Editor's Note: The form of government in Moonachie is
the Borough form which comprises N.J.S.A. 40:86 through N.J.S.A. 40:94
and N.J.S.A. 40A-60. The administrative code has been drafted in conformity
with the Borough law and in many instances provisions of the Borough
law have been restated in the code. Other enabling laws pertaining
to the administrative chapter are N.J.S.A. 40A:14, et seq., Police
and Fire Departments; N.J.S.A. 2A:8-1, et seq., Municipal Court; N.J.S.A.
40:55D-36, Zoning Board of Adjustment; N.J.S.A. 40:55D-1.4, Planning
Board; N.J.S.A. 44:8-115, et seq., Board of Assistance; N.J.S.A. 26:3-1,
et seq., Board of Health. Other authority to regulate the internal
affairs of the Municipality is contained in N.J.S.A. 40:48-2.
[1970 Code § 2-1]
This Chapter shall be known and may be cited as the Administrative
Code of the Borough of Moonachie.
[Ord. #90-4]
The Council shall consist of the Mayor and six Councilmen 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 of the Mayor and
Councilmen shall commence on January 1 next following their election.
[Ord. #90-4]
All vacancies shall be filled in accordance with N.J.S.A. 40A:16.
The appointee shall be of the political party which had nominated
the incumbent whose office is vacated.
[1970 Code § 2-3]
The Borough Council shall meet for organization within the first
seven days of January following each general election. Thereafter,
the Borough Council shall meet regularly within the Borough at such
times and places as provided by resolution. 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 and, in
all cases of special meetings, 48 hours' notice shall be given to
all members of the Council or left at their places of residence.
Notice of all meetings shall be given in accordance with the
requirements of the Open Public Meetings Law, C. 231, P.L. 1975.
[1970 Code § 2-4]
The Mayor shall preside over all meetings of the Borough Council
but shall not vote except to give the deciding vote in case of a tie.
The Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments shall be made
except by the vote of a majority of the members of the Council 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 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 the 30 days, the Council
shall appoint the officer.
[1970 Code § 2-5]
At the annual meeting the Borough 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. He shall have the right to debate and 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 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. The Mayor, in case of his intended absence from
the Borough for more than three days at any one time, shall notify
the President in writing of his intended absence, whereupon the President
shall be and become acting Mayor from the receipt of notice and continue
to act until the Mayor's return.
[Ord. #86-1, § 1; Ord. #88-14, § 1]
Pursuant to N.J.S.A. 40A:9-136, there is hereby created the
position of Borough Administrator.
[Ord. #86-1, § 2; New; Ord. #88-14, § 2]
The Borough Administrator shall be appointed by the Mayor with
the advice and consent of the governing body. He shall receive as
salary such sum as may be fixed and approved by the governing body
by appropriate salary ordinance. The Administrator shall serve at
the pleasure of the governing body.
[Ord. #86-1, § 3; Ord. 88-14, § 3]
The Borough Administrator may be removed by a 2/3 vote of the
governing body. The resolution of removal shall become effective three
months after its adoption by the governing body. The governing body
may provide that the resolution shall have immediate effect, provided,
however, that the governing body shall cause to be paid to the Borough
Administrator, forthwith, any unpaid balance of his salary already
earned and his salary for the next three calendar months following
adoption of the resolution.
[Ord. #86-1, § 4; Ord. #88-14, § 4]
The Borough Administrator shall be chosen on the basis of executive
and administrative abilities, with special regard to education, training
and experience in governmental affairs. The Borough Administrator
need not reside in Moonachie.
[Ord. #88-14, § 5]
The Borough Administrator appointed by the Mayor and Council
shall be required to provide at least 90 days' notice to the governing
body of his or her intention to terminate employment as Borough Administrator
in order to effectuate a smooth transition to a successor Borough
Administrator.
[Ord. #88-14, § 6]
At the option of the Mayor and Council, the Borough Administrator
may be required to execute a form of agreement prepared by the Borough
Attorney which said agreement shall set forth the duties, rights and
responsibilities of both the Borough Administrator and the Borough
of Moonachie. Nevertheless, the Borough Administrator shall be compensated
in accordance with the Borough Salary Ordinance and the form of contract
required hereunder shall be at the sole option of the Mayor and Council
of the Borough of Moonachie. In no event shall the Borough Administrator
be considered a contractual employee and/or independent contractor
but he or she shall be construed as an official of the Borough in
accordance with N.J.S.A. 40A:9-136.
[Ord. #86-1, § 5; Ord. #88-14, § 7]
The Borough Administrator shall, under the supervision and control
of the governing body, to the extent not prohibited by law, have the
following duties and responsibilities:
a.
Serve as the principal administrative officer representing the governing
body.
b.
Supervise the administration of all Borough departments and offices
in consultation with the respective Council committee chairmen.
c.
Study the administrative and other operations of the Borough and
make recommendations for plans and programs to meet the needs of the
Borough.
d.
Receive and reply to inquiries and complaints concerning Borough
business, and provide information and assistance in respect thereto.
e.
Attend all meetings of the governing body as required.
f.
Establish and maintain sound personnel practices and maintain appropriate
records of all the employees and officials of the Borough.
g.
Recommend the nature, location and extent of public improvements
and coordinate the execution of same when authorized by the governing
body.
h.
Implement and enforce the policies of the governing body with respect
to the compiling and release of public information.
i.
Receive from each department, office and Board, their annual budget
requests, reviewing and transmitting same, along with comments and
recommendations, to the governing body.
j.
Consult with the governing body on preparation of the tentative budget,
recording changes, additions and deletions thereto, and submitting
final recommendations in the form required by law, together with an
analysis of the various items of expenditure and revenue and such
explanatory comments as may be required.
k.
Negotiate contracts inclusive of employee collective bargaining contracts,
for the Borough as authorized by, and subject to the approval of the
governing body.
l.
Review, recommend, implement and enforce the financial procedures
and policies of the Borough and its departments after consultation
with the appropriate Council committee chairmen and department heads.
m.
Perform such other duties as may be assigned to him from time to
time by the governing body.
[Ord. #86-1, § 6; Ord. #88-14, § 8]
The Borough Administrator shall consult with the Borough Auditor,
so as to keep him advised of the continuing review and analysis of
proposed operations, work, progress and costs of municipal services.
[1970 Code § 2-6.1]
There shall be a Borough Clerk appointed by the Mayor and Council
for a term of three years. Prior to his appointment the Clerk shall
be qualified by training and experience to perform the duties of his
office.
[1970 Code § 2-6.2]
The Borough Clerk shall serve as Clerk of the Council and as
secretary of any special legislative committees of the Council. He
shall attend all meetings of the Council and of such committees when
required by the chairman and shall keep the minutes of the meetings
of the Council and of such committees. The minutes of each meeting
of the Council shall be signed by the officer presiding at the meeting
and by the Clerk.
[1970 Code § 2-6.3]
a.
The Clerk shall record all ordinances and all resolutions of a permanent
character in books to be provided for that purpose. After each ordinance
he shall also record and certify the proof of publication thereof
as required by law. Each ordinance and resolution so recorded shall
be signed by the Mayor and the Clerk, who shall attest that it was
duly adopted upon a date stated, and when so signed the recorded copy
shall be deemed to be a public record of the ordinance or resolution.
Any omission by the Clerk or the Mayor to record, sign or certify
as herein required shall not impair or affect the validity of any
ordinance which has been duly adopted.
b.
At the close of each year the Clerk, with the advice and assistance
of the Borough Attorney, shall bind, compile or codify all the ordinances
and resolutions, or true copies thereof, which then remain in force
and effect. He shall also properly index the record books, compilation
or codification of ordinances and resolutions.
[1970 Code § 2-6.4]
The Clerk shall have custody of and safely keep all records,
books and documents of the Borough, except those committed by ordinance
to any other office or transferred thereto by the Mayor and Council.
He shall, upon request and upon the payment of the fees prescribed
therefor by resolution of the Council for the use of the Borough,
furnish a certified copy of any such paper in his custody under the
corporate seal of the Borough.
[1970 Code § 2-6.5]
The Clerk shall cause the corporate seal of the Borough to be
affixed to instruments and writings when authorized by ordinance or
resolution of the Council or when necessary to exemplify any document
on record in his office, or to certify any act or paper which from
the records in his office shall appear to have been a public act of
the Borough or a public document. He shall not affix the seal or cause
or permit it to be affixed to any other instrument, writing or other
paper unless required by law or ordinance.
[1970 Code § 2-6.6]
The Clerk, subject to the supervision of the Council, shall:
a.
Be the depository and custodian of all official surety bonds furnished
by or on account of any officer or employee, except his own bond which
shall be placed in the custody of the Treasurer; of all insurance
policies upon or with respect to risks insured for the benefit of
the Borough or to protect it against any claim, demand or liability
whatsoever; and all formal contracts for work, labor, services, supplies,
equipment and materials to which the Municipality may be a party.
b.
Be the depository for and have custody of all performance bonds running
to the Borough as obligee, or any other form of security given by
any contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
c.
Have custody of all leases of property owned by the Borough.
d.
Report to the Borough Council annually, at such times as the Council
may require on the coverage, expiration date and premium of each surety
bond and contract of insurance; the nature and terms of outstanding
leases, the rent reserved by each and their respective expiration
dates.
[1970 Code § 2-6.7]
No rule or general regulation made by any department, officer,
agency or authority of the Borough, except such as relates to the
organization or internal management of the municipal government or
a part thereof, shall take effect until it is filed with the Borough
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations which shall be available for public inspection
in his office during business hours.
[1970 Code § 2-6.8]
In addition to such other functions, powers and duties as may
be prescribed by ordinance and subject to the supervision and direction
of the Borough Council, the Clerk shall:
a.
Perform all of the functions required of municipal clerks by the
General Election Law (Title 19 of the Revised Statutes) and any other
law or ordinance.
b.
Administer the provisions of Borough ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the Clerk.
c.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to him by the
Borough Council.
[Ord. #88-10, § I]
There shall be a Deputy Borough Clerk appointed by the Mayor
with the consent of the Council for a term of one year. The Deputy
Borough Clerk shall serve as Deputy Borough Clerk of the Council.
In the absence of the Borough Clerk, the Deputy Borough Clerk shall
attend and keep the minutes of all the meetings of the Council, which
minutes shall be signed by the Deputy Borough Clerk. The minutes shall
include all Resolutions of the Council.
[Ord. #88-10, S II]
a.
In the absence of the Borough Clerk or at the direction of the Borough
Clerk, the Deputy Borough Clerk shall record all ordinances in books
to be provided for that purpose in the absence of the Borough Clerk.
