local Historian and the Mayor and Council of any materials which should be acquired for preservation. Upon leaving office, the Local Historian shall turn over all materials and records and reports into the possession of his successor, if then appointed, or to the Governing Body until a successor shall be appointed.

        b.    The Local Historian shall make an annual report to the Mayor and Borough Council stating all the work accomplished during the next year. The Historian shall transmit a copy of such report to the New Jersey Historical Commission. Further, the Historian shall consult with the New Jersey Historical Commission for the purpose of implementing a historical program for the Borough of Roselle Park.

        c.    The Local Historian may research, write and cause to have published a history of the Borough of Roselle Park and may recommend appropriate historical materials for publication.

        d.    The Local Historian may assist a Landmark Commission, as well as advise the Mayor and Council, concerning the acquisition, administration, use and disposition of any landmark or historical site, including such places in his jurisdiction which are included in the New Jersey Register of Historic Places. Such advice may be furnished to the Historic Site Section, Department of Environmental Protection.

        e.    The Local Historian shall assist in projects of commemoration, including the erection of monuments, historic markers and guide signs.

        f.     The Local Historian shall also perform such duties as may be assigned to him by the Mayor and Council.

(1980 Code § 43-41)

 

 

2-19  MUNICIPAL HOUSING LIAISON.

 

2-19.1    Purpose.

       The purpose of this section is to create the administrative mechanisms needed for the execution of Roselle Park Borough’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.  (Ord. No. 2237 § 1)

 

2-19.2    Definitions.

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

Administrative Agent shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for Roselle Park Borough to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

Municipal Housing Liaison shall mean the employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for Roselle Park Borough.

(Ord. No. 2237 § 2)

 

2-19.3    Establishment of Municipal Housing Liaison Position and Compensation; Powers and Duties.

        a.    Establishment of Position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for Roselle Park Borough.

        b.    Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part time municipal employee.

        c.    The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Roselle Park Borough, including the following responsibilities which may not be contracted out, exclusive of paragraph c,6 which may be contracted out:

       1.      Serving as Roselle Park Borough’s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;

       2.      Monitoring the status of all restricted units in Roselle Park Borough’s Fair Share Plan;

       3.      Compiling, verifying, and submitting annual reports as required by COAH;

       4.      Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;

       5.      Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;

       6.      If applicable, serving as the Administrative Agent for some or all of the restricted units in Roselle Park Borough.

        d.    Subject to approval by COAH, Roselle Park Borough may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program of Roselle Park Borough, except for those responsibilities which may not be contracted out pursuant to paragraph c. aboveIf Roselle Park Borough contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.

        e.    Compensation. Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison between the minimum annual salary of six thousand ($6,000.00) dollars and maximum of fifteen thousand ($15,000.00) dollars.

        f.     Administrative Powers and Duties Assigned to the Municipal Housing Liaison.  Only the five (5) required responsibilities outlined in paragraph c. above will be handled by Roselle Park Borough’s Municipal Housing Liaison.  All other duties will be delegated to an approved Administrative Agent to be determined by a future ordinance or professional service contract.

(Ord. No. 2237 § 3)

 

 

2-20 - 2-23  RESERVED.

 

 

Article III  Departments of the Local Government

 

2-24  ESTABLISHMENT OF THE POLICE DEPARTMENT.*

 

2-24.1    Definitions.

       As used in this chapter:

       Department shall mean the Police Department of the Borough of Roselle Park.

       Governing Body shall mean the Mayor and Council of the Borough of Roselle Park.

       Public Safety Committee shall mean the Committee appointed by the Mayor to gather information and report back to the Governing Body.

       Public Safety Committee Chairman shall mean the person designated by the Mayor to be the Chairman of the Committee.

       (1980 Code § 51-1)

 

2-24.2    Purpose.

       The purpose of this section is to codify existing ordinances of the Borough of Roselle Park pertaining to the establishment, maintenance, regulation and control of the Roselle Park Police Department and to promulgate the rules and regulations of the Department in order that its operation shall be conducted most efficiently. (1980 Code § 51-2)

 

2-24.3    Police Department Established.

            The Police Department of the Borough of Roselle Park is hereby established and shall consist of a Police Chief, one (1) Captain, two (2) Lieutenants, six (6) Sergeants, one (1) Detective Sergeant, three (3) Detective Patrolmen, one (1) Traffic Safety Officer and one (1) Detective Juvenile Officer and such members deemed necessary by the Governing Body. The Governing Body shall determine the number of persons, including temporary officers and members in an emergency, to be appointed and their compensation. (1980 Code § 51-3; Ord. No. 2348; Ord. No. 2368; Ord. No. 2389)

 

2-24.4    Appropriate Authority; Powers.

       The Mayor shall appoint from among the members of Council a three (3)-member Public Safety Committee. The Mayor shall designate a person to serve as the Chairman of the Public Safety Committee from one (1) of the three (3) appointed members of the Public Safety Committee. The Public Safety Committee is hereby designated as the appropriate authority as provided for in the New Jersey Statutes, and it shall be responsible for the overall performance of the Police Department. The Public Safety Committee is authorized, with the advice and prior consent of Council, to retain, engage and assign the responsibility to investigate and conduct a fact-finding hearing with regard to discipline of any of the members, including but not limited to an alleged breach of any rule or regulation. The Chief of Police shall make recommendations to the Public Safety Committee regarding the adoption of rules and regulations for the operation of the Police Department and for the discipline of its members. Those recommendations, as approved by the Public Safety Committee, shall be presented to the Governing Body for its consent. Any such recommendations concerning the discipline of members of the Police Department shall provide that the Governing Body shall constitute the hearing tribunal for disciplinary acts. (1980 Code § 51-4)

 

2-24.5    Chief of Police; Salaries of Personnel.

        a.    The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Public Safety Committee for its efficiency and day-to-day operations. Pursuant to policies established by the Public Safety Committee and ratified by the Governing Body, the Chief of Police shall:

       1.      Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Police Department and its members and officers.

       2.      Have, exercise and discharge the functions, powers and duties of the Police Department.

       3.      Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's direction and control.

       4.      Report, at least monthly, to the Governing Body or Public Safety Committee in such form as shall be prescribed on the operation of the Department during the preceding month and make such other reports as may be requested by the Governing Body and Public Safety Committee.

        b.    The Chief of Police shall also serve as Emergency Management Coordinator.

        c.    The salary of the Chief of Police and Captain(s) shall be paid as provided in the Salary Ordinance of the Borough of Roselle Park.

        d.    The compensation for all other Police Department personnel shall be paid in accordance with the collective bargaining agreements entered into between the Borough of Roselle Park and P.B.A. Local No. 27 or its successor.

(1980 Code § 51-5)

 

2-24.6    Powers and Duties of the Police Department.

        a.    The Police Department shall 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 and disperse unlawful or dangerous assemblages.

        b.    Each Police Officer, Police dispatcher and civilian employee are duty bound to familiarize themselves with the provisions of the rules and regulations. Failure to comply shall be considered a neglect of duty.

        c.    In the event that neglect of duty is charged against a Police Officer, Police dispatcher or civilian for failure to observe the rules and regulations, Department procedures or orders, ignorance of any provision of this manual or any Department procedure or order will not be accepted as an excuse.

(1980 Code § 51-6)

 

2-24.7    Qualifications.

       No person may be appointed as a Police Officer for the Borough unless he/she:

        a.    Is a resident of the State of New Jersey.

        b.    Is able to read, write and speak the English language well and intelligently and has a high school diploma.

        c.    Is of good moral character, is sound in body and in good health.

        d.    Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of the office.

        e.    Has successfully undergone the same psychological testing that is required of all regular Police Officers in the Roselle Park Police Department.

(1980 Code § 51-7)

 

2-24.8    Right to Amend or Revise.

       Pursuant to N.J.S.A. 40A:1-118, as amended, the right is reserved by the Public Safety Committee, in accordance with the recommendations of the Police Chief and subject to the ratification by the Governing Body, to amend or to revoke any of the rules and regulations, or add thereto, as the circumstances require. (1980 Code § 51-8)

 

2-24.9    Off-Duty Police Services and Equipment Requested by Private Individuals.

        a.    Definitions. As used in this subsection the following terms shall have the meanings indicated:

       Off-Duty Police Services or Equipment shall mean any services performed or equipment supplied by the Police Department at the request of any person, firm or corporation, public or private, for any valid purpose.

       Requesting Agency shall mean any person, firm or corporation, public or private, desiring to use off duty police services and/or equipment.

        b.    Fees.

       1.      Except as provided below, the fee to be charged for any police services, rendered or supplied by the Borough Park Police Department to any person, firm or corporation, public or private, is hereby fixed at the following rates per hour, or any portion thereof, up to eight (8) hours:

1/1/2008

$54.00 per hour

1/1/2009

$56.00 per hour

1/1/2010

$58.00 per hour

       Thereafter the fee shall be at the following rates per hour or any portion thereof:

1/1/2008

$81.00 per hour

1/1/2009

$84.00 per hour

1/1/2010

$87.00 per hour

       The above is subject to a minimum four (4) hour call out time.

       2.      In addition to the above, the Borough shall charge ten (10%) percent of the total amount as borough administration expense.

       3.      The fee charged to supply police vehicles shall be twelve ($12.00) dollars per hour or any portion thereof.

       4.      For all Borough and Board of Education events, the hourly fee charged shall be thirty-five ($35.00) dollars per hour, subject to a three (3) hour minimum call out time.

       5.      All requests for police services or equipment shall be made by written application, accompanied by the fees as calculated above, to the Chief of Police or their designee at least twenty-four (24) hours in advance of the intended date.

       6.      The written requests shall include the location or locations in which the police services or equipment will be used; the intended purpose of the police services; name and address of the requesting parties.

       7.      The Chief of Police, in his sole discretion, may approve or disapprove any request for police services or equipment, taking into consideration personnel and equipment needs of the borough as having priority.

       8.      The fees listed in paragraphs 1, 2, 3 and 4 above are subject to change by resolution of the Mayor and Council.

(Ord. No. 2209 § 1; Ord. No. 2227 § 1)

 

2-24.10    Roselle Park Auxiliary Police Force.

            a.         Establishment. There is hereby established within the Borough of Roselle Park an auxiliary police force to be known as the Roselle Park Auxiliary Police Force.  This is a volunteer organization whose members shall be unarmed.

            b.         Number; Appointment. The number of members of the Roselle Park Auxiliary Police Force is not to exceed ten (10) members, which members are to be appointed by the Mayor with the advice and consent of the Borough Council.  Said members serve at the pleasure of the Governing Body.  Before assuming the duties of his/her office, each member shall take and subscribe to the oaths set forth in N.J.S.A. 41:1-1 et seq., which oaths shall be filed with the Clerk of the Borough of Roselle Park. 

            c.         Requirements and Qualifications.  In order to qualify for consideration as a member of the Roselle Park Auxiliary Police Force, each applicant shall:

    1.         Be a resident of Union County, with preference to residents of the Borough of Roselle Park and, alternatively, to residents of municipalities in the vicinity of the Borough of Roselle Park that do not maintain a police auxiliary force.;

    2.         Be at least eighteen (18) years of age;

    3.         Have obtained a high school diploma or equivalency diploma (GED);

    4.         Submit to a thorough background investigation;

    5.         Not be a member of the regular Police Force of the Borough of Roselle Park and/or a member of the regular Police Force of any other municipality in Union County.

            d.         Chain of Command.  The chain of command of the Roselle Park Auxiliary Police Force shall be as follows: the Roselle Park Emergency Management Coordinator and/or the Roselle Park Chief of Police shall supervise and be responsible for all such operations.  Under the Emergency Management Coordinator and/or the Roselle Park Chief of Police, there shall be the following positions within the Roselle Park Auxiliary Police Force (listed in descending order), each of which shall report to the next highest position: one (1) Auxiliary Sergeant and up to nine (9) Auxiliary Police Officers.  Training officers may be designated from the membership at the discretion of the Roselle Park Emergency Management Coordinator and/or the Roselle Park Chief of Police.

            e.         Probationary Period; Promotions. All recruits/members will begin at the position of Probationary Auxiliary Police Officer.  Following the completion of Police Auxiliary academy training and completion of a one (1) year probationary period, all recruits/new members will attain the position of Auxiliary Police Officer.  All auxiliary members must serve at least two (2) years of active duty, exclusive of the aforesaid probationary period, before becoming eligible for promotion.  Promotions will be made from existing members in good standing.  Once promoted, said member must serve at least two (2) years in the promotional position before being considered for any other promotion.  Any member who has been suspended will not be eligible for promotion for two (2) years from the date of the suspension.

            f.          Rules and Regulations. The Roselle Park Emergency Management Coordinator and/or the Roselle Park Chief of Police shall be empowered to promulgate rules, regulations, and policies necessary to effectuate the purpose hereof, including, but not limited to, all aspects of recruitment, designation of uniforms and equipment, and operations of the Roselle Park Auxiliary Police Force within the budgetary constraints of their respective office or department.

            g.         Training. Any duly appointed member of the Roselle Park Auxiliary Police Force may be attached to the Roselle Park Police Department for the purpose of training.  As required by the Roselle Park Chief of Police, members shall participate in periods of training over the course of their membership in the Roselle Park Auxiliary Police Force to acquire and maintain skills and current techniques.  During such periods of training, auxiliary members shall:

    1.         Be under the direction of the Roselle Park Chief of Police, and shall be subject to the rules, regulations, and disciplinary requirements of the Roselle Park Police Department; and

    2.         Have the following powers:

        (a)        to sign complaints for any violation of the Roselle Park Municipal Ordinances or any New Jersey State statute regulating the parking of motor vehicles;

        (b)        to perform scheduled quality of life patrols as may be deemed necessary by the Roselle Park Chief of Police on foot or bicycle patrol; and

        (c)        to participate in traffic and/or parking control activities as may be deemed necessary by the Roselle Park Chief of police.

            h.         Duties in the Event of a Declared Emergency. The Roselle Park Auxiliary Police Force, under the direction and supervision of the Roselle Park Emergency Management Coordinator and/or the Roselle Park Chief of Police, shall respond to:

    1.         Any local disaster emergency, as declared by the Emergency Management Coordinator in accordance with N.J.S.A. App.A:9:30 et seq.

