Township of Teaneck, NJ Article I General Organization

Sec. 2-1 Short title.

[Ord. No. 3158, 7-26-1988, § 2-1.1]

This chapter shall be known as the "Charter/Administrative Code 1988."

Sec. 2-2 Council; offices; departments; boards; and bodies.

The Township government under the Council-Manager Plan shall consist of the Council and the offices, departments, boards and bodies set forth below:

(a) The Council, as provided for in Article II of the Charter.

(b) Offices. The Council hereby continues and/or creates the following separate Offices of the Township, the head of each to be appointed by the Council pursuant to the Charter or by law. Each Office shall have those powers and duties as set forth in the Charter or by law:

(1) Office of the Township Manager, as provided for in Article III of the Charter.

(2) Office of the Township Clerk, as provided for in Article IV of the Charter.

(3) Office of the Township Attorney, as provided for in Article V of the Charter.

(4) Office of the Municipal Court/Judge, as provided for in Article VI of the Charter.

(c) Departments. The Council hereby continues and/or creates the following separate departments of the Township, the head of each to be appointed by the Manager pursuant to the Charter or by law. Each department shall have those powers and duties as set forth in the Charter or by law:

(1) Department of Assessments, as provided for in Article VII of the Charter.

(2) Department of Buildings, as provided for in Article VIII of the Charter.

(3) Department of Engineering, as provided for in Article IX of the Charter.

(4) Department of Finance, as provided for in Article X of the Charter.

(5) Department of Fire Protection, as provided for in Article XI of the Charter.

(6) Department of Health, as provided for in Article XII of the Charter.

(7) Department of Police, as provided for in Article XIII of the Charter.

(8) Department of Public Works, as provided for in Article XIV of the Charter.

(9) Department of Recreation, as provided for in Article XV of the Charter.

(10) Department of Purchasing, as provided for in Article XXIV of the Charter.

(11) Department of Human Resources, as provided in Article XXII of the Charter.

[Added by Ord. No. 4196, 8-24-2010]

(d) Boards and bodies. The Council hereby continues and/or creates the following separate boards and bodies, the members of each to be appointed pursuant to the Charter or by law. Each such board or body shall have those powers, duties and responsibilities as set forth in the Charter or by law. Except as otherwise provided by law, all members of each of said boards and bodies shall either be residents of the Township or employed in the Township or have a business or economic interest in the Township and shall serve without compensation except as otherwise specifically provided in the Charter or by law:

(1) Planning Board, as provided for in Article XVI of the Charter.

(2) Zoning Board of Adjustment, as provided for in Article XVII of the Charter.

(3) Redevelopment Agency, as provided for in Article XVIII of the Charter.[1]

[1] Editor's Note: The Township abolished the Teaneck Redevelopment Agency by Ord. No. 4060 and transferred all powers, rights, duties and obligations to the Township Council pursuant to N.J.S.A. 40A:12A-4.

(4) Library Board, as provided for in Article XIX of the Charter.

(5) Rent Board, as provided for in Article XX of the Charter.

(6) Environmental Commission, as provided for in Article XXI of the Charter.

(7) (Reserved)[2]

[2] Editor's Note: Former Subsection (d)(7), which listed the Local Assistance Board, was repealed by Ord. No. 3616, 10-12-1999.

(8) (Reserved)[3]

[3] Editor's Note: Former Subsection (d)(8), which listed the Protected Tenancy Appeals Board, was repealed by Ord. No. 3507, 7-8-1997, § 1.

(9) (Reserved)[4]

[4] Editor's Note: Former Subsection (d)(9), which listed the Construction Board of Appeals, was repealed by Ord. No. 3319, 12-17-1991.

(10) Site Plan Review Advisory Board, as provided for in Article XXV of the Charter.

(11) Emergency Management Board/Local Defense Council, as provided for in Article XXVI of the Charter.

(12) Youth Guidance Council, as provided for in Article XXVII of the Charter.

(13) Historic Preservation Commission, as provided for in Article XXVIII of the Charter.

(14) Advisory Board on Ethics, as provided for in Article XXIX of the Charter.

(15) Various advisory boards, as provided for in Article XXX of the Charter

[Ord. No. 3158, 7-26-1988, § 2-1.2; Ord. No. 3196, 1-24-1989, § 1; Ord. No. 3389, 4-12-1994 § 1.]

Sec. 2-3 Definitions.

The definitions and other general provisions of all statutes of the State of New Jersey and its general laws, ordinances, rules or other regulations shall apply to this Charter. For the purpose of this chapter and in the interpretation of all other ordinances and resolutions heretofore or hereafter adopted by the Township, except where the context of said ordinance or resolution may specifically require, the following terms shall have the meanings indicated:

BOARD OR BODY

Any agency continued or created pursuant to the Charter, whether denominated as a "committee," "Council," "board," "agency," "task force" or other similar name.

CHARTER

The Council-Manager Plan of government law pursuant to N.J.S.A. 40:69A-81 et seq., together with the provisions of this Chapter 2, entitled "Charter/Administrative Code 1988."

CLERK

The Township Clerk appointed pursuant to the Charter.

CODE

The provisions of Chapters 1 through 37 of the Code of the Township of Teaneck, New Jersey, 1964, including the provisions of this Chapter 2, entitled "Charter/Administrative Code 1988."

