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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: Manasquan is governed under the Borough form of government outlined in Chapter 60 of Title 40A of the New Jersey Statutes Annotated. 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. 40A:14-3, 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 annual Salary Ordinances of the Borough. Such ordinances are not included in these Revised Ordinances, but are saved from repeal in the Adopting Ordinance.
Mayor and Borough Council
[New]
The Council shall consist of the Mayor and six Councilmembers elected at large 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.
[New]
The Council shall by ordinance adopt rules of procedure not inconsistent with this chapter. The rules shall provide for standing committees of the Council.
[1]
Editor's Note: See Bylaws of the Council, Section 2-5.
[New]
Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.
[New]
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]
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]
The Council shall meet for organization on the first day of January, or during the first seven days in January in any year at such time and place as the Council may direct. 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 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, 48 hours' written notice (or actual voice contact) shall be given to all members of the Council. Written notice may be by leaving such notice at their places of residence.
[1]
Editor's Note: See also Section 2-5, Bylaws of the Council and Article IV, Meetings.
[New]
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 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 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then, after the expiration of 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 may deem necessary or expedient for the welfare of the Borough. He 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.
[1]
Editor's Note: For regulations stating the authority of the Mayor to act in a State of Emergency, see Section 3-11.
[1972 Code § 2-3]
The Mayor shall on all occasions preserve order and decorum, and he shall cause the removal of all persons who interrupt the orderly proceedings of the Council.
[New]
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 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 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 absence or inability. In case of the Mayor's intended absence from the Borough for more than three 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 Councilmember having the longest term of service as such may act temporarily for the President.
[1]
Editor's Note: See also Section 2-5, Bylaws of the Council, subsection 2-5.7 Absence of Mayor and subsection 2-5.11 Election of Council President.
Rules of Order
[1972 Code § 2-1; Ord. No. 1247]
The deliberations of the Council shall be governed by "Roberts Rules of Order," except when the same are in conflict with the laws of the State of New Jersey or these bylaws, in which event the "Roberts Rules of Order" shall be inapplicable.
Mayor
[1972 Code § 2-2; Ord. No. 1247]
The Mayor shall preside over the deliberation of the Council and shall conduct the meetings thereof. He shall also participate in the determination of Borough affairs to the extent permitted by statute.
[1972 Code § 2-3; Ord. No. 1247]
The Mayor shall on all occasions preserve order and decorum, and he shall cause the removal of all persons who interrupt the orderly proceedings of the Council.
[1972 Code § 2-4; Ord. No. 1247]
When two or more members of Council shall request recognition at the same time, the Mayor shall name the one entitled to the floor.
[1972 Code § 2-5; Ord. No. 1247]
The Mayor shall decide all questions of order without debate subject to an appeal to the Council, and he may call upon the Council for the opinion of the Council upon any question of order.
[1972 Code § 2-6; Ord. No. 1247]
The Council President shall serve as the liaison between the Council and all boards, committees, agencies or organizations except as herein assigned to a specific Council Committee for liaison purposes.
[1972 Code § 2-7; Ord. No. 1247]
In the absence of the Mayor, or if he is unable to perform his duties, the Council President (or, in his inability to act, the Councilmember having the longest term of service) shall act as Mayor, as provided by statute.
Municipal Clerk
[1]
Editor's Note: See also Section 2-4, President of the Council.
a. 
The Clerk shall perform the duties enjoined upon that office by the New Jersey Statutes and these bylaws.
b. 
The Clerk shall keep the minutes and ordinance books properly and fully indexed and shall perform all the duties usually devolving upon such officer, and in addition, such other duties or services as Council may require or direct.
c. 
Upon the introduction of an ordinance, the same shall be properly numbered and recorded at length by the Municipal Clerk in the ordinance book. The assigned number shall appear in the advertisement of such ordinance.
[1972 Code § 2-8; Ord. No. 1247]
Meetings[1]
[1]
Editor's Note: See also Section 2-2, Meetings.
[1972 Code § 2-9; Ord. No. 1247]
The Council shall hold an annual meeting during the first seven days of January of any year, which meeting will be held within the Borough and at such time and place as Council may by resolution direct.
[1972 Code § 2-10; Ord. No. 1247]
That at the aforesaid meeting the Council shall fix the time and place for holding regular meetings during the ensuing year which time and place shall not be changed except by resolution adopted at a regular meeting.
[1972 Code § 2-11; Ord. No. 1247]
At the annual meeting, the Council will elect one of its members as Council President to serve for one year and until the next annual meeting.
[1]
Editor's Note: See Section 2-4, President of the Council.
[1972 Code § 2-12; Ord. No. 1247; New]
The Mayor shall, when necessary, call special meetings of the Council; in case of his neglect or refusal, any four members of the Council may call such meeting at such time and place in the Borough as they may designate, and in all cases of special meetings reasonable advance notice, considered to be of 48 hours, except in case of emergency, shall be given in person or by telephone, or written memorandum to all members of the Council.
[1972 Code § 2-13; Ord. No. 1247]
Three Councilmembers and the Mayor, and in the absence of the Mayor, four Councilmembers shall constitute a quorum.
[1972 Code § 2-14; Ord. No. 1247]
If no quorum be present at any meeting, those assembled shall have power and are hereby authorized to set a new meeting date, and then adjourn.
[1972 Code § 2-15; Ord. No. 1247; Ord. No. 1623-94; Ord. No. 1740-98 § 1]
The following order of business for a regular public meeting shall be observed:
a. 
Call to Order;
b. 
Mayor's Welcoming Statement;
c. 
Silent Prayer and Salute to the Flag;
d. 
Roll Call;
e. 
Mayor's Statement Re: Open Public Meetings Act of 1975;
f. 
Mayor's Proclamations;
g. 
Mayor's Appointments;
h. 
Consent Agenda — Resolutions;
i. 
Ordinances for First Reading;
j. 
Ordinances for Second and Final Reading and Public Hearing;
k. 
Correspondence;
l. 
Committee Reports;
m. 
Audience Participation;
n. 
Adjournment.
[1972 Code § 2-16; Ord. No. 1247]
The aforesaid order of business at any meeting may be changed by a majority vote of the members of the Council present at such meeting or by the Mayor with consent of the Council.
[1972 Code § 2-17; Ord. No. 1247]
Except as otherwise required by the statutes, or specifically provided in these Bylaws, all action of the Council shall be by a majority vote of those present.
[1972 Code § 2-18; Ord. No. 1247]
Upon demand of one member of the Council or when ordered by the Mayor, or when directed by statute or upon demand of one member of the Council, a roll call vote shall be taken and the yeas and nays entered in the minutes of the meeting.
Appointment of Standing Committees of Council
[1972 Code § 2-19; Ord. No. 1247; Ord. No. 1740-98 § 2; Ord. No. 1801-99]
The Council shall, by a vote of a majority of its Members, appoint all Committee Members.
[1972 Code § 2-20; Ord. No. 1247; Ord. No. 1623-94; Ord. No. 2170-14; Ord. No. 2199-15 § 1; Ord. No. 2219-2016 § 1; Ord. No. 2249-18]
The following standing committees of the Council, consisting of three council members each shall be appointed at the annual meeting:
a. 
Administration;
b. 
Finance;
c. 
Recreation;
d. 
Code;
e. 
Public Safety;
f. 
Public Works.
[1972 Code § 2-21; Ord. No. 1247]
Each Councilperson shall be Chairman of at least one of the Standing Committees named in subsections 2-5.19 through 2-5.25, and a member of not less than two others.
[1972 Code § 2-22; Ord. No. 1247]
The Standing Committees are appointed to expedite and facilitate the work of the Council, but only within statutory limits as the entire Council is held responsible for any or all of its acts performed within the scope of authority.
a. 
A Standing Committee shall:
1. 
Meet when requested by the Chairman, or a majority of the committee, and all members thereof shall participate actively in the committee deliberations, performance of duties and the formulation of its recommendations to the Council.
2. 
Plan, study, direct, and carry on the routine activities for which it has primary responsibility.
3. 
Perform such acts as may be assigned to it by the Council.
4. 
Report and make recommendations to the Council regarding its responsibilities and activities.
b. 
Except as provided above, a Standing Committee shall not:
1. 
Exceed its budgetary appropriations without prior approval of the Council.
2. 
Make promises or commitments to anyone which directly, or by inference, bind the Council.
[1972 Code § 2-23; Ord. No. 1247; Ord. No. 2170-14; Ord. No. 2199-15 § 3]
Advisory Committees may be appointed by the Council for purposes other than those included in the duties of the Standing Committees and shall include, but not limited to, the following:
a. 
Personnel.
b. 
Shared Services.
A Chairman and Vice Chairman shall be named by the Council for the selected Advisory Committee(s) and a third member shall be the Chairman of the affected Standing Committee as determined by Council.
[1972 Code § 2-24; Ord. No. 1247; New]
In case of death, resignation, removal from office, or incapacity of any Committee Chairperson, the Council shall, by a vote of a majority of its members, shall appoint the successor Chairperson. The Council may, by vote of a majority of its members, change existing Committee assignments and/or Chairpersons when it is in the best interest of the Borough to do so.
[1972 Code § 2-25; Ord. No. 1247]
The Chairman of each Standing or Special Committee shall be prepared to report to the Mayor and Council at each regular meeting on principal activities and achievements of his committee.
Duties of Standing Committees of the Council[1]
[1]
Editor's Note: Prior source history includes 1972 Code § 2-26 through 2-31.1; Ord. No. 1247; Ord. No. 1623-94.
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Administration Committee shall have primary responsibility for the following described activities and matters:
a. 
Office of the Administrator.
1. 
Personnel and Contract Negotiations.
2. 
Shared services not covered by other committees.
3. 
Affordable housing.
b. 
Office of the Borough Clerk.
1. 
Municipal Docks and Dock Operations.
2. 
Buildings not used for Recreational Purposes.
3. 
Utilities.
4. 
Borough Communications.
c. 
Chairperson of Committee or their designee shall be the Council liaison to the:
1. 
Cable TV Advisory Committee.
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Finance Committee shall have primary responsibility for the following described activities and matters:
a. 
Office of the Chief Financial Officer.
b. 