    2.         Any emergency, as declared by the Governor of the State of New Jersey in accordance with N.J.S.A. App.A:9:30 et seq.

            i.          Uniform. Equipment and Identification.

    1.         The Borough will provide the uniforms and other equipment to all members of the Roselle Park Auxiliary Police Force.  No firearms of any kind shall be issued or carried by members of the Roselle Park Auxiliary Police Force.

    2.         While on duty, all members shall, at all times:

        (a)        Be uniformed in a manner which is clearly distinctive from that of a regular Police Officer within the Borough of Roselle Park; and

        (b)        Wear a badge or display identification indicating membership in the Roselle Park Auxiliary Police Force, in accordance with N.J.S.A. 40A:14-146.6.

    3.         Each member shall maintain all Borough-owned vehicles, bicycles, or equipment assigned to the member.

            j.          Manual.  The Roselle Park Chief of Police shall prepare a manual setting forth, in detail, the requirements and procedures of the Roselle Park Police Force in compliance with any directives of the State of New Jersey Office of Emergency Management and/or the State of New Jersey Department of Law and Safety.  Said manual must be presented to and approved by the Governing Body before any member of the Roselle Park Police Auxiliary Force may begin active duty.

(Ord. No. 2448-2016)

 

 

2-25  SPECIAL LAW ENFORCEMENT OFFICERS.

 

2-25.1    Creation of Positions.

       There is hereby created the positions of Special Law Enforcement Officer, Class One, and Special Law Enforcement Officer, Class Two, of the Borough of Roselle Park. (1980 Code § 51-9)

 

2-25.2    Duties.

        a.    Class One. Special Law Enforcement Officers, Class One, shall be authorized to perform routine traffic detail, spectator control and similar duties. Special Law Enforcement Officers, Class One, shall also have the power to issue summonses for disorderly persons offenses, violations of municipal ordinances and violations of N.J.S.A. 39:1-1 et seq. (Motor Vehicle Code). The use of a firearm by an Officer of Class One shall be strictly prohibited, and no Special Law Enforcement Officer, Class One, shall be assigned any duties which may require the carrying or using of a firearm.

        b.    Class Two. Officers of this class shall be authorized to exercise all the powers of a Class One Officer and 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 may be authorized only after the Officer has been fully certified as having successfully completing the necessary training as prescribed by the Police Training Commission.

        c.    All Special Law Enforcement Officers shall comply with the rules and regulations applicable to the conduct and decorum of regular Officers, as well as with any rules and regulations that are specifically applicable to Special Officers.

        d.    Firearms.

       1.      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 to carry a firearm, provided that the Officer has satisfactorily completed the basic firearms course required by the Police Training Commission for regular Police Officers and the semi-annual requalification examinations as required for permanent, regularly-appointed full-time Police Officers in the Roselle Park Police Department.

       2.      Any firearm utilized by a Special Law Enforcement Officer shall be returned at the end of the Officer's workday to the Officer in Charge of the stationhouse, unless the firearm is owned by the Special Law Enforcement Officer and was acquired in compliance with the condition of employment established by the Roselle Park Police Department. Any Special Law Enforcement Officer first appointed after the effective date of this chapter shall only use a firearm supplied by the Roselle Park Police Department.

       3.      No Special Law Enforcement Officer shall carry a firearm or other similar weapon when off duty.

        e.    On Duty; Supervision.

       1.      A Special Law Enforcement Officer shall be deemed to be on duty only while he is performing the public safety functions on behalf of the Roselle Park Police Department pursuant to this chapter, the Borough Code or article and when he is receiving compensation, if any, from the Borough of Roselle Park at the rates or stipends as established or shall be established by ordinance. A Special Law Enforcement Officer shall not be deemed to be on duty, for purposes of this chapter, the Borough Code or ordinance while performing private security duties for private employers, which duties are assigned by the Police Chief, or while receiving compensation for those duties from a private employer. A Special Law Enforcement Officer may, however, be assigned by the Police Chief to perform public safety functions for a private entity if the Police Chief or other chief law enforcement officer supervises the performance of the public safety functions. If the Police Chief assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the Borough of Roselle Park 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.

       2.      A Special Law Enforcement Officer shall be under the supervision and direction of the Police Chief wherein the Officer is appointed and shall perform his duties only in the Borough of Roselle Park unless in fresh pursuit of any person pursuant to N.J.S.A. 2A:156-1 et seq.

        f.     Number of Hours of Work; Number of Officers.

       1.      Special Law Enforcement Officers may not work more than twenty (20) hours in any one (1) week, including those duties assigned pursuant to subsection 2-25.2e. herein, except in cases of emergency, as defined in N.J.S.A. 40A:14-146.9, except for one (1) Special Law Enforcement Officer, who may be assigned by the Borough Police Chief to be employed without regard to this limitation.

       2.      The number of Class Two Special Law Enforcement Officers appointed by the Borough of Roselle Park can be no more than one (1) for every four (4) regularly appointed full-time Police Officers.

(1980 Code § 51-10)

 

2-25.3    Qualifications.

        a.    No person may be appointed as a Special Law Enforcement Officer unless he/she:

       1.      Is a resident of the State of New Jersey during his/her 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 of good moral character, is sound in body and in good health.

       4.      Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of the office.

       5.      Has successfully undergone the same psychological testing that is required of all regular Police Officers in the Roselle Park Police Department.

        b.    No public official or regular Police Officer  may be appointed as a Special Law Enforcement Officer.

        c.    No individual may serve as a Special Law Enforcement Officer if that person is currently or at any time concurrent to the within appointment serving as a Special Law Enforcement Officer for any other municipality.

        d.    No person shall be appointed as a Special Law Enforcement Officer until the Chief of Police has conducted a background investigation in order to ascertain the eligibility of the applicant and has reported his/her findings in writing to the Mayor and Council. Fingerprints of all applicants must be taken and filed with the State Police and the Federal Bureau of Investigation.

        e.    All Special Law Enforcement Officers shall successfully complete a training course approved by the Police Training Commission before commencing their duties, except those officers appointed and in service on or before January 13, 1986, as long as they will have completed all training and certification requirements before January 13, 1988.

(1980 Code § 51-11)

 

2-25.4    Terms of Appointment.

       Special Law Enforcement Officers shall be appointed for one (1) year terms ending January 1 of each year. Special Law Enforcement Officers may only be terminated during their term for cause and after a hearing. (1980 Code § 51-12)

 

 

2-26  FIRE DEPARTMENT.

 

2-26.1    Establishment of Fire Department; Companies.

       A Fire Department to be known as the "Fire Department of the Borough of Roselle Park" is hereby created and established and shall consist of three (3) companies containing not more than twenty-two (22) members each, including officers, which companies shall be respectively known as follows:

        a.    Central Company;

        b.    Lorraine Company;

        c.    Faitoute Company.

(1980 Code § 22-1)

 

2-26.2    Appointments; Clothing Allowance.

        All members of the Fire Department including the Chief of the Fire Department and his Deputy Chiefs shall be appointed by the Mayor, subject to a confirmation by the Council, and shall be required to respond to all fire alarms within the Borough and shall, upon performance of sixty-five (65) days of fire duty, receive a sum not exceeding one thousand ($1,000.00) dollars per annum, payable semiannually, as a clothing allowance. This duty shall be certified by the Chief of the Fire Department. (1980 Code § 22-2)

 

2-26.3    Age Requirements.

        a.    Each applicant for membership in the Fire Department shall be not less than eighteen (18) years nor more than thirty-five (35) years of age.

        b.    Any member reaching the age of sixty-five (65) years shall be allowed to be a member of the Fire Department of the Borough of Roselle Park with the following restrictions:

       1.      The duties at a fire scene would be restricted to the following:

        (a)      To drive the apparatus;

        (b)      To operate the apparatus;

        (c)      To aid as a dispatcher;

        (d)     To act as a safety officer;

        (e)      To act as a coordinator.

       2.      The individual would not be allowed to:

        (a)      Fight any fire that would require the use of an air pack;

        (b)      Be involved with any salvage operation;

        (c)      Be involved with any overhaul operation;

        (d)     Handle any heavy equipment;

        (e)      Repack the hose on the fire apparatus.

(1980 Code § 22-3)

 

2-26.4    Number of Members and Officers.

        a.    The whole number of officers and men of the Department is hereby fixed at sixty-six (66) as follows:

       1.      One (1) Chief of the Department.

       2.      Three (3) Assistant or Deputy Chiefs, to be assigned one (1) to each company.

       3.      One (1) Captain for each company.

       4.      One (1) Lieutenant for each company.

       5.      One (1) Engineer for each piece of apparatus. Additional Engineers as recommended by the Chief of the Department may be appointed upon the approval of the Mayor and Council.

        b.    Each company shall reserve four (4) volunteer memberships for day men. A man shall be considered a day man if he is available for fire duty in the Borough for a minimum of five (5) hours between the hours of 7:00 a.m. and  7:00 p.m.

        c.    An honorary position of Battalion Chief shall be given to the immediate past Fire Department Chief. This position would have no compensation except, if subpoenaed to court, would receive the same compensation as Deputy Chief. The term of the office would be for three (3) years. The position would be voluntary and would terminate if the individual accepted the nomination of any line officer position. The duties would be as a staff officer at any Fire Department alarm. It would be a command support position of safety officer, sector commander. The position would serve at the pleasure of the incident commander and fill any necessary incident command staff function reporting directly to the Incident Commander. The individual would not respond directly to fires and will wear a black helmet at all calls. The position would not require attendance at officers' meetings or duties on any committees. The attendance at anything other than fires would be at the discretion of the individual. The individual shall have all required courses as deemed necessary by the State Bureau of Fire Safety.

(1980 Code § 22-4)

 

2-26.5    Selection of Officers.

       The officers and members of the Fire Department shall be selected by the Mayor after consulting with the Fire Committee of the Borough Council and shall be appointed in like manner as Borough Officers. The Chief shall be appointed for three (3) years, and the Assistant (Deputy) Chiefs, Captains, Lieutenants, Engineers and Assistant Engineers shall be appointed for one (1) year, and, upon confirmation by the Council and qualifying as aforesaid, such persons shall be Officers of the Fire Department and serve for the period named or until their successors have been appointed and qualified. (1980 Code § 22-5)

 

2-26.6    Election to Public Office.

       In the event that a member of the Fire Department is elected to the office of Mayor or Councilman in the Borough of Roselle Park, he shall be placed on special leave of absence from the Fire Department while he holds such elected office, and, upon the termination of such elected status, he shall be automatically reinstated to active membership in the Department. (1980 Code § 22-6)

 

2-26.7    Compensation of Members in Legal Proceedings.

        a.    Eligibility. Any member of the Fire Department of the Borough of Roselle Park who shall be requested by the Borough or compelled by subpoena to testify at trial or deposition or grand jury proceeding in connection with any litigation instituted in the courts of the State of New Jersey or the United States District Count for the District of New Jersey concerning matters arising out of and in the course of his duties as a member of the Fire Department shall be eligible to be compensated for wages, salaries or income lost as a result thereof as hereinafter set forth.

        b.    Rate. The rate of compensation shall be as follows:

       1.      Fire Chief: eleven ($11.00) dollars per hour, not to exceed eighty-eight ($88.00) dollars per day.

       2.      Deputy Fire Chiefs: ten ($10.00) dollars per hour, not to exceed eighty ($80.00) dollars per day.

       3.      Captains: nine ($9.00) dollars per hour, not to exceed seventy-two ($72.00) dollars per day.

       4.      Lieutenants and Arson Investigator: eight ($8.00) dollars per hour, not to exceed sixty-four ($64.00) dollars per day.