COUNCIL

The elected Township Council created and constituted pursuant to the Charter.

DEPARTMENT

An organizational unit of the Township government, the head of which shall be appointed by the Manager, as established by the Charter.

MANAGER

The Township Manager appointed pursuant to the Charter.

OFFICE

An organizational unit of the Township government, the head of which shall be appointed by the Council, as established by the Charter.

TOWNSHIP

The Township of Teaneck, Bergen County, New Jersey, and shall be construed as if the words "of Teaneck" followed it.

[Ord. No. 3158, 7-26-1988, § 2-1.3.]

Sec. 2-4 Word usage.

For the purpose of the Charter and Code and any ordinances heretofore or hereinafter adopted, except as the context shall specifically provide:

(a) The present tense includes the past and future tenses.

(b) The masculine gender shall be deemed to include the female and neuter genders.

(c) The singular number shall include the plural and the plural the singular.

[Ord. No. 3158, 7-26-1988, § 2-1.4.]

Sec. 2-5 Effect on ordinances, violations and penalties.

(a) All existing ordinances and parts of ordinances or amendatory or supplementary thereto shall, unless specifically repealed herein, be continued in full force and effect until repealed or modified pursuant to law, to the extent that such ordinances are not in conflict with the Charter or Code or the Council-Manager Plan of government law pursuant to N.J.S.A. 40:69A-81 et seq. To the extent that local ordinances vary from state statute, the state statute shall apply. To the extent that this Charter is at variance with any other provision of the Code or of any ordinance, this Charter shall apply and the sections of the Code or that ordinance at variance with the Charter shall be deemed as repealed. Each and every one of the provisions of Chapter 2, entitled "Administration," in effect prior to July 1, 1988, are hereby repealed and replaced by the within Chapter 2, entitled "Charter/Administrative Code 1988." All references in any prior ordinance to any board, body, department or office shall be taken and construed to mean such board, body, department, officer or office to which the respective functions, powers and duties are allocated and assigned by the Charter or the Code.

(b) On the effective date of this chapter, all personnel and all records and property of the Township relating thereto, except as otherwise provided by the Charter, are transferred to the respective departments, offices and boards and bodies to which their functions, powers and duties are allocated and assigned by the Charter. All officers and employees who were in the classified service of the civil service on the effective date of the Charter are transferred to the appropriate department, office, board or body to which their respective functions, powers and duties are allocated and assigned by the Charter, and they shall not by such transfer be adversely affected in seniority, promotion or salary rights, as provided by Title 11A (Civil Service) (N.J.S.A. 11:28.2). Pursuant to N.J.S.A. 40:69A-207, all officers or employees whose positions are designated in this statute or who hold office by any tenure of office law, or who have tenure pursuant to Title 11A of the Revised Statutes (Civil Service), or any amendment thereto, as of 12:00 noon on July 1, 1988, shall retain and continue their tenure of office. All transfers herein shall be pursuant to N.J.S.A. 11A:4-16.

(c) The repeal provided for above or below in this chapter shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing prior to the effective date of this chapter, nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Township or authorizing the issue of any bonds of the Township or any evidence of the Township indebtedness or any contract or obligation assumed by the Township; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance or resolution of the Township on any person or corporation; nor shall it affect any ordinance adopted for purposes which have been consummated; nor shall it affect any ordinance which is temporary, although general in effect, or special, although permanent in effect; nor shall if affect any ordinance relating to the salaries, pensions or other benefits of the Township officers or employees; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the Township; nor shall it affect the Building Code, commonly called the "Book of Practice"; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopted on final reading and passage after the effective date of this chapter.

(d) Whenever, in the Charter adopted by this chapter or in any other ordinance of the Township or in any rule, regulation or order promulgated by any officer or agency of the Township, under authority duly vested in him or it, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Charter or any other ordinance of the Township or such rule, regulation or order shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment Notwithstanding the foregoing, in the event that the maximum fine and/or punishment as permitted by state law is different than the above, this provision shall be construed to mean the then prevailing maximum fine and/or punishment.

(e) Whenever any provision of the New Jersey Revised Statutes limits the authority of the Township to punish the violation of any particular provision of the Charter hereby adopted or any other Township ordinance or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then the violation of such particular provision of such Charter or other Township ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine or imprisonment. Each day any violation of the Code or any other Township ordinance or rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided. Whenever any such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.

(f) It is hereby declared to be the intention of the Township Council that the sections, paragraphs, sentences, clauses and phrases of this chapter and the Charter hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this chapter or the Charter hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter or the Charter hereby adopted.

(g) This chapter shall take effect after publication thereof after final passage, as provided by law.

(h) The chapter published herewith was introduced at a meeting of Township Council of the Township of Teaneck, in the County of Bergen, New Jersey, held on July 1, 1988, and will be further considered for final passage after public hearing at a meeting of said Township Council to be held in the Municipal Building Council Chamber in said Township on July 26, 1988, at 8:00 p.m.

[Ord. No. 3158, 7-26-1988, § 2-1.5; Ord. No. 3162, 8-9-1988, § 1.]

Sec. 2-6 Township Seal.

[Ord. No. 3158, 7-26-1988, § 2-1.6.]

The Township Seal, as heretofore adopted and in use on the effective date of this chapter, shall continue to be the legal Seal of the Township.