Department of Finance.
c. 
Office of the Tax Collector.
d. 
Office of the Tax Assessor.
e. 
Grants not covered by other Committees.
f. 
Chairperson of Committee or their designee shall be the Council liaison to the:
1. 
Manasquan Board of Education.
2. 
Manasquan Library.
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Recreation Committee shall have primary responsibility for the following described activities and matters:
a. 
Recreation Department.
b. 
Beach Utility.
c. 
Grounds Used for Recreational Purposes as determined by the Council.
d. 
Beach Property including Parking Lots.
e. 
Buildings Used for Recreational Purposes.
f. 
Chairperson of Committee or their designee shall be the Council liaison to the:
1. 
Tourism Commission.
2. 
Recreation Commission.
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Code Committee shall have primary responsibility for the following described activities and matters:
a. 
Code Enforcement Department.
b. 
Zoning Office.
c. 
Construction Office.
d. 
Chairperson of Committee or their designee shall be the Council liaison to the:
1. 
Construction Board of Appeals.
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Public Safety Committee shall have primary responsibility for the following described activities and matters:
a. 
Municipal Court.
b. 
Police Department.
c. 
Office of Emergency Management.
d. 
Public Health and Drug Awareness and Prevention.
e. 
Chairperson of Committee or his designee shall be the liaison to the:
1. 
Fire District.
2. 
First Aid Squad.
3. 
Office of Emergency management.
4. 
Shore Community Alliance.
[Ord. No. 2219-2016 § 2; Ord. No. 2249-18]
The Public Works Committee shall have primary responsibility for the following described activities and matters:
a. 
Department of Public Works.
b. 
Water and Sewer Department and Utility.
c. 
Buildings and Grounds Maintenance.
d. 
Sanitation and Recycling.
e. 
Street Lighting.
f. 
Chairperson of Committee or his designee shall be the liaison to the:
1. 
Sea Lavender Garden Club.
2. 
Shade Tree Commission.
[Ord. No. 2170-14; Ord. No. 2219-2016 § 3]
Council shall appoint liaisons to the following:
a. 
Open Space Committee.
b. 
Construction Board of Appeals.
c. 
Environmental Commission.
d. 
Manasquan Library.
e. 
Board of Education.
f. 
Chamber of Commerce.
g. 
Cable TV Advisory Committee.
h. 
Planning Board.
Seal
[1972 Code § 2-32; Ord. No. 1247]
The Seal of the Borough shall be as hereinafter impressed.
[1972 Code § 2-33; Ord. No. 1247]
The seal shall be in the custody of the Clerk and shall be impressed on all appropriate documents or papers.
Officers and Employees
[New]
There shall be a Municipal Clerk appointed by the Mayor and Borough Council. The term of Office of the Clerk shall be three years.
[New]
No person shall be appointed as Municipal Clerk unless he shall have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[New; Ord. No. 2035-08 § 2]
The Municipal Clerk shall:
a. 
Act as secretary of the municipal corporation and custodian of the municipal seal and 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;
b. 
Act as secretary to the Borough Council, prepare meeting agendas at the discretion of the Council, be present at all meetings of the Council, retain the original copies of all ordinances and resolutions, and record the minutes of every meeting;
c. 
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;
d. 
Serve as chief registrar of voters in the Borough, subject to the requirements of Title 19 of the New Jersey Statutes Annotated;
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;
1. 
The Borough Council designates the Municipal Clerk of the Borough of Manasquan as the person having authority to approve the granting of raffle and bingo licenses pursuant to the terms of N.J.S.A. 13:47-1.1.
f. 
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;
g. 
Perform such other duties as are now or hereafter imposed by statute, regulation or by ordinance or regulation.
[1]
Editor's Note: See also Section 2-5, Bylaws of the Council, and subsection 2-5.8, Duties of the Municipal Clerk.
[New]
a. 
Office Created. Pursuant to N.J.S.A. 40:46-2.1 the off-ice of Deputy Municipal Clerk is hereby created in the Borough.
b. 
Appointment and Confirmation. The Deputy Municipal Clerk shall be appointed by the Mayor and confirmed by the Council in accordance with the laws relating to appointive officers.
c. 
Terms of Office. The term of office of the Deputy Municipal Clerk shall be for one year and shall continue until the successor to the office shall have been appointed and confirmed or until the office shall have been abolished.
d. 
Powers and Duties. The Deputy Municipal Clerk shall assist and be under the direction of the Municipal Clerk in the performance of his duties and shall perform such other duties as the Borough Council may prescribe. In the absence or temporary disability of the Municipal Clerk, the Deputy Clerk shall perform the duties of the Municipal Clerk.
e. 
Compensation. The compensation of the Deputy Municipal Clerk shall be as provided in the Salary Ordinance.
[New]
By virtue of N.J.S.A. 40A:9-140.1, the New Jersey Legislature mandated that the Governing Body of each municipality must, by ordinance, create the position of Chief Financial Officer.
[New]
There is hereby created the position of Certified Municipal Financial Officer of the Borough of Manasquan in accordance with N.J.S.A. 40A:9-140.1. The Chief Financial Officer shall be appointed by the Mayor with the approval of the Borough Council for a four-year term commencing January 1 of the year in which he/she is appointed. The Governing Body may appoint such Assistant or Deputy Municipal Financial Officers as it sees fit.
[New]
The Chief Financial Officer shall:
a. 
Receive funds entrusted, received or under the control of any department and deposit all funds received by him/her 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 cash 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.
[New]
The Chief Financial Officer and any Assistants or Deputies shall receive such compensation as shall be prescribed in the Salary Ordinance of the Borough.
[New]
a. 
Notwithstanding the provisions of any other law to the contrary, any person who has served as the Chief Financial Officer of the Borough for four consecutive years and who is reappointed as the Borough's Chief Financial Officer shall be granted tenure of office upon filing with the Municipal Clerk and with the Division of Local Government Services in the Department of Community Affairs a notification evidencing his compliance with this section.
b. 
Thereafter, the person shall continue to hold office during good behavior and efficiency, and shall not be removed therefrom except for just cause and then only after a public hearing upon a written complaint setting forth the charge or charges against him pursuant to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification by the Director pursuant to N.J.S.A. 40A:9-140.12.
[Ord. No. 2086-11 § 1]
There is hereby created the position of Purchasing Agent for the Borough of Manasquan.
[Ord. No. 2086-11 § 2]
The Purchasing Agent shall be appointed by the Governing Body.
[Ord. No. 2086-11 § 3]
The Purchasing Agent is required to possess a valid Qualified Purchasing Agent certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs.
[Ord. No. 2086-11 § 4]
The Purchasing Agent shall have, on behalf of the Governing Body of the Borough of Manasquan, the authority, responsibility and accountability for the purchasing activity pursuant to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for and to receive bids and requests for proposals for the provision or performance of goods, services and construction contracts; to award contracts pursuant to New Jersey law in accordance with the regulations, forms and procedures promulgated by State regulatory agencies; and conduct any activities as may be necessary or appropriate to the purchasing function of the Borough of Manasquan.
[New]
The Mayor and Borough Council shall provide for the appointment of a Tax Assessor.
[New]
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]
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 Township 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 Township Committee as to equalization proceedings and other matters involving the County Tax Board and make recommendations as to action to be in that regard.
[New]
The Mayor and Borough Council shall determine the amount of compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years. Vacancies other than due to expiration of term shall be filled by appointment for the unexpired term.
[New]
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 upon real property in the Borough.
[New]
The Tax Collector shall hold office for a term of four years from January 1 next following his appointment. Vacancies other than those due to expiration of term shall be filled by appointment for the unexpired term.
[New]
In accordance with N.J.S.A. 40A:9-139 there is hereby created by the Borough of Manasquan the position of Borough Attorney.
[New]
The Borough Attorney shall be a duly licensed Attorney-at-Law of the State of New Jersey.
[New]
The Borough Attorney shall be appointed by the Mayor with the confirmation of the Borough Council, and shall hold such position for a term of one year from January 1 of the year in which the appointment is made.
[New]
a. 
The Borough Attorney shall serve as legal advisor to the Governing Body and to the Borough Officers and employees on matters pertaining to their duties, to represent the Borough in litigations except where the Borough Council directs otherwise, to draft all contracts, ordinances or other documents needed by the Borough and to render such other legal services as may be required by the Borough Council.
b. 
It shall be the duty of the Attorney to see to the full enforcement of all judgments or decrees rendered or entered in favor of the Borough and of all similar interlocutory orders.
c. 
It shall be the duty of the Attorney to see to the completion of all special assessment proceedings and condemnation proceedings.
[1972 Code § 22-1; Ord. No. 964]
The position of Prosecutor is hereby established in the Borough of Manasquan.
[1972 Code § 22-2]
The Municipal Court Prosecutor shall be a duly licensed Attorney-at-Law of the State of New Jersey.
[1972 Code § 22-2]
The Municipal Court Prosecutor shall be appointed by the Mayor and confirmed by the Borough Council for a term of one year effective January 1 of each year and until December 31 of the same year and until the appointment and qualification of his successor.
Former subsection 2-14.4, Compensation, previously codified herein, was repealed in its entirety by Ord. No. 2079-11.
[1972 Code § 22-3; New]
The Prosecutor shall, under the direction of the Mayor and Council, represent the Borough in the Municipal Court of the Borough of Manasquan.
The Prosecutor shall exercise such powers and duties as are assigned to such office by the Statutes of New Jersey and such other authority as may be assigned by the Borough Council.
[Ord. No. 1738-98 § 2]
There is hereby established the position of Municipal Public Defender. This position shall be filled by an appointment by the Mayor with the advice and consent of the Borough Council.
[Ord. No. 1738-98 § 3]
The term of office of the Municipal Public Defender shall be one year, commencing January 1 of the calendar year of appointment and concluding December 31 of that same year; provided however, the Municipal Public Defender may continue to serve in office pending reappointment or appointment of a successor.
[Ord. No. 1738-98 § 4]
The Municipal Public Defender shall be an attorney at law of the State of New Jersey.
[Ord. No. 1738-98 § 5]
In addition to any other means provided by law for the removal from office of a public official, the Municipal Public Defender may be removed by the Governing Body for good cause shown and after a public hearing, and upon due notice and an opportunity to be heard.
