Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-14-1971 as Ch. II of the Revised General Ordinances, 1971. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 10.
Police Department — See Ch. 18.

§ 4-1 Elected officials.

A. 
Enumerated. The elected officials of the Town shall be a Town Council consisting of six Councilmen, all elected at large, and a Mayor.
B. 
Terms of office. Councilmen shall hold office for three years from January 1 next following their election. The term of office of the Mayor shall be four years.
[Amended 3-26-1985 by Ord. No. 85-4; 6-24-2008 by Ord. No. 08-06]
C. 
Vacancies. Whenever a vacancy occurs in any elected office by reason of death, resignation, inability, disqualification, removal or refusal to serve of or by any elected official, the Town Council shall fill the vacancy by the appointment of a suitable and qualified person to hold office until his successor has been duly elected and qualified. The unexpired portion of the term, if any remains, shall be filled at the next succeeding general election. If at any Town election there is a vacancy in any office to be filled and at the same time an election for a full term of such office, the term for which each person is to be elected shall be designated on the ballots. The Town Council may at any time direct a special election to fill any vacancy that occurs in its own body.

§ 4-2 Mayor.

The Mayor shall be so designated in all official documents and instruments of every kind and shall sign all ordinances, warrants, bonds, notes, contracts and other special documents and instruments by that title. In addition, he shall possess and exercise all the powers of a member of the Town Council and shall be the Chairman thereof.

§ 4-3 Town Council.

A. 
Organization. The Council shall meet annually for organization during one of the first seven days of January. The Mayor shall be Chairperson and preside at all meetings of the Town Council. In the Mayor's absence, the Council may elect one of its members as Chairman Pro Tem. The Council shall designate the date and time of the meeting and establish the rules governing its proceeding.
[Amended 12-13-1988 by Ord. No. 88-20; 12-22-2009 by Ord. No. 09-26]
B. 
Meetings; quorum; special meetings. A majority of the Town Council shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from day to day. The Council shall hold regular meetings at least twice in each month at the Town Hall at such time as it may appoint. The Mayor and any two Councilmen may call special meetings by written notice to each of the members served personally or left at his usual place of abode at least 24 hours previous to the time designated for such meeting. No business other than that specified in the notice shall be transacted at a special meeting and no business required to be done at a regular meeting of the Council shall be done or performed at any special meeting.
C. 
Powers of the Town Council. The Town Council shall possess all the powers granted by or permissible under the laws of the State of New Jersey. It shall provide rules of procedure by resolution, which rules shall not be inconsistent with the provisions of this chapter. Except where the Council provides otherwise by resolution, the proceedings at all meetings shall be conducted in accordance with Robert's Rules of Order, revised. The Attorney shall be ex officio parliamentarian and shall be prepared at the request of any member of the Council to give his opinion on any question of procedure.
D. 
Attendance at meetings. All regular and special meetings of the Council shall be open to the public. The Attorney, the Clerk and any other officer or employee whose presence is required by resolution of the Council shall attend such meetings.
E. 
Conference meetings. The Council may convene at any time in informal conference for the study of municipal business or to plan for the agendas of its future meetings. No persons other than those specifically invited by the Council to attend shall be permitted to be present at such conference.

§ 4-4 Ordinances.

A. 
Procedure for passage; vote required. All Town ordinances shall be submitted in writing and the procedure for passage shall be as set forth in N.J.S.A. 40:49-2. No ordinance shall be finally passed except by the vote of a majority of the members of the Council present at a duly constituted meeting.
B. 
Presentation to Mayor. Before it takes effect, every ordinance or resolution adopted by the Town Council shall be duly certified by the Town Clerk and presented to the Mayor.
C. 
Veto power. If the Mayor approves the ordinance or resolution, he shall sign it. If he does not approve it, he shall return it to the Clerk, together with his objections, within 10 days after its receipt by him. At its next meeting thereafter the Town Council shall enter the objections at length on the minutes and proceed to reconsider the ordinance or resolution.
D. 
Passage over veto; vote required. If 2/3 of all the members of the Town Council agree to pass the ordinance or resolution it shall take effect, but in such case the vote shall be taken by yeas and nays and entered in full on the minutes of the Council.
E. 
Failure of Mayor to act. If the ordinance or resolution is not returned within 10 days, it shall take effect in like manner as if the Mayor had signed it.
F. 
Partial approval; partial veto. If any ordinance presented to the Mayor for his approval contains more than one distinct section, clause or item, the Mayor may approve one or more sections, clauses or items and veto the remainder.