After each ordinance, the Deputy Borough Clerk shall record and certify
the proof of its publication as required by Law. Each ordinance so
recorded shall be signed by the Mayor and in the absence of the Borough
Clerk, the Deputy Borough Clerk, who shall attest that it was adopted
on a date stated, and when so signed, the recorded copy shall be deemed
to be a public record of the ordinance. Any omission by the Deputy
Borough Clerk or the Mayor to record, sign or certify shall not impair
or affect the validity of an ordinance which has been duly adopted.
b.
Periodically, as determined by the Mayor and Council, the Deputy
Borough Clerk shall compile at least two copies of all ordinances
that have been adopted since the previous revision or supplement and
forward them to a company selected by the Mayor and Council to prepare
a supplement to the Code.
[Ord. #88-10, § III]
In the absence of the Borough Clerk, the Deputy Borough Clerk
shall have custody of and safely keep all records, books and documents
of the Borough, except those committed by ordinance, to any other
office, by resolution or by law. In the absence of the Borough Clerk,
on request and on the payment of the fees prescribed therefor, the
Deputy Borough Clerk shall furnish a certified copy of any paper in
the Borough Clerk's custody under the corporate seal of the Borough.
[Ord. #88-10, § IV]
In the absence of the Borough Clerk, the Deputy Borough Clerk
shall cause the corporate seal of the Borough to be affixed to instruments
and writings when authorized by ordinance or resolution of the Mayor
and Council or when necessary to exemplify any document on record
in the Borough Clerk's office or to certify any act or paper which
from the records in the Borough Clerk's office shall appear to have
been a public act of the Borough or a public document.
[Ord. #88-10, § V]
Subject to the supervision of the Mayor and Council and in the
absence of the Borough Clerk, the Deputy Borough Clerk shall:
a.
Be the depository for and the custodian of all official surety bonds
furnished by or on account of any officer or employee, except the
Borough Clerk's and Deputy Borough Clerk's own bond, which shall be
placed in the custody of the Treasurer; all insurance policies on
or with respect to risks insured for the benefit of the Borough or
to protect it against any claim, demand or liability; and all formal
contracts for work, labor, services, supplies, equipment and materials
to which the Borough may be a party.
b.
Be the depository for and the custodian of all performance bonds
running to the Borough as obligee or any other form of security given
by a contractor, subdivision developer or other persons on account
of work done or to be done in or for the Borough.
c.
Have custody of all leases and property owned by the Borough.
d.
Report to the Mayor and Council annually, at such times as the Mayor
and Council may require, on the coverage, expiration date and premium
of each surety bond and contract of insurance, the nature and terms
of outstanding leases, the rent reserved by each and their respective
expiration dates.
[Ord. #88-10, § VI]
In the absence of the Borough Clerk or at the direction of the
Borough Clerk, the Deputy Borough Clerk shall maintain a current compilation
of all rules and regulations, which shall be available for public
inspection in the Borough Clerk's office during business hours. No
rule or general regulations made by a department, officer, agency
or authority of the Borough, unless it relates to the organization
or internal management of the municipal government or part thereof,
shall take effect until it is filed with the Borough Clerk.
[Ord. #88-10, § VII]
In addition to other functions, powers and duties prescribed
by ordinance and subject to the supervision and direction of the Mayor
and Council, and in the absence of the Borough Clerk, the Deputy Borough
Clerk shall:
a.
Perform all the functions required of Borough Clerks by the General
Election Law (Title 19 of the Revised Statutes) and any other law
or ordinance.
b.
Administer the provisions of Borough ordinances with reference to
the licensing of occupations and activities for which licenses are
required by law or ordinance to be obtained from the Borough Clerk,
except those issued by the Fire Prevention Board.
c.
Have such other, different and additional functions, powers and duties
as may be prescribed by law or ordinance or delegated to the Borough
Clerk and/or Deputy Borough Clerk by the Mayor and Council.
[1970 Code § 2-7.1; Ord. #90-4]
There shall be the following departments, officers, boards and
commissions in the Borough.
[1970 Code § 2-7.2]
The head of a department, subject to the code and the approval
or direction of the Mayor and Council, shall:
a.
Prescribe the internal organization of the work of his department.
b.
Direct and supervise subordinate officers and employees of the department
and make, alter and enforce individual work assignments.
c.
Approve or disapprove payrolls, bills and claims chargeable to departmental
appropriations.
d.
Maintain such records of work performance and unit costs thereof
as may be approved or required by the Mayor and Council.
e.
Provide such information and reports on the work of the department
as may be required by the Mayor and Council.
f.
Exercise such other or different powers of administrative supervision
and direction as the Mayor and Council may delegate to him.
[1970 Code § 2-8.1]
There shall be a Department of Finance of the Borough which
shall have jurisdiction over all business pertaining to finance. The
Collector-Treasurer shall be the Director of the Department of Finance.
[1970 Code § 2-8.2]
a.
Borough Treasurer. Within the Department of Finance there shall be
a Division of the Treasury, the head of which shall be the Treasurer,
who shall serve for a term of one year.
b.
Powers and Duties of the Treasurer. The Treasurer shall have, perform
and exercise all of the functions, powers and duties as provided by
general law and Borough ordinances. He shall keep and maintain books
and records of all financial transactions of the Borough in accordance
with the standards and requirements of the Division of Local Government
in the Department of the Treasury of the State of New Jersey. He shall
have custody of all public moneys of the Borough and shall make monthly
reports to the Mayor and Council of all receipts, expenditures, commitments
and unexpended appropriations. All moneys received from any source
by or on behalf of the Borough or any department, board, office or
agency thereof, except as otherwise provided by Borough ordinance,
shall be paid to the Treasurer who shall, by the next ensuing bank
day after their receipt, deposit them in the authorized public depository
of the Borough to the credit of the proper account.
c.
Disbursements. Disbursements in payment of bills and demands shall
be made by the Treasurer upon pre-audit and warrant of the Director
of the Department of Finance, approved by the Mayor and Council, except
that payments from the payroll account shall be made pursuant to paragraph
d below. Every warrant shall be in the form of a warrant-check payable
to the order of the person entitled to receive it, and shall specify
the purpose for which it is drawn and the account or appropriation
to which it is chargeable. Each warrant-check shall bear the signatures
of the Mayor or Council President, the Clerk and the Assistant Collector.
d.
Payroll Account. There shall be an account to be designated the Borough
of Moonachie Payroll Account and the Borough Clerk, upon receipt of
a warrant or an amount due such payroll account, shall deposit the
same to the credit of the payroll account, charging the appropriate
budgetary accounts therewith. Disbursement from the payroll account
may be made by payroll checks signed by the Assistant Collector and
the Clerk upon pre-audit and warrant of the Director of the Department
of Finance and approval by the Mayor and Council of the entire payroll.
In case of error or adjustment in the payroll the Clerk shall, and
it shall be his duty to, make proper correction and appropriate record
of such correction.
e.
Travel Expenses. Itemized claims supported by receipts, where available,
should be presented in order to obtain reimbursement for expenses
incurred by local officials were authorized to travel by the Borough.
Travel expenses shall be reimbursed only in accordance with the travel
regulations of the Borough.
[Ord. #89-1, § 1]
The purpose of this section is to create the position of Chief
Financial Officer in accordance with the requirements established
under Chapter 110, Laws of N.J. 1988.
[Ord. #89-1, § 2]
There is hereby established by the governing body of the Borough
of Moonachie the position of Chief Financial Officer who shall be
under the general supervision of the Mayor and Council of the Borough
of Moonachie. Such officer shall be certified in accordance with the
rules and regulations established by the State of New Jersey.
[Ord. #89-1, § 3]
The Chief Financial Officer shall have responsibility for the
fiscal records of the Borough of Moonachie as well as:
a.
Advise and assist the Mayor and Council with respect to the development
of fiscal plans and forecasts for the Borough.
b.
Provide financial assistance to all boards, commissions and departments
of the Borough.
c.
Conduct continuous studies and collect data to serve as a basis for
future financial recommendations.
d.
Prepare any and all Borough financial records necessary for the required
year end financial audit.
e.
Any and all other functions and duties assigned to such position
by State law.
f.
Any and all other duties which the Mayor and Council may from time
to time delegate to such position.
[1970 Code § 2-8.3]
The office of Tax Collector is hereby established pursuant to
N.J.S.A. 40A.
[Ord. #82-3, § 2; 1970 Code § 2-8A.1]
The office of Tax Assessor is hereby established pursuant to
the provisions of P.L. 1981 c. 393.
[Ord. #82-3, § 3; 1970 Code § 2-8A.2]
The office of Deputy Tax Assessor is hereby established pursuant
to the provisions of P.L. 1981 c. 393. There shall be no more than
three Deputy Tax Assessors appointed to serve at any one time.
[Ord. #82-3, § 4; 1970 Code § 2-8A.3]
The term, duties, tenure, appointment and qualifications of
the Tax Assessor and Deputy Tax Assessors shall be in accordance with
P.L. 1981 c. 393 and such other pertinent statutes as may apply.
[Ord. #82-3, § 5; 1970 Code § 2-8A.4]
The compensation of the Tax Assessor and Deputy Tax Assessors
shall be provided for in the annual salary ordinance.[1]
[1]
Editor's Note: A copy of the annual salary ordinance is available
for examination in the office of the Borough Clerk.
[Ord. #222, §§ 1 — 5; Ord. #71-3, § 1;
Ord. #73-3; Ord. #75-7, §§ 1 and 2; Ord. #78-10, § 1;
1970 Code § 2-9.1]
There shall be a Superintendent of Public Works, a working foreman
and such other employees appointed by the Mayor with the advice and
consent of the Council.
a.
Any and all employees of the Department of Public Works shall comply
with the regulations of the Department of Civil Service of the State
of New Jersey and rules and regulations promulgated by the Mayor and
Council of the Borough.
b.
Qualifications. The Superintendent of Public Works shall be a person
qualified by education, training and experience to perform the duties
of the office. The working foreman shall, in the absence of the Superintendent,
be in charge of the Department of Public Works. He shall, under the
direction of the Superintendent, supervise and work with a group of
employees engaged in the construction, operation, maintenance and
repair of streets, sewer, water, sanitation and other public works
facilities; may be required to operate, check, service and make minor
repairs to trucks and other maintenance and construction equipment;
does related work as required.
c.
Supervision. The Superintendent shall be under the direct supervision
of the Mayor and Council and the Chairman of the Public Works Committee.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1
& 2; Ord. #78-10, § 1; 1970 Code § 2-9.2]
a.
Set up and maintain adequate inventory and control thereof of all
material and supplies needed by the Department of Public Works.
b.
Submit to the Chairman of the Public Works Committee a monthly report
of the activities of the department.
c.
Submit to the Chairman of the Public Works Committee his recommendations
for budget appropriations for the ensuing year.
d.
Recommend for approval the expenditure of all funds by voucher chargeable
against the public works budget.
e.