[Ord. No. 1738-98 §§ 6, 7]
a. 
The Municipal Public Defender shall represent persons as directed by the Municipal Court Judge.
b. 
The Municipal Public Defender shall have the powers, duties and obligations provided in P.L. 1997, c. 256.
[Ord. No. 1738-98 § 8]
If a vacancy in the position of Municipal Public Defender shall occur other than by expiration of the term of office, it shall be filled by an appointment by the Mayor with the advice and consent of the Borough Council for the unexpired term.
Former subsection 2-15.7, Compensation, previously codified herein and containing portions of Ordinance No. 1738-98, was repealed in its entirety by Ordinance No. 2079-11.
[Ord. No. 1738-98 §§ 10-13; Ord. No. 2180-15]
a. 
Application for Service. In order to obtain the services of the Municipal Public Defender, an application must be filed in the Municipal Court. The Municipal Court Judge shall make a decision regarding entitlement of a defendant to representation by the Municipal Public Defender in accordance with the provisions of P.L. 1997, c. 256.
b. 
Application Fee.
1. 
A defendant seeking to obtain the services of the Municipal Public Defender shall be required to pay an application fee as stated in Chapter 16, Fees. This application fee shall be paid by each defendant making application for the services of the Municipal Public Defender regardless of whether such defendant is found to be eligible for these services by the Municipal Court Judge.
2. 
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 defendant that the application fee represents an unreasonable burden. The Municipal Court may permit a defendant to pay the application fee over a specific period of time not to exceed four months.
c. 
Application Fees to be Deposited in Dedicated Fund; Purpose. Application fees collected by the Municipal Court shall be deposited in a dedicated fund administered by the Chief Financial Officer of the Municipality. These funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, where required, expert and lay investigation and testimony.
d. 
Reimbursement of Costs of Services Rendered.
1. 
If a defendant has or reasonably expects to have means to meet some part, though not all, of the cost of services rendered, the defendant shall be required to reimburse the Municipality, either by a single payment or in installments in such amounts as that person can reasonably be expected to pay; provided however, no default or failure in making payment shall affect or reduce the rendering of services by the Municipal Public Defender.
2. 
The Municipality shall have a lien on any property which the defendant receiving services of the Municipal Public Defender shall have or subsequently acquire in an amount equal to the reasonable value of the services rendered to that defendant by the Municipal Public Defender. The value of services shall be calculated at the same rate as the Office of the Public Defender bills clients at that time.
3. 
The Municipal Attorney shall have the power and authority to effectuate a lien for the Municipality in accordance with the provisions of P.L. 1997, c. 256.
[1972 Code § 18-21; Ord. No. 1142]
a. 
There is hereby established the position of Local Historian in the Borough, pursuant to N.J.S.A. 40:10A-1 et seq.
b. 
The Local Historian shall be appointed by the Mayor for a term of one year, commencing on January 1st in the year in which the appointment is made. A vacancy in the term of the Local Historian shall be filled for the unexpired term only.
c. 
The Local Historian shall serve without compensation.
d. 
The Local Historian shall have the powers, duties and responsibilities as shall be authorized by N.J.S.A. 40:10A-1 et seq.
[1972 Code § 18-38; Ord. No. 1366]
a. 
The position of Emergency Management Coordinator is hereby created.
b. 
The person employed in this position shall be responsible for the development, coordination and activation of a municipal mutual aid and emergency management plan; shall request, when needed, emergency management facilities and services available from the County and State governments, and shall perform such duties as the Mayor and Council may direct.
[Ord. No. 2143-13; Ord. No. 2266-18]
a. 
The position of Hazard Mitigation Program Coordinator is hereby created.
b. 
The Coordinator shall be responsible for implementation of the municipal hazard mitigation program, which includes developing and maintaining the municipal Hazard and Flood Mitigation Plan, acquisition and maintenance of public warning and emergency response equipment, assisting the municipal CRS Coordinator with maintenance and development of the CRS Program, including Activity 330 - Outreach; Activity 350 - Flood Protection Information; Activity 440 - Flood Data Maintenance; Activity 510 - Floodplain Management Planning and Activity 610 - Flood warning Program, and all emergency protective measures as defined by FEMA Category B.
c. 
The Coordinator shall provide technical review and analysis of conceptual plans, cost estimates, engineering plans and specifications, grant applications, bidding and contract documents including change orders on assigned projects as required.
d. 
The Coordinator shall provide regular project updates, including the status of construction, grant awards, budgets, design changes, schedule impacts, etc. to the Municipal Administrator.
e. 
The Coordinator shall attend meetings and field visits with the Borough Engineer, contractors, municipal officials, regulatory agencies, etc. in order to ensure municipal representation and coordination.
f. 
The Coordinator shall attend Borough Council and committee meetings as required to provide updates to the governing body and general public as required.
g. 
The Coordinator will require specialized training, attendance at meetings, preparing submittals and budgets, project management and program administration in order to achieve the objectives of the position.
h. 
The salary for the position of Hazard Mitigation Program Coordinator shall be paid at the rate of $50 per hour.
[Ord. No. 2222-2017; amended 2-19-2019 by Ord. No. 2275-19]
a. 
The position of Superintendent of Recreation is hereby created.
b. 
The person employed in this position shall be responsible for directing annual budget preparations and policy recommendations for the recreation, open space, and beach budgets. Included in the responsibilities are budget preparation, direct acquisition, design, construction, and operation of recreation and beach facilities, and arranges for the maintenance of recreation on beach facilities, administers the policies of the Mayor and Council for the Beach and Recreation Department.
c. 
Studies community beach and recreation needs and develops immediate and long-range plans to meet these needs.
d. 
Reviews effectiveness of recreation and beach services.
e. 
Prepares reports for Mayor and Council on a quarterly and annual basis.
f. 
Prepares budget estimates and maintains records of expenses in accordance with the Borough of Manasquan Department of Finance Policies and Procedures.
g. 
The salary for the position of Superintendent of Recreation shall be determined by the Mayor and Council of the Borough of Manasquan.
[1972 Code § 21-1; Ord. No. 1630-94]
There is hereby created in and for the Borough of Manasquan a Police Department which shall consist of a Chief of Police and such members and officers as shall be deemed necessary by the Borough Council which shall determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions together with their compensation. Officers and members of the Police Department shall be appointed by resolution of the Borough Council.
[1972 Code § 21-2; Ord. No. 1630-94]
The Police Department shall: Preserve the public peace; protect life and property; detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Manasquan; direct and control traffic; provide attendance and protection during emergencies; provide appearances in court; cooperate with all other law enforcement agencies; and provide training for the efficiency of its members and officers.
[1972 Code § 21-4; Ord. No. 1630-94; Ord. No. 2170-14]
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 operation. Pursuant to policies established by the Public Safety Committee, the Chief of Police shall:
a. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
b. 
Have, exercise and discharge the functions, powers and duties of the Police Department;
c. 
Prescribe the duties and assignments of all members and officers;
d. 
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; and
e. 
Report at least monthly to the Public Safety Committee in such form as shall be prescribed on the operation of the Police Department during the preceding month and make such other reports as may be requested by the Public Safety Committee.
[1972 Code § 21-5; Ord. No. 1630-94; Ord. No. 2170-14]
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Public Safety Committee may also require that an applicant for appointment to the Police Department shall successfully complete a physical, mental and psychological examination.
[1972 Code § 21-6; Ord. No. 1630-94]
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's Rules and Regulations.
[1972 Code § 21-7; Ord. No. 1630-94; Ord. No. 2210-2016]
The Borough Council may appoint Special Law Enforcement Officers in accordance with New Jersey Statutes for terms not exceeding one year. They shall possess and exercise all the powers and duties provided by the statutes during their term in office, but shall not be continued as regular members of the Police Department and shall not be entitled to tenure. The Chief of Police may authorize Special Law Enforcement Officers when on duty to exercise the same powers and authority as regular members of the Police Department including the carrying of firearms and the power of arrest.
The number of Special Law Enforcement Officers designated as Class One members shall not exceed 50 persons. The number of Special Law Enforcement Officers designated as Class Two members shall not exceed 50 persons.
a. 
Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. If authorized by ordinance, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
[1972 Code § 21-8; Ord. No. 1630-94; Ord. No. 2170-14]
The Chief of Police shall report to the Chairmember of the Public Safety Committee all charges preferred against any member of the Police Department, and the Chief of Police may for adequate cause suspend any member of the Police Department pending trial.
[1972 Code § 21-9; Ord. No. 1630-94]
The Mayor and Borough Council shall try all cases or charges against any member of the Police Department and its decision by a majority vote shall be final.
[1972 Code § 21-10; Ord. No. 1630-94; Ord. No. 2170-14]
During the illness or absence of the Chief of Police, the Chairmember of the Public Safety Committee shall designate a Police Officer who shall execute and discharge the duties of the Office of the Chief of Police pro tem and who shall, at all times, discharge such duties as may be prescribed by the Chief of Police with the approval of the Public Safety Committee.
[1972 Code § 21-55; Ord. No. 1630-94; Ord. No. 1820-2000 § 2; Ord. No. 2170-14]
There is hereby adopted, upon recommendation of the Public Safety Committee, for the purpose of establishing rules and regulations for the operation and government of the Manasquan Police Department a manual entitled "Manasquan Police Department Rules and Regulations." The aforesaid manual is incorporated by reference in this ordinance, and three copies of the manual are on file in the Office of the Municipal Clerk.
The rules and regulations for the operation of the government of the Manasquan Police Department as contained in the "Manasquan Police Department Rules and Regulations" may be changed, altered, supplemented and amended by resolution duly adopted by the Borough Council upon recommendation of the Public Safety Committee.
[1972 Code § 21-61; Ord. No. 996]
a. 
Purpose. The purpose of this section is to set standards of appearance for Police Officers of the Borough of Manasquan.
b. 
Application of Provisions. This section shall be binding on all Police Officers while on duty, except when their assignments or duties permit a departure from these requirements. Any departure from these requirements shall be approved by the Chief of Police.
c. 
Personal Appearance; Equipment.
1. 