§ 4-5 Town Clerk.

A. 
Appointment; term. The Town Clerk shall be appointed by a majority vote of the Town Council for a term of three years, subject to any right of tenure.
B. 
General duties.
(1) 
The Town Clerk shall have charge of all record books and documents of the Town, except when the Town Council otherwise directs. He shall keep a record of the proceedings of the Council and record all ordinances in a book to be provided for that purpose, which shall be deemed a public record of such ordinances. Each ordinance so recorded shall be signed by the Mayor and the Clerk.
(2) 
The Clerk shall turn over to the Chief Financial Officer without delay all moneys received by him for the use of the Town. His office shall be at the Town Hall and he shall keep his office open for the transaction of public business during the hours specified by the Town Council.
[Amended 12-27-1988 by Ord. No. 88-21]
C. 
Corporate Seal. The Clerk shall cause the Corporate Seal of the Town to be affixed to instruments and writings when authorized by ordinance or resolution of the Town 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 appears to have been a public act of the Town or a public document. He shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or paper unless required by law or ordinance.
D. 
Insurance; surety bonds; contracts. The Clerk, subject to the supervision of the Council, shall:
(1) 
Be the depository for 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 Chief Financial Officer; of all insurance policies upon or with respect to risks insured for the benefit of the Town 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 Town may be a party.
[Amended 12-27-1988 by Ord. No. 88-21]
(2) 
Be the depository for and custodian of all performance bonds running to the Town as obligee or any other form of security given by a contractor, subdivision developer or other person on account of work done or to be done in or for the Town.
(3) 
Have custody of all leases of property owned by the Town.
(4) 
Report to the Council annually, at such time as it 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.
E. 
Administrative rules and regulations; filing and publication. No rule or general regulation made by any department, officer, agency or authority of the Town, except such as relates to the organization or internal management of the Town government or a part thereof, shall take effect until it is filed with the 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.
F. 
Other laws and ordinances. In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Council, the Clerk shall:
(1) 
Perform all the functions required of municipal clerks by the General Election Law, N.J.S.A. 19:1-1 et seq., and any other law or ordinance.
(2) 
Administer the provisions of Town 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.
(3) 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Council.

§ 4-6 Administrative organization.

A. 
Departments, boards and commissions. There shall be the following departments, officers, boards and commissions in the Town of Clinton:
(1) 
Departments.
(a) 
Department of Finance.
(b) 
Department of Public Works.
(c) 
Department of Public Safety.
(d) 
Department of Buildings and Grounds and Inspections.
(e) 
Water Department.
(f) 
Sewer Department.
[Added 9-12-1972]
(2) 
Separate offices not under departments.
(a) 
Town Attorney and Prosecutor.
(b) 
Town Physician.
(c) 
Town Insurance Counselor.
(d) 
Town Engineer.
(3) 
Boards and commissions.
(a) 
Municipal Court.
(b) 
Zoning Land Use Board.[1]
[Amended 12-10-2013 by Ord. No. 13-20]
[1]
Editor's Note: The Zoning Land Use Board is now provided for in Ch. 88, Land Use, Art. V.
(c) 
Land Use Board.[2]
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
Editor's Note: The Land Use Board is now provided for in Ch. 88, Land Use, Art. IV.
(d) 
Board of Assistance.
(e) 
Board of Health.
(f) 
Civil Defense and Disaster Control Council.
(g) 
Parks and Playgrounds Commission.
(h) 
Shade Tree Commission.
(i) 
Environmental Commission.
B. 
Powers and duties of department heads. The head of a department, subject to this chapter and the approval or direction of the Council, shall:
(1) 
Prescribe the internal organization of the work of his department.
(2) 
Direct and supervise subordinate officers and employees of the department and make, alter and enforce individual work assignments.
(3) 
Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
(4) 
Maintain records of work performance and unit costs thereof as may be approved or required by the Council.
(5) 
Provide information and reports on the work of the department as may from time to time be required by the Council.
(6) 
Exercise other or different powers of administrative supervision and direction which the Council may delegate to him.

§ 4-7 Department of Finance.