Inspect all sewer lines within the Borough.
f.
Receive all complaints from residents and taxpayers of the Borough
relating to the operations under his jurisdiction, investigate same,
take appropriate action.
g.
Attend all Council meetings and meetings of the Public Works Committee
when directed by the Mayor and Council.
h.
Supervise the operation, maintenance and repair of any Borough owned
equipment.
i.
Set up, keep and maintain all the necessary books, records, field
notes, maps, surveys and similar records necessary to perform the
duties of his office and turn over all such records to his successor
on the termination of his employment by the Borough.
j.
Recommend to the appropriate committee chairman the need for any
repair or replacement to Borough owned equipment, structures, buildings
or grounds.
k.
Supervise the performance of the work of any personnel assigned to
his jurisdiction.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1
& 2; Ord. #78-10, § 1; 1970 Code § 2-9.3]
The Department of Public Works, through the Superintendent,
shall take charge and be responsible for the maintenance of all parks,
sewers, cutting of brush, mowing of grass, removal of snow, maintenance
of pipes, valves and pumps in pump stations, cleaning of ditches,
maintenance of all Borough streets and roads, including the street
lighting system, the provision, operation and maintenance of facilities
for the collection and disposal of refuse and garbage at such times
and in such manner as authorized by resolution of the Council, and
the care of other public works in the Borough subject to the orders
and direction of the Mayor and Council.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1
& 2; Ord. #78-10, § 1; 1970 Code § 2-9.4]
The Mayor and Council shall by resolution make such rules and
regulations necessary for the proper regulation of the Department
of Public Works and when same are adopted by the Mayor and Council
they shall be known as the rules and regulations for the governing
of the Department of Public Works and shall be binding on each member
of the Department.
[Ord. #2010-1, § 1]
a.
DPW Services. Members of the Department of Public Works shall be
available for services when called out for dangerous conditions as
a result of the work of private contractors only at such time as will
not interfere with the efficient performance of regularly scheduled
or emergency duties for the Borough and with the approval of the DPW
Superintendent. When the DPW is called out by the Police to provide
barricades, plowing, salting or any other activity directly related
to the health, safety or welfare of the residents of the Borough of
Moonachie, this fee shall be applied.
b.
Payment. Private contractors shall pay to the Treasurer of the Borough
of Moonachie a certain amount in cash, check or money order as is
set forth herein or as may be fixed from time to time by resolution
of the Borough of Moonachie as compensation for such services.
1.
Rate of Compensation to the Borough:
(a)
The rate of compensation to the Borough for DPW wages shall
be $90 per hour, including a vehicle, for the total time of their
assignment, including but not limited to any minimum hour call out
guaranteed by contract effective January 1, 2010.
(b)
The rate of compensation to the Borough for administrative services
(call out, bill preparation) shall be $25 per hour.
(c)
There shall be separate costs and fees charged to private contractors
for any and all equipment, supplies or materials expended by the DPW
in providing their services.
[Ord. #149, § 1; Ord. #70-8, Ord. #81-2, § 2,
§ 1; 1970 Code § 2-10-1; Ord.
85-16, § 1; Ord. #2006-8, § 1;
Ord. #2013-9]
The Police Department of the Borough of Moonachie is established
and shall consist of a Chief of Police, one Lieutenant, five Sergeants
and such other officers and such other patrolmen, probationary officers,
police matrons, traffic officers, school traffic, officers and employees,
as the Mayor and Council may appoint.
There is hereby created with this section a Detective Bureau
whose members shall receive compensation as may be determined by resolution
by the Mayor and Council.
[Ord. #149, § 2; 1970 Code § 2-10.2]
All members of the Police Department shall be appointed by the
Mayor with the advice and consent of the majority of the Council to
hold office as provided by law.
[Ord. #149, § 2; 1970 Code § 2-10.3;
Ord. #94-4]
The appropriate authority, as defined by N.J.S.A. 40A:14-188,
shall be the Mayor and Council, whose decision upon all matters affecting
the Department shall be final. The Mayor and Council may delegate
certain powers to a committee thereof, or to the Borough Administrator.
[Ord. #149, § 12; 1970 Code § 2-10.4]
The Mayor and Council shall establish by resolution and may
amend and repeal by resolution, such rules and regulations as it may
deem necessary for the government and efficient working of the entire
Department. Such rules and regulations, when adopted by resolution
of the Borough Council, shall be posted by the Chairman of the Police
Committee within five days after the adoption thereof in the room
in the Municipal Building assigned to the Police Department, and a
copy thereof delivered to each and every member of the Department
within five days after the adoption of such rules or regulations or
any amendment or repeal thereof.
[Ord. #149, §§ 7 — 9; Ord. #69-1; 1970
Code § 2-10.5]
Each applicant shall comply with all of the laws of the State
of New Jersey pertaining thereto. No person shall be given or accept
a permanent appointment as a police officer in the Borough unless
such person has first been given a probationary or temporary appointment
to such office for a period of not longer than one year, and has successfully
completed a police training course at a school approved and authorized
by the Police Training Commission in the Department of Law and Public
Safety of the State of New Jersey, pursuant to the provisions of Chapter
56 of the Laws of 1959. Each candidate for appointment to the Police
Department shall be and is required to submit to such written and
oral examination as may be prescribed by the Civil Service Commission
and also to submit to a physical examination by a licensed practicing
physician of the State of New Jersey designated for such purpose;
the character and scope of such examination to be for the purpose
of revealing the extent to which such applicant may be mentally, physically,
and otherwise qualified to perform his appropriate duties in the Department.
Such examinations shall be prepared and conducted at such times and
places and by such persons as the Mayor and Council may designate.
Any applicant who shall fail to attain a grade of 70 in such examination
or who shall fail to meet the physical qualifications as may be set
up by the Police Committee or in the opinion of the examining physician
be incapable of performing the duties of a police officer in a safe
and efficient manner shall be ineligible for appointment to the Department.
The aforesaid examinations shall, where more than one candidate
applies, be competitive and appointments shall be made from among
those who have successfully passed the examination.
No person shall be appointed to the Police Department as a regular
or probationary member unless he shall at the time of making application
be between the age of 21 and 35 years, except as provided by law in
the case of veterans.
No person shall be appointed as a member of the Police Department
unless a citizen of the United States and a resident of the Borough
for not less than one year previous to his appointment, unless at
the time of appointment there shall be a vacancy in the Police Department
which cannot be filled by a qualified resident, which fact shall be
established by resolution duly adopted by the Council prior to the
appointment. In such event, the residence requirement shall be relaxed
to provide that the person to be appointed be a resident of New Jersey
for at least one year and reside within the Boroughs of Little Ferry,
Wood-Ridge, Carlstadt, Hasbrouck Heights, Ridgefield Park or the Township
of South Hackensack for a period of one year.
An applicant before appointment and as a condition of appointment
shall agree to become a resident of the Borough within three years
from the date of his appointment. However, the three-year period may
be extended by resolution of the Council for an additional period
which shall not exceed two years.
Upon the expiration of the three-year period, or any extension
thereof, if the applicant shall not have become a resident of the
Borough, he shall cease his employment as a member of the Police Department.
[Ord. #149, § 11; 1970 Code § 2-10.6]
Each member of the Police Department shall, before entering
upon the performance of his duties, take and subscribe an oath to
bear true faith and allegiance to the government established in this
State, to support the Constitution of the United States of America
and the State of New Jersey and to faithfully, impartially and justly
discharge and perform all the duties of his office, which oath or
affirmation shall be filed with the Borough Clerk.
[Ord. #149, §§ 3, 6 & 7; Ord. #70-8; 1970
Code § 2-10.7]
The Chief of Police shall be the head of the Police Department.
In the temporary absence or disability of the Chief of Police, the
Mayor and Council shall appoint on a temporary basis the member of
the Department who will act in his place, and who shall be the highest
ranking officer of the Department, conferring on him the title of
"Acting Chief," this title to be used only for the duration of the
temporary appointment.
The control and discipline of the Police Department of the Borough
and of its members shall be vested in the Chief of Police and he shall
have the power to enforce all the rules and regulations herein provided
and any general and special orders or instructions which he may promulgate;
provided such rules, regulations, general or special orders or instructions
do not conflict with the rules and regulations, orders or instructions
issued by resolution of the Mayor and Council or promulgated by the
Police Committee. He shall enforce these rules and regulations, orders
or instructions, whether promulgated by him or by the Police Committee
or by the Mayor and Council, and may punish their violation by reprimand.
Should the Chief deem the violation to be of a sufficiently flagrant
nature, he shall report the same to the Police Committee with his
recommendations with reference to the filing of charges.
The Chief of Police, with the assistance of the other members
of the Department who shall be detailed for the purpose, shall keep
a complete record as prescribed in the rules and regulations adopted
by the Mayor and Council, and the Chief of Police shall report in
writing to the Chairman of the Police Committee for presentation to
the Mayor and Council at their first regular meeting in each month
on all matters of importance pertaining to the Department and make
such recommendations as in his opinion will increase the efficiency
of the Department.
The Chief of Police shall recommend to the Police Committee
the purchase of new equipment or the repair or rearrangement of such
old equipment as will increase the efficiency of the Department. He
shall have full charge and control of all the apparatus and equipment
of the Department and its assignment and use, and shall be held responsible
for its care, cleanliness and safekeeping.
[Ord. #149, § 5; 1970 Code § 2-10.8]
The Police Department, through its Chief, shall:
a.
Preserve the public peace, protect life and property, prevent crime,
detect and arrest offenders against the penal laws and ordinances
effective within the Borough, suppress riots, mobs and insurrections,
disperse unlawful or dangerous assemblages, and preserve order at
all elections and public meetings and assemblages.
b.
Administer and enforce laws and ordinances to regulate, direct, control
and restrict the movement of vehicular and pedestrian traffic and
the use of the streets by vehicles and persons, to protect the safety
and facilitate the convenience of motorists and pedestrians, and to
make and enforce rules and regulations not inconsistent with the ordinances
and resolutions of the Borough for such purposes.
c.
Remove or cause to be removed all nuisances in the public streets,
parks and other public places of the Borough, inspect and observe
all places of business amusement or assemblage and all places of business
requiring any State or municipal license or permit and report thereon
to the appropriate department.
d.
Provide proper police attendance and protection at fires.
e.
Provide for the attendance of its members in court as necessary for
the prosecution and trial of persons charged with crimes and offenses,
and cooperate fully with the law enforcement and prosecuting authorities
of Federal, State and County governments.
f.
Operate a training program to maintain and improve the police efficiency
of the members of the Department.
[1970 Code § 2-10.10; Ord. #94-4]
The hours of employment of uniformed members of the Police Department
shall be as prescribed in the Police Collective Bargaining Agreement.