Every Police Officer while on duty shall, at all times, be neat and clean in person, his clothes clean and pressed and his uniform in conformity with standards established by the Chief of Police.
2. 
As often as necessary, every Police Officer shall examine and clean his equipment and keep it in good serviceable condition.
d. 
Hair Standards for Male Officers. The standards for hairstyles and facial hair growth for male Police Officers shall be as follows:
1. 
Hair.
(a) 
The style of hair shall be neat, clean and trimmed and shall present a groomed appearance.
(b) 
Bushy or shaggy hair protruding from the sides or back of the head when a hat is worn is prohibited.
(c) 
A neat pattern on the rear of the neck shall be maintained. The growth must be neatly trimmed near the collar line and shall not extend over a shirt or coat collar.
(d) 
Hair shall not cover any part of the ears.
(e) 
In no case will the bulk or length of the hair interfere with the proper fit or use of any authorized headgear.
2. 
Sideburns.
(a) 
The length shall not extend beyond the tip of the ear lobe.
(b) 
The width shall not exceed 1 1/4 inches at the broadest point.
(c) 
The growth shall not be more than 1/4 inch in depth.
(d) 
Flared sideburns or sideburns known as "porkchops" are prohibited.
3. 
Mustaches.
(a) 
The pattern shall be neatly trimmed.
(b) 
The growth shall not extend beyond the corner of the mouth.
(c) 
The thickness shall not exceed 1/2 inch in depth and shall not appear bushy or shaggy.
(d) 
The ends may not be waxed or twisted.
4. 
Beards and Goatees.
(a) 
Full beards, goatees or other growths of hair below the lower lip, on the chin, or lower jawbones are prohibited.
(b) 
Personnel with a medical condition which precludes shaving shall be required to present a written statement, signed by a medical doctor, verifying such condition. In the event that a beard must be maintained due to a medical condition, it must be kept trimmed symmetrically and all beard hairs shall be kept trimmed so that they do not protrude more than 1/2 inch from the skin surface of the face.
5. 
Clean Shaven. Except for the areas of facial growth permitted herein, all members shall be clean shaven at all times while on duty.
[Ord. No. 1820-2000 § 1; Ord. No. 2170-14]
The Public Safety Committee shall consist of three members of the Borough Council to be appointed pursuant to Chapter II of the Borough Code, and is designated as the appropriate authority relating to police functions for the adoption and promulgation of rules and regulations for the government of the police force and for the discipline of its members. The Public Safety Committee shall be responsible for the overall performance of the Police Department. Upon recommendation of the Public Safety Committee, the Borough Council shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
[1]
Editor's Note: See also subsection 2-5.27 for additional duties of the Public Safety and Recycling Committee.
[1972 Code § 22A-1; Ord. No. 1308]
There is hereby created the Department of Public Works of the Borough of Manasquan. The Department shall consist of the Superintendent of Public Works, who shall be the head of the Department of all officers and employees assigned thereto. All such officers and employees shall perform their duties subject to the supervision of the Superintendent of Public Works.
[1972 Code § 22A-2; Ord. No. 1308]
The Department of Public Works shall have charge of and supervision of the care, maintenance and construction of the following:
a. 
Water supply and distribution facilities;
b. 
Sanitary sewer facilities;
c. 
Public streets and other public ways;
d. 
Storm water and drainage facilities;
e. 
Municipally owned properties, parks, playgrounds and other recreational facilities, which are not assigned to some other department or officer of the Borough; and
f. 
Solid waste disposal other than such services as contracted for by the Borough.
[1972 Code § 22A-3; Ord. No. 1308]
All officers and employees of the Public Works Department shall be appointed by resolution of the Borough Council.
[1972 Code § 18-18; Ord. No. 1068; Ord. No. 2199-15]
a. 
Position Established. The position of Superintendent of Public Works is hereby established.
b. 
Duties. The duties of the person employed in this position shall be as follows:
1. 
To assume full and complete responsibility of all functions of the Water and Sewer Department, including the supervision and deployment of all personnel therein. The Public Works Superintendent shall establish all policy procedures with respect to the Water and Sewer Department subject to the approval of the Public Works and Property Committee and/or Council and shall also prepare performance and evaluation reports to be submitted to the Public Works and Property Committee on a quarter-annual basis.
2. 
To assume full and complete responsibility of all functions of the Street Department, including the supervision and deployment of all personnel therein. The Public Works Superintendent shall establish all policy procedures with respect to the Street Department subject to the approval of the Public Works and Property Committee and/or Council and shall also prepare performance and evaluation reports to be submitted to the Public Works and Property Committee on a quarter-annual basis.
3. 
To assume full and complete responsibility of all functions of the Parks Department, including the supervision and deployment of all personnel therein. The Public Works Superintendent shall establish all policy procedures with respect to the Parks Department subject to the approval of the Public Works and Property Committee and/or Council and shall also prepare performance and evaluation reports to be submitted to the Public Works and Property Committee on a quarter-annual basis.
4. 
The Public Works Superintendent shall have the authority to transfer or assign personnel to the Departments set forth above in order to promote the efficient deployment of personnel to the Departments.
[1972 Code § 6-1]
The major public beach, Stockton Beach Park and all walkways and accessories thereto, all buildings, recreational facilities, parking lots and equipment located thereon or operated in connection therewith shall hereafter be operated under a separate department of the Borough to be known as the Beach Department.[1]
[1]
Editor's Note: All of the lands on the Manasquan beachfront between the monumented beachfront line on the west and the Atlantic Ocean on the east, Manasquan Inlet on the south and the Borough of Sea Girt on the north, being known and designated on the Municipal Tax Map as Block 165, Lot 33 and Block 180, Lot 1, with the exception of the lands formerly known as the Manasquan Fisheries (Sea Watch), Block 165, Lot 32, lands known as Stockton Beach Park, Block 163, Lot 1, bounded on the north by the Borough of Sea Girt, on the east by Second Avenue on the south and west by Stockton Lake and Outlet Creek, and lands known as Block 169.03, Lot 11, Block 169.02, Lot 30, and Block 173, Lots 1.01 and 1.04.
[1972 Code § 6-2]
The Beach Department hereby established shall be operated as a separate utility of the Borough of Manasquan.
[1972 Code § 6-3]
All revenue received from the operation of the beach utility shall hereafter be kept in separate accounts so designated as to distinguish same from the general revenue of the Borough and kept in the same manner as all municipal utility funds are kept.
Municipal Court
[1]
Editor's Note: The Municipal Court was originally established by Ord. No. 622 and codified in the 1972 Code as Chapter 8.
[1972 Code §§ 8-1, 8-2]
There is hereby established in the Borough of Manasquan, pursuant to N.J.S.A. 2B:12-1 et seq., as amended and supplemented, a Municipal Court which shall be entitled the "Municipal Court of the Borough of Manasquan."
[1972 Code § 8-3]
The Municipal Court of the Borough of Manasquan shall have a seal which shall bear the impress of the name of the Court.
[1972 Code § 8-4]
The Judge of the Municipal Court shall be appointed by the Mayor with the advice and consent of the Council. The Judge of the Municipal Court shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy caused other than by expiration of term shall be made for the unexpired term only.
[1972 Code § 8-5; New]
The Municipal Court shall have, possess and exercise all the functions, powers, duties and jurisdiction, both territorial and subject matter, in such matters as conferred upon the Court pursuant to N.J.S.A. 2BA:12-1 et seq., as amended and supplemented, and by any other Acts of the State Legislature.
[New]
The salary of the Municipal Court Judge shall be an annual salary as established in the Salary Ordinance.
[New]
The Mayor and Council shall provide for a Municipal Court Administrator, Deputy Court Administrator and any other necessary clerical and other assistants as may be required for the Municipal Court. Compensation for the Municipal Court Administrator, Deputy Court Administrator and other Court personnel shall be established in Salary Ordinance.
Boards, Committees and Commissions
[1]
Editor's Note: Enforcement of the Board of Health regulations is provided by contract with the Monmouth County Health Department.
[1972 Code § 15-1]
There shall be in and for this Borough a Board of Health in accordance with an act to establish in this Borough a Board of Health and Bureau of Vital Statistics and to define their respective powers and duties, approved March 31, 1887, and the several supplements thereto, and more particularly as set forth in N.J.S.A. 26:3-1 et seq., but not limited thereby.
[1972 Code §§ 15-2, 15-6; Ord. No. 874; Ord. No. 1043]
The Board of Health shall consist of five members. All members of the Board shall hold office for the term of four years. The members of the Board of Health shall be appointed by the Mayor with the advice and consent of the Borough Council. Vacancies shall be filled for the unexpired term.
[1972 Code § 15-3]
The Board of Health shall adopt rules and regulations for its own government and shall elect a President from its own members.
[1972 Code § 15-4]
The Board of Health shall appoint a Registrar of Vital Statistics, Clerk and Sanitary Inspector, and it may also appoint such other officers or assistants as the Board of Health may deem necessary. All appointees shall be governed by the rules of the Board, and they may be removed for cause by the Board.
[1972 Code § 15-5]
The Board of Health shall not contract any debts of any kind beyond the amount of the appropriations made for its use by the Mayor and Council.
[1972 Code §§ 23-1 to 23-5; Ord. No. 1091; Ord. No. 1753 § 1; Ord. No. 2060-09 §§ 1, 2; amended 2-19-2019 by Ord. No. 2274-19]
There is hereby established a Recreation Committee in the Borough.
The Board shall consist of seven members who shall be citizens and residents of the Borough.
a. 
Term. The initial appointments to the Committee shall be for a term of five years for four members and four years for three members. Thereafter all terms of appointment shall be for five years.
b. 
Vacancies. Vacancies in the term of any Committee member shall be filled for the unexpired term only.
c. 
Compensation. The Committee members shall receive no compensation for their services.
The members of the Committee shall be appointed by the Mayor.
a. 
There are hereby established two alternate members to the Committee. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The initial term of Alternate No. 1 shall be five years and the initial term of Alternate No. 2 shall be four years. Thereafter, the alternate members to the Committee shall be appointed for a term of five years.
b. 
A vacancy occurring otherwise than by expiration of term shall be filled by the governing body for the unexpired term only.
a. 
