Township of Toms River, NJ
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2023-09-27
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Part I: Administrative Code
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Organization
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Chapter 49 Department of Law
- Part I: Administrative Code
- Organization
- Ch 1 General Provisions
- Ch 4 (Reserved)
- Ch 5 Township Council
- Ch 9 (Reserved)
- Ch 10 Office of the Mayor
- Ch 11 (Reserved)
- Ch 12 (Reserved)
- Ch 14 Office of the Municipal Clerk
- Ch 15 (Reserved)
- Ch 18 (Reserved)
- Ch 19 Office of the Tax Assessor
- Ch 21 (Reserved)
- Ch 23 Administrative Organization
- Ch 25 (Reserved)
- Ch 28 (Reserved)
- Ch 31 (Reserved)
- Ch 34 (Reserved)
- Ch 37 (Reserved)
- Ch 40 Department of Administration
- Ch 42 (Reserved)
- Ch 44 Department of Finance
- Ch 46 Department of Human Services
- Ch 47 (Reserved)
- Ch 48 Department of Community Development
- Ch 49 Department of Law
- § 49-1 Creation of Department of Law; Director.
- § 49-2 Term and appointment.
- § 49-3 Powers and duties of Director of Law.
- § 49-4 Assistant Township Attorney.
- § 49-5 Special Counsel.
- Ch 50 Department of Law Enforcement
- Ch 52 (Reserved)
- Ch 54 Department of Public Works
- Ch 56 Department of Recreation
- Ch 60 Municipal Court
- Ch 62 Office of Municipal Public Defender
- Ch 63 (Reserved)
- Ch 64 Office of Municipal Prosecutor
- Ch 66 Office of Emergency Management
- Ch 68 Division of Community Service
- Ch 70 (Reserved)
- Ch 71 Statutory Boards and Commissions
- Ch 75 (Reserved)
- Ch 76 Advisory Committees
- Miscellaneous
- Ch 80 Claims Approval
- Ch 83 (Reserved)
- Ch 84 Contracts, Public
- Ch 86 Cooperative Pricing Agreements
- Ch 88 Criminal History Record Checks and Physical Examinations
- Ch 91 (Reserved)
- Ch 94 Defense and Indemnification
- Ch 95 Open Space Trust Fund
- Ch 99 (Reserved)
- Ch 102 (Reserved)
- Ch 104 Employee Regulations and Benefits
- Ch 105 (Reserved)
- Ch 108 Payroll Account System
- Ch 109 Fire Companies
- Ch 114 Fire Districts
- Ch 118 (Reserved)
- Ch 120 Hazardous Materials Management
- Ch 121 Hotels and Motels
- Ch 123 Business, Rental Property and Multifamily Property Insurance Registration
- Ch 124 (Reserved)
- Ch 125 Mutual Aid Agreements
- Ch 128 (Reserved)
- Ch 129 Official Map
- Ch 131 (Reserved)
- Ch 132 Public Records, Inspection and Copying
- Ch 141 Retirement
- Ch 146 (Reserved)
- Ch 147 Salaries and Compensation
- Ch 150 Tax Map
- Ch 152 Volunteer Incentives
- Part II: General Legislation
- Ch 158 Adopt-A-Highway Program
- Ch 159 Alarm Licensing and Operations
- Ch 160 Advertising
- Ch 162 Alcoholic Beverages
- Ch 165 Animals and Animal Establishments
- Ch 170 Auctions and Auctioneering
- Ch 175 Bathing Beaches, Swim Clubs and Swimming Pools, Municipal
- Ch 182 Beaches, Cleaning of
- Ch 185 (Reserved)
- Ch 189 Beach Protection
- Ch 192 Beach Shelters and Tents
- Ch 198 Boat Docks and Bulkheads, Public
- Ch 201 Boat Facility and Bulkhead Construction
- Ch 205 Bridge Area Restrictions
- Ch 210 (Reserved)
- Ch 213 Building Material, Lumber and Plumbing Supply Yards, Secondhand
- Ch 217 Buildings for Public Assemblages, Temporary
- Ch 221 Buildings, Moving of
- Ch 224 Buildings, Numbering of