A. 
Director. The financial business of the Town shall be committed to a Department of Finance.
B. 
Division of the Treasury.
[Amended 12-27-1988 by Ord. No. 88-21]
(1) 
Chief Financial Officer. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Chief Financial Officer, who shall be appointed by the Council for a term of three years.
(2) 
Powers and duties of the Chief Financial Officer. The Chief Financial Officer shall have, perform and exercise all the functions, powers and duties as provided by general law and Town ordinances. He shall keep and maintain books and records of all financial transactions of the Town in accordance with the standards and requirements of the Division of Local Finance in the Department of Community Affairs of the State of New Jersey. He shall have custody of all public moneys of the Town and make monthly reports to the Council of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the Town or any department, board, office or agency thereof, except as otherwise provided by Town ordinance, shall be paid to the Chief Financial Officer, who shall, by the next ensuing bank day after their receipt, deposit them in the authorized public depository of the Town to the credit of the proper account.
(3) 
Disbursements. Disbursements in payment of bills and demands shall be made by the Chief Financial Officer upon his preaudit and approval by the Council, except that payments from the payroll account shall be made pursuant to Subsection B(4) below. Disbursement shall be by warrant-check payable to the order of the person entitled to receive it and specifying 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, the Clerk and the Chief Financial Officer.
(4) 
Payroll account. There shall be an account to be designated the "Town of Clinton Payroll Account," and from time to time the Chief Financial Officer, on receipt of a warrant for an amount due the payroll account, shall deposit it 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 Chief Financial Officer or, in his absence, by the Clerk, upon preaudit by the Chief Financial Officer and approval by the Council of the entire payroll. In case of error or adjustment in the payroll, the Chief Financial Officer shall make proper correction and appropriate record thereof. Withdrawals from the payroll account of the Town, as such account may from time to time be constituted as to account number and depository therefor, shall be on the signature of the Chief Financial Officer or, in his absence or unavailability, the Town Clerk.
[Amended 10-23-1973]
(5) 
Travel expenses. Itemized claims supported by receipts, where available, shall be presented in order to obtain reimbursement for expenses incurred by local officials where authorized to travel by the Town.
C. 
Division of Tax Collection.
(1) 
Within the Department of Finance there shall be a Division of Tax Collection, the head of which shall be the Town Tax Collector.
(2) 
The Tax Collector shall possess all the powers and duties established by law. The Collector shall enter in suitable books to be kept for that purpose the sums received by him each day for taxes, with the names of the persons on whose account the same have been paid; shall keep a record and account of the finances of the Town; and shall, within 60 days after the end of the fiscal year or when otherwise required by the Council, make and furnish a report thereof, with a detailed and true statement of all moneys received by him and disbursed therefrom and for what purposes from the commencement of his official year to the date of his report or for such period as the Council may require, and a list of delinquent taxpayers for the previous year. He shall file the report, with two copies of the statement and list of delinquents, with the Clerk within the time specified above or when otherwise required by the Council. He shall, as necessary and as directed, arrange for and conduct sales of real estate for delinquent taxes.
D. 
Division of Tax Assessments.
(1) 
Within the Department of Finance there shall be a Division of Tax Assessments, the head of which shall be the Tax Assessor. The Tax Assessor shall be appointed by the Council for a term of four years, subject to tenure. He shall be qualified by training or experience, or a combination thereof, in the valuation and assessment of real and personal property.
(2) 
On and after July 1, 1971, no person may be an Assessor unless he holds a tax assessor certificate. This requirement shall not apply to anyone who has served in office continuously from July 1, 1967.
(3) 
A person reappointed to office after receiving a tax assessor certificate and thereafter serving in office for four consecutive years, and a person who received a tax assessor certificate on or before June 30, 1969, while actually in office and having, prior to June 30, 1969, served in office for four consecutive years, shall be entitled to tenure pursuant to N.J.S.A. 54:1-35.31. The Tax Assessor shall:
(a) 
Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.
(b) 
Make assessments for benefits for local improvement and, for that purpose, have and exercise the powers and duties of a board of assessment for local improvement as provided by law.
(c) 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
(d) 
Maintain a current Tax Map of the Town as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by this chapter.
(e) 
Report to the Council as to equalization proceedings and other matters involving the County Tax Board and make recommendations as to action to be taken in that regard.
(4) 
There is hereby created in the Town of Clinton the position of the Assistant to the Tax Assessor who shall serve at the pleasure of the Mayor and Council. The Assistant to the Tax Assessor shall:
[Added 8-8-2006 by Ord. No. 06-14]
(a) 
Report to and take direction from the Tax Assessor;
(b) 
Assist the Tax Assessor to make assessments for the benefits for local improvements;
(c) 
Assist the Tax Assessor maintain adequate assessment records of each separate parcel of real property assessed or exempted;
(d) 
Assist the Tax Assessor maintain a current Tax Map of the Town as a public record and cause to be recorded thereon all changes in ownership or character of the real estate assessed;
(e) 
Make such inspections of real property as directed by the Tax Assessor;
(f) 
To the extent permitted by law, appear before the County Tax Board in support of assessments;
(g) 
Take such additional actions and fill such additional responsibilities as shall be prescribed by the Tax Assessor.
(h) 
The Assistant to the Tax Assessor’s compensation shall be fixed in the Salary Ordinance of the Town of Clinton.
(i) 
The Assistant to the Tax Assessor shall be an at-will employee who may be removed by the Mayor and Council at any time for any reason without hearing, except as otherwise provided by law.
(j) 
The term of the Assistant to the Tax Assessor shall be from January 1 to December 31 of each year, but the creation of a term is not intended to give the Assistant to the Tax Assessor any rights to hold the position during that time period, but it is done for administrative purposes only so as to permit the Mayor and Council to, at least yearly, review its existence, the performance of the occupant, and determine whether the position should be continued for another year.
E. 
Tax and Assessment Searcher. The Tax and Assessment Searcher shall be appointed by the Council. When required by the Mayor and the Council, he shall furnish reports relating to property taxes and assessments in the Town.