The Manasquan Senior Citizen Organization is officially merged into and shall become a part of the Manasquan Recreation Committee.
b. 
One member of the Recreation Committee shall be designated by the Recreation Committee as liaison to the Manasquan Senior Citizen Organization, which shall continue to exist as a group under the authority of the Recreation Committee.
[1972 Code § 28-1; Ord. No. 1085; Ord. No. 2088-11 § 1]
The regulation, planting, care and control of shade trees and ornamental trees and shrubbery upon or in public highways, parks or parkways of the Borough shall be exercised by and under the authority of a Commission consisting of seven residents, five of whom shall be regular members and two of whom shall be alternate members designated as "Alternate No. 1" and "Alternate No. 2," and shall all be residents of the Borough of Manasquan, which shall have the power and authority conferred by law.
The terms of the alternate members shall commence on January 1st of the year of the appointment and shall be for a term of five years with the exception of the initial term of Alternate No. 2 which shall be for four years.
[1972 Code § 28-2; Ord. No. 1085]
The Commission shall be known as the "Shade Tree Commission of the Borough of Manasquan," shall be appointed by the Mayor within the time provided by law and shall serve without compensation, except as is provided by law. All appointments, except appointments for unexpired terms in the event of vacancy, shall be for terms of five years, to commence on January 1. The members of the Commission shall annually elect a Chairman from among their number.
[1972 Code § 30-1; Ord. No. 1553-91]
There is hereby established a Tourism Commission in the Borough of Manasquan.
[1972 Code § 30-2; Ord. No. 1553-91; Ord. No. 1752-98 § 1]
The Commission shall consist of 14 members; provided however, not more than three members of the Governing Body shall serve as Commissioners.
[1972 Code § 30-3; Ord. No. 1553-91; Ord. No. 1752-98 § 2]
a. 
The Commissioners first appointed shall hold office for the respective terms: five Commissioners for one year, five Commissioners for two; and four Commissioners for three years.
Thereafter, all appointments to the Commission shall be for a term of three years.
b. 
Vacancies in the term of any Commissioner shall be filled for the unexpired term only.
c. 
A Commissioner shall receive no compensation for his or her services.
[1972 Code § 30-4; Ord. No. 1553-91]
The Commissioners of the Tourism Commission shall be appointed by the Mayor.
[1972 Code § 30-5; Ord. No. 1553-91]
The Tourism Commission shall through its programs and resources provide an optimum of satisfaction and high-quality service to residents and visitors of the community, protect the natural beauty of Manasquan, and promote the economic health of the municipal tourist industry.
[1972 Code § 9-1; Ord. No. 165-95]
There is hereby established a Local Emergency Management Council pursuant to N.J.S.A. App. A:9-41.
[1972 Code § 9-2; Ord. No. 1656-95]
The Local Emergency Management Council shall be composed of 15 members who shall be appointed by the Mayor and hold office at the will and pleasure of the appointing authority.
[1972 Code § 9-3; Ord. No. 1656-95]
The Emergency Management Coordinator shall be a member and serve as Chairman of the Local Emergency Management Council.[1]
[1]
Editor's Note: See subsection 2-19.2 for the creation and duties of the Emergency Management Coordinator.
[1972 Code § 9-4; Ord. No. 1656-95]
The Local Emergency Management Council shall assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all Local Emergency Management activities in accordance with the rules and regulations established by the Governor of the State of New Jersey.
[1972 Code § 9-5; Ord. No. 1656-95]
The Local Emergency Management Council is authorized, within the limits of appropriations, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the municipality.
[1972 Code § 96-6; Ord. No. 1656-95]
It shall be lawful for members of the Local Emergency Management Council also to be members of other agencies created because of any emergency.
[1972 Code § 9-7; Ord. No. 1656-95]
The Local Emergency Management Council shall have all powers as shall be authorized by N.J.S.A. App. A:9-41 et seq.
[1972 Code § 7-1]
Pursuant to N.J.S.A. 40:56A-1, an Environmental Commission is hereby established for the protection, development or use of natural resources within this Borough, including water resources.
[1972 Code § 7-2; Ord. No. 1286; Ord. No. 2088-11 § 2]
The Commission shall consist of nine members, seven of whom shall serve as regular members and two of whom shall serve as alternate members, designated as "Alternate No. 1" and "Alternate No. 2" to be appointed by the Mayor, and all of whom shall be residents of the Borough of Manasquan. Members of the Commission shall serve without compensation, except as hereafter provided. The Mayor shall appoint one member of the Commission to act as Chairman and presiding officer thereof.
The terms of the alternate members shall commence on January 1st of the year of the appointment and shall be for a term of two years with the exception of the initial term of Alternate No. 2 which shall be one year.
[1972 Code § 7-3; Ord. No. 1286]
The terms of office of the first Commissioners, and in the event the Commission is expanded of any additional Commissioner, shall be for one, two, or three years to be designated by the Mayor, who shall make the appointments so that the terms of approximately 1/3 of the members will expire in each year. Thereafter, members shall be appointed for terms of three years and until the appointment and qualification of their successors. The Mayor or Borough Council may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the members 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.
[1972 Code § 7-4]
The Environmental Commission shall have the power to conduct research into the use and possible use of the open land areas of the municipality 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 marshlands, 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, or if none, to the Mayor and Governing Body of the municipality plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.
[1972 Code § 7-5]
The Environmental Commission may, subject to the approval of the Governing Body, acquire property, both real and personal, in the name of the municipality 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 municipality.
[1972 Code § 7-6]
The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Governing Body.
[1972 Code § 6C-1; Ord. No. 1608-93]
There is hereby established a Cable Television Advisory Committee in the Borough.
[1972 Code §§ 6C-2, 6C-6; Ord. No. 1608-93]
The Advisory Committee shall consist of five members, who shall be appointed by the Borough Council.
[1972 Code § 6C-3; Ord. No. 1608-93]
All appointments to the Advisory Committee shall be for a term of three years.
[1972 Code § 6C-4; Ord. No. 1608-93]
Vacancies in the term of any member of the Advisory Committee shall be filled for the unexpired term only.
[1972 Code § 63-5; Ord. No. 1608-93]
Advisory Committee members shall receive no compensation for their services.
[1972 Code § 6C-7; Ord. No. 1608-93]
The Cable Television Advisory Committee shall:
a. 
Monitor and evaluate the operations and services of any cable television franchisee servicing the municipality to determine compliance with applicable municipal ordinances and franchising agreements.
b. 
Monitor and evaluate the community's level of satisfaction with the services of the cable television franchisee.
c. 
Identify the community's cable television related goals and needs.
d. 
Monitor and evaluate legislative, regulatory and technological developments in the field of cable television.
e. 
Oversee the operation of any municipal access channel which may be established.
f. 
Advise the Office of Cable Television of any complaints or problems relating to a cable television franchise in the municipality, and with the consent of the Borough Council, appear at any official hearings conducted by the Office of Cable Television.
g. 
Coordinate efforts amount various municipal organizations, groups and governmental agencies to recommend local program content on cable television and promote coverage of public affairs, educational and sports events.
h. 
Establish relations with other communities being served by the cable television franchisee and any Statewide organizations to assure input and programming and services beneficial to subscribers and the municipality.
i. 
Evaluate all issues related to franchise renewal.
j. 
Periodically report on its activities to Borough Council.
[Ord. No. 2072-10]
The Borough Council shall appoint one member of the Cable Television Advisory Committee to the unpaid position of Director of Television Services. This position shall be for a term of one year. The duties of the Director of Television Services shall be as follows:
a. 
Oversee the daily operation of the Manasquan Access Channel Television Station and Studio.
b. 
Coordinate the Borough and High School television programs.
c. 
Act as representative of the Manasquan Access Television station and the Cable Television Advisory Committee.
[Ord. No. 1780-99 § 1]
A Local Assistance Board is hereby established pursuant to N.J.S.A. 44:8-115 et seq.
[Ord. No. 1780-99 § 2]
The Local Assistance Board shall be composed of three persons and at least one of them shall be a woman. Members of the Local Assistance Board shall be appointed by the Mayor with the advice and consent of the Borough Council. The members of the Local Assistance Board shall serve without compensation but shall be allowed their necessary and actual expenses.
[Ord. No. 1780-99 § 3]
The term of one member of the Local Assistance Board shall be for one year and such member only may be appointed from among the membership of the Governing Body. The terms of the two other members of the Local Assistance Board shall be for two years each, expiring in alternate years.
The term of each member of the Local Assistance Board shall begin on the first day of January, and each member shall continue in office until his or her successor shall be appointed and shall qualify. Vacancies shall be filled for the unexpired term only.
[Ord. No. 1780-99 § 4]
a. 
The Local Assistance Board shall organize and select a Chairman and a Secretary, and shall appoint a Director of Welfare who shall be the first executive and administrative officer of the Board.
b. 
The Director of Welfare shall hold office for a term of five years from the date of his or her appointment, and shall be paid a salary to be fixed by the Local Assistance Board subject to the approval of the Governing Body.
c. 
In case of vacancy in the office of Director of Welfare, a temporary or acting director may be appointed to serve for not more than 90 days.
d. 
Other employees, including assistants, clerks, investigators and nurses, in such number as may be necessary to properly administer public assistance, shall be appointed in the same manner as other employees of the municipality.
No employee of the Local Assistance Board whose compensation is paid from funds received or appropriated for public assistance or the administration thereof in any manner shall hold any office in any political party.
[Ord. No. 1780-99 § 5]
The Director of Welfare shall:
a. 
Supervise by periodic investigation each person receiving public assistance, such investigation to be made by visitation at least once a month;
b. 
Reconsider from month to month the amount and nature of public assistance given and alter, amend or suspend same when the circumstances so require;
c. 
Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do;
d. 
Keep full and complete records of such investigation, supervision, assistance and rehabilitation, and of all certifications of persons for employment or benefits and cancellations thereof, in such manner and form as required by the Commissioner of the Department of Human Services;
e. 
Bring about appropriate action for commitment to any State or County institution when the best interests of the needy persons would be so served; and
f. 
Carry out all duties and responsibilities established under the provisions of N.J.S.A. 44:8-118 et seq.