In the case of an emergency, the officer, board or other official
having charge or control of the Police Department or the police system
shall have full authority to summon and keep on duty any and all such
members during the period of emergency.
[Ord. #149, § 10; 1970 Code § 2-10.11]
Each person hereafter appointed to the Department shall be known
as probationary patrolman and shall serve as a probationary patrolman
for a period of one year from the date of his appointment. The probationary
period shall be divided into two six-month periods, the first six-month
period being known and designated as probationary period "A", and
the second six-month period as probationary period "B".
Each person appointed or promoted to a higher position shall
likewise serve a probationary period in such capacity for a period
of one year from the date of his appointment or promotion. The probationary
period shall be divided into two six-month periods, the first six-month
period being known and designated as probationary period "A", and
the second six-month period as probationary period "B".
At the termination of the entire probationary period, and provided
that the candidate or person promoted satisfactorily meets all the
requirements of the position to which he has been appointed or promoted
for the probationary period, the appointment or promotion shall be
final on the recommendation of the Police Committee and with the approval
of the majority of the members of the Council present and voting.
Should the candidate not meet the requirements of the position
at the end of either probationary period "A" or "B", his service as
such will be terminated on the recommendation of the Police Committee
and with the approval of the Mayor and Council.
[Ord. #149, §§ 13 & 14; 1970 Code § 2-10.12]
Each regular police officer shall hold office and continue in
employment during good behavior and efficiency and no person shall
be removed from office or employment for any other causes than incapacity,
misconduct, neglect of duty, non-residence, conduct unbecoming a police
officer, disobedience of the rules and regulations established and
hereafter to be established for the Department or absence from duty
without just cause for five days or more.
Any member of the Department may be suspended, removed, fined,
or reduced from his office or employment, for just cause upon due
notice and service of written charges and a hearing before the Mayor
and Council of the Borough as provided by law.
[Ord. #149, § 6; 1970 Code § 2-10.13]
All members of the Police Department shall provide and maintain
in clean and serviceable condition such wearing apparel and equipment
as shall be prescribed by the Mayor and Council.
[Ord. #149, § 6; 1970 Code § 2-10.14]
All firearms which may be provided by the Borough shall remain
the property of the Borough.
[Ord. #158, §§ 1 — 3; 1970 Code § 2-10.15;
Ord. #94-4]
Vacations for all members of the Department, including the Chief
of Police, shall be as prescribed in the Police Collective Bargaining
Agreement.
[Ord. #94-4]
Nothing herein contained shall prevent the appointment by the
appropriate authority of committees or commissions to conduct investigations
of the operation of the police force and the delegation to such committees
or commissions of such powers of inquiry as the governing Mayor and
Council deems necessary or to conduct such hearing or investigation
authorized by law. Nothing herein contained shall prevent the appropriate
authority or any executive or administrative officer charged with
the general administrative responsibilities within the municipality
from examining at any time the operations of the Police Department
or the performance of any officer or member thereof. Nothing herein
contained shall infringe on or limit the power or duty of the appropriate
authority to act to provide for the health, safety or welfare of the
municipality in an emergency situation through special emergency directives.
[Added 5-25-2023 by Ord. No. 2023-5]
[Added 5-25-2023 by Ord.
No. 2023-5]
a.
The position of Special Class III Law Enforcement Officer is hereby
established who shall be under the command of the Chief of Police
and who shall report through the chain of command to enhance the service
and protection provided by the Department's sworn police officers.
b.
The authority and operations appointment, training, deployment and
performance of its Class III special law enforcement officers shall
be governed by N.J.S.A. 40A:14-146.10, 40A:14-146.11, 40A:14-146.15
and 40A:14-146.16, as well as the provisions established in this chapter
and the rules and regulations of the Moonachie Police Department.
c.
All Class III special law enforcement officers shall be appointed
by the Mayor with the advice and consent of majority of the Council,
to hold office as provided by law.
[Added 5-25-2023 by Ord.
No. 2023-5]
a.
All qualified persons desiring to be appointed as Class III special
law enforcement officers shall apply by sending a letter of interest
and resume to the Chief of Police.
b.
All applicants will be subject to a background check, a motor vehicle
driving record check and medical, physical, psychological, and/or
drug screening examinations.
c.
All applicants will be evaluated based upon their resume, qualifications,
education, service record, and interviews with, and recommendations
of, the Chief of Police and the Borough Administrator, as well as
any other sworn officers and/or Borough officials involved in the
evaluation and hiring process.
d.
The Chief of Police and the Borough Administrator or their designee
shall recommend the most qualified applicants to the Mayor for appointment
with the advice and consent of the Council.
e.
After appointment by the Mayor and Council, all appointees shall
swear or affirm an oath of office as a Class III special law enforcement
officer of the Borough of Moonachie, shall be issued a badge and identification
and shall report as ordered to the Chief of Police for training and
deployment.
f.
The term of appointment shall match the beginning and ending dates
of school days for faculty in an academic year. Appointments shall
be made yearly and an appointment made for any given academic year
shall not be construed nor implied to constitute an offer for, or
guarantee of, employment for a subsequent academic year.
g.
Appointees who fail to successfully complete any training, continuing
education, or weapons qualification, as mandated by state statute,
the rules and regulations of the Moonachie Police Department or the
Chief of Police, shall be immediately terminated.
[Added 5-25-2023 by Ord.
No. 2023-5]
a.
All Class III special law enforcement officers shall meet the qualifications
pursuant to N.J.S.A. 40A:14-146.10, which require that they:
1.
Be a retired law enforcement officer who is less than 65 years of
age and whose retirement date and length of separation comply with
the rules and regulations for a bona fide retirement.
2.
Have served as a duly qualified, fully trained, full-time officer
in any municipality or county of the State of New Jersey or as a member
of the New Jersey State Police and was separated from that prior service
in good standing within three years of appointment.
3.
Be physically capable of performing the functions of the position,
as determined in accordance with the Police Training Commission guidelines.
4.
Possess a New Jersey Police Training Commission basic police officer
certification or New Jersey State Police Academy certification.
6.
Be hired in a part-time capacity.
b.
In addition to the qualifications required by N.J.S.A. 40A:14-146.10
as listed in this section, all Class III special law enforcement officers
shall:
1.
Be under the age of 60 at the time of appointment.
2.
Be a resident of the State of New Jersey.
3.
Possess a valid New Jersey driver's license.
4.
Be of good moral character.
5.
Be physically and mentally fit.
6.
Be able to successfully complete all required pre-appointment and
post appointment screening, evaluation and training processes.
7.
Be subject to annual appointment for a term that matches the beginning
and ending dates of school days for faculty in an academic year.
8.
Be subject to any and all training and/or continuing education, including
firearm qualification, as may be prescribed by the Chief of Police.
[Added 5-25-2023 by Ord.
No. 2023-5]
a.
Class III special law enforcement officers shall be responsible for
providing armed security at all public schools and facilities within
the Borough and at all official school functions attended by students
outside of school facilities, as may be directed by the Chief of Police,
or his or her designee, subject to the provisions of N.J.S.A. 40A:14-146.11
and 40A:14-146.5.
b.
When on duty, all Class III special law enforcement officers shall
exercise the full powers and duties, including the carrying and use
of a firearm and other mechanical force devices as prescribed by the
Chief of Police, as sworn police officers of the Police Department.
Class III special law enforcement officers are authorized to respond
to offenses and emergencies off school property if they occur in their
presence.
c.
In times of disaster and/or emergency, the Chief of Police, or his
or her designee, may activate, recall and/or otherwise assign any
Class III special law enforcement officer to any duty in support of
the operations of the Moonachie Police Department's response
to said disaster and/or emergency.
d.
Class III special law enforcement officers shall be issued a firearm,
mechanical force devices and any such other equipment or supplies
necessary to perform their duties as determined by the Chief of Police,
who shall also prescribe uniforms that the special officers are responsible
for acquiring. Class III special law enforcement officers shall be
responsible for the care and maintenance of their uniforms and equipment
and shall wear the uniform of the day and carry a firearm and other
mechanical force devices and equipment as prescribed by the Chief
of Police at all times when on duty.
[Added 5-25-2023 by Ord.
No. 2023-5]
a.
The terms of employment for all Class III special law enforcement
officers shall be governed by the provisions of this chapter, the
Borough of Moonachie Personnel Manual and any other such ordinances
or resolutions as may be adopted by the Mayor and Council.
b.
Notwithstanding any other provisions to the contrary, Class III special
law enforcement officers shall not be eligible, as a result of their
employment as a special officer, for the following benefits:
c.
The salary and wages of all Class III special law enforcement officers
shall be established as an hourly wage pursuant to the Salary Ordinance
adopted annually by the Mayor and Council. Wages will be paid only
for hours worked, including hours attending mandated training, continuing
education and weapon qualification, unless otherwise specified in
this chapter.
d.
During each term of appointment, Class III special law enforcement
officers shall be permitted paid sick days equal to five working days,
shall receive a uniform allowance, the amount of which shall be determined
by the Mayor and Council, and may be reimbursed for reasonable expenses,
subject to the approval of the Chief of Police and the Borough Administrator
or their designee.
e.
Class III special law enforcement officers shall be available for
work on all official school days in the academic calendar when faculty
is working in the school buildings. The work schedule and post for
all Class III special law enforcement officers shall be established
by the Chief of Police or his or her designee.
f.
Any and all policies and rules governing the hiring, employment,
performance, conduct, deployment, scheduling, and/or duties of Class
III special law enforcement officers, not otherwise provided for in
this chapter, shall be governed by the Borough of Moonachie Employee
Personnel Manual, the Salary Ordinance adopted annually by the Mayor
and Council, the rules and regulations of the Moonachie Police Department
and the policies and decisions of the Chief of Police and the Borough
Administrator or their designee.
[Ord. #73-1, § 1; 1970 Code § 2-11.1]
The Fire Department of the Borough is hereby created and established
with jurisdictional boundaries co-extensive with the boundaries of
the Borough. The Fire Department shall be known as the Moonachie Fire
Department.
[Ord. #20, § 2; 1970 Code § 2-11.2; Ord.
#92-19, § 1]
The Fire Department shall consist of one Chief, at least one
but not more than two Assistant Chiefs, at least one but not more
than two Captains, at least one but not more than two Lieutenants,
the members of the Fire Committee of the Borough Council and the companies.
The companies will consist of two hose companies, one hook and
ladder company, one chemical company and as many additional companies
of any class as the Council may deem necessary.
[Ord. #152, § 1; 1970 Code § 2-11.3;
Ord. #92-19, § 1]
a.