       5.      Engineers and assistant engineers: eight ($8.00) dollars per hour, not to exceed sixty-four ($64.00) dollars per day.

       6.      All other firemen: eight ($8.00) dollars per hour, not to exceed sixty-four ($64.00) dollars per day.

        c.    Inclusion of Lost Vacation Days and Time Off. All references in this subsection to wages, salaries or income lost shall include lost vacation days and time off and their equivalents in lost wages, salaries or income.

        d.    Claim Made by Voucher. Each claim for compensation pursuant to this subsection shall be made by Borough voucher and be charged against the salary and wage account of the Fire Department budget. Each such voucher must set forth the number of hours for which the claimant has lost wages, salary or income, as defined in paragraphs a. and c. above, due to his testifying. A copy of the subpoena compelling testimony or other documentation evidencing request by the Borough shall be annexed to the voucher.

        e.    Review of Compensation Amounts. The Mayor and Council shall review the amount of compensation provided for in this subsection no later than the first regular meeting of the Mayor and Council held in February of each year in order to determine if such compensation amounts should be modified.

(1980 Code § 22-10-22-14)

 

 

2-27  FIRE PATROL.

 

2-27.1    Purpose.

        a.    The purpose of the Fire Patrol is:

       1.      To train future replacements for the regular uniformed force of the Department.

       2.      To supplement and relieve regular Firefighters for more important duties at the fire scene or place of emergency.

       3.      To serve as a liaison with the youth of our community, passing along information as to the responsibility and purpose of the Department.

        b.    It is not the intent or purpose of the Fire Patrol to reduce the number of active regular Firefighters allowed per company as provided by Borough ordinance.

(1980 Code § 22-15)

 

2-27.2    Organization.

        a.    The Fire Patrol shall consist of ten (10) members between the ages of sixteen (16) and twenty-one (21) years. Membership shall be terminated upon a member's attaining his or her 21st birthday.

        b.    The Fire Patrol's administrative officers shall consist of a President, a Vice President, a Secretary and a Treasurer. The Fire Patrol's firematic officers shall consist of a Captain and a Lieutenant.

        c.    The Fire Patrol shall be guided by two (2) instructors, appointed by the Chief of the Department, who shall be either present or former firematic officers of the Department.

(1980 Code § 22-16)

 

2-27.3    Board of Directors.

        a.    The Board of Directors of the Fire Patrol shall consist of one (1) Director from each of the three (3) companies, appointed by the companies, plus the President of the Fire Patrol. The Board of Directors shall choose its own Chairperson.

        b.    It shall be the duty of the Board of Directors to supervise the Fire Patrol, to receive and evaluate applications, to investigate each applicant, to secure parental or guardianship approval and to secure permission from the applicant's school guidance counselor. At least one (1) Director shall attend all Fire Patrol meetings.

        c.    The Board of Directors shall inform the applicant's parents or guardian, in writing, and the applicant, if attending school, shall be required to maintain attendance at school and fulfill all school requirements and obligations.

        d.    Parents or guardians shall be informed that the applicant shall not be permitted to use alcoholic beverages or any illegal controlled dangerous substance and the applicant shall conduct himself in a manner that will reflect favorably on the Fire Patrol and the Fire Department.

(1980 Code § 22-17)

 

2-27.4    Requirements for Application.

       Applicants are required to:

        a.    Be between the ages of sixteen (16) and twenty-one (21) years, as verified by the presentation of a birth certificate.

        b.    Be a resident of Roselle Park for at least six (6) months.

        c.    Pass a physical examination similar to that required for acceptance by the uniformed force of the Department.

        d.    Secure written parental or guardianship permission to join the Fire Patrol and execution of a release and indemnification statement.

        e.    Secure written permission from the school and provide proof of good standing with the Roselle Park school system.

       1.      The following are the criteria for good standing:

        (a)      Good attendance;

        (b)      Passing grades;

        (c)      No serious discipline problems.

       2.      If at any time after the individual is accepted into the program and fails to maintain good standing, the applicant will be subject to dismissal from the program.

(1980 Code § 22-18)

 

2-27.5    Application; Review; Probationary Period.

        a.    Applications shall be completely filled out and shall require the signature and seal of a notary public. The original application shall be kept on file at the Fire Department office, a copy provided to the Borough Clerk and the Board of Education. Records of the physical examination shall also be maintained in the files of the Fire Department.

        b.    Applications will be filed with the administrative officers of the Fire Patrol. The application will then be forwarded, together with the administrative officer's written recommendation, to the Board of Directors of the Fire Patrol. Following the Board of Directors' investigation, the application shall be forwarded, together with the Board of Directors' written recommendation, to the Fire Department Officers. Following review by the Fire Department Officers, the application will be forwarded, together with the written recommendation of the Fire Department Officers, to the Mayor and Council for final approval.

        c.    If the applicant is accepted into membership, it shall be on a probationary basis for a period of six (6) months. During this time, the member's title shall be that of Probationary Fire Patrol member, and they shall adhere to the rules and regulations of the Fire Patrol.

(1980 Code § 22-19)

 

2-27.6    Equipment.

       Upon acceptance, a Probationary Fire Patrol member shall be issued, from Departmental replacement equipment, the following:

        a.    One (1) helmet with identifying shield;

        b.    One (1) turnout coat which shall have the initials "FP" clearly stenciled and centered on the back for identification purposes;

        c.    One (1) pair of boots;

        d.    One (1) pair of gloves.

(1980 Code § 22-20)

 

2-27.7    Acceptance into Regular Membership.

       Upon satisfactory completion of the six (6) months' probationary period, depending upon the member's performance, attitude and general conduct, the member will be eligible for acceptance as a regular Fire Patrol member. The final determination as to whether or not a member shall be accepted in full membership shall be made by the Board of Directors subject to approval by the Mayor and Council. (1980 Code § 22-21)

 

2-27.8    Personal Appearance.

        a.    Personal appearance shall be the same as for all Fire Department members.

        b.    The Fire Patrol member shall keep his or her hair in a well-groomed manor. The length of the hair shall be no longer than the shirt collar.

        c.    The Fire Patrol shall keep facial hair closely shaved, and long sideburns are not permitted. A mustache shall be allowed, but only if it is well trimmed.

(1980 Code § 22-22)

 

2-27.9    Training.

        a.    It shall be the responsibility of the instructors to maintain and supervise the training of the Fire Patrol members. Fire Patrol members may attend any fire training school, but the training shall not usurp the place of a regular Firefighter.

        b.    Fire Patrol members will attend, if available, all drills after obtaining the permission of the officer or firefighter in charge. Fire Patrol members will attend Department drills for the purpose of being trained to work in large groups.

(1980 Code § 22-23)

 

2-27.10  Reports.

       The instructors will submit to the Board of Directors a monthly written report as to the training progress and discipline of the Fire Patrol, and the Board of Directors shall report these findings to the Chief of the Department. The Chief of the Department shall make these progress reports part of the report at the Fire Department Officers' meetings. (1980 Code § 22-24)

 

2-27.11  Duties of Members.

       Fire Patrol members shall:

        a.    Follow all lawful orders and commands of the officer-in-charge of the Fire Department.

        b.    Be responsible for and maintain the equipment assigned to them.

        c.    Report when available for cleanup nights, drills, fires and emergencies within the time limits set by rules and regulations. Assignments for cleanup nights and drills shall be scheduled by the Board of Directors.

(1980 Code § 22-25)

 

2-27.12  Rules and Regulations.

       Fire Patrol rules and regulations shall be followed by all Fire Patrol members. Department rules and regulations shall be followed in the event of a conflict.

        a.    Upon arrival at a fire or scene of emergency, the ranking firematic officer of the Fire Patrol shall hold his men in abeyance and report to the Incident Commander for instructions. Any member responding on a fire apparatus shall remain until discharged by the engineer responsible for the apparatus. At this time, the member shall report to the Fire Patrol officer in charge.

        b.    Fire Patrol members will not be allowed to be under the influence of any alcoholic beverages or illegal controlled dangerous substances during the time they are on duty, at the fire station or at any Fire Patrol or Fire Department function. A violation of this subsection shall be just cause for dismissal. The Board of Directors shall have the authority to suspend a member pending a final disposition.

        c.    Fire Patrol members will be permitted to respond to any calls, Monday through Friday, between the hours of 4:00 p.m. and 10:00 p.m. or Saturday, Sunday or school holiday between the hours of 7:00 a.m. and 10:00 p.m.

        d.    Fire Patrol members shall not be allowed to ride a truck or engine without the authorization of a Chief Officer and the Officer or Firefighter in charge of that vehicle.

        e.    Fire Patrol members shall not enter a building until the ranking Department Officer-in-charge declares the area safe for Fire Patrol members.

        f.     Fire Patrol members shall not use a breathing unit in any fire or emergency but will be trained and schooled in their use.

        g.    Fire Patrol members will report any type of injury, no matter how minor, to the officer in charge. This shall become part of the Fire Patrol's report at the Fire Department Officers' meeting and record made of the same.

        h.    Fire Patrol members may be used as runners or to engage in liaison work, provided that they do not have to enter an unsafe area.

        i.     Fire Patrol members may not operate any apparatus but will be supervised and trained on pumper and ladder truck operations.

        j.     Fire Patrol members shall not be present in any Fire Company building without two (2) regular adult Firefighters present.

(1980 Code § 22-26)

 

2-27.13  Disciplinary Action and Dismissal.

       It shall be the responsibility of the officers of the Fire Patrol to maintain proper discipline within the Fire Patrol. Violations of any rules and regulations and/or conduct unbecoming a Fire Patrol member shall be subject to disciplinary action. The Board of Directors shall inform the member of charges presented and conduct a hearing. It will be the responsibility of the Board of Directors to make recommendations pertaining to whether the member should continue as part of the Fire Patrol, with or without condition, or be dismissed. The decision of the Board of Directors shall be final, subject to the approval of the Mayor and Council. (1980 Code § 22-27)

 

 

2-28  RESERVED.

 

 

2-29  DEPARTMENT OF PUBLIC WORKS.

 

2-29.1    Department Created.

       There shall be created a Department of Public Works. The head of the Department shall be known as the "Superintendent of Public Works." (1980 Code § 21-1)

 

2-29.2    Duties of Department Head.

       The head of the Department of Public Works shall:

        a.    Administer, exercise and discharge the functions, powers and duties of the Department.

        b.    Prescribe the internal organization of the Department and the duties of his subordinates and assistants.

        c.    Report to the Mayor and Council at its regularly scheduled public meetings and executive sessions on the work of the Department.

        d.    Perform such other duties as may be delegated to the Superintendent by the Mayor and Council.

        e.    The Superintendent shall devote his full time to the active service of the Borough in the performance of his duties and shall occupy no other office and have no other employment.

(1980 Code §§ 21-2; 43-24)

 

2-29.3    Duties of the Department.

        a.    In General. The Department of Public Works shall provide for the proper and efficient conduct of all public work functions of the Borough and shall provide assistance and services as may be required and needed to all Borough Departments. The Department shall be charged with the responsibility for the operation of, but not limited thereby, the following services:

       1.      The maintenance and operation of the shade tree program of the Borough.

       2.      All matters relating to the maintenance of public streets and sidewalks and curbs.

       3.      Supervision and control of all automotive equipment of the Borough.

       4.      Removal of all snow on municipal property and public streets.

       5.      Cleaning of all public streets.

       6.      Supervision of street openings and issuance of permits therefor.

       7.      Maintenance and repair of all Borough streets, bridges, culverts and drains.

       8.      Construction and reconstruction, as directed, of streets, roads, culverts and drains.

       9.      Treatment of road surfaces and resurfacing of streets and roads in accordance with the direction received from the Borough Engineer.

       10.    Removal of leaves from the streets of the Borough.

       11.    Maintenance, repair and cleaning of sanitary and storm sewer systems within the limits of the Borough.

       12.    Supervision of garbage collection.

       13.    Such other duties as may be delegated to the Department by the Mayor and Council.

        b.    Care of Shade Trees.

       1.      The Department of Public Works shall:

        (a)      Regulate, plant and maintain shade and environmental trees and shrubbery.

        (b)      Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.

        (c)      Move or require the removal of any tree or part thereof dangerous to public safety.

        (d)     Care for and control parks and parkways.

        (e)      Administer treatment to or remove any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Borough and enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.

(1980 Code §§ 21-3; 21-6; 43-24; New)

 

2-29.4    Compensation.

