For the purposes of this article, the terms
used herein are defined as follows:
Includes "ordinance" and "resolution" as defined by N.J.S.A.
40:49-1 and duly enacted according to law.
(N.J.S.A. 40:93-1; 40:93-2; 40:93-3; 40:93-8;
40:49-2; 40:93-4; 40:93-5; 40:93-6; 40:93-7)[1]
All ordinances of the Borough of Kinnelon shall
be introduced, read, heard, published and enacted in the manner provided
by law. Each ordinance passed by the Council shall be returned by
the Mayor to the Clerk after the Mayor has signed or approved it.
If the Mayor neither signs nor disapproves the ordinance within five
days from the date of its delivery to the Mayor, it shall, as provided
by N.J.S.A. 40:93-8, take effect in like manner as if signed. The
publication of ordinances shall be governed by the provisions set
forth in N.J.S.A. 40:93-2.
[1]
Editor's Note: N.J.S.A. 40:93-1 through 40:93-9
were repealed by L. 1987, c. 379. For current statutory provisions
regarding boroughs, see N.J.S.A. 40A:60-1 et seq.
(N.J.S.A. 40:93-5)
A.
The Council shall reconsider any ordinance returned
without approval by the Mayor within the time permitted by law, together
with a statement setting forth his objections thereto or to any item
or part thereof. Such reconsideration shall take place at the next
meeting of the Council.
B.
Whenever an ordinance has been reconsidered by the
Council following a veto by the Mayor, the Clerk shall append to such
ordinance a certification of the action of the Council upon such reconsideration,
in substantially the following form:
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"I HEREBY CERTIFY that the above ordinance adopted
by the Council of the Borough of Kinnelon on the ..... day of ..........,
19...., was delivered to me on the ...... day of .............................,
together with the Mayor's statement of the reasons for which he was
constrained to withhold his approval of such ordinance, item or part
thereof.
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On reconsideration thereof, on the ...........
day of ......................... (the Council duly resolved by the
affirmative vote of 2/3 of its members to enact such ordinance, item
or part thereof, notwithstanding the Mayor's veto) or (the Mayor's
veto was sustained).
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Dated:
................................
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Borough Clerk"
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(N.J.S.A. 40:93-5)
Whenever an ordinance shall take effect without
the Mayor's signature by reason of his failure to return it to the
Council by filing it with the Clerk within five days after it has
been presented to him, the Clerk shall append to such ordinance a
certificate in substantially the following form:
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"I HEREBY CERTIFY that the above ordinance was
adopted by the Borough Council on the ......... day of ............,
19 ....., and was presented to the Mayor duly certified on the ...............
day of ...................., 19 ....... and upon his failure to sign
it or to return and file it with the Clerk within five days thereafter,
the said ordinance took effect in like manner as if the Mayor had
signed it.
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Dated: ..............................
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Borough Clerk"
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(N.J.S.A. 40:49-4; 40:93-9)[1]
The Clerk shall record all ordinances and resolutions
in permanent books which shall be provided for that purpose and shall
cause the codification to be revised accordingly. After each ordinance
he shall also record and certify the proof of publication thereof
as required by law. Each ordinance recorded shall be signed by the
Mayor and Clerk, who shall attest that it was duly adopted upon a
date stated, and shall be deemed to be a public record of the ordinance.
[1]
Editor's Note: N.J.S.A. 40:93-9 was repealed
by L. 1987, c. 379.