Election of the Chief. The Chief shall be elected for a term of one
year, by ballot, by the active members of the Fire Department who
are in good standing, at an annual election to be held on the first
Thursday of the month of December each year, and the Chief so elected
shall take office on January 1, following the election. The manner
in which the election shall be held is as follows: Each fire company
shall have the right to file with the Borough Clerk, in writing, not
more than 30 days, and not less than three days before the election
shall take place, the name of the nominee selected and endorsed by
them. The Clerk shall cause the names of all candidates nominated
to be printed on a sufficient number of ballots. At the time of the
election, one of the ballots is to be furnished by the Clerk, on application,
to each member of the Fire Department who shall be entitled to vote.
b.
Election of the Assistant Chief(s), Captain(s), and Lieutenant(s).
These officers will be elected for a term of one year, by ballot,
by the active members of the Fire Department who are in good standing
at an annual election to be held at the Department meeting in the
month of December in each year and the officers so elected shall take
office on January 1, following the election.
The manner in which the election shall be held is as follows:
Any member of the Department in good standing shall have the right
to nominate a member for office. The nominations will be in the months
of October and November preceding the election. The Secretary of the
Department shall cause the names of all candidates nominated to be
printed on a sufficient number of ballots. At the time of the election,
one of the ballots is to be furnished by the Department Secretary
to each member of the Department who shall be entitled to vote. A
member who cannot attend the meeting must obtain a ballot from the
Secretary and return it to the Secretary of the Department prior to
the election.
[Ord. #20, §§ 4 & 5; 1970 Code § 2-11.4]
The Chief shall at all times have sole and absolute command,
control and management of the Fire Department, and all fire companies
and fire apparatus. It shall be his duty to direct the officers and
men under his command and to see that fire apparatus is placed in
the most advantageous positions for the extinguishment of the fire.
It shall be his duty every month to examine the condition of the fire
companies, fire apparatus, tools and appliances and fire houses within
the Borough, and submit a monthly report to the Borough Council. He
shall acknowledge receipt of all orders and report on their execution
at the first meeting of the Council following their receipt.
[Ord. #20, §§ 6 & 7; 1970 Code § 2-11.5]
In the absence of the Chief, the First or Second Assistant Chief,
respectively, shall perform all the duties of the Chief. In the absence
of the Chief and both Assistant Chiefs, the Mayor shall perform all
the duties of the Chief, and in case of fire the officer in command
of the company which arrives first at the fire shall act as engineer
until the Chief, an Assistant Chief or the Mayor is present.
[Ord. #20, § 8; 1970 Code § 2-11.6]
Failure to furnish monthly reports, to report the receipt and
execution of orders, or neglect of performance of duties necessary
for the welfare and efficiency of the Fire Department shall make the
Chief liable to removal by order of the Council, after a hearing.
The vacancy created by such removal shall be filled by the Mayor,
with the consent of the Council, by the appointment as Chief of either
of the Assistant Chiefs or the foreman of any fire company who has
served three years in the Department and is in good standing. The
appointee shall hold office for the unexpired term only and shall
make all appointments necessary to complete the membership of the
Board of Fire Officers.
[Ord. #20, § 9; 1970 Code § 2-11.7]
The Board of Fire Officers shall meet once each month. It shall
be the duty of the Board to report its approval of the fitness of
all newly-elected members of the Fire Department to the Council in
writing. It shall report monthly in writing upon the existence of
exits in buildings that might prove dangerous or inadequate for the
safe escape of persons gathered therein in case of fire, and upon
the existence in the Borough of any collection or manufacture of material
of inflammable character that might prove dangerous in case of fire,
in accordance with the fire prevention code of the Borough; and upon
all other matters which would tend to improve efficiency of the Department.
It shall be the duty of the Board to adjudicate all minor disputes
in or among the various companies that may be referred to it, but
such adjudication shall always be subject to appeal to the Council.
It shall submit an annual written report to the Council on the efficiency
and service performed by the members of the Department, which report
shall serve as a basis for promotion or in determining the right to
compensation or the right to participate in the annual department
election. It shall examine and approve the by-laws of the various
fire companies and report their approval to the Council. It shall
supervise the maintenance of accurate records by the secretary of
each company concerning attendance, service and performance of duty
of every member of each company, so that the Board's annual reports
are based on accurate and complete information.
[Ord. #73-1, § 2; 1970 Code § 2-11.7A;
Ord. #92-19, § 1]
The Board of Fire Officers shall consist of the members of the
Fire Committee of the Borough Council, the Fire Chief of the Moonachie
Fire Department, his Assistant Chief or Chiefs, Captain or Captains,
Lieutenant or Lieutenants of the Department. There shall be a Secretary
appointed by the Board of Fire Officers from the rank and file membership
of the Moonachie Fire Department for a term of one year. The members
of the Fire Committee of the Borough Council shall have no vote, but
may be heard on all matters considered by the Board of Fire Officers.
[Ord. #73-1, § 3; 1973 Code § 2-11.8]
The Council may at any time authorize the organization of a
fire company of any class upon the written application of 35 citizens
of the Borough. Every company so organized shall consist of not more
than 35 active members, provided however, that nothing herein shall
prevent the Council from consolidating two or more companies in such
a manner and under such terms and conditions as the Council shall
decide, and such consolidated companies shall not consist of more
than 35 active members each.
[Ord. #22, §§ 1 — 4; 1970 Code § 2-11.9]
a.
Acceptance Authorized. Any volunteer fire company of the Borough,
which is fully equipped for service and owns its fire apparatus, may
be accepted as a fire company of the Borough. The members thereof
shall become members of the Fire Department of the Borough upon written
application to the Council for recognition and admission to the Fire
Department.
b.
Application. The application shall state, in detail, the name of
the fire company, the date when the company was organized, the roll
of the members arranged alphabetically, together with the street address,
age and date of election to membership of each member and whether
he is a citizen of the United States, a list of officers of the company,
a correct description of the apparatus, tools, implements and supplies
owned or in the possession of the company and their condition, and
a description of all other property of the company. The application
shall contain a statement that each and every member of the company
will, upon being admitted to the Fire Department, agree to abide by
and be subject to the rules, regulations and provisions of this section
and shall have attached thereto a copy of the by-laws adopted by the
company. The application shall be signed by every member of the fire
company.
c.
Action on the Application. Upon receiving the application, the Council
by resolution may accept the fire company for recognition and admission
as a fire company of the Borough, and thereby constitute the members
of the company as members of the Fire Department of the Borough.
d.
Effect of Recognition and Acceptance. Upon the recognition and acceptance
of any fire company by resolution of the Council, each and every member
of the company shall become a member of the Fire Department of the
Borough and the company shall be a regularly recognized company of
the Department. The apparatus, tools, implements and supplies of the
fire company shall be subject to the control of the Council, provided,
however, that the turning over of such control shall not be construed
as a conveyance by such fire company of its rights and title to the
property, nor shall such control be construed to imply a right of
the Council to order the removal of the apparatus from the district
where it is now located for the purpose of locating the apparatus
at some other fire station in the Borough, and provided further that
nothing herein shall be construed as an obligation on the part of
the Council to make any repairs, pay any sum of money, or incur any
liability or obligation of any kind in connection with the apparatus,
tools, implements and supplies.
[Ord. #48, §§ 1, 2; Ord. #73-1, § 4;
1970 Code § 2-11.10; Ord. #94-12]
a.
Qualifications. Any member of any duly accepted fire company of the
Borough who has served seven years as an active member of the company
or any other duly accepted company of the Borough shall be entitled
to exemption and to all the rights, privileges and emolument of an
exempt fireman of the Fire Department of the Borough, provided the
seven years service has been in accordance with the rules and regulations
of the company or companies of which he has been a member, and the
rules and regulations prescribed by the Mayor and Council in respect
thereto. The exemption shall be granted by the Mayor and Council irrespective
of the fact that the company or companies to which the member has
belonged may not have been accepted by the Borough for the entire
period of seven years, so long as the company, at the time the exemption
is granted, has been duly accepted as a fire company of the Borough.
b.
Issuance of Certificate. Upon the granting by the Mayor and Council
of the exemption, there shall be issued to the exempt fireman a certificate
of exemption signed by the Mayor and attested by the Clerk.
c.
Retirement. There shall be no mandatory retirement as an active member
of the Moonachie Fire Department.
When any member of the Moonachie Fire Department shall have
served as an active member in any fire company for not less than 20
years, said member may, on application therefor, become and continue
to be an inactive member. The company limitation of 35 refers to active
members and there can be as many inactive members as shall be entitled
to such status as herein provided. Inactive members shall receive
an annual clothing allowance of $250. No such member shall be required
to perform any firematic duties. No such member shall vote for any
officers or hold any office in the Moonachie Fire Department.
[Ord. #73-1, § 5; Ord. #74-4, § 1; Ord.
#81-10, § 1; 1970 Code § 2-11.11; Ord. #92-19,
§ 1]
To become a member of the Moonachie Fire Department or any unit
thereof, a candidate shall be over 18 years of age, a citizen of the
United States and a resident of the Borough for more than six months.
His election shall be approved by the Board of Fire Officers and the
Borough Council. The requirements herein may be waived by the enactment
of an appropriate resolution by the Mayor and Council upon good cause
being shown.
An applicant for membership in the Moonachie Fire Department
must agree to any and all reasonable Police and motor vehicle reviews
of the said applicant's history on such forms as shall be promulgated
by the appropriate authorities.
[Ord. #77, § 3; 1970 Code § 2-11.12;
Ord. #92-19, § 1]
An applicant for membership in the Moonachie Fire Department
must present a certificate from a licensed practicing physician indicating
that the applicant is in good physical and mental condition and must
also present a certificate from a practicing dental surgeon to the
effect that careful examination has been made of the applicant's mouth,
gums and teeth and that they are free from disease.
[Ord. #77, § 3; 1970 Code § 2-11.13]
Upon the election of a member by any fire company organized
or recognized under this section, the secretary of the company shall
present the name of the elected member to the Board of Fire Officers
at the first meeting of the Board following the election, and if the
election is approved by the Board, the secretary of the Board shall
forward the name of the member to the Council at the first meeting
following approval by the Board, and if the name of the member so
elected is approved by the Council, it shall be entered by the Clerk
in a book to be kept for that purpose and to be known as the Register
of the Fire Department, which book shall contain a full and correct
copy of this section as well as the names of all of the members of
the Fire Department, the date of their admission and their place of
residence. Upon approval by the Council, a certificate shall be issued
to the member, signed by the Mayor and attested by the Clerk, certifying
that the person therein named is a duly qualified fireman of the company
named of the Borough.
[Ord. #77, § 1; 1970 Code § 2-11.14;
Ord. #94-12]
Every active member of the Moonachie Fire Department shall,
in each and every year, perform at least 60% of duty, and every active
life member shall perform at least 40% of duty, such being composed
of answering fire alarms, actual attendance and duty at fires, drills
and special duties as set by the Chief. The number of drills shall
not exceed 20 in any year.
