Township of Montclair, NJ
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2024-03-12
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Part I, Administrative Legislation
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Chapter 3 Administration of Government
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Article IV Township Attorney
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Administration of Government
- Ch 3 Art IV Township Attorney
- § 3-15 Appointment; qualification.
- § 3-16 Powers and duties.
- § 3-17 Organization.
- § 3-18 Certain documents property of the Township.
- Ch 7 Diversity Inclusion Program
- Ch 8 Affirmative Action Requirements
- Ch 11 Civil Rights Commission
- Ch 15 Claims, Payment of
- Ch 18 (Reserved)
- Ch 20 Court
- Ch 21 Discrimination
- Ch 23 Education, Board of
- Ch 25 Energy Aggregation
- Ch 27 Fire Department
- Ch 29 Housing Commission
- Ch 29A Residential Dwelling Rental Relief Fund
- Ch 31 Insurance Fund
- Ch 40 Mutual Assistance
- Ch 42 Native Vegetation
- Ch 44 Officers and Employees
- Ch 46 (Reserved)
- Ch 48 Personnel Regulations
- Ch 51 Police Department
- Ch 51A Project Labor Agreements
- Ch 52 Domestic Violence Intervention Team
- Ch 53 Retirement
- Ch 55 Salaries and Compensation
- Ch 60 Urban Renewal
- Part II, General Legislation
- Ch 65 Affordable Housing
- Ch 67 Air Conditioning and Refrigeration
- Ch 71 Alarms, Burglar and Fire
- Ch 74 Alcoholic Beverages
- Ch 78 Amusements
- Ch 82 Animals
- Ch 83 Animal Shelter
- Ch 86 Auctions and Auctioneers
- Ch 88 Bamboo
- Ch 90 Barbershops
- Ch 93 Bicycles
- Ch 96 Boardinghouses
- Ch 100 Brush, Grass and Weeds
- Ch 104 Buildings, Numbering of
- Ch 108 Buildings, Unfit
- Ch 110 Cannabis
- Ch 117 Condominium and Cooperative Conversions
- Ch 121 Construction Codes, Uniform
- Ch 127 Disorderly Conduct
- Ch 130 Drug-Free Zones
- Ch 132 Employer Regulations
- Ch 134 Environmental Hazards
- Ch 136 Fees
- Ch 140 Filming
- Ch 144 Firearms and Weapons
- Ch 148 Fire Hoses
- Ch 153 Fire Prevention
- Ch 157 Fire Safety Act Enforcement
- Ch 161 Flood Damage Prevention
- Ch 163 Fund-Raising, Political
- Ch 166 Games of Chance
- Ch 170 Glue Sales and Head Shops
- Ch 174 Graffiti
- Ch 178 Handbills and Posters
- Ch 182 Hazardous Substances
- Ch 186 Health Standards
- Ch 190 Housing
- Ch 196 Jogging
- Ch 200 Landscapers
- Ch 202 Land Use Procedures
- Ch 204 Library Property
- Ch 207 Lighting
- Ch 213 Multifamily Buildings
- Ch 217 Noise
- Ch 218 Nuisances
- Ch 219 Leaf Blowers
- Ch 220 Obscene Material
- Ch 222 Parades and Processions
- Ch 228 Parking
- Ch 230 Parking Lots
- Ch 234 Parks and Playgrounds
- Ch 238 Peddling and Soliciting
- Ch 241 Portable Storage Units
- Ch 243 Precious Metals Dealers
- Ch 247 Property Maintenance
- Ch 249 Property, Vacant and Abandoned
- Ch 251 Public Lands, Sale of
- Ch 253 Public Recreational Bathing
- Ch 256 Refrigerators, Abandoned
- Ch 257 Rent Regulation
- Ch 260 Roll-Off Containers and Dumpsters
- Ch 264 Sales, Special
- Ch 269 Sewers
- Ch 270 Sewers, Storm
- Ch 273 Shopping Carts
- Ch 274 Shuttle Bus Service
- Ch 276 Sidewalk Cafes
- Ch 277 Signs
- Ch 281 Site Plan Review
- Ch 285 Skateboards
- Ch 292 Solid Waste
- Ch 293 Special Improvement Districts
- Ch 294 Steep Slopes
- Ch 295 Stormwater Control
- Ch 297 Streets and Sidewalks
- Ch 301 Subdivision of Land
- Ch 305 Swimming Pools
- Ch 309 Taxation
- Ch 313 Taxicabs and Liveries
- Ch 317 Telephones, Pay
- Ch 320 Tobacco Products
- Ch 322 Towing
- Ch 324 Trees
- Ch 326 Vehicles, Abandoned
- Ch 327 Vehicles and Traffic
- Ch 333 Vending Machines
- Ch 337 Vendors, Mobile
- Ch 341 Water
- Ch 347 Zoning
- Appendix
- Ch A351 Cable Television Franchise
- Disposition List
- Ch DL Disposition List
The Township Attorney shall be appointed by
the Council in accordance with N.J.S.A. 40A:9-139. Prior to appointment,
the Attorney shall have been admitted to the practice of law in this
state.
[Amended 5-23-2000 by Ord. No. 00-19]
The Attorney shall be the legal advisor to the
Council, Manager, Municipal Clerk, departments and other municipal
agencies except as may otherwise be provided by law. The Attorney
shall prosecute and defend actions and proceedings by and against
the Township, departments and agencies thereof. In furtherance of
these powers, and without limitation thereof, the Attorney shall:
A.
Prepare or approve all ordinances and substantive
resolutions prior to introduction and passage.
B.
Review and approve all contracts, deeds, documents
and instruments prior to the execution thereof by or on behalf of
the Township.
C.
Conduct appeals from orders, decisions or judgments
affecting any interest of the Township as directed by the Council.
D.
Subject to the approval of the Council, have power
to enter into any agreement, compromise or settlement of any litigation
in which the Township is involved.
E.
Advise or render opinions upon any question of law
pertaining to municipal affairs submitted to him or her by the Manager,
the Council or any Council member.
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 Council or Manager may require.
G.
Have such other and different functions, powers and
duties as may be provided by charter or ordinance.
The internal organization of the office of the
Township Attorney shall be recommended by the Township Attorney and
approved by resolution of the Council.
All papers, documents, memorandums, reports
and other materials relating to the administration of the office of
Attorney shall be and remain the property of the Township. Upon the
termination of service with the Township, the Attorney shall forthwith
surrender to his or her successor all such property, together with
a written consent to substitution of his or her successor in all legal
actions and proceedings then pending to which the Township is a party.