       The Superintendent of Public Works shall receive compensation as shall be established in the Salary Ordinance. (1980 Code § 21-4)

 

2-29.5      Reserved.

       Former subsection 2-29.5, Retirement Benefits for Superintendent, previously codified herein and containing portions of 1980 Code § 43-25.1 was repealed in its entirety by Ordinance No. 2327.

 

 

2-30  DEPARTMENT OF CODE ENFORCEMENT.

 

2-30.1      Department Created.

            There is hereby created the Department of Code Enforcement. The head of the Department shall be known as the "Director of Code Enforcement" who shall also serve as, and be responsible to administer the duties of, the Construction Official, Building Subcode Official, and Building Inspector pursuant to subsection 13-1.18 of the Code of the Borough of Roselle Park. (1980 Code § 19-1; Ord. No. 2496-17 § 1)

 

2-30.2      Appointment of Director; Positions Established Within the Department.

a.                   The Director of the Department of Code Enforcement shall be appointed by the Mayor with confirmation of the Council. Such appointment shall be made concurrent with the appointment of the Construction Official, Building Subcode Official, and Building Inspector.

b.                  Positions Within the Department.

1.               Director of Code Enforcement;

2.               Zoning Officer;

3.               Deputy Code Enforcement Officer;

4.               Construction Official;

5.               Housing Inspector;

6.               Administrative Officer for zoning matters in accordance with N.J.S.A. 40:55D-3;

7.               Building Subcode Official / Inspector;

8.               Control Person;

9.               Electrical Subcode Official / Inspector;

10.           Fire Subcode Official / Inspector;

11.           Plumbing Subcode Official / Inspector;

12.           Anti-Litter/Code Enforcement Officer;

13.           Apartment House Inspector;

14.           Building Inspector/Construction Official Trainee;

15.           Hotel and Multiple Dwelling Inspector;

16.           Multi-dwelling Administrator;

17.           Residential Tenancy Inspector;

18.           Clean Community Coordinator.

(1980 Code § 19-2; Ord. No. 2496-2017 § 2)

 

2-30.3      Duties of Department Head.

       The Department Head shall:

a.                   Exercise and discharge the functions, powers and duties of the Department.

b.                  Prescribe the internal organization of the Department and the duties of his/her subordinates and assistants, which shall include, but may not be limited to, the Apartment House Inspector, Clean Community Coordinator and Multi-Dwelling Administrator, Zoning Officer, Deputy Code Enforcement Officer, Administrative Officer for zoning matters in accordance with N.J.S.A. 40:55D-3.7, Control Person, Electrical Subcode Official, Fire Subcode Official, Plumbing Subcode Official, Anti-Litter/Code Enforcement Officer, Building Inspector/Construction Official Trainee, Hotel and Multiple Dwelling Inspector, Residential Tenancy Inspector.

c.                   Administer the work of the Department.

d.                  Delegate such of his/her powers as he/she may deem necessary for the efficient administration of the Department to be exercised under his/her direction.

e.                   Report to the Mayor and Council of the activities, progress, problems and achievements of the Department on a monthly basis.

f.                   Perform such other duties as may be delegated to the Director of the Mayor and Council.

g.                  Comply with all County, State and Federal requirements.

(1980 Code § 19-3; Ord. No. 2496-2017 § 3)

 

2-30.4      Compensation.

            The Director of Code Enforcement and others of the Department shall receive such compensation as shall be established in the Salary Ordinance. (1980 Code § 19-4; Ord. No. 2496-2017 § 4)

 

2-30.5      Duties of Construction Official.

       The Construction Official shall have, exercise and discharge functions,  powers and duties of the Construction Official as provided by ordinance and the Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.) and in accordance with the regulations for the New Jersey Uniform Construction Code (N.J.A.C. 5:23-1 and 5:23A-1 et seq.).

            The Construction Official shall perform and/or delegate all of the required inspections to applicable subcode officials or inspectors. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Construction Official is authorized to engage such expert opinion as deemed necessary to report upon technical issues that arise for plot plan review such as but not limited to drainage, landscape, utility work and grading. Initial escrow should be posted in the amount of seven hundred fifty ($750.00) dollars to cover the expert charges. (1980 Code § 19-5; Ord. No. 2352; Ord. No. 2496-2017 § 5)

 

2-30.6      Duties of Housing Inspector.

            The Housing Inspector shall be responsible for enforcement of the Property Maintenance Code of the Borough. (1980 Code § 19-6; Ord. No. 2496-2017 § 6)

 

2-30.7      Duties of Zoning Officer.

a.                   The Zoning Officer shall review all applications for construction within the Borough to determine if a project conforms with Chapter XXXV, Land Use Regulations.

b.                  The Zoning Officer shall sign off on all construction applications certifying that the construction conforms with all the requirements of Chapter XXXV, Land Use Regulations, or shall indicate what sections of the Regulations are intended to be violated and shall inform the applicant of his options.

c.                   The Zoning Officer shall review all applications before the Planning Board or Board of Adjustment and shall submit a written report to the applicant and appropriate Board with respect to the compliance or lack of compliance with the Zoning Regulations.

(1980 Code § 19-7; Ord. No. 2496-2017 § 7)

 

2-30.8      Deputy Code Enforcement Officer.

       There is hereby created the position of Deputy Code Enforcement Officer who shall have the responsibility and the authority to enforce the following portion of the Borough Ordinances:

Chapter III –

Section 3-3

Section 3-6

Section 3-7

Section 3-8

Section 3-9

Section 3-14

Chapter IV –

Section 4-3

Section 4-7

Chapter VIII

Section 8-8

Chapter XIII – 

Section 13-1

Chapter XVII –

Section 17-1

Chapter XIX –

Section 19-1

Section 19-2

Section 19-4

Section 19-5

Chapter XX –

All Sections

Chapter XXIII –

Section 23-1.29

Section 23-2

Section 23-4

Section 23-5

Chapter XXVIII –

Section 28-1

Section 28-2

Section 28-3

Section 28-4

Section 28-5

Chapter XL –

All Sections

 

       Specifically included in the responsibility and authority of the Deputy Code Enforcement Officer is to issue summonses or notices of violation for the following:

a.                   Failure to obtain the requisite permits before initiating construction and/or alterations;

b.                  Failure to receive a Certificate of Occupancy before occupying the property;

c.                   Changing the use or converting the occupancy of any structure, in violation of the Land Use Ordinance as cited above;

d.                  Overcrowding of dwelling units;

e.                   Failure to adhere to the Borough’s sanitation and litter ordinances; and

f.                   Inspecting structures and issuing certificates for smoke detectors and carbon monoxide.

(1980 Code § 19-8; Ord. No. 2264 § 1; Ord. No. 2496-2017 § 8)

 

2-30.9      Subcode Officials.

            Subcode Officials, while subordinate to the Department Head for purposes of organization and efficient operation, shall be appointed and shall carry out all official duties in full compliance with the prevailing provisions of the Uniform Construction Code. (Ord. No. 2496-2017 § 9)

 

 

2-31  RESERVED.

 

 

Article IV  Boards, Committees and Commissions

 

2-32  GENERAL REGULATIONS FOR BOARDS, COMMITTEES AND COMMISSIONS.

 

2-32.1    Removal of Members.

        a.    Absence from Meetings. When any member of a Statutory Municipal Board or of a Committee created by a resolution of the Mayor and Council of the Borough shall be absent from five (5) consecutive regular meetings of such Board or Committee without good cause shown, such member shall be subject to removal from such office. Upon a determination by the respective Board and/or Committee that any such member has been so absent, a report detailing such situation and containing the recommendations of the Committee as to the disposition of the matter shall be filed with the Mayor and Council. Upon review of this report, the Governing Body may, in its discretion, after public hearing if requested, remove such member from office by majority vote of the Council.

        b.    Applicability. This subsection shall apply to all Statutory Boards where removal of members is not provided for within the enabling legislation.

(1980 Code §§ 7-1; 7-2)

 

 

2-33  BOARD OF HEALTH.*

 

2-33.1    Board of Health Established.

       There is established in the Borough of Roselle Park a Board of Health in accordance with the provisions of an Act of the Legislature of the State of New Jersey entitled "An Act of Establish in This State Boards of Health and a Bureau of Vital Statistics, and to Define Their Respective Powers and Duties," approved  March 31, 1887, and the several acts amendatory thereof and supplemental thereto. (1980 § Code 34-1)

 

2-33.2    Membership; Terms of Office.

       The Board of Health shall consist of five (5) members to be nominated by the Mayor and confirmed by the Council. All members of the Board of Health shall be appointed for three (3) year terms and until their successors are appointed and qualified in accordance with the manner that appointments were originally made so that at least one (1) and no more than two (2) members' terms shall expire in any one (1) year, except in cases of vacancies. Vacancies shall be filled for the unexpired term only. (1980 Code § 34-2)

 

2-33.3    Organization.

       The Board of Health shall adopt rules and regulations for its government and shall elect a  President and a Secretary from among its own members and may also elect a Vice President and a Treasurer. (1980 Code § 34-3)

 

2-33.4    Employees.

        a.    The Board of Health shall appoint a Clerk and Sanitary Inspectors and such officers and assistants as it may deem necessary. All appointees of the Board shall be governed by the rules of the Board and may be removed for cause by the Board.

        b.    Public Health Nurse/Health Administrator.

       1.      There is hereby established the position of Public Health Nurse/Health Administrator who shall be appointed for a term of three (3) years. Vacancies in the position occurring for reasons other than the expiration of the three (3) year term shall be filled for the unexpired portion of the term only.

       2.      The Public Health Nurse/Health Administrator shall be responsible for all health planning, screening, administration of health programs required by the State, County or local code and any other duties as may be assigned to her by the Board of Health.

(1980 Code § 34-4)

 

 

2-34  ENVIRONMENTAL COMMISSION.

 

2-34.1    Creation.

       The Borough of Roselle Park's Environmental Commission is hereby established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A. 40:56A-1 to 40:6A-12), as amended by Chapter 35, P.L. 1972, Chapter 334, P.L. 1975, and Chapter 168, P.L. 1989. (1980 Code § 20-1)

 

2-34.2    Members; Terms; Vacancies.

        a.    Regular Members.

       1.      The Commission shall consist of nine (9) members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Borough of Roselle Park. Members shall serve without compensation except as hereinafter provided. The Mayor shall designate one (1) of the members to serve as Chairman and presiding officer of the Commission. Members shall be appointed for terms of three (3) years and until the appointment and qualification of their successors.

       2.      The Mayor or Governing Body may remove any member of the Commission for cause, on written charges served upon the member and after the hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

        b.    Alternate Members.

       1.      The Governing Body may appoint not more than two (2) alternate members, to be designated "Alternate No. 1" and "Alternate No. 2."

       2.      The terms of the alternate members shall be for two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.

       3.      An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he or she requests one, be removed by the Governing Body for cause.

       4.      An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.

(1980 Code § 20-2)

 

2-34.3    Powers and Duties.

       The Commission is established for the protection, development or use of natural resources, including water resources, located within territorial limits of the Borough of Roselle Park. The Commission shall have power to conduct research into the use and possible use of the open land areas of the Borough and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas publicly or privately owned, including open marshland, swamps and other wetlands, in order to obtain information on the proper use of such areas and may from time to time recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas. (1980 Code § 20-3)

 

2-34.4    Acquisitions.

       The Environmental Commission may, subject to the approval of the Governing Body, acquire property, both real and personal, in the name of the Borough by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions) as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the Borough. (1980 Code § 20-4)

 

2-34.5    Records and Annual Reports.

       The Environmental Commission shall keep records of its meetings and activities and make an annual report to the Governing Body. (1980 Code § 20-5)

 

2-34.6    Appropriations; Appointments.

       The Commission may appoint such clerks and other employees and incur such expenses as it may require, provided that the same shall be within the limits of funds appropriated to it by the Governing Body or otherwise available to it. (1980 Code § 20-6)

 

2-34.7    Studies and Recommendations.

       The Environmental Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna. (1980 Code § 20-7)

 

 

2-35  MORSES CREEK FLOOD CONTROL COMMISSION.

 

2-35.1    Creation and Operation.