§ 4-7.1 Chief Financial Officer.

[Added 12-27-1988 by Ord. No. 88-21]
A. 
There is hereby created in the Town of Clinton the position of Chief Financial Officer.
B. 
The currently appointed Town Treasurer shall serve as the Chief Financial Officer. Every reference to Town Treasurer which appears in the Clinton Code or in Town ordinances or Town resolutions shall hereinafter be deemed to be a reference to the Chief Financial Officer.
C. 
On or after January 1, 1991, no person shall be appointed or reappointed Chief Financial Officer or Municipal Finance Officer (as is defined in N.J.S.A. 40A:9-140.7, as the same is from time to time amended), unless he or she holds a Municipal Finance Officer certificate issued pursuant to N.J.S.A. 40A:9-140.1, et seq., or has been granted tenure in office pursuant to N.J.S.A. 40A:9-140.8 or P.L. 188, c. 110, or pursuant to N.J.S.A. 40A:9-152.
D. 
The Chief Financial Officer and any other Municipal Finance Officer shall acquire tenure in office and continue to hold office during good behavior and efficiency in accordance with N.J.S.A. 40A:9-140.1 et seq., as the same is from time to time amended.

§ 4-8 Public Works/Business Administrator.

[Amended 3-26-1985 by Ord. No. 85-4; 5-14-1985 by Ord. No. 85-11; 12-12-1995 by Ord. No. 95-16]
A. 
There shall be an office of the Public Works/Business Administrator. The Public Works/Business Administrator shall be a person qualified by education, training and experience to perform the duties of his or her office. He or she shall devote his or her entire time to the duties of the office and shall hold no other office nor engage in any other employment, except with the permission of the Mayor and Council. He or she shall be under the direct supervision of the Mayor and Council.
B. 
Term; absence; removal; compensation.
(1) 
Term. The term of office of the Public Works/Business Administrator shall be at the pleasure of the Mayor and Council. The first six months of any such appointment to the position of Public Works/Business Administrator shall be for a probationary period. Prior to the completion of the six-month probationary period, the appointee to the position of Public Works/Business Administrator may be removed from office by a vote of a majority of the full membership of the Mayor and Council.
(2) 
Removal from office. After the probationary period, the Public Works/Business Administrator may be removed by a two-thirds vote of the Mayor and Council. The resolution of removal shall become effective three months after its adoption by the Mayor and Council. The Mayor and Council may provide that the resolution shall have immediate effect; provided, however, that the Mayor and Council shall cause to be paid to the Public Works/Business Administrator forthwith any unpaid balance of his or her salary and his or her salary for the next three calendar months following the adoption of the resolution. The Public Works/Business Administrator shall not obtain or be granted any rights of tenure.
(3) 
Absence or disability of the Public Works/Business Administrator. During the absence or disability of the Public Works/Business Administrator, the Mayor and the Council may, by resolution, appoint an appointed official or employee of the Town to perform the duties of Public Works/Business Administrator during such absence or disability. In the event the Public Works/Business Administrator is unexpectedly absent prior to a regularly scheduled Council meeting, the Mayor may appoint an appointed official or employee of the Town to serve until the next regularly scheduled Council meeting. The absence or disability of the Public Works/Business Administrator shall be limited to three continuous months, after which time the absence or disability may be deemed a vacancy by the Mayor and Council. Unless otherwise provided herein, no acting Public Works/Business Administrator shall be paid more than his or her regular salary while serving in that capacity, but he or she shall be reimbursed for all necessary expenses incurred in the performance of that office.
[Amended 11-24-2009 by Ord. No. 09-17]
C. 
Compensation. The compensation of the Public Works/Business Administrator shall be as fixed in the Salary Ordinance of the Town.
D. 