[Ord. #20, § 13; 1970 Code § 2-11.15]
In case any member of the Fire Department shall move from the
Borough and not return within three months, he shall cease to be a
member and shall forfeit all rights as a member, provided that the
Council at any regular meeting, upon written application, may grant
to any member of the Fire Department a leave of absence for such period
or periods during any year as it may deem appropriate; and provided
also that the total grant or leave of absence to any member shall
not exceed three months in any year, except by special permission
of the Council. All furlough time granted shall be served to complete
the seven years service required by the statutes of the State of New
Jersey to entitle any fireman to a certificate as an exempt fireman.
[Ord. #20, § 14; 1970 Code § 2-11.16]
The government and management of every fire company shall be
according to the constitution, by-laws and rules which may be adopted
by the company, and approved by the Board of Fire Officers, provided
the same shall not be inconsistent with the provisions of this section
and such rules and regulations for the organization and efficiency
of the Fire Department which may be adopted by the Council.
[Ord. #20, § 15; 1970 Code § 2-11.17]
No fire engine, hook and ladder truck, hose cart, fire carriage
or chemical wagon shall at any time during the existence of any fire
in the Borough, or alarm of fire, be taken out of any fire house unless
at least one member of the company is present and consents thereto.
[Ord. #20, § 16; 1970 Code § 2-11.18]
No fire company admitted or organized under this section may
take the apparatus in its charge to attend fires outside of the Borough
upon a call for their services, without orders of the Chief or an
Assistant Chief, or the Mayor, provided at least two firemen belonging
to the company shall be present and consent thereto.
[Ord. #20, § 1970 Code § 2-11.19]
The officers and members of the Fire Department shall at all
times be subject to and under the control of such rules and regulations
as the Council may adopt.
[Ord. #20, §§ 18 — 20; 1970 Code § 2-11-20;
Ord. #94-12]
a.
Established. Every active member of the Moonachie Fire Department who shall perform at least 60% of fire duty, and every active life member who shall perform at least 40% of duty, to include what is set forth in subsection 2-14.15, shall be paid a clothing allowance as determined by the Board of Fire Officers in the manner hereinafter provided. Any member who is prevented from such performance of duty by sickness or absence from the Borough, shall be paid a clothing allowance as determined by the Board of Fire Officers, in a manner hereinafter provided. All such amounts are subject to approval and appropriation of monies by the Mayor and Council.
b.
Certified Report Required. On or before November 1, in each year,
the Board of Fire Officers shall submit to the Council a report in
writing, stating the percentage of service rendered by each fireman
during the year ending on October 1 last past, the names of those
who were prevented from active duty by reason of illness or actual
or necessary absence from the Borough, the duration of the illness
or cause of such absence, that the board has investigated such illness
and the cause of such absence, that after investigation it finds such
illness or absence to have been for reasonable and proper cause, and
that the fireman is or is not entitled to be paid the yearly compensation,
and the amount due each member. The report shall be certified under
the hands of the members of the Board of Fire Officers, or a majority
of them, and sworn to by the Chief of the Department (or Assistant
Chief in case of the absence of the Chief) and thereupon the Council
at a subsequent regular meeting shall cause warrants to be issued
for the payment of the amount due to each fireman, in accordance with
the report. Any fireman feeling himself aggrieved by the report may
appeal to the Council and the appeal shall be heard by the Council
after giving the Board of Fire Officers and the appealing member at
least three days' notice of the time and place of the hearing.
c.
Prorata Share. Any member of the Department serving less than one
year shall be paid a prorata share of the compensation for the period
of his service. A new member shall be paid from the time of his admission,
and a returning member shall be paid for his service up to the time
of his resignation or the severance of his relation with the Fire
Department, provided he should have performed 60% of the fire duty
during the time he is connected with the Department.
[Ord. #00-6, § 1]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the Moonachie Fire Department for their loyal, diligent, and devoted
services to the residents of the Borough of Moonachie.
[Ord. #00-6, § 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Moonachie
pursuant to P.L. 1997, c.388; and that such plan shall be administered
in accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this section.[1]
[1]
The LOSAP Point Schedule is included as an attachment to this chapter.
[Ord. #00-6, § 3; Ord. #2002-4, § 1;
Ord. #2006-5, § 1]
N.J.A.C. 5:30-14.9, allows the maximum contribution of the sponsoring
agency may be increased from the amount previously approved by referendum
by the voters of the Borough of Moonachie. The amount of $1,150 may
be increased by Cost of Living Adjustment for each year beginning
with 2007 prospectively subject to Mayor and Council approval.
[Ord. #00-6, § 4]
The estimated cost of the program has been calculated as follows:
For regular annual service: $28,750 per year.
[Ord. #00-6, § 5]
Each active volunteer member shall be credited with points for volunteer services provided to the Moonachie Fire Department in accordance with the schedule set forth hereinabove in subsection 2-14A.3.
[1]
Editor's Note: Approved at the election of November 5, 2006.
[Ord. #2006-6, § 1]
A Length of Service Award Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the volunteer First Aid and Rescue Squad for their loyal, diligent,
and devoted services to the residents of Borough of Moonachie.
[Ord. #2006-6, § 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Moonachie
pursuant to P.L. 1997, c. 388; and that such plan shall be administered
in accordance with the laws of the State of New Jersey, the U.S. Internal
Revenue Code, and this section.
[Ord. #2006-6, § 3]
The LOSAP shall provide for annual contribution to each eligible
member that meets the criteria as follows:
LOSAP POINT SCHEDULE
General Provisions:
a.
Earning 100 points will award an eligible year of service.
b.
Member is vested after five qualifying years.
c.
A minimum four points per calendar year each must be earned from
fundraising and recruitment. The remaining points must be earned in
a minimum of three other categories as listed below.
Categories:
1.
Training Courses — 20 point maximum.
One point per training hour attended (No points accrue for traveling
hours or overnight stay hours)
This includes, but is not limited to, Squad-sanctioned activities,
such as:
2.
Drills - 10 point maximum
One point per drill minimum of two hour drill; any drill over
two hours, add one point per additional hour attended. This includes,
but is not limited to Squad-sanctioned activities, such as:
3.
Duty Period — 20 point maximum.
(a)
One point per six hour duty period, as defined in squad by-laws.
(b)
Two points per 12 hours duty period, regardless of number of
calls answered.
(c)
Members with 30 years of service, or those disabled, shall be
exempt from this category, but shall remain eligible for LOSAP, provided
that the required points are earned in another category.
Duty Period Requirement.
One point per duty period. One point per second call answered
outside of duty period. Two points awarded for a full 2nd rig duty
period, regardless number of calls answered. Maximum 20 points per
year.
Members are required to be available for their duty period as
defined in the Moonachie First Aid and Rescue Squad by-laws.
Members shall not receive credit for any duty period that someone
else covers on their behalf.
Members must complete all tasks required in the squad by-laws
while on duty to receive credit.
Members must be willing, ready, and able to perform duty period.
Members with 30 years of service, or those disabled, shall be
exempt from this requirement, but shall remain eligible for LOSAP
benefits, provided that the required points are earned in other categories.
4.
Elected and appointed positions - 20 points maximum
(a)
Five points awarded for every three full months served.
7.
Miscellaneous squad sanctioned activities — 20 points maximum.
(a)
One point per hour, up to eight points per activity per day.
[Ord. #2006-6, § 4]
The annual contribution for each year of current, and future
service to eligible active volunteers of the Moonachie First Aid and
Rescue Squad shall be $1,150, with the annual COLA increase beginning
2007. While the maximum amount is set by statute, it is subject to
periodic increases that are tied to the consumer price index (CPI).
The permitted maximum amount may be issued annually, subject to Mayor
and Council approval according to the emergency services volunteer
length of service award program act. (N.J.S.A. 40A:14-185(f) and N.J.A.C.
5:30-14.9).
This program shall not provide for contributions for prior years
service.
[Ord. #2006-6, § 5]
The estimated cost of the program has been calculated as follows:
a.
For regular annual service: $46,000 per year.
[Ord. #2006-6, § 6]
Each active volunteer member shall be credited with points for volunteer service provided to the volunteer First Aid and Rescue Squad in accordance with the schedule set forth hereinabove in subsection 2-14B.3.
[1970 Code § 2-12.1]
Within the Department of Buildings and Grounds and Inspections,
the working foreman shall supervise the maintenance of all Borough
recreation areas, buildings and grounds, and all Borough-owned property,
including streets, lawns and shrubs.
[1970 Code § 2-12.2; Ord. #90-4]
Within the Department of Buildings and Grounds and Inspections,
there shall be a Division of Inspections, the head of which shall
be the Construction Official. The Construction Official shall be appointed
by the Mayor, with the advice and consent of the Council, to serve
for a term of one year. Prior to his appointment he shall be qualified
by training and experience in the duties of Construction Official.
[1970 Code § 2-12.3; Ord. #90-4]
The Construction Official shall serve as the Zoning Officer
and shall issue Certificates of Occupancy. The Construction Official
shall:
a.
Enforce the building code and have all the powers, functions and
duties prescribed by general law and ordinance for Construction Official.
b.
Keep a record of his proceedings, a permit book and complaint book,
all of which shall be subject to inspection. He shall report regularly
to the Mayor and Council, at their direction, the number of permits
issued, the estimated cost of such work and the fees received and
paid by him to the Treasurer.
c.
Work such hours and be present daily at the Municipal Building at
such times as designated by resolution of the Mayor and Council.
[Ord. #2011-5]
The Mayor and Council of the Borough of Moonachie is the Governing
Body which supports and promotes the organizations within the Borough
that provides fire protection, first aid and rescue squad services
to the taxpayers and residents of the Borough of Moonachie.
[Ord. #2011-5]
There is a legal and moral responsibility to provide fire protection,
first aid and rescue squad services in a safe and effective manner
for the benefit of both volunteers and residents.
[Ord. #2011-5]
a.
There exists a pressing need to promulgate rules, regulations, procedures
and policies to effectively and safely provide these emergency services,
and therefore:
1.
No one under the age of 21 is permitted to drive any emergency vehicle
of the Fire Department, First Aid and Rescue Squad.
2.
All drivers must successfully attend and pass a CEVO (defensive driving)
course by January 1, 2012 before they can operate an emergency vehicle.
3.
Emergency vehicles are not permitted to be used for non-emergency
calls without an officer's permission except for fuel or maintenance.
4.
All personnel shall wear seatbelts at all time unless patient care
is compromised or otherwise necessary or patient care.
5.
All emergency vehicles shall come to a complete stop at all traffic
lights, stop signs, and railroad crossings without exception.
6.
The operator and officer shall be responsible for obeying all traffic
laws and the safety consideration of all passengers including maintain
posted speed limits and rights-of-way.