       The Borough of Roselle Park, County of Union, State of New Jersey, agrees to participate in the creation and operation of the Morses Creek Flood Control Commission pursuant to N.J.S.A. 40:14-16 et seq., as follows:

        a.    The municipalities and County invited to participate in the Commission are:

       1.      Borough of Roselle Park;

       2.      Borough of Roselle;

       3.      City of Linden;

       4.      Borough of Kenilworth;

       5.      Township of Cranford;

       6.      County of Union.

        b.    The Morses Creek Flood Control Commission shall be established in accordance with N.J.S.A. 40:14-16 et seq.

        c.    The Morses Creek Flood Control Commission shall:

       1.      Collect, study and analyze data on flooding, past floods and the causes of floods in the area;

       2.      Make such data and studies available to the participating members, to the Division of Water Policy and Supply, the Army Corps of Engineers, local and County Planning Boards, and officials concerned with subdivisions and development of properties within the floodway and drainage area;

       3.      Keep itself informed as to the availability of State and Federal funds and grants and the procedures for applying therefor and make such information available to participating members;

       4.      Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;

       5.      Encourage the acquisition of lands within the floodway and low-lying areas by appropriate County Park Commissions, Counties or participating municipalities;

       6.      Publicize methods of flood control and flood prevention;

       7.      Encourage its participating members and others to adopt appropriate ordinances and regulations relating to flood control;

       8.      Encourage its participating members to support other programs designed or intended to alleviate flooding;

       9.      Perform such other acts and fulfill such other functions as may be permitted by law and as determined by members, subject to the limitations in this agreement and subject to limitations as set forth in N.J.S.A. 40:14-16 et seq.

        d.    Any number of members of the Commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds other than clerical and mailing connected with the usual business of the Commission shall be adopted only at a meeting at which there are at least one (1) County representative and at least one (1) municipal representative.

        e.    Each member municipality and County reserves the right, pursuant to Section 2 of P.L. 1971, c. 316,* to withdraw from the Commission; provided, however, that at least ninety (90) days' notice of such intention is given to the Commission, and provided further that such withdrawal, after the adoption of the Commission budget for a given year, shall not abrogate the responsibility of the municipality or County to meet its responsibility and obligation under the budget for such year.

        f.     Appropriations and Apportionments.

       1.      The general administrative and other expenses of the Commission affecting the Commission as a whole shall be apportioned among the members as follows:

        (a)      One-fourth (1/4) thereof shall be borne by Union County.

        (b)      Three-fourths (3/4) thereof shall be apportioned among the participating municipalities according to a formula taking into account the total area within the drainage basin, resulting in the following:

                  Roselle Park - 11.29%

                  Roselle - 29.03%

                  Linden - 53.76%

                  Kenilworth - 2.69%

                  Cranford - 3.23%

        (c)      In the event other municipalities with areas in the Morses Creek Drainage Basin decide to join the Commission, the formula used to obtain the foregoing percentages shall be reapplied to determine the apportionment among the remaining and participating municipalities.

       2.      Whenever a specific project is to be undertaken involving less than the interests of all of the participating members or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.

       3.      The apportionments set forth herein may be changed by agreement among the participating municipalities and County; provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in paragraph f.,2 above without the consent of the Governing Body of such participating member.

       4.      The tentative annual budget for the Commission shall be adopted by the Commission no later than January 15 of each year, and such adoption shall be by a vote of at least one (1) County representative (regardless of the total number of Counties represented thereby) and at least one (1) municipal representative (regardless of the total number of municipalities represented thereby). A copy of such tentative budget shall be sent to the Governing Body of each of the participating Counties and municipalities within one (1) week of the adoption thereof. Such notice shall include notification of the date fixed by the Commission for final adoption of such budget, which shall be at least three (3) weeks after the date of tentative adoption by the Commission.

(1980 Code § 29-1)

 

2-35.2    Borough Members and Alternates.

        a.    The Mayor shall appoint, with approval of Council, two (2) representatives to the Commission. Either or both of the representatives may be a member of the Borough Council or other elective or appointive office in the Borough.

        b.    Each representative shall serve a term of five (5) years or until his successor has been appointed and qualified, except that any appointed representative who holds other elective or appointive public office shall serve as such representative for the term of his elected or appointed office and only so long as he shall hold such elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies shall be filled for the balance of the term only.

        c.    Alternate Representatives.

       1.      In addition to such representatives, the Mayor shall appoint, with Council approval, two (2) alternate representatives to the Commission who shall serve for the terms of one (1) year each or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The alternates shall be designated as "first alternate" and "second alternate" and in such order may represent the Borough Council and vote in the event of the absence or disability of one (1) or both of the representatives.

       2.      No alternate representative shall automatically succeed to a representative position upon a vacancy occurring in a regular position.

(1980 Code § 29-2)

 

 

2-36       RESERVED.

 

       Former Section 2-36, Public Assistance and Human Resources, previously codified herein and containing portions of 1980 Code §§ 5-1–5-4, was repealed in its entirety by Ordinance No. 2321.

 

 

2-37  COMMUNITY CENTER COMMITTEE.

 

2-37.1    Purpose of Committee; Duties.

       The Community Center Committee shall be comprised of nine (9) members whose mission shall be to make recommendations to improve senior citizen services and activities in the Borough. The Committee will review all current activities for our senior citizens and suggest additions, deletions and modifications to the Governing Body. One of the major foci of the Committee shall be the collaboration of groups and their programs to improve cooperation and maximize the delivery of services. The Committee may suggest methods to improve dissemination of information to the residents to increase participation in senior citizen services in the Borough. The Committee shall review programs such as, but not limited to, those sponsored by the municipality, Board of Education, volunteer and religious organizations in the Borough as well as those sponsored by the private sector. In addition, the Committee shall review other programs sponsored by County, State and Federal governments. (1980 Code § 61-1; New)

 

2-37.2      Composition; Chair.

       The nine (9) member Committee shall include one (1) member representing the school system, one (1) member from the Roselle Park Community Center Association, one (1) member from the Library. The balance of members will be selected from the community at large. In addition, the Council Chair of the Community Center Committee will serve as liaison to the Governing Body. (1980 Code § 61-2; New; Ord. No. 2320 § 1)

 

2-37.3    Deputy Committee Members.

       Should the Committee find itself necessary to increase membership, there shall be an unlimited number of Deputy Committee members that shall have no voting privileges but be allowed to partake in discussions of improving senior citizen services. (1980 Code § 61-3; New)

 

2-37.4      Appointment; Term; Removal of Members.

        a.    All positions mentioned above shall be the appointment of the Mayor under the State regulation form of commission.

        b.    The three (3) designated appointments, library, school and Community Center positions shall be for a term of one (1) year and expire on January 1 of the following year. The term for the remaining six (6) members shall be three (3) years staggered two (2) members per year.

        c.    At any time, the Mayor may remove any member of the Committee.

(1980 Code § 61-4; New; Ord. No. 2320 § 1)

 

 

2-38  TECHNOLOGY COMMISSION.

 

2-38.1    Purpose of Commission; Duties.

       The Technology Commission shall be comprised of nine (9) members whose mission shall be to make recommendations to improve computer technology and services in the Borough. The Commission will review all current activities in relation to technology and recommend additions, deletions and modifications to the Governing Body. One of the major foci of the Commission shall be the collaboration of groups and their programs to improve cooperation and maximize the delivery of services. Furthermore, the Commission may suggest methods to improve dissemination of information to the residents of the Borough as to increase awareness and participation of services in the Borough. The Commission shall review programs such as, but not limited to, those sponsored by the municipality, Board of Education and volunteer organizations in the Borough as well as those sponsored by the private sector. In addition, the Commission shall review other programs sponsored by County, State and Federal governments. (1980 Code § 65-1)

 

2-38.2    Composition.

       The nine (9) member Commission shall include at least one (1) member representing the school system, one (1) from the Governing Body, one (1) from the Library staff, one (1) student from the high school computer club and one (1) from the business community. The balance of members will be selected from the community at large. (1980 Code § 65-2)

 

2-38.3    Deputy Commission Members.

       Should the Commission find itself necessary to increase membership, there shall be an unlimited number of Deputy Commission members that shall have no voting privileges but be allowed to partake in discussions of improving computer technology in the Borough. (1980 Code § 65-3)

 

2-38.4    Appointment; Term; Removal of Members.

        a.    All positions mentioned above shall be the appointment of the Mayor under the State regulation form of commission.

        b.    Each position shall be for a term of one (1) year and expire on January 1 of the following year.

        c.    At any time, the Mayor may remove any member of the Commission.

(1980 Code § 65-4)

 

 

2-39  RECREATION COMMITTEE.*

 

2-39.1    Purpose.

       The purpose of the Roselle Park Recreation Committee shall be to manage and supervise recreational programs, including but not limited to youth athletics (i.e. soccer, wrestling, and women’s softball). (Ord. No. 2231 § I)

 

2-39.2    Composition of the Recreation Committee.

        a.    The Recreation Committee will consist of seven (7) members appointed by the Mayor, effective January 1, 2008 for the following terms:

       1.      One (1) member shall be appointed for a term of one (1) year, terminating on December 31, 2008;

       2.      One (2) member shall be appointed for two (2) years, terminating on December 31, 2009;

       3.      One (1) member shall be appointed for a term of three (3) years, terminating on December 31, 2010;

       4.      Two (2) members shall be appointed for a term of four (4) years, terminating on December 31, 2011;

       5.      Two (2) members to be appointed for a term of five (5) years terminating on December 31, 2012.

        b.    At the completion of each term, the Mayor shall appoint or reappoint members for a term of five (5) years, terminating on December 31 of each subsequent year.

        c.    Any vacancy on the Recreation Committee which occurs during the unexpired term shall be filled by the appointment of an alternate as described in paragraph d. below with Alternate Number 1 being appointed to the first vacancy and Alternate Number 2 being appointed to the next vacancy.  These appointments will be for the unexpired term only.

        d.    The Mayor shall also appoint two (2) alternate members, effective January 1, 2008 for the following terms:

       1.      Alternate Number 2 for a term of four (4) years terminating on December 31, 2012;

       2.      Alternate Number 1 for a term of five (5) years terminating on December 31, 2013.

        e.    At the completion of each term of the alternate members, the Mayor shall appoint or reappoint members for a term of five (5) years, terminating on December 31 of each subsequent year.

        f.     An alternate member may participate in discussions of proceedings but may not vote except in the absence or disqualification of a regular member of the Recreation Committee.  A vote shall not be delayed in order that a regular member may vote in stead of the alternate member.  In the event that a choice must be made as to which alternate is to vote, Alternate Number 1 shall vote.

(Ord. No. 2231 § I)

 

2-39.3    Absence.

       Any member of the Recreation Committee who is absent at five (5) consecutive meetings of the Recreation Committee (regular or special meetings) without good cause shown, shall be subject to removal from the Recreation Committee by the Mayor and Council. (Ord. No. 2231 § I)

 

2-39.4    Counsel Liaison.

       The Borough Council shall appoint one of its members to be a liaison to the Roselle Park Recreation Committee for a term of one year beginning on January 1, and terminating on December 31 of each year. (Ord. No. 2231 § I)

 

2-39.5    Miscellaneous (Budget).

        a.    The Recreation Committee shall periodically make recommendations of recreational plans to the Mayor and Council and take such other action as may be necessary and appropriate to carry out the terms of the recreational program as may be approved by the Governing Body, including the recruitment of volunteers to coordinate specific recreational programs.

        b.    The Mayor and Council shall provide a budget to the Recreation Committee taking into consideration the fees charged to the participant of the activities, plans and programs of the Recreation Committee.

(Ord. No. 2231 § I)

 

 

2-40       ROSELLE PARK ARTS COMMITTEE.

 

2-40.1      Roselle Park Arts Committee Created.

a.                   There is hereby established within the Borough of Roselle Park the Roselle Park Arts Committee.

b.                  The purpose of the Roselle Park Arts Committee shall be to encourage the arts in the Borough of Roselle Park.  The Committee may make recommendations to the Mayor and Council about art plans and may suggest to the Mayor and Council methods to improve dissemination of information to residents to increase participation in art events in the Borough.

c.                   The Roselle Park Arts Committee shall consist of nine (9) members.  All appointments to the Roselle Park Arts Committee shall be made by the Mayor.  Each appointment shall be for a term of one (1) year, which expires on December 31 of that year.  The Mayor shall have the authority to remove any member of the Roselle Park Arts Committee, at any time.

d.                  The Roselle Park Borough Council shall appoint one of its members to be a liaison to the Roselle Park Arts Committee for a term of one (1) year, which expires on December 31 of that year.

(Ord. No. 2453-2016; Ord. No. 2502-2017)

 

 

 

2-41       ROSELLE PARK DIVERSITY COMMITTEE.

 

2-41.1      Roselle Park Diversity Committee Created.

            a.         There is hereby established within the Borough of Roselle Park the Roselle Park Diversity Committee.

            b.         The purpose of the Roselle Park Diversity Committee shall be to recognize and expand awareness about the various religions, philosophies, beliefs, cultures, ethnic backgrounds, and sexual orientations of the residents of the Borough of Roselle Park.  The Diversity Committee may make recommendations to the Mayor and Council about including the beliefs of all residents in Borough celebrations and work with the Borough institutions to promote events to increase understanding of the diverse groups that make up the Borough of Roselle Park.

            c.         The Roselle Park Diversity Committee shall consist of nine (9) members.  All appointments to the Roselle Park Diversity Committee shall be made by the Mayor.  Each appointment shall be for a term of one (1) year, which expires on December 31 of that year.  The Mayor shall have the authority to remove any member of the Roselle Park Diversity Committee, at any time.

            d.         The Roselle Park Borough Council shall appoint one of its members to be a liaison to the Roselle Park Diversity Committee for a term of one (1) year, which expires on December 31 of that year.