- Ch 228 Buildings, Unfit and Unsafe
- Ch 232 Burning, Outdoor
- Ch 234 Cannabis
- Ch 238 Carnivals, Circuses and Traveling Shows
- Ch 245 Condominiums
- Ch 252 Construction Codes, Uniform
- Ch 253 Continued Use and Occupancy of Residential Dwellings
- Ch 264 Driveway Accesses and Curbs for Commercial Properties
- Ch 269 Drug-Free Zones
- Ch 273 Dwellings, Design and Appearance of
- Ch 277 Electrical Standards
- Ch 280 (Reserved)
- Ch 287 Fees
- Ch 291 Fences, Plantings and Walls
- Ch 294 Fertilizer
- Ch 295 Filming
- Ch 297 Fire Hydrants and Equipment
- Ch 300 Fire Insurance Claims
- Ch 303 (Reserved)
- Ch 308 Fire Prevention and Protection
- Ch 310 Emergency Medical Services
- Ch 313 Flood Damage Prevention
- Ch 316 Food Stands and Restaurants, Outdoor
- Ch 321 Games of Chance and Amusement Games
- Ch 325 Golf Courses
- Ch 327 Graffiti
- Ch 330 Hazardous and Toxic Materials
- Ch 335 Housing and Rental Property Standards
- Ch 338 Hunting
- Ch 340 Invasive Plants
- Ch 344 Junkyards and Salvage Yards
- Ch 348 Land Use and Development Regulations
- Ch 354 Laser Pointers
- Ch 356 Littering
- Ch 357 Massage Parlors
- Ch 363 Mobile Home Parks
- Ch 368 Nuisances
- Ch 378 Parking Lots at Recreation Areas
- Ch 383 Parks, Municipal
- Ch 388 Peace and Good Order
- Ch 391 Peddling and Soliciting
- Ch 396 (Reserved)
- Ch 399 (Reserved)
- Ch 408 Realty Improvements: Water and Sewage Facilities
- Ch 413 Sales, Special
- Ch 415 Precious Metals and Secondhand Goods
- Ch 417 Septic Tanks, Cesspools and Privy Vaults
- Ch 421 Sewers
- Ch 427 Signs
- Ch 430 Skateboards, Sporting Activities and Hobbyists
- Ch 433 Smoking
- Ch 438 (Reserved)
- Ch 440 Special Improvement District
- Ch 442 Solid Waste
- Ch 447 Street Acceptance Procedure
- Ch 448 Street Vacation Procedures
- Ch 450 Streets and Sidewalks
- Ch 457 Taxicabs and Taxicab Drivers
- Ch 462 Tobacco Products, Sale of
- Ch 465 (Reserved)
- Ch 468 Towing
- Ch 469 Traffic Control Signal Monitoring System
- Ch 471 Trees
- Ch 473 Property Registration Program
- Ch 477 Vehicles and Traffic
- Ch 481 Vehicles, Inoperative
- Ch 485 Vehicles, Sale or Storage on Vacant Land
- Ch 488 Vehicles, Snowmobiles and All-Terrain
- Ch 492 Vehicles, Unlicensed Motor-Driven
- Ch 495 Water Connections
- Ch 497 (Reserved)
- Ch 501 Waterway Control
- Part III: Board of Health
- Ch 512 General Provisions, Board of Health
- Ch 516 Animals
- Ch 520 Communicable Diseases
- Ch 524 Dumping
- Ch 531 Food and Beverage Vending Machines
- Ch 534 Food-Handling Establishments, Retail
- Ch 537 Food, Sale of
- Ch 542 Health Nuisances
- Ch 551 Officers and Employees
- Ch 555 Personnel Policies
- Ch 558 Plumbing Standards
- Ch 561 Privies, Outdoor
- Ch 566 Salaries and Compensation
- Ch 569 Sanitary Facility Certification Fees
- Ch 572 Sewerage Connections
- Ch 575 Slaughtering and Slaughterhouses
- Ch 579 Swimming Pools, Public
- Ch 585 Vital Statistics Certificate Information
- Ch 589 Water Supplies
- Appendix
- Ch A598 Cable Television Franchise
- Ch A602 Names of Major Arteries, Streets and Highways
- Ch A605 Open Video Franchise
- Ch A608 Record of Result of 2006 Election
- Ch A610 Street Name Changes
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 4-14-2020 by Ord. No. 4666-20. Amendments noted where applicable.]