7.
Lights and sirens shall not be permitted unless engaged in an emergency
call or response and in that event both must be used simultaneously.
8.
All emergency vehicles shall maintain communications with the police
dispatcher in order to provide and share location and logistical information.
9.
At no time shall any driver operate any emergency vehicle under the
influence of alcohol or drugs.
10.
The Organization's Policies and Procedures shall be updated and codified
and brought to the current standards and reviewed on a regular basis.
From the Policies and Procedures Manual, Standard Operating Procedures
(SOPs) will be derived and distributed to the members to ensure consistent
adherence.
11.
The Borough's Policies and Procedures Manual shall be adopted in
its entirety and adhered to the extent applicable as volunteer emergency
service organizations.
[1970 Code § 2-13.1]
The Borough Attorney shall be appointed by the Mayor with the
advice and consent of the Council for a term of one year. He shall
be an attorney-at-law of New Jersey but need not be a resident of
the Borough. In lieu of appointing an individual attorney, Council
may appoint a firm of attorneys, all members of which shall be attorneys-at-law
of New Jersey. The attorney shall not receive a fixed salary but shall
be paid such retainer as may be agreed upon and authorized by the
Council, plus such fees and charges as shall be deemed reasonable.
[1970 Code § 2-13.2]
The attorney shall have such powers and perform such duties
as are provided for the office of Borough Attorney by general law
or ordinances of the Borough. He shall represent the Borough in all
judicial and administrative proceedings in which it or any of its
officers or agencies may be a party or have an interest. He shall
give all legal counsel and advice where required by the Mayor and
Council, or any member thereof, and shall in general serve as the
legal advisor to the Mayor and Council on all matters of Borough business.
In furtherance of such general powers and duties, but without limitation
thereto, the Borough Attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b.
With the approval of the Mayor and Council, conduct appeals from
orders, decisions or judgments affecting any interest of the Borough
as he may in his discretion determine to be necessary or desirable
or as directed by the Mayor and Council.
c.
Subject to the approval of the Council, have power to enter into
any agreement, compromise or settlement of any litigation in which
the Borough is involved.
d.
Render opinions in writing upon any question of law submitted to
him by the Mayor and Council, or any member thereof, with respect
to their official powers and duties, and perform such duties as may
be necessary to provide legal counsel to the Mayor and Council in
the administration of municipal affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Council may authorize for special
or regular employment in or for the Borough.
[Ord. #79-16, § 1; 1970 Code § 2-26.1]
There is hereby established the position of Prosecutor in the
Borough.
[Ord. #79-16, § 2; 1970 Code § 2-26.2]
The Prosecutor shall be appointed by the Mayor and Council and
shall prosecute offenses in the Municipal Court. He shall perform
other duties assigned to him by the Mayor and Council.
[Ord. #79-16, § 3; 1970 Code § 2-26.3]
The Prosecutor shall be paid for his services by vouchers submitted
and approved by the Mayor.
[1970 Code § 2-14.1]
There shall be a Borough Engineer who shall be appointed by
the Mayor and Council for a term of one year. In lieu of appointing
an individual, the Mayor and Council may appoint a firm of engineers,
each member of which shall be a licensed civil engineer of the State
of New Jersey. The Borough Engineer shall receive such compensation
as may be agreed upon and determined by the Council. He shall be a
duly licensed civil engineer of the State of New Jersey.
[1970 Code § 2-14.2]
The Borough Engineer shall perform such duties as are prescribed
by general law and ordinance, and in addition shall:
a.
Prepare, or cause to be prepared, plans, designs and specifications
for public works and improvements undertaken by the Borough, either
on force account or by public contract.
b.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c.
Operate, maintain and repair the Borough storm sewer system.
d.
Provide technical and engineering advice and assistance to other
Borough departments as needed.
e.
All papers, documents, memoranda, reports and other materials relating
to the administration of engineering duties of the Borough Engineer
shall be and remain the property of the Borough. Upon the termination
of his service with the Borough, the Borough Engineer shall forthwith
surrender to any successor all such property.
[Ord. #190, § 1; 1970 Code § 2-15.1]
The position of Borough Physician is hereby established.
[1970 Code § 2-15.2]
The Borough Physician shall be appointed by the Mayor with the
advice and consent of the Council for a term of one year. He shall
be a licensed physician of the State of New Jersey but need not be
a resident of the Borough.
[Ord. #190, §§ 2 — 4; 1970 Code § 2-15.3]
The Borough Physician shall examine persons charged with drunken
driving. The Borough Physician shall examine or cause to be examined
any employee of the Borough who reports sickness or disability which
may incapacitate such employee for employment with the Borough. The
Borough Physician shall perform such other duties and shall keep such
records as prescribed by resolution of the Mayor and Council.
[Ord. #190, § 5; 1970 Code § 2-15.4]
The Borough Physician shall receive such fees for services as
shall be designated by resolution of the Mayor and Council.
[Ord. #98-5, § 1]
A person applying for representation by a Municipal Public Defender
or Court approved counsel shall be required to pay an application
fee of not more than $200 but only in an amount necessary to pay the
costs of Municipal Public Defender services. In accordance with guidelines
promulgated by the Supreme Court, the Municipal Court may waive any
required application fee, in whole or in part, only if the Court determines,
in its discretion, upon a clear and convincing showing by the applicant
that the application fee represents an unreasonable burden on the
person seeking representation. The Municipal Court may permit a person
to pay the application fee over a specific period of time not to exceed
four months.
[Ord. #98-5, § 2]
Funds collected pursuant to subsection 2-27.1 of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the municipality. Such fund shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender including, when required, expert and lay investigation and testimony.
[Ord. #112, § 1; 1970 Code § 2-16.1]
There shall be a Municipal Court in the Borough pursuant to
the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended
and supplemented, to be known as the Municipal Court of the Borough
of Moonachie, Bergen County. The Municipal Court shall have a seal
bearing the impress of the name of the Court. The Court shall be held
in the Borough Hall or such other place as the Council shall designate
and shall exercise all of the functions, powers, duties and jurisdiction
conferred upon municipal courts by the provisions of Chapter 264 of
the 1948 Laws of New Jersey, as amended and supplemented, or any other
law.
[Ord. #112, § 2; 1970 Code § 2-16.2]
There shall be a Municipal Judge of the Municipal Court appointed
by the Mayor with the advice and consent of the Council. The Municipal
Judge shall serve for a term of three years from the date of appointment
and until a successor shall be appointed and qualified.
The Municipal Judge shall have and possess the qualifications,
and shall have, possess and exercise all the functions, duties, powers
and jurisdiction conferred by Chapter 264 of the 1948 Laws of New
Jersey, as amended and supplemented, or by general law or ordinance.
[1970 Code § 2-16.3]
There shall be a Clerk of the Municipal Court who shall be appointed
by the Mayor and Council and who shall perform such functions and
duties as shall be prescribed for him by law, the rules applicable
to municipal courts, and by the Municipal Judge. His duties shall
include, but not be limited to:
a.
Carrying out the rules, regulations, policies and procedures relating
to the operation of the court.
b.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to court matters.
c.
Maintaining the financial records of the court.
d.
Attending court, taking minutes of the trials and entering them in
the docket; arranging trial calendars; signing court documents; preparing
and issuing warrants and commitments.
e.
Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs.
f.
Interviewing persons on informal police court matters to determine
if there is a basis for formal action and, if necessary, issue summonses
requiring court appearances in this regard; maintaining and classifying
records and files.
[Ord. #90-7, § 1]
There shall be a local assistance board composed of five persons.
One of the five persons shall be a woman and all of said members shall
be appointed by the Mayor upon the approval of the Governing Body
and shall serve without compensation but shall be allowed their necessary
and actual expenses.
[Ord. #90-7, § 1]
The term of one member shall be for one year and such member
only may be appointed from among the membership of the Governing Body
of the Municipality and the terms of the other members thereof shall
be as follows:
a.
The terms of the remaining members shall be for four years each,
one term expiring each year.
b.
The term of each member of a local assistance board shall begin on
the first day of January, and each member shall continue in office
until his successor shall be appointed and shall qualify.
c.
Vacancies shall be filled for the unexpired terms only.
[Ord. #90-7, § 1]
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. The Director
shall hold office for a term of five years from the date of his appointment
and shall be paid such salary as may be fixed by such board subject
to approval by the Governing Body. Nothing herein shall be construed
to make the overseer of the poor of a municipality ineligible for
appointment also as director of welfare by such local assistance board.
b.
In case of vacancy in the Office of Director of Welfare, one temporary
or acting director may be appointed to serve for not more than 90
days.
c.
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.
d.
No employees of the Welfare Department 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. #90-7, § 1]
The Director of Welfare shall perform the following duties:
a.
Supervise by periodic investigation every 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 the 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.
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.
f.
Act in accordance with the dictates of N.J.S.A. 44:8-119 through
127 and any other applicable Governmental mandates.
[1]
Editor's Note: For appointment of alternate members see Appendix
A at the rear of the Code.
[Ord. #11, §§ 1 — 3; 1970 Code § 2-20.1]
There shall be a Board of Health in the Borough consisting of
five members appointed by the Mayor with the advice and consent of
the Council. Members shall be appointed for a term of three years,
except that of the members first appointed, one shall hold office
for one year, two for two years and two for three years. Appointments
to fill vacancies shall be made in the same manner as original appointments
and all such appointments shall be for the unexpired term only.
[Ord. #11, §§ 4 — 6; 1970 Code § 2-20.2]
The Board of Health shall have the power and authority to adopt
ordinances relating to the protection of the health of Borough residents,
shall employ necessary personnel and fix their salaries, and shall
have under its jurisdiction the Bureau of Vital Statistics, the Health
Officer and such other employees as are necessary to carry out its
duties. The Board of Health shall have all of the jurisdiction conferred
upon boards of health by Title 26 of the Revised Statutes.
[1970 Code § 2-21]
There shall be an Emergency Management Council pursuant to Chapter
438 of the 1956 Laws of New Jersey, N.J.S.A. App. A:9-41 and a Director
thereof. The Police Department and all departments of the Borough
government shall cooperate with and assist the Council as required.
[1970 Code § 2-22.1]
The Council finds that there has existed for not less than 10
years in the Borough unimproved vacant land, commonly called "meadowlands",
which by reason of its topography and the nature of its soil, is not
likely to be developed through the instrumentality of private capital,
and thus produces insufficient income to enable the owners thereof
to pay reasonable taxes to be assessed thereon and is not productive
for either residential, commercial or manufacturing use. These areas
should be developed for the improvement of the Borough, and it is
in the public interest that work on projects for such purposes be
commenced as soon as possible. The conditions described herein have
existed in other municipalities on the account of the presence therein
of meadowlands. Development of the meadowlands within the Borough
can be best facilitated in connection with a comprehensive development
plan embracing some or all of the municipalities containing meadowlands.