(Ord. No. 2454-2016)

 

 

 2-42—2-49     RESERVED.

 

 

Article V  Municipal Court

 

2-50  MUNICIPAL COURT OF THE BOROUGH OF ROSELLE PARK.

 

2-50.1    Court Established.

       In accordance with the provisions of N.J.S.A. 2B:12-1 et seq., there shall be established in the Borough of Roselle Park, Union County, New Jersey, a Municipal Court which shall be known as the "Municipal Court of the Borough of Roselle Park." (1980 Code § 15-1; New)

 

2-50.2    Powers.

       The Municipal Court shall be invested with all of the powers conferred by the statutes of the State of New Jersey and the ordinances of the Borough of Roselle Park. (1980 Code § 15-2)

 

2-50.3    Appointment of Judge.

       There shall be appointed a Judge who shall be the Judge of the Municipal Court of the Borough of Roselle Park. (1980 Code § 15-3)

 

2-50.4    Term of Office of Judge.

       The Judge shall serve for a term of three (3) years from the date of appointment and until a successor is appointed and qualifies. A vacancy in the position of Judge of the Municipal Court occurring for reasons other than the expiration of the three (3) year term shall be filled for the unexpired portion of the term only. (1980 Code § 15-4)

 

2-50.5    Compensation.

       The compensation of the Judge of the Municipal Court of the Borough of Roselle Park shall be as provided in the Salary Ordinance of the Borough of Roselle Park, shall be payable in biweekly installments and shall be in lieu of all fees. (1980 Code § 15-5)

 

 

2-51  MUNICIPAL COURT PROSECUTOR.

 

2-51.1    Office Established; Appointment; Term.

       Pursuant to N.J.S.A. 2B:25-1 et seq., there is hereby established the office of Municipal Court Prosecutor. The Municipal Court Prosecutor shall be appointed by the Borough Council for a term of one (1) year. Vacancies in the office occurring for reasons other than the expiration of the one (1) year term shall be filled for the unexpired portion of the term only. The Municipal Court Prosecutor shall not be required to be a resident of the Borough of Roselle Park. (1980 Code § 15-6)

 

2-51.2    Qualifications.

       The Municipal Court Prosecutor shall be a duly licensed attorney-at-law of the State of New Jersey. (New)

 

2-51.3    Duties.

       The Municipal Court Prosecutor shall appear in the Municipal Court of the Borough of Roselle Park on behalf of the State of New Jersey or the Borough of Roselle Park in any criminal or quasi-criminal matter upon the request of the Judge. He shall also appear before the Council upon its request to prosecute the violation of any of the provisions of the Alcoholic Beverage Law of the State of New Jersey which may be within its jurisdiction. (1980 Code § 15-7)

 

2-51.4    Compensation.

       The salary and compensation of the Municipal Court Prosecutor shall be as provided in the Salary Ordinance of the Borough of Roselle Park and shall be in lieu, place and stead of all other salaries and fees. (1980 Code § 15-8)

 

 

2-52  PUBLIC DEFENDER.

 

2-52.1    Office Established; Purpose.

       There is hereby established the office of Public Defender within the Borough. (New)

 

2-52.2    Qualifications.

       The Public Defender shall be an attorney-at-law of the State of New Jersey in good standing. (New)

 

2-52.3    Appointment.

       The Mayor shall nominate, with the advice and consent of the Council, and appoint a Public Defender, including the filling of a vacancy in the office which shall be for the unexpired term only. (New)

 

2-52.4    Term of Office.

       The term of office of the Public Defender shall be for one (1) year, commencing on January 1, and terminating on December 31 of the same year, and the individual shall serve until a successor shall have been appointed and qualified. (New)

 

2-52.5    Duties.

       The duties of the Public Defender shall be to defend all cases brought against indigent defendants in the Municipal Court of the Borough alleging violation of the criminal laws of the State of New Jersey and the motor vehicle Statutes of the State of New Jersey whenever such defendants are entitled to representation by law or whatever such representation is deemed necessary or desirable in the interest of justice and in the discretion of the Judge of the Municipal Court. (New)

 

2-52.6    Definitions.

       As used in this section:

       The definition of "indigent" shall be the same as utilized by the Office of the Public Defender of the State of New Jersey for those cases handled by the Monmouth County office thereof. (New)

 

2-52.7    Compensation.

       The salary of the Public Defender shall be as established in the Salary Ordinance. (New)

 

 

2-53  MUNICIPAL COURT ADMINISTRATOR.

 

2-53.1    Appointment; Deputy.

       There shall be appointed a Municipal Court Administrator of the Borough of Roselle Park; and within the discretion of the Mayor and Council, as they may deem necessary, they may also appoint a Deputy Municipal Court Administrator. (1980 Code § 15-9)

 

2-53.2    Term of Office; Vacancies.

       The Court Administrator shall serve for a term of one (1) year from the date of appointment and until a successor is appointed and qualified. A vacancy in the office of Municipal Court Administrator and Deputy Municipal Court Administrator occurring for reasons other than the expiration of the one (1) year term shall be filled for the unexpired portion of the term only. (1980 Code § 15-10)

 

2-53.3    Compensation.

       The compensation of the Municipal Court Administrator of Roselle Park and the Deputy Municipal Court Administrator shall be as provided in a Salary Ordinance of the Borough of Roselle Park and shall be payable in biweekly installments and shall be in lieu of all fees. (1980 Code § 15-11)

 

 

2-54  MUNICIPAL COURT PENALTIES, FINES AND COURT COSTS FOR TRAFFIC-RELATED VIOLATIONS.

 

2-54.1    Authority to Change Local Violations Bureau Traffic Schedule and to Effect Fines or Court Costs.

       Whereas, the Legislature of the State of New Jersey, with approval of the Governor, enacts laws that establish surcharges or costs or that cause an increase to existing fines, surcharges or costs, which are then added or appended to all State-wide traffic and traffic-related violations, including municipal local traffic violations, the following is adopted:

        a.    The Municipal Court of the Borough of Roselle Park shall be authorized and empowered to make such changes to the Local Violations Bureau Traffic Schedule, to effect fines and/or court costs, as may be applicable, to achieve modification of same, equal to that which any legislation enacted by the State of New Jersey, affecting the local traffic violation ordinance, or to any local traffic violation ordinance which may be adopted and/or added to the Local Traffic Violation Schedule in the future, without the necessity of a resolution or ordinance by the Governing Body, except for as provided in paragraph b.

        b.    Any increase to fine or court costs shall be as set forth in paragraph a. above, and shall be limited to an amount not to exceed one hundred ($100.00) dollars for each individual violation enumerated in the Local Traffic Violations Schedule, unless otherwise provided by law. Any such modification mentioned herein shall not take effect unless there is first approval by the Assignment Judge of the Superior Court of New Jersey, Union Vicinage.

(1980 Code § 15-16)

 

2-54.2    Incorporation of Resolution by Reference.

       This section also includes by way of reference and for memorialization, Municipal Resolution No. 85-04, passed by Council and signed by the Mayor on June 17, 2004, reflecting the changes to the Local Traffic Violation which came into effect on June 30, 2004, with approval and under the order of the Assignment Judge of the Superior Court of New Jersey, Union Vicinage, the Honorable Walter R. Barisonek, A.J.S.C. (1980 Code § 15-17)

 

2-54.3    Repealer.

       All local ordinances and parts of local ordinances relating to the Local Violations Bureau and the local traffic violation costs and penalties created under the authority of N.J.S.A. 39:4-197 or by such related statutes which have been provided for by the Legislature of the State of New Jersey, which may be inconsistent with the terms hereof are repealed to the extent of such inconsistency. (1980 Code § 15-18)

 

 

Article VI  Administrative Policies and Procedures*

 

2-55  PROCEDURES FOR APPROVAL OF CLAIMS.

 

2-55.1    Procedure for Submission of Claim.

       Any person claiming payment from the Borough of Roselle Park shall first submit a detailed statement of the items or demands necessitating such claim to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it (or includes) a certification from a designated Borough employee having personal knowledge of the facts that the goods have been received by or the services rendered to the Borough of Roselle Park and that those services or goods are consistent with an existing contract or purchase order. The Chief Financial Officer shall have the duty to audit, warrant and make recommendations on all claims and bills. (1980 Code § 11-1)

 

2-55.2    Presentation of Bill to Clerk; Examination.

       The bill or claim duly certified shall be presented to the Municipal Clerk for inclusion in the proceedings of the first formal meeting of the month of the Governing Body, and it shall be the duty of the Clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. (1980 Code § 11-2)

 

2-55.3    Approval or Rejection of Claim by Council.

       Claims shall be considered by the Council, which shall approve the same, except that the Governing Body may reject any claim presented to it, stating the reason for such rejection. Any tie votes may be broken by vote of the Mayor. Any disapproved claim shall be referred back to the Municipal Clerk with such instructions as the Governing Body may give at the time of disapproval. (1980 Code § 11-3)

 

2-55.4    Record of Claims.

       It shall be the duty of the Municipal Clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the Governing Body has by formal action approved the same, with appropriate records as to any claims disapproved or rejected. All records pertaining to approved or disapproved bills or claims shall be available for public inspection. (1980 Code § 11-4)

 

2-55.5    Order for Disbursement.

       The Chief Financial Officer shall make disbursements upon receipt of an order by Borough Council, attested by the Municipal Clerk. In the event that the Mayor vetoes the payment of any claims or bills, the Chief Financial Officer may be authorized to make payment by a vote of the Borough Council whereby at least two-thirds (2/3) of all the Councilmembers vote to override such veto of any claim or bill. (1980 Code § 11-5)

 

2-55.6    Preparation and Signing of Checks.

       After the Municipal Clerk has certified that the claims have been approved, the Clerk shall turn the same over to the Chief Financial Officer, who shall forthwith prepare the necessary checks for the payment thereof, which checks shall be signed by the Mayor and Clerk and thereafter by the Chief Financial Officer. After preparing checks for the payment of claims, the Chief Financial Officer shall record them in proper books of account and thereafter mail the checks to the claimants. (1980 Code § 11-6)

 

 

2-56  PURCHASES THROUGH COUNTY CONTRACTS.

 

2-56.1    Contracts with County Authorized.

       Pursuant to the provisions of N.J.S.A. 40A:11-10 et seq., the Borough is hereby authorized to enter into contracts with the County of Union for the joint use by the Borough and other municipalities in the County of Union of administrative services and facilities of the Office of the Purchasing Agent of the County of Union appropriate to the procurement of certain materials, supplies and equipment which may be determined to be required from time to time by the Borough of Roselle Park and which the Borough may otherwise lawfully purchase for itself. The services and facilities of the Office of the County Purchasing Agent shall be provided without cost to the Borough of Roselle Park. (1980 Code § 55-1)

 

2-56.2    Execution of Contracts.

       The proper municipal officials of the Borough of Roselle Park are hereby authorized and empowered to execute on behalf of the Borough all such contracts with the County of Union for joint public bidding. (1980 Code § 55-2)

 

 

2-57  LENGTH OF SERVICE AWARDS PROGRAM.

 

2-57.1    Purpose.

       The Borough has determined that the creation of a Length of Service Awards Program (LOSAP) will enhance the ability of the Borough to retain and recruit volunteer Roselle Park Fire Department (RPFD) and Roselle Park First Aid Squad (RPFAS) members. (1980 Code § 22-28)

 

2-57.2    Creation of LOSAP.

       Length of Service Awards Program is created in accordance with N.J.S.A. 40A:14-183 et seq., to reward active volunteer members of the RPFD and the RPFAS for their loyal, diligent and devoted services to the residents of the Borough. (1980 Code § 22-29)

 

2-57.3    Annual Contributions.

        a.    Length of Service Awards Program shall provide for fixed annual contributions to a deferred income account for each active volunteer member of the RPFD and the RPFAS that meets the criteria set forth below or hereafter provided by amendment to this section.

        b.    Such contributions shall be made in accordance with a plan established by the Borough and administered in accordance with the laws of the State of New Jersey, the United States Internal Revenue Code and this section.

(1980 Code § 22-30)

 

2-57.4    Criteria for Eligibility.