[Ord. No. 1883-02 § 1]
There is hereby established an Open Space Committee which shall consist of seven regular members and five alternate members.
[Ord. No. 1883-02 § 2]
a. 
The seven regular members of the Open Space Committee shall be:
1. 
One member of the Environmental Commission to be appointed by the Environmental Commission.
2. 
One member of the Planning Board to be appointed by the Planning Board.
3. 
One member of the Recreation Commission to be appointed by the Recreation Commission.
4. 
One member of the Borough Council to be appointed by the Borough Council.
5. 
Three residents of the Municipality who shall hold no other municipal office, position or employment in the municipal government, to be appointed by the Mayor.
b. 
The five alternate members of the Open Space Committee shall be:
1. 
One member of the Environmental Commission to be appointed by the Environmental Commission, who shall serve in the absence of the regular member appointed by the Environmental Commission.
2. 
One member of the Planning Board to be appointed by the Planning Board, who shall serve in the absence of the regular member appointed by the Planning Board.
3. 
One member of the Recreation Commission to be appointed by the Recreation Commission, who shall serve in the absence of the regular member appointed by the Recreation Commission.
4. 
One member of the Borough Council to be appointed by the Borough Council, who shall serve in the absence of the regular member appointed by the Borough Council.
5. 
One resident of the Municipality who shall hold no other municipal office, position or employment in the municipal government, to be appointed by the Mayor, who shall serve in the absence of one of the three residents who are regular members of the Open Space Committee.
[Ord. No. 1883-02 § 3]
a. 
The regular member and alternate member appointed from the Environmental Commission shall have a term of one year.
b. 
The regular member and the alternate member appointed from the Planning Board shall have a term of one year.
c. 
The regular member and the alternate member appointed from the Recreation Commission shall have a term of one year.
d. 
The regular member and the alternate member appointed by the Borough Council shall have a term which shall correspond with the member's term of elected office.
e. 
The three regular members and one alternate member appointed by the Mayor shall have a term of three years.
f. 
The initial term of office of the three regular members and one alternate member appointed by the Mayor shall terminate on December 31, 2004. The initial term of office of the member of the Borough Council shall terminate on December 31st of the final year of that member's term of elected office. The term of office of all other members shall terminate on December 31, 2002. Thereafter, appointments shall be made with a termination date of December 31st.
[Ord. No. 1883-02 § 4]
a. 
The Open Space Committee shall prepare a report annually making recommendations for the acquisition, development, maintenance and/or preservation of lands, easements and development rights for recreation, conservation or historic purposes.
b. 
The Open Space Committee shall submit a report annually to the Governing Body on or before November 1st of each year. The Governing Body shall review the annual report of the Open Space Committee and make a determination as to the properties, easements or development rights, if any, to be acquired.
c. 
After the selection process as set forth in paragraph b above, the Governing Body may proceed to acquire the properties, easements or development rights by gift, purchase or eminent domain proceedings.
[Ord. No. 1883-02 § 5]
The Open Space Committee shall hold public meetings and provide the general public with notice of such meetings in accordance with the Open Public Meetings Act (N.J.S.A. 10:4.6 et seq.).
[Ord. No. 1883-02 § 6]
The Open Space Committee shall select from among its regular members a Chairman to act as presiding officer and a Vice Chairman to serve as presiding officer in the absence of the Chairman. The Committee shall also designate from among its regular members a secretary who shall maintain minutes of all meetings as required by the Open Public Meetings Act.
Contracts and Agreements
[1972 Code § 16-1; Ord. No. 1586-92]
This section is enacted pursuant to N.J.S.A. 40:48-1(6) and 40A:14-1561, and is adopted as a reciprocal agreement with all municipalities participating in a County-wide mutual aid compact. Pursuant to this Agreement, the Borough of Manasquan shall render assistance to any participating municipality by providing members of the Manasquan Police Department, upon request, to help preserve the public peace and order.
In the event that a member of the Manasquan Police Department is injured while rendering assistance to a participating municipality, the municipality providing assistance shall be primarily responsible for any costs as a result of the injury; provided however, nothing in this section shall serve as a bar to the municipality providing assistance from seeking indemnification from the municipality receiving assistance.
"The Monmouth County Mutual Aid Agreement" is incorporated by reference in this section, and three copies of the Agreement shall be maintained on file in the Office of the Municipal Clerk.
[1972 Code § 16-2; Ord. No. 1586-92]
The Mayor and Municipal Clerk are authorized to sign "The Monmouth County Mutual Aid Agreement" upon final passage and publication of this section.[1]
[1]
Editor's Note: This section was adopted on October 26, 1992.
[1972 Code § 6B-1; Ord. No. 1557-91]
This chapter shall be known and may be cited as the Cooperative Pricing Agreement of the Borough of Manasquan.
[1972 Code § 6B-2; Ord. No. 1557-91]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Borough of Manasquan, as a participating contracting unit, is hereby authorized to enter into a Cooperative Pricing Agreement with the County of Monmouth, as the lead agency, and other participating contracting units within the County of Monmouth for the purchase of selected work, materials and/or supplies.
[1972 Code § 6B-3; Ord. No. 1557-91]
The lead agency shall be responsible for complying with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the New Jersey Statutes, as to the bidding, award and execution of master contracts on behalf of itself and any participating contracting units, as well as for purchases made by the lead agency for its own needs under the master contract. Each respective participating contracting unit which chooses to purchase under a master contract shall be responsible to enter into a separate contract with the vendor, to certify the availability of funds, to issue purchase orders, to accept delivery and to make payment for those items purchased by that participating contracting unit for its own needs.
Policies and Procedures
[1972 Code § 6A-1; Ord. No. 948]
All claims or bills presented to the Borough shall be presented in the manner prescribed in N.J.S.A. 40A:5-16.
[1972 Code § 6A-2; Ord. No. 948]
All bills or claims presented shall be approved for payment by a majority of the Councilmen present at a regular meeting of the Borough Council; provided, however, that at least three members of the Council vote in favor of such approval. If a majority of the Councilmen present shall vote against the approval of any bill or claim or if less than three affirmative votes are cast for such approval, the bill or claim shall be deemed to be disapproved and no payment shall be made on account thereof.
[1972 Code § 6A-3; Ord. No. 948]
All bills or claims shall be paid by a check drawn by the Treasurer and signed by the Mayor or, in his absence, by the Acting Mayor, by the Municipal Clerk and countersigned by the Borough Treasurer.
[1972 Code § 17A-1; Ord. No. 1233]
As used in this section:
ACTION or SUIT
Shall mean any proceeding, whether judicial, quasi-judicial or administrative, including cross-claims, counterclaims or other forms of cross-action.
OFFICIAL or EMPLOYEE
Shall mean any person now or formerly elected or appointed to any public office or agency or body of the Borough or employed or retained by the Borough, or any office, agency, or body thereof, whether such person serves in a paid or unpaid capacity. The term shall not include however, any person performing acts or services for the Borough, its offices, agencies or bodies as an independent contractor. Any member of the regular professional staff of the Borough, its offices, agencies or bodies, including, but not limited to the Municipal, Board of Adjustment and Planning Board Attorneys; the Municipal and Planning Board Engineers; and the Municipal Auditor shall not be deemed independent contractors for the purposes of this definition.
[1972 Code § 17A-2; Ord. No. 1233]
The Borough shall provide for the defense of any civil action brought against an official or employee of the Borough arising from any act or omission, or alleged act or omission, by such official or employee in the performance of his official duties, except:
a. 
If the act or omission complained of was not within the scope of authority or employment of such official or employee; or
b. 
The act or omission was the result of, or constituted, fraud, malice or willful misconduct of such official or employee; or
c. 
The defense of the action would create a clear conflict of interest between the Borough and the official or employee; or
d. 
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the Borough or by any other person; or
e. 
The official or employee shall have failed to deliver to Mayor and Council, or the Municipal Clerk, a copy of the Summons and Complaint, process, notice, demand or pleading within 10 calendar days after having been served with the same, except that such period may be extended for good cause by majority vote of the full membership of the Governing Body; or
f. 
The official or employee fails to cooperate with the Borough, or any attorneys appointed by the Borough to defend the action, in the defense of such action; or
g. 
The action was instituted against the official or employee by the Borough; or
h. 
The official or employee fails to request that the Borough provide a defense; or
i. 
The official or employee fails to cooperate with the insurance company providing a defense of the action or proceeding and the company disclaims responsibility for non-cooperation.
[1972 Code § 17A-3; Ord. No. 1233]
a. 
The Borough shall defray the costs of defending any criminal action against any official or employee of the Borough, providing:
1. 
It is not prohibited by any State law; and
2. 
The action shall have been dismissed or shall have resulted in an acquittal of the official or employee; and
3. 
The Borough Council determines that there is no good cause to dismiss the official or employee, in instances where the Borough Council has the power to dismiss, arising from or related to the circumstances which were the basis of the criminal action.
b. 
The Borough shall provide for the defense of any criminal action against any official or employee where such defense is required by law.
c. 
It is the intention of this section that the Borough shall reimburse an official or employee for the costs of his legal defense (provided the conditions specified in paragraphs a1 through a3 of this subsection have been met) only upon successful conclusion of the criminal action. Where applicable law requires that the Borough provide a defense, paragraph b shall apply, and the Borough shall provide such defense by one of the methods set forth in subsection 2- 62.4; unless the controlling law specifies a method for providing such defense.
[1972 Code § 17A-4; Ord. No. 1233]
If the Borough Council determines to provide a defense as authorized in this section, it may do so by any of the following methods, at its sole option:
a. 
By authorizing the Municipal Attorney to undertake the defense of the action; or
b. 
By hiring special counsel selected by the Borough Council upon such terms as the Council shall agree; or
c. 
By authorizing the official or employee to retain an attorney of his own selection who shall be paid by the Borough, provided:
1. 
Such attorney shall submit to the Borough Council a letter indicating his representation of the official or employee; and
2. 
Such letter shall set forth the hourly rate based upon which the attorney shall set his fee, together with any other relevant information regarding the manner in which such fee shall be determined; and
3. 
That the attorney shall submit an itemized bill, setting forth all services and expenditures incurred by the attorney in connection with the defense of the action at the conclusion of his representation of the official or employee; and
4. 