[1970 Code § 2-22.2; Ord. #90-4]
Pursuant to the provisions of Chapter 306 of New Jersey Sessions
Laws of 1949, N.J.S.A. 40:55C1 et seq., which authorizes the creation
of the Hackensack Meadowlands Development Commission, the Borough
and the other municipalities passing similar ordinances do agree that
there shall be created and they do hereby create a public body corporate
and politic to be known as the Hackensack Meadowlands Development
Commission.
[1970 Code § 2-22.3]
The Hackensack Meadowlands Development Commission shall constitute
an instrumentality of the Borough and of any other Municipality creating
by a similar ordinance the Hackensack Meadowlands Development Commission.
[1970 Code § 2-22.4]
The Hackensack Meadowlands Development Commission shall cooperate
with the Department of Conservation and Economic Development of the
State of New Jersey, a public body as contemplated in Chapter 306
of the New Jersey Sessions Laws of 1949.
[1970 Code § 2-22.5]
There shall be two members of the authority appointed by the
Mayor, with the advice and consent of the Council, to serve for three-year
terms as the Borough representatives on the authority.
[Ord. #76-8, § 1; 1970 Code § 2-27.1]
The Borough desires to participate in the area of operations
of the Housing Authority of Bergen County throughout its territorial
boundary and the jurisdiction of its Mayor and Council for the purpose
of alleviating the shortage of safe and sanitary housing for low-income
senior citizens.
[Ord. #76-8, § 2; 1970 Code § 2-27.2]
The Borough does hereby consent to its inclusion in the area
of operation of the Housing Authority of Bergen County.
[Ord. #76-8, § 3; 1970 Code § 2-27.3]
The Clerk is hereby authorized and directed to file a certified
copy of this section with the Commissioner of the State Department
of Conservation and Economic Development and with the Secretary of
the Housing Authority of Bergen County.
[Ord. #75-1; Ord. #75-3; Ord. #76-6; Ord. #77-6; Ord. #78-6;
Ord. #79-15; Ord. #80-9; Ord. #81-11; Ord. #84-10; Ord. #87-24; 1970
Code § 2-23; Ord. #90-16; Ord. #93-4]
a.
Findings. Certain Federal funds are potentially available to the
County of Bergen under Title I of the Housing and Community Development
Act of 1974, as amended and commonly known as the Community Development
Block Grant.
It is necessary to supersede an existing interlocal services
cooperative agreement for the County and its people to benefit from
this program.
An agreement has been proposed under which the Municipality
of the Borough of Moonachie and the County of Bergen in cooperation
with other municipalities will modify an interlocal services program
pursuant to N.J.S.A. 40:8A-1 et seq.
It is in the best interest of the Municipality to enter into
such an agreement.
b.
Authorization and Participation. The Mayor and Council of the Borough
ordain that the agreement entitled "Three Year" Cooperative Agreement:
"An Agreement Superseding the Cooperative Agreement dated May 1975
and amendments thereto for the Purpose of Inserting a Description
of Activities for the Twentieth Year (July 1, 1994 - June 30, 1997)
Urban County Community Development Block Grant Program", to clarify
the planning and implementation procedures, and to enable the Municipality
to make a three year irrevocable commitment to participate in the
Community Development Program for the Program Years 1994, 1995 and
1996 (July 1, 1994 - June 30, 1997) be executed by the Mayor and Municipal
Clerk in accordance with the provisions of law.
a.
Preamble. The Borough of Moonachie seeks to continue and enhance
the provision of cost effective police services. The Boroughs of Teterboro
and the Borough of Little Ferry have indicated their desire to enter
into an Interlocal Services Agreement for the provision of police
services to the Borough of Teterboro, substantially upon the terms
and conditions of the attached agreement.
N.J.S.A. 40:81-1 et seq., as amended, the Interlocal Services
Act, specifically authorizes two or more municipalities to enter in
a contract for the joint provision of police and other municipal services.
The Mayor and Council of the Borough of Moonachie have determined
that the execution of the attached Interlocal Services Agreement is
in the best interest of the Borough of Moonachie and is likely to
enhance the provision of cost effective police services.
b.
Title. This subsection shall be known and may be cited as the "Interlocal
Service Ordinance for Police Services" of the Borough of Moonachie.
c.
Authorization to Enter Agreement. Pursuant to N.J.S.A. 40:8A-1 et
seq., the Borough of Moonachie is authorized to enter into an agreement
with one or more other municipalities for the provision of police
services.
d.
Execution of Agreement. The Mayor of the Borough of Moonachie is
authorized to execute an agreement with the Borough of Teterboro or
additionally with the Borough of Little Ferry for the provision of
police services to the Borough of Teterboro, substantially upon the
terms and conditions set forth in the attached agreement, subject
to such amendments as shall be approved by the respective Borough's
Attorney.
[Ord. #96-9, §§ I — III]
a.
Preamble. The Borough of Teterboro is in need of the services of
a Municipal Emergency Management Coordinator and Deputy Coordinator
under the statutes made and provided.
The Borough of Moonachie and the Borough of Little Ferry have
indicated their desire to enter into an Interlocal Services Agreement
for the provision of such services, substantially upon the terms and
conditions of the attached agreement.[1]
N.J.S.A. 40:8a-1 et seq. as amended, the Interlocal Services
Act, specifically authorizes two or more municipalities to enter into
contracts for the joint provision of municipal services.
The Mayor and Council of the Borough of Moonachie have determined
that the execution of the attached Interlocal Services Agreement[2] is in the best interests of the Borough of Teterboro and
is intended to fulfill the lawful responsibilities of Teterboro with
respect to the provision of Emergency Management Coordinator services
under applicable law.
b.
Title. The subsection shall be known and may be cited as "The Interlocal
Service Ordinance for Emergency Management Coordinator Services and
for Deputy Coordinator between the Borough of Teterboro, the Borough
of Moonachie and Borough of Little Ferry".
c.
Authorization to Enter Agreement. Pursuant to N.J.S.A. 40:8A-1, et
seq. the Borough of Moonachie is authorized to enter into an agreement
with the Boroughs of Teterboro and/or the Borough of Little Ferry
for the provision of such Emergency Management Coordinator Services.
d.
Execution of Agreement. The Mayor of the Borough of Moonachie is
hereby authorized to execute an agreement with the Borough of Teterboro
and/or additionally the Borough of Little Ferry for the provision
of such services to the Borough of Teterboro, substantially upon the
terms and conditions set forth in the attached agreement, subject
to such amendments as shall be approved by the attorneys for the respective
Boroughs.[3]
[3]
Editor's Note: The agreement referred to herein may be found
on file in the office of the Borough Clerk.
[Ord. #74-5, § 3; 1970 Code § 2-24.1]
This section is authorized by Chapter 208 of the Laws of 1973,
which act is known as the "Interlocal Services Act".
[Ord. #74-5, § 1; 1970 Code § 2-24.2]
The Borough of Moonachie shall enter into a contract with the
Bergen County Narcotics Task Force, and the Mayor and Borough Clerk
are hereby authorized to execute such contract on behalf of the Borough.
[Ord. #74-5, § 2; 1970 Code § 2-24.3]
A copy of such contract shall be attached by reference to this
section as if fully reproduced herein, and the Borough Clerk shall
give public notice that the contract is on file in the office of the
Borough Clerk and may be reviewed by any citizen during the regular
business hours.
[Ord. #219, §§ 1 — 3; Ord. #75-6; 1970
Code § 2-25.1]
a.
Findings. The Borough has ascertained and does hereby determine that
it is situate within the sewer district of Bergen County Sewer Authority
or is discharging sewage directly or indirectly into a river, or its
tributaries, in the State of New Jersey and can advantageously use
the facilities of the proposed district sewer system of such authority,
and that it will be economical and in other respects advantageous
to it to have sewage and other wastes treated and disposed of by the
authority on and pursuant to the terms of the contract authorized
by this subsection.
b.
Authorization to Execute. The Borough shall enter into a contract
with Bergen County Sewer Authority providing for and relating to the
treatment and disposal of sewage and other wastes and the cost and
expense of such treatment and disposal, on the terms and conditions
and substantially in the form set forth in Ord. #219 and as amended
by Ord. #75-6, and incorporated into and made a part of this section
as if fully reproduced herein. The Mayor shall be and he hereby is
authorized and directed on behalf of the Borough to execute such contract,
under the corporate seal of the Borough, which shall be affixed and
attested by the Borough Clerk, and to deliver the same.
c.
Form; Term; Conditions of Contract. Such contract shall be in substantially
the form recited in Ord. #219, § 3, and as amended by Ord.
#75-6, and the terms and conditions thereof are hereby approved and
specifically agreed to.
[Ord. #256, §§ 1 & 2; 1970 Code § 2-27.2]
a.
Findings. R.S. 40:63-2 provides that the governing bodies of two
or more municipalities may contract to receive and care for or dispose
of municipal sewage.
The Borough of Moonachie and the Township of South Hackensack
deem it advisable that they should enter into an agreement in relation
to the disposal of a portion of the sewage of the Township of South
Hackensack.
b.
Authorization to Execute. The proper officers of the Borough are
hereby authorized and directed to enter into a contract with the Township
of South Hackensack, which contract shall embrace substantially the
terms as set forth in Ord. #256 and incorporated by reference into
this section as if fully recited herein.
c.
Time Effective. This subsection shall take effect if and when the
Township of South Hackensack shall duly adopt an ordinance substantially
embracing the same terms and provisions.
[Ord. #80-10; 1970 Code § 2-28.1; Ord. #91-7, § 1;
Ord. #94-2]
This section shall be known and may be cited as the Cooperative
Pricing Ordinance of the Borough of Moonachie.
[Ord. #80-10; 1970 Code § 2-28.2; Ord. #91-7, § 2;
Ord. #94-2]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor
is hereby authorized to enter into a cooperative pricing agreement
with the lead agency.
[Ord. #80-10; 1970 Code § 2-28.3; Ord. #91-7, § 3;
Ord. #94-2]
The lead agency entering into contracts on behalf of the Borough
of Moonachie shall be responsible for complying with the provisions
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and
all other provisions of the revised statutes of the State of New Jersey.
[Ord. #92-2]
This section shall be known and may be cited as the Regionalized
Services and Cooperative Pricing Ordinance of the Borough of Moonachie.
[Ord. #92-2]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq. and
N.J.S.A. 40A:11-15(5), the Mayor is hereby authorized to enter into
a regionalized services and cooperative pricing agreement with the
lead agency.
[Ord. #92-2]
The lead agency entering into contracts on behalf of the Mayor
and Council shall be responsible for complying with the provisions
of the revised statutes of the State of New Jersey.