       Length of Service Awards Program shall provide for annual contributions to each eligible, active volunteer member of the RPFD and the RPFAS that meets the criteria as follows:

        a.    The number of points required for an active year of service for an active volunteer RPFD or RPFAS member is eighty (80) and five hundred fifty (550), respectively.

        b.    Only active volunteer members of the RPFD and RPFAS shall be eligible.

        c.    Paragraphs a. and b. are as determined by the bylaws and/or other governing documents of the RPFD or the RPFAS, as the case may be, and/or the officers of each respective organization.

        d.    Any new active volunteer member of the RPFD or the RPFAS shall not become eligible to participate in LOSAP until the next calendar year after coming off probation in the case of the RPFD or RPFAS or no longer on inactive status in the case of the RPFD only.

        e.    Current active volunteer members, as of the date that the voters approve LOSAP, shall become immediately eligible to participate in LOSAP.

        f.     Amount of deferred contribution.

       1.      Any active volunteer member of the RPFD who obtains the required eighty (80) points will receive one thousand one hundred fifty ($1,150.00) dollars deferred contribution for his/her active volunteer status on the RPFD.

       2.      Any active volunteer member of the RPFAS who obtains the required five hundred fifty (550) points will receive five hundred seventy-five ($575.00) dollars deferred contribution for his/her active volunteer status on the RPFAS. Any active volunteer member of the RPFAS who obtains the required seven hundred (700) points will receive one thousand one hundred fifty ($1,150.00) dollars deferred contribution for his/her active volunteer status on the RPFAS.

        g.    No person who is an active volunteer member of both the RPFD and the RPFAS shall be permitted to receive deferred contribution for his/her active status in these organizations for more than one thousand one hundred fifty ($1,150.00) dollars.

        h.    Any active volunteer member of either the RPFD and/or the RPFAS who is receiving a public pension from or through the State of New Jersey shall be permitted to receive such deferred contribution unless otherwise prohibited by law.

(1980 Code § 22-31)

 

2-57.5    Prior Service.

       Length of Service Awards Program shall not provide for contributions for prior services by any active volunteer member of the RPFD or the RPFAS. (1980 Code § 22-32)

 

2-57.6    Costs.

       The estimated costs of the program have been calculated as one hundred twelve thousand seven hundred ($112,700.00) dollars per year. (1980 Code § 22-33)

 

2-57.7    Credit Points.

       Each active volunteer member shall be credited with points for volunteer services provided to the RPFD or the RPFAS in accordance with the attached schedules.* (1980 Code § 22-34)

 

2-57.8    Passage and Approval by Voters.

        a.    The attached ballot question and explanatory statement shall be submitted to the Clerk of Union County for the purpose of presenting this ballot question to the voters of the Borough at the next general election to be held on November 7, 2000.**

        b.    In the event this section is approved by the voters of the Borough:

       1.      Length of Service Awards Program shall become effective in calendar year 2001 as of January 1, 2001; and

       2.      The required sections of the Borough Code are to be deemed repealed as of the effective date of January 1, 2001.

(1980 Code § 22-35)

 

 

2-58  PAYMENT OF TAXES AND ASSESSMENTS REQUIRED PRIOR TO PAYMENT OF FIRE INSURANCE CLAIMS.

 

2-58.1    Payment of Claims Restricted.

       No insurance company authorized to issue fire insurance policies in the State of New Jersey shall make payment to a claimant of any claim in excess of two thousand five hundred ($2,500.00) dollars for fire damages on any real property located within the Borough pursuant to any fire insurance policy issued or renewed after the adoption of this section and after the filing of this section with the Commissioner of Insurance of the State of New Jersey until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been made either by the owner of such real property or by the insurance company pursuant to the provisions of subsection 2-58.3 or the Borough submits to the insurance company a copy of a resolution adopted pursuant to subsection 2-58.4. (1980 Code § 126-1)

 

2-58.2    Official Certificates of Search.

       The official certificate of search shall be provided by the Borough Clerk of the Borough of Roselle Park upon proper application of the claimant or the insurance company, as the case may be. Such certificate may be altered by the Borough Clerk or by any other bonded official responsible for preparing such certificate in order to correct any errors or omissions or to add any municipal liens or related charges due and payable subsequent to the preparation of the official certificate. (1980 Code § 126-2)

 

2-58.3    Payment of Liens to Borough.

       In the absence of the receipt of a resolution pursuant to subsection 2-58.4, an insurance company writing fire insurance policies in the Borough is hereby authorized and required, prior to the payment of any claims for fire damages in excess of two thousand five hundred ($2,500.00) dollars on any real  property located within the Borough, to pay to the Borough the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company. However, in the event that an appeal is taken on the amount of any lien or charge other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five (75%) percent of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in the State of New Jersey shall be disbursed in accordance with the final order or judgment of the Court. (1980 Code § 126-3)

 

2-58.4    Agreement Between Owner and Borough.

       The Mayor and Council of the Borough of Roselle Park may enter into agreement with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article VII of Chapter 5 of Title 54 of the New Jersey Statutes if the Mayor and Council are satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of a resolution of agreement from the Mayor and Council of the Borough of Roselle Park is authorized to make full payment on the claim to the insured person. (1980 Code § 126-4)

 

2-58.5    Relationship of Municipal Claims to Other Claims.

       A municipal claim made in accordance with the provisions of N.J.S.A. 17:36-8 et seq., and this section shall be paramount to any other claim on the proceeds of the fire insurance policy, except the claim of a holder of a mortgage on the fire-damaged property, where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, in which event the claim of the mortgagee to the proceeds shall be paramount to the municipal lien under the aforesaid statutes and this section only to the extent of the amount due and payable to the mortgagee under the mortgage contract. (1980 Code § 126-5)

 

2-58.6    Effect on Enforcement of Municipal Liens under Other Laws.

       This section shall not affect the authority of the Borough of Roselle Park to enforce a municipal lien under any other law of the State of New Jersey. (1980 Code § 126-6)

 

2-58.7    Filing.

       The Municipal Clerk shall file a certified copy of this section with the Commissioner of Insurance of the State of New Jersey upon its adoption. (1980 Code § 126-7)

 

 

2-59       PAYMENT OF TAXES REQUIRED PRIOR TO ISSUANCE OF PERMIT OR LICENSE.

Editor's Note: Pursuant to N.J.S.A. 40:52-1.2, this provision does not apply to an Alcoholic Beverage license.

            Where a permit or license to conduct a business in the Borough of Roselle Park is required by law, the issuing, transfer or renewal of such permit or license shall be withheld by the issuing authority until all taxes levied or assessed upon the establishment covered by such license or permit or against the applicant or transferer, and then due, shall be paid, unless the same are in process of litigation. (1980 Code § 133-4)

 

 

2-60  RECIPROCAL MUTUAL AID AGREEMENT FOR POLICE SERVICES.

 

2-60.1    Costs and Expenses.

       The Borough of Roselle Park shall, upon providing assistance to another municipality which has enacted a reciprocal mutual aid ordinance, assume the cost and expense of providing its personnel and equipment to the requesting municipality, except in such instances when the requesting municipality receives State or Federal aid by way of reimbursement. In such circumstances the cost incurred shall be submitted to the community requesting assistance. (1980 Code § 51-17)

 

2-60.2    Benefits.

       Members of the Police Force of the Borough of Roselle Park suffering injury, or their legal representatives, if death results, while rendering assistance in another municipality shall be entitled to all such benefits they would have realized if injury or death had occurred in the performance of normal duties in the Borough of Roselle Park. (1980 Code § 51-18)

 

2-60.3    Copies to Be Transmitted; Maintenance of Records.

       A copy of this chapter shall be transmitted to the Municipal Clerk of each municipality within the County of Union no later than five (5) business days following adoption. The Clerk of the Borough of Roselle Park shall maintain a record of all such ordinances adopted by other municipalities within the County of Union. (1980 Code § 51-19)

 

 

2-61       DIRECT DEPOSIT FOR COMPENSATION.

 

2-61.1      Direct Deposit Required.

            All full time, part time, seasonal and temporary employees and elected public officials who receive compensation from the Borough of Roselle Park are mandated to have direct deposit of their compensation as of July 1, 2014 in accordance with Chapter 28 P.L. 2013, as defined under C.52:14-15f (b). (Ord. No. 2410; Ord. No. 2423)

 

2-61.2      Reserved.

            Editor's Note: Former subsection 2-61.2, Exemptions – Seasonal and Temporary Employees containing portions of Ordinance No. 2410, was deleted in its entirety by Ordinance No. 2423.

 

2-61.3      Request for Exemptions in Writing.

            Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Borough of Roselle Park Chief Financial Officer.  Such requests will be presented to the Borough of Roselle Park Governing Body within thirty (30) days.  The Borough of Roselle Park Governing Body may grant such an exemption by resolution and only for good cause. (Ord. No. 2410)

 

 

2-62—2-65      RESERVED.

 

 

Article VII  Fees for Municipal Services

 

2-66  APPLICATION FEE FOR SERVICES OF THE MUNICIPAL PUBLIC DEFENDER.

 

2-66.1    Application Fee; Waiver; Disposition of Funds.

        a.    The Municipal Court may require a person applying for a Municipal Public Defender or Court-approved counsel to pay an application fee. The application fee is in an amount necessary to pay the costs of the Municipal Public Defender services. The Municipal Court may permit a person to pay the application fee over a period of time not to exceed four (4) months. The fee is set as follows:

       1.      Application fee for a Municipal Public Defender or Court-approved counsel: not more than two hundred ($200.00) dollars.

        b.    In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. Funds collected pursuant to this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Borough. Such funds shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender, including, when required, expert and lay investigation and testimony.

        c.    This section made and provided according to N.J.S.A. 2B:12-28b and shall automatically incorporate any changes in the State Statute that may periodically occur.

(1980 Code § 15-12)

 

 

2-67  ESCORT SERVICE-POLICE DEPARTMENT.

 

2-67.1    Definitions.

       As used in this chapter:

       Requesting Agency shall mean any person, firm or corporation, public or private, desiring to use such special escort service.

       Special Escort Service shall mean the provisions of special Police protection for any person, firm or corporation, public or private, for the purpose of transporting money or other valuable goods within the boundary of the Borough of Roselle Park.

       (1980 Code § 51-14)

 

2-67.2    Fees.

        a.    The cost of special escort service rendered by the Police Department to any person, firm or corporation, public or private, is hereby fixed at twenty-five ($25.00) dollars per trip, from a single source of origin to a single destination.

        b.    The shift supervisor shall record all requests received for escort service and shall file daily reports. The Chief of Police shall cause monthly bills to be forwarded to each requesting agency detailing the date, destination and total cost.

        c.    All bills are payable before the 10th day of the following month. Failure of the using agency to pay the monthly bill in accordance with the terms of this section will constitute grounds for the termination of such special escort service until all bills are satisfied. Checks in payment shall be made payable to the Borough of Roselle Park. Report of receipts and a check representing total receipts shall be filed with the Borough Chief Financial Officer on a monthly basis.

        d.    The Police Department shall issue a receipt for all fees and moneys received for the services extended or material furnished as provided in this section. All money received shall be turned over to the Borough Chief Financial Officer.

(1980 Code § 51-15; New)

 

2-67.3    Exceptions; Waiver of Fees.

       The Mayor and Council may, by resolution, waive the fees required under this chapter for the following:

        a.    Religious organizations holding regular services in the Borough of Roselle Park.

        b.    Public schools under the jurisdiction of the Borough of Roselle Park Board of Education.

(1980 Code § 51-16)

 

 

2-68       FEES FOR DOCUMENTS AND SERVICES.

 

2-68.1      Office of the Municipal Clerk.

            a.         The Municipal Clerk, as the Custodian of Government Records for Documents, may, in accordance with N.J.S.A. 47:1A-1 et seq., appoint a Deputy Custodian of Government Records for Documents pertaining to Police Department matters.

            b.         The following fees shall be charged for making copies of any documents for which no other charge has been established by ordinance:

Item

Fee

Per page for letter size (8½” x 11”)

$.05 cents per page.

Per page for legal size (8½” x 14”)

$.07 cents per page.

Electronic

Zero

Cassette/VHS/DVD/CD

Actual costs of the materials and supplies.

            c.         Nothing in this section shall be construed as requiring the municipality to furnish copies of any privileged documents or other documents which are not deemed public information in accordance with N.J.S.A. 47:1-A et seq.

            d.         There shall be no charge for items listed on the current monthly agenda and/or special meeting agenda of the Mayor and Council of the Borough of Roselle Park.

            e.         The fees to be charged by the Borough Officials or Departments designated hereunder shall be as follows:

Item

Fee

Street Maps of the Borough

$0.25

Zoning Map

$1.00

Certifications, per page

$2.00

            f.          Whenever the nature, format, manner of collection, or volume of a government record embodied in the form of a printed matter to be inspected, examined, or copied, is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size, and, in the discretionary judgment of the custodian, an extraordinary expenditure of time and effort is required to accommodate the request whether the request is for inspection and examination or for copying, the Borough may charge a special service charge that shall be reasonable and shall be based upon the actual cost of providing the copy or copies.