That no portion of the attorney's fee or any disbursements shall be paid or reimbursed by the Borough until conclusion of the action, unless otherwise authorized by resolution; and
5. 
That the Borough shall not pay for representation in the event that any judgment for punitive damages is rendered against the official or employee, in which event the payment of all legal fees and disbursements shall be the responsibility of such official or employee.
[1972 Code § 17A-5; Ord. No. 1233]
a. 
In any civil action in which the Borough shall be required as set forth in this chapter, to provide for, or defray the cost of, the defense of an official or employee, the Borough in addition to paying the cost of such defense where applicable, shall pay or reimburse the official or employee for each of the following:
1. 
Any bona fide settlement agreement when approved by the Mayor and Council.
2. 
Any judgment entered against the official or employee, except that in the event any judgment shall contain an award for punitive damages, the Mayor and Council shall not pay or reimburse any portion of such judgment, including compensatory damages.
b. 
In the event that the defense of any action, or any portion thereof, is provided for the official or employee pursuant to policies of insurance, then the Borough shall pay or reimburse the official or employee only to the extent that any settlement or judgment is not covered by insurance, and further subject to the limitations contained in this section regarding approval of settlements and judgments for punitive damages.
[1972 Code § 17A-6; Ord. No. 1233]
Whenever the Borough shall provide for any defense pursuant to this section, the Borough, through the Municipal Attorney, or through special counsel appointed by the Borough for that purpose, shall assume full control of the defense and the official or employee shall cooperate fully with the Borough in such defense. Where defense is provided by an insurer, the attorney appointed by the insurer to provide the defense for the official or employee shall assume full control of the defense and the official or employee shall cooperate fully with such attorney.
[1972 Code § 57-1; Ord. No. 1458]
N.J.S.A. 40:52-1.2 permits a municipality to require, by adoption of an ordinance, that an applicant for certain licenses or permits pay any property taxes and assessments due on the property if the applicant is the owner of the property whereon the licensed or permitted business or activity is to be conducted and also to provide for the revocation or suspension of those licenses or permits upon the owner failing to pay taxes due on the property for at least three consecutive quarters. Further, the Statute requires that the license or permit shall be restored upon payment of the overdue taxes or assessments to the municipality.
[1972 Code § 57-2; Ord. No. 1458]
An applicant for a municipal license or permit shall be required to pay any delinquent property taxes, assessments or municipal charges on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted if the applicant is the owner of such real property. A license or permit issued by the municipality shall be automatically suspended when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay real property taxes, assessments or other municipal charges due on the property for at least three consecutive quarters. Upon the applicant paying the delinquent taxes, assessments or municipal charges, the license or permit shall be automatically restored.
This provision shall not apply to any alcoholic beverage license or permit issued pursuant to N.J.S.A. 33:1-1 et seq. known as the "Alcoholic Beverage Control Act."
[1972 Code § 65-6; Ord. No. 1239; Ord. No. 2180-15]
a. 
The Borough does hereby prohibit the payment to a claimant, by an insurance company, of any claim in excess of the amount stated in Chapter 16, Fees, dollars for fire damage on any real property located within this Borough, pursuant to any fire insurance issued or renewed after the adoption of this section, except as provided hereunder.[1]
[1]
Editor's Note: This section was adopted on May 17,1982 by Ord. No. 1239.
b. 
Prior to the payment of any fire insurance claims in excess of the amount stated in Chapter 16, Fees, the insurance company shall request from the Borough an official certificate of search to be executed by the appropriate bonded municipal official responsible for preparing such certificates, to determine whether or not all taxes, assessments, municipal charges or other municipal liens are presently due and payable to the Borough. In the event there are outstanding sums due and payable to the Borough, all sums so payable shall be paid by the insurance company prior to the payment of any fire damages to the owner in excess of $2,500.
c. 
If, however an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property, the insurance company shall withhold 75% of the full amount of the lien or charge being contested, pending termination of all proceedings at which time such monies and all interest accruing thereon, at a rate paid on interest- bearing accounts in banking institutions or savings and loan associations in the State, shall be disbursed in accordance with the final order or judgment of the Court.
d. 
The Borough Council may enter into an agreement with the owner of any fire- damaged property to pay in full all delinquent taxes, assessments or other liens by installments, pursuant to N.J.S.A. 54:5-19, or for the redemption of a tax sale lien by installment payments, pursuant to N.J.S.A. 54:5-65 et seq., provided, however, that the Borough Council shall first be satisfied that the claim for fire damages shall be used to restore or improve the fire damaged property. In the event of such an agreement, a certified copy of the resolution of agreement shall be forwarded to the insurance company and the resolution of agreement shall act as their authorization to make full payment on the claim to the insured person.
e. 
The municipal claim made in accordance with the provisions of this act shall be paramount to any other claims 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 named insured, in which vent the claim of the mortgagee to the proceeds shall be paramount to the municipal lien under this act, but only to the extent of the amount due and payable to the mortgagee under the mortgage obligation.
f. 
Nothing in this chapter shall be construed:
1. 
To obligate an insurance company for any amount in the excess of the value of the fire insurance policy on the property, or the amount of liability of the insurance company thereunder.
2. 
Except as provided in the case of appeals under paragraph c of this subsection, to obligate the insurance company for any liens not appearing on the official certificate or any certified changes submitted by the bonded official; or
3. 
To affect the authority of a municipality to enforce a municipal lien under law of this State.
g. 
This section shall be filed with the State Commissioner of Insurance pursuant to N.J.S.A. 17:36-8 et seq.
h. 
Section 2-64 shall take effect upon passage, publication and approval by the State Commissioner of Insurance, as required by law.
[1972 Code §§ 65-7, 65-8; Ord. No. 1304]
In addition to the penalties stated in Chapter 1, Section 1-5, other remedies will include:
a. 
Any remedy available pursuant to this chapter shall be considered separate and not exclusive of any other remedy available hereunder.
b. 
Nothing in this section shall be construed to impair any cause of action, or legal remedy therefor, or of any person for injury or damage arising from any violation of this section.
(Reserved) (See 2-65.2)
[Ord. No. 2005-07 § 1; Ord. No. 2074-10 § 1, 2; Ord. No. 2180-15]
a. 
The fees charged for copies of government records shall be as stated in Chapter 16, Fees.
b. 
The following persons are appointed as custodian or deputy custodian of public records:
Custodian of public records — Municipal Clerk;
Deputy Custodian of police records — Senior Police Records Clerk;
Deputy Custodian of Municipal Court records — Municipal Court Administrator;
Deputy Custodian of financial records — Chief Financial Officer;
Deputy Custodian of Building and Code Department records — Code Enforcement Official;
Deputy Custodian of Department of Public Works records — Superintendent of Public Works.
[Ord. No. 2148-14; Ord. No. 2180-15]
Payment of municipal taxes, special assessments, water and sewer bills.
a. 
Charge for Payment by Check by Phone. The service charge for utilizing the Borough of Manasquan pay by check by phone service through the tax and finance office for payment of municipal taxes, water and sewer bills shall be as stated in Chapter 16, Fees.
b. 
Returned Check Service Charge. Pursuant to N.J.S.A. 40:5-18, the Borough of Manasquan shall impose a service charge as stated in Chapter 16, Fees for the return of all checks or other written instruments due to insufficient funds. The service charge shall be collected from the account for which the check or other instrument was tendered. The Borough of Manasquan may require all future payments to be tendered in cash or by certified or cashier's check whenever a check or other written instrument is returned for insufficient funds.
[Ord. No. 2005-07 § 3; Ord. No. 2175-15; Ord. No. 2180-15]
a. 
In order to offset the cost to Manasquan for processing requests and providing municipal services, it is required that any person or entity applying to utilize the beachfront facilities for a special event pay a nonrefundable application fee as stated in Chapter 16, Fees. Additionally, the person or entity shall deposit the sum as stated in Chapter 16, Fees as a security deposit for costs incurred by Manasquan for services provided by the Police Department, Beach Department and Department of Public Works, and to cover the cost of damage sustained to municipal property. The security deposit, less any costs incurred by Manasquan, shall be returned to the person or entity holding the event within 15 business days following such activity. In the event the costs incurred by Manasquan and/or the costs of damage sustained to municipal property exceed the security deposit, the person or entity holding the event shall be responsible for such excess costs. Manasquan, shall in its sole discretion, determine the costs incurred in accommodating a special event. Special events shall include: athletic events, fundraising events and similar activities.
b. 
The Manasquan Recreation Commission, Shade Tree Commission, Tourism Commission and Fire Departments and First Aid Companies providing services to the municipality, and other organizations providing in-kind services to the municipality, shall be exempt from paying the application fee and posting a security deposit in recognition of in-kind services provided to Manasquan.
c. 
Any person receiving approval to hold a wedding or civil union at the beachfront shall pay a nonrefundable fee as stated in Chapter 16, Fees. No security deposit shall be required for this type of event.
[Ord. No. 2005-07 § 4; Ord. No. 2180-15]
The fee for each bench manufactured by the Department of Public Works shall be as stated in Chapter 16, Fees.
[Ord. No. 2005-07 § 5]
a. 
The fee for temporary storage or parking for commercial trailers, trailers carrying modular homes or similar vehicles in municipal parking lots shall be as stated in Chapter 16, Fees, per day. A cash bond in the amount stated in Chapter 16, Fees, per day. A $500 cash bond shall be posted as a security deposit prior to any vehicle being parked in a municipal parking lot. The security deposit, less the amount of any damages incurred by Manasquan shall be returned to the person or entity posting the security deposit within 15 business days following the vehicle being removed from the parking lot.
[Ord. No. 2005-07 § 6]
a. 
Members of the Volunteer First Aid Squad who respond to 20% or more of the calls of the unit and members of the Volunteer Fire Companies who respond to 30% or more of the calls of the unit shall be awarded one season badge and season parking permit in recognition of their efforts to promote and protect the health, safety and welfare of the community.
b. 
A copy of this subsection shall be sent to the Captain of the First Aid Squad and the Chief of each Fire Company in order to obtain a list of members eligible to receive this benefit. The Borough Council requests that the Captain and Chiefs of the volunteer units present a list to the Governing Body on or before May 22nd of each year so that badges and parking permits may be distributed to eligible members of the volunteer units.