There is hereby recreated within the Township Code the Department
of Law, the head of which shall be the Township Attorney. The Township
Attorney shall represent the municipality in all legal matters and
shall report directly to the Mayor and provide counsel to the Township
governing body as requested. The person appointed as Township Attorney
need not be a Township employee. In that instance, the Township Attorney
shall not be entitled to any health or pension benefits as an employee
and shall submit an annual contract to be approved by the Township
Council.
The term of the Director of the Department of Law shall be as
provided for in the Optional Municipal Charter Law. He or she shall
be appointed by the Mayor with the advice and consent of Council.
In order to secure a person with prior experience and proper professional
qualifications for the office, the Director of Law shall be a licensed
attorney of the State of New Jersey and shall have been so admitted
for a period of not less than five years. The Director shall have
either served as a Director of a Department of Law of a municipality
in the State of New Jersey, or as a Township Attorney for a municipality
in the State of New Jersey, for a period of not less than three years.
In lieu of serving in office, the individual may submit to the Mayor
and Council sufficient information to demonstrate his or her experience
and expertise in the field of municipal law.
The Township Attorney shall be legal advisor to the Mayor, Township
Council and all departments, except as otherwise provided by the Charter
or the Township Code. He or she shall prosecute and defend the actions
and proceedings by and against the Township and every department thereof.
In furtherance of these general powers, without limitation thereto,
he or she shall:
A.
Advise the Township Council and its members, the Mayor and other
officers of the Township as to all matters which may be submitted
for his or her opinion.
B.
Review and approve all contracts, deeds, documents and instruments
prior to the execution thereof by or on behalf of the Township.
C.
Institute litigation and conduct appeals from orders, decisions or
judgments affecting any interest of the Township as he or she may
in his or her discretion determine to be necessary or desirable, subject
to the approval of the Township Council.
D.
Subject to the approval of the Township Council, have the power to
enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
E.
Render written opinions upon any question of law submitted to him
or her by the Mayor, Township Council, Business Administrator, Municipal
Clerk, Tax Assessor or the head of any department in a prompt manner.
F.
Maintain a record of all actions, suits, proceedings and matters
which relate to the Township's interest, and report thereon from
time to time as the Mayor or Township Council may require.
G.
Have such other powers and duties as provided by the Charter, Township
Code or other ordinance.
There is hereby created the position of Assistant Township Attorney.
The Assistant Township Attorney or Attorneys shall assist the Township
Attorney in his or her duties pursuant to the provisions of this chapter
as legal advisor to the Mayor, Township Council and all other departments,
except as otherwise provided by the Charter or Township Code. Any
Assistant Township Attorney shall be an Attorney at Law admitted to
the practice of law of the State of New Jersey. Any Assistant Township
Attorney shall be appointed by the Director of the Department of Law
and may be appointed to a full-time or part-time position as employees
of the municipality as directed by the Mayor. The appointment of any
Assistant Township Attorney must be approved by Council.
Special Counsel may be appointed to handle specific litigation
or matters. The Township Attorney shall provide his or her recommendation
to the Mayor and Township Council. Special Counsel may only be appointed
by resolution of the governing body. Such appointment shall be on
a contractual basis and be subject to approval by the Township Council.
All appointments made shall be in accordance with the requirements
of the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et
seq.