(1980 Code § 133-3A–E; Ord. No. 2239 § 1; Ord. No. 2330 § 1; Ord. No. 2459-2016)

 

2-68.2      Police Department.

            Fees charged by the Police Department are established as follows:

            Item

Fee

a.         Motor vehicle accident reports

 

1.   Copies of motor vehicle accident reports picked up in person are charged according to OPRA guidelines (See N.J.S.A. 47:1A-1 et seq.)

 

                  Per page for letter size (8 1/2" x 11")

                  Per page for legal size (8 1/2" x 14")

                  Electronic

5 cents

7 cents

0

        2.     Photographs

Cost of reproduction

        3.     Cassette/VHS/DVD/CD

            $5.00

b.     Letters of good conduct

            $10.00

c.      Researching police archives for reports, documents or other records

            $50.00

d.     Fingerprint records for compliance with various ordinances, laws and employment application.

        Each fingerprint card, payable by cash, certified check, cashiers check or money order to the Borough of Roselle Park

 

 

 

 

            $4.00

e.      Submission fees for processing Firearms ID Cards, handgun purchase permits and handgun carrying permits. Only certified check, cashiers check or money order payable to Division of State Police - SBI will be accepted.

As currently set by the Division of State Police - SBI and FBI

f.      Discovery requests

$3.00 fee 1st page and $1.00 additional pages

g.     Registration fee for the Roselle Park Police Youth Academy

$20.00

(1980 Code § 133-3E; Ord. No. 2142; Ord. No. 2192; Ord. No. 2330 § 1; Ord. No. 2387)

 

2-68.3      Fire Department.

            Fees charged by the Fire Department are established as follows:

        Item

Fee

a.      Copies of fire reports

$10.00

(1980 Code § 133-3; Ord. No. 2330 § 1)

 

2-68.4      Engineering Department.

            Fees charged by the Engineering Department are established as follows:

        Item

Fee

a.      Copies of Specifications:

 

                        Minimum

                        Maximum

$25.00

$50.00

(1980 Code § 133-3)

 

2-68.5      Office of Tax Collection.

            Fees charged by the Office of Tax Collection are established as follows:

        Item

Fee

a.      Duplicate tax sale certificate

      $100.00

b.     Private mailings for tax sale, each

        $25.00

c.      Duplicate tax bill

          $5.00

        1.   Second offense

        $25.00

d.     Certificate of redemption

        $50.00

(1980 Code § 133-3)

 

2-68.6      Board of Health.

            Fees charged by the Board of Health are established as follows:

        Item

Fee

a.      Certified copies of:

 

        1.   Marriage certificates

$15.00

        2.   Death certificates

$10.00

        3.   Birth certificates

$15.00

        4.   Domestic partnership

$15.00

        5.   Civil union

$15.00

b.     Flu and Other Clinic Shots:

 

        1.   Flu and other clinic shot fees

$10.00 to $25.00

(1980 Code § 133-3; Ord. No. 2282 § 1; Ord. No. 2330 § 1)

 

2-68.7      Farmers' Market.

            The fees for the Farmers' Market of the Borough of Roselle Park are hereby set as follows:

Type

Fee

Farmers' registration

$75.00 per year

(1980 Code § 133-5; Ord. No. 2359)

 

2-68.8      Borough-Wide Yard Sale.

            a.         Definition. As used in this section:

       Borough-Wide Yard Sale is the sale of small, personal household items that are sold by individuals from the front yard of their residences, on the day announced by the Mayor and Council, during the hours of 9:00 a.m.-6:00 p.m., after obtaining a permit from the Borough Clerk.

       In addition to the above, permits may also be issued to residents for the sale of small, personal household items to be sold during the hours of 9:00 a.m.-6:00 p.m. occupying one assigned parking space located in the rear of Michael Mauri parking lot. Additionally the Friends of the Library shall be permitted to use the front lawn of the Veterans Memorial Library during the hours of 9:00 a.m. – 6:00 p.m.

No tangible personal property from any commercial business enterprise shall be included in a garage-yard sale for the purpose of resale.

            b.         Limited. Only applicable to Borough-Wide Yard Sale as stipulated by a formal resolution of the Governing Body.

            c.         Registration. Any individual seeking to participate in the Borough-Wide Yard Sale shall register with the Borough Clerk's office prior to participation in such sale a minimum of ten (10) days prior to the scheduled event.

            d.         Fees. The Municipal Clerk shall collect a permit fee for Borough-Wide Yard Sale. All license fees shall be paid in advance by cash, money order, certified check or bank check at the Office of the Municipal Clerk. Personal checks are prohibited. The following fee of ten ($10.00) dollars is hereby established for such sale.

            e.         Violations and Penalties. Violations of the provisions of this subsection shall be punishable as in Chapter I, Section 1-5, General Penalty.

(Ord. No. 2182 § 106(1); Ord. No. 2384; Ord. No. 2407)

 

2-68.9      General Garage-Yard Sale.

            a.         Definition.  As used in this section:

General Garage-Yard Sale is the sale of small, personal household items that are sold by individuals from the front yard of their residences after obtaining a permit from the Borough Clerk.

            No tangible personal property from any commercial business enterprise shall be included in a garage-yard sale for the purpose of resale.

            b.         Registration. Any individual seeking to participate in the general garage-yard sale shall register with the Borough Clerk’s office prior to the commencement of such sale at a minimum of ten (10) days prior to the scheduled event.  Permits shall be issued only upon written applications, which shall include the following:

            1.         The name of the person conducting the sale;

            2.         The name of the owner of the property where the sale is to be conducted;

            3.         The address of the location at which the sale is to be conducted;

            4.         The date or dates of the sale;

            5.         The date or dates of any prior garage-yard sales at the same premises, and

            6.         The date of the application and the signature of the applicant.

            NOTE: Intentional misstatements in the application shall constitute a violation of this subsection.

            c.         Fees.  The Municipal Clerk shall collect a permit fee for any garage-yard sale.  All license fees shall be paid in advance by cash, money order, certified check, or bank check at the office of the Municipal Clerk.  Personal checks are prohibited.  The following fee of five ($5.00) dollars is hereby established for such sale, except when there is a designated fee by ordinance or the Borough-Wide Garage Sale.

            1.         A permit may be issued for any residential premises no more than four (4) times in any one (1) calendar year.

            2.         A garage-yard sale may be no more than two (2) days’ duration. All garage-yard sales may be conducted between the hours of 8:00 a.m. and 6:00 p.m. only.

            d.         Signs.  Signs advertising the sale may be erected in the Borough of Roselle Park, including the premises where the sale is to be held as permitted by law. No such sign shall exceed eighteen (18) inches in height or eighteen (18) inches in width. All such signs shall be removed within twenty-four (24) hours after the completion of the sale. All such signs shall contain:

            1.         The address and location at which the sale is to be conducted;

            2.         The date or dates of the sale;

            3.         The hours of the sale, and

            4.         The Permit No. issued.

            e.         Violations and Penalties.  Violations of the provisions of this subsection shall be punishable as in Chapter I, Section 1-5, General Penalty.

(Ord. No. 2182 § 106(1); Ord. No. 2266 § 1)

 

 

Article VIII  Photographing, Videotaping or Recording Public Meetings

 

2-70  RULES AND REGULATIONS.

 

2-70.1    Definitions.

       As used in this Article, the following terms shall have the meaning indicated:

       Municipal Facility shall mean any building owned or leased by the Borough of Roselle Park in which official municipal business is conducted.

       Public Meeting shall mean any gathering, whether corporal or by means of communication equipment, which is attended by or open to all members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.

       Recording shall mean the audio, still picture, or motion picture recording, resulting from the use of a "recording device" as defined below.

       Recording device shall mean any audio recording device or any still picture recording device (including but limited to cameras) or any motion picture recording device (including but not limited to video or digital recording cameras).

       (Ord. No. 2208 § 1)

 

2-70.2      Still Photography and Videotaping at Public Meetings.

        a.    Equipment and Personnel.

       1.      Not more than two (2) recording devices, operated by no more than one (1) member of the public each, shall be permitted at any public meeting of any public body, including but not limited to the Borough Council.

        b.    Sound and Light Criteria.

       1.      Only recording devices which do not produce distracting sound or light shall be employed to cover public meetings of the Borough Council. No artificial lighting device of any kind shall be employed in connection with the use of a recording device.

       2.      It shall be the affirmative duty of the individual seeking to record a public meeting to demonstrate to the Mayor or his designee, adequately in advance of any public hearing that the equipment sought to be utilized meets the sound and light criteria enumerated herein. A failure to obtain advance approval for the equipment prior to each public meeting shall preclude its use at any such meeting.

        c.    Notice.

       1.      Notice shall be given to the Borough Clerk and any secretary of any public body prior to the close of business of the day of the meeting for which an individual is seeking permission to record the public meeting and, if the meeting occurs on a day when municipal offices are closed, prior to close of business on the last business day preceding the meeting for which permission is sought.

       2.      Permission to record the public meeting shall be granted on a first come, first serve basis subject to compliance with the provisions contained in these guidelines.

        d.    Location of Equipment and Personnel.

       1.      Recording device(s) shall be placed in an inconspicuous location of the meeting room designated by any public body, including but not limited to the Borough Council. The area(s) shall provide a generally clear view of the proceedings by the recording device. The person recording the public meeting shall not move about the meeting room while the public meeting is being held.

        e.    Recording device(s) shall not be placed in or removed from the meeting room except prior to commencement and after adjournment of the public meeting or during a recess.

(Ord. No. 2208 § 1; Ord. No. 2259 § 1)

 

2-70.3    Prohibitions.

        a.    Meetings or portions of meetings which are permitted by law to be closed to the public shall not be recorded.

        b.    No recording may be used to represent an official transcript in any manner and/or for any purpose.

(Ord. No. 2208 § 1)

 

2-70.4    Ceremonial Proceedings.

       Notwithstanding the above, at the invitation or permission of Mayor or his designee, any individual will be permitted to record ceremonial proceedings (including but not limited to certificates and proclamations) during a public meeting of the Borough Council. (Ord. No. 2208 § 1)

 

2-70.5    Coverage of Proceedings in Municipal Court.

       Recording of proceedings in the Municipal Court are governed by the Supreme Court guidelines. (Ord. No. 2208 § 1)

 

2-70.6    Violations and Penalties.

        a.    For any violation of the within, upon conviction, the penalty shall be a fine of not less than one hundred ($100.00) dollars or more than one thousand ($1,000.00) dollars or imprisonment in the County Jail for a term of not exceeding ninety (90) days, or for a period of community service not exceeding ninety (90) days, or such combination of punishments as a Municipal Judge, in his or her discretion deems appropriate or just.

        b.    Separate Violations. Each and every day in which a violation of any provision of this Article exists shall constitute a separate violation.

        c.    Application. The maximum penalty stated in this subsection is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a minimal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where State law mandates a minimum penalty to be imposed.

(Ord. No. 2208 § 1)

 

 

Election District Map

 

Click here to view map.

 

* Editor's Note: A description of the duties of the Director of Welfare, as well as the duties of the Human Resources Director and the Senior Citizens Field Representative, is on file in the office of the Public Assistance and Human Resources Board.



* Editor's Note: Roselle Park is governed under the Borough form of government outlined in Chapter 60 of Title 40A of the New Jersey Statutes with the exception of the election of Council members. The administrative chapter has been drafted in conformity with the Borough law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are N.J.S.A. 2A:9-7 et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A. 26:3-1, Board of Health; and N.J.S.A. 40:47-1, Police Department and Fire Department.

   For Statutes requiring the taking of oaths of office and requiring bond of certain officers and employees, see Local Fiscal Affairs Law, N.J.S.A. 40A:5-33 et seq.

   For salary grades and ranges, wages, compensation and fees of all officers and employees of the Borough, see the Salary Ordinances of the Borough. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.

** Editor's Note: Ordinance No. 494 was adopted March 25, 1954. The map referred to herein may be found at the end of this chapter.

* Editor's Note: See also Section 2-25, Special Law Enforcement Officers.

* Editor's Note: See Chapter XIX for the Property Maintenance Code.

* Editor's Note: See also The Revised General Ordinances of the Board of Health.

* Editor's Note: See N.J.S.A. 40:14-17.

* Editor's Note: Prior ordinance history includes portions of Resolution 50-79.

* Editor's Note: For regulations required by the Clean Communities Program, see Chapter III, Section 3-7.

* Editor's Note: The LOSAP Point System Schedules are on file in the Clerk's office, where they are available for inspection.

** Editor's Note: This ordinance was passed by the voters at the general election held 11-7-2000.

* Editor's Note: Pursuant to N.J.S.A. 40:52-1.2, this provision does not apply to an Alcoholic Beverage license.

 

CHAPTER II ADMINISTRATION*
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