[Ord. No. 2005-07 § 7; Ord. No. 2182-15; Ord. No. 2180-15]
a. 
Members of the Volunteer First Aid Squad who respond to 20% or more of the calls of the unit and all life members and members of the Volunteer Fire Companies who respond to 30% or more of the calls of the unit and all life members shall be exempt from payment of the following fees for permits issued by the municipality; provided, however, the exemptions shall apply only to the municipal portion of any fee and the total of all exemptions in any calendar year shall not exceed the amount stated in Chapter 16, Fees:
Subsection 14-1.2 (Fees) of Chapter 14 (Building and Housing)
Subsection 14-5.4 (License Fees) of Chapter 14 (Building and Housing)
Subsection 14-10.2 (Permit Required; Application; Fees) of Chapter 14 (Building and Housing)
Section 14-11.4 (Fees) of Chapter 14 (Building and Housing)
b. 
A copy of this subsection shall be sent to the Captain of the First Aid Squad and the Chief of each Fire Company in order to obtain a list of members eligible to receive this benefit. The Borough Council requests that the Captain and Chiefs of the Volunteer Units present a list of eligible members to the Governing Body on or before February 1st of each year.
[Ord. No. 2206-2016]
The fee for charging an electric vehicle at a Borough-owned or operated electric vehicle charging station shall be set as stated in Chapter 16.
[Ord. No. 1867-02 § 1]
a. 
The voters of the Borough of Manasquan, County of Monmouth, New Jersey on November 6, 2001 expressed their support to the Borough Council to establish an Open Space Trust Fund and to create a mechanism for collection of a dedicated $0.005 on each $100 of assessed value of real property in the Municipality.
b. 
The Borough Council determines that the establishment and collection of funds for the Open Space Trust Fund, and the acquisition of open spaces for perpetual preservation are in the best interest of the citizens of the Borough of Manasquan.
c. 
The Borough Council deems it appropriate to establish an Open Space Trust Fund, and begin collection for the Trust Fund during the 2002 calendar year.
[Ord. No. 1867-02 § 2]
a. 
There is hereby authorized and established a specific and dedicated tax assessment of $0.005 per $100 of assessed value of real property, to be assessed and paid on all taxable property in the Municipality commencing during the 2002 calendar year, and continuing each following year. The monies collected pursuant to this specific and dedicated tax will be used to provide for the acquisition, development, maintenance, and/or preservation of lands, easements and development rights for recreation, conservation or historic purposes, and permit the payment of debt service on indebtedness incurred by the Municipality for any of these purposes.
b. 
There is hereby established an Open Space Trust Fund to be administered by the Chief Financial Officer of the Municipality subject to the provisions of this section, which Trust Fund shall have deposited in it the special tax assessment of $0.005 per $100 of assessed value of real property.
c. 
The Chief Financial Officer shall maintain this Trust Fund separate and apart from all other municipal accounts.
d. 
The Chief Financial Officer, Tax Assessor and Tax Collector shall cooperate as necessary for the administration of this Trust Fund, and shall establish a separate line item on each municipal tax bill for this purpose. This item shall be identified as the "Municipal Open Space Tax" and be a separate line item to be collected for the Trust Fund in the amount of $0.005 per $100 of assessed value of all taxable real property in the Municipality.
e. 
In the event the Municipality shall become the beneficiary, by way of gift, Federal or State grant or other funding sources of any lands or monetary funds, the lands shall be placed upon the Trust Fund's register of open space lands and the monetary funds shall be deposited in the Trust Fund.
f. 
This section is adopted pursuant to the provisions of N.J.S.A. 40:12-15.7 et seq., and shall be administered in accordance with those provisions.
g. 
It is the intention of this section to comply with all applicable State and Federal programs governing the acquisition of open space for recreation, conservation or historic purposes.
h. 
All lands acquired through the Open Space Trust Fund shall be set aside and dedicated for recreation, conservation or historic purposes.
i. 
All policies and decisions relating to the Open Space Trust Fund shall be made by the Borough Council, subject to applicable State and Federal regulations.
[Ord. No. 1893-02 §§ 1-8]
a. 
The Borough Council deems it appropriate and necessary to act to ensure retention of existing volunteer members and to provide incentives for recruiting new volunteer members for the Manasquan First Aid Squad, Inc.
b. 
The Borough Council has determined that the creation of a Length of Service Awards Program will enhance the ability of the Manasquan First Aid Squad, Inc. to retain and recruit volunteer members of the First Aid Squad.
c. 
A Length of Service Awards Program (LOSAP) is created in accordance with Chapter 388 of the Laws of 1997, to reward members of the Manasquan First Aid Squad, Inc. for their loyal, diligent, and devoted services to the residents of the Borough of Manasquan.
d. 
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria in this section. The contributions shall be made in accordance with a plan established by the Borough Council pursuant to P.L. 1997, c. 388. The plan shall be administered in accordance with the laws of the State of New Jersey, the Internal Revenue Code of the United States of America and the terms of this section.
e. 
The LOSAP shall provide for annual contributions to each active volunteer member who accumulates 50 or more points according to the LOSAP Point System.
f. 
The estimated cost of the program for regular annual services has been calculated at $24,500 per year.
g. 
The LOSAP program shall also provide contributions for five years of prior service for each eligible volunteer member. The contribution amount for each year of past service shall be $100. The estimated cost of this provision of the LOSAP program shall be based on 15 members for a total cost of $7,500.
h. 
Each active volunteer member shall be credited with points for volunteer services provided to the Manasquan First Aid Squad, Inc. in accordance with the attached schedule entitled "LOSAP Point System".
SCHEDULE FOR LOSAP POINT SYSTEM
A year of service shall be credited under the service award program for each calendar year after establishment of the program in which an active volunteer in Manasquan First Aid Squad, Inc. accumulates at least 50 points. Points shall be granted in accordance with the system set forth in this document.
I.
Training Courses - 25 point maximum.
1.
Courses under 20 hours duration - one point per hour, with a maximum of five points.
2.
Courses of 20 to 45 hours duration - one point per hour for each hour over the initial 20 hours, with a maximum of 10 points.
3.
Courses over forty-five-hour duration - 15 points per course.
II.
Drills - 20 point maximum.
1.
Drill (minimum two hours) - one point.
III.
Sleep-In or Standby - 20 point maximum.
1.
Sleep-In: one point each full night.
2.
Standby: one point each - a standby is defined as line of duty activity of the volunteer first aid squad lasting for four hours, not falling under one of the other categories.
IV.
Elected or Appointed Positions - 25 point maximum.
Elected or appointed position means line officers, department or company officers and president, vice president, treasurer and secretary of the volunteer first aid squad.
1.
Completion of one year term in an elected or appointed position.
2.
An active volunteer first aid squad member elected to serve as a delegate to a State convention shall also be eligible to receive one point per meeting.
V.
Attendance at Meetings - 20 point maximum.
1.
Attendance at any official meeting of the volunteer first aid squad - one point per meeting.
VI.
Participation in Department Responses - 25 points for responding on the minimum number of calls, as outlined below:
Total number of first aid calls the first aid squad responds to annually
0
5
1,
1,
Minimum number of calls a volunteer squad member must respond to annually in order to receive 25 points credit
1
7
5
2.
VII.
Miscellaneous activities - 15 point maximum.
1.
Participation in inspections and other activities not otherwise listed - one point per activity.
[Ord. No. 2038-08 Preamble]
The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various County and municipal officials.
N.J.S. 43:15C-2 requires the Governing Body of each County, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law.
The Borough Council of the Borough of Manasquan has considered the guidelines issued by the Local Finance Board.
[Ord. No. 2038-08 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Municipal Administrator;
b. 
Public Safety Director;
c. 
Municipal Court Judge.
[Ord. No. 2038-08 § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
a. 
Certified Health Officer;
b. 
Tax Collector;
c. 
Chief Financial Officer;
d. 
Construction Code Official;
e. 
Qualified Purchasing Agent;
f. 
Tax Assessor;
g. 
Municipal Planner;
h. 
Registered Municipal Clerk;
i. 
Licensed Uniform Subcode Inspector;
j. 
Principal Public Works Manager.
[Ord. No. 2038-08 § 3]
If an individual is appointed to one of the positions listed in subsection 2-68.2 and the individual is not serving in a position as described in subsection 2-68.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: a) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or b) has been appointed pursuant to a valid promotional process; or c) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-68.3 herein, and is in pursuit of the required certification; or d) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2038-08 § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2186-15]
The State of New Jersey has been engaged in a process to establish a competitive market place through deregulation and restructuring the electric utility market and natural gas market.
The establishment of a government aggregator and an energy aggregation program to purchase electric generation service and natural gas pursuant to N.J.S. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq. will increase competition for the provision of electric power and natural gas to residential and nonresidential users, thereby increasing the likelihood of lower electric rates and natural gas rates for these users without causing any interruption in service.
Under the aggregation process the residential and nonresidential ratepayers may likely receive a direct reduction in their electric bills and gas bills.
The realization of energy costs savings is in the interests of the health, safety and welfare of the residents of the Borough of Manasquan (the "Borough").
The Borough hereby finds that it is in the best interests of residential and nonresidential electric and gas ratepayers for the Borough to create the opportunity for them to enter into an aggregation agreement in order to seek substantial savings on electric and gas rates.
[Ord. No. 2186-15]
The Borough publicly declares its intent to become an aggregator of electric power and natural gas on behalf of its residential and nonresidential users of electricity and natural gas pursuant to the Government Energy Act of 2003, N.J.S. 48:3-91.3 to -98, and implementing regulations.
[Ord. No. 2186-15; Ord. No. 2265-18]
The Borough will utilize approved vendors, Concord Engineering's d/b/a Concord Energy Services and Commercial Utility Consultants, Reverse Energy Auction Platform pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001, c. 30) under the NJ Department of Community Affairs. The Reverse Energy auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire.
[Ord. No. 2186-15]
The Mayor and Borough Clerk are hereby authorized and directed to execute any documents necessary to carry out the purpose of the section.