Duties and responsibilities. The Public Works/Business Administrator shall be the chief administrative officer of the Town of Clinton and shall be responsible to the Mayor and Council for the proper and efficient administration of the business affairs of the Town. The Public Works/Business Administrator's duties and responsibilities shall relate to the management of all the Town's business, except those duties and responsibilities conferred upon other Town officials by state statute, other applicable laws, rules and regulations promulgated by state, county or Town ordinances or such duties as the Mayor and Council shall reserve or delegate onto itself or to others. The Public Works/Business Administrator shall see that all ordinances, resolutions and policies of the Mayor and Council and all state and federal laws requiring municipal action are faithfully carried out by those persons responsible for doing so. For the purpose of carrying out the responsibilities of his or her office, the Public Works/Business Administrator shall develop and promulgate for adoption by the Mayor and Council sound administrative, personnel and purchasing practices and procedures for all departments, offices, boards, commissions and agencies of the municipality, all for the purpose of increasing the effectiveness and efficiency of Town government. The Public Works/Business Administrator shall perform all of the duties hereinafter enumerated and such other duties as may be assigned by the Mayor and Council. In addition, the Public Works/Business Administrator shall be responsible for the following enumerated duties:
(1) 
Daily operation. Implement all policies of the Town necessary to carry out daily operations and activities of the Town by correspondence, review of minutes and personal contact.
(2) 
Information and complaints. Inform the Mayor and Council and the residents of the municipality on all matters relating to the activities and operations of municipal government; receive and follow up on complaints on all matters and apprise the Mayor and Council thereof.
(3) 
Public information. Edit and compile public information for distribution to the Mayor and Council.
(4) 
Recommendations. Continuously study all activities and operations of municipal government and recommend changes for the purpose of increasing efficiency, economy and effectiveness; recommend such rules and regulations as shall be deemed necessary, with the approval of the Mayor and Council, for the conduct of administrative procedures.
(5) 
Advice. Advise the Mayor and Council with respect to all pertinent information necessary to assist it with the establishment of policies and decisions.
(6) 
Reports. Prepare and present to the Mayor and Council reports required from time to time on municipal affairs and prepare an annual report of the Public Works/Business Administrator's work for the benefit of the Mayor and Council and the public.
(7) 
Attendance. Attend all regular meetings of the Mayor and Council with the right to speak, but not to vote, on all agenda items and attend other meetings as directed by the Mayor and Council or as necessary to carry out the duties of Public Works/Business Administrator. The Public Works/Business Administrator shall receive notice of all special meetings of the Mayor and Council and all advisory committees, boards, commissions and other agencies of the Town.
(8) 
Liaison. Serve as liaison to all departments, advisory committees, boards, commissions and other agencies of the Town.
(9) 
Town Engineer. Consult with and act as a liaison between the Mayor and Council and the Town Engineer regarding all operations and policy matters.
(10) 
Budgets. Be responsible for the preparation of the operating and capital improvement budgets for presentation to the Mayor and Council and for administration of the budget approval process by the governing body. In preparing the proposed budget, the Public Works/Business Administrator shall direct department heads to submit their portion thereon and shall request all supporting data he or she deems necessary. The Public Works/Business Administrator shall assist members of the governing body and department heads in preparing their input to the municipal budget. The Public Works/Business Administrator shall thoroughly review all budget requests and submit recommendations with respect thereto to the Mayor and Council in a timely fashion.
(11) 
Purchasing. Be in charge of reviewing all requisitions from all departments for materials, equipment and supplies and certifying the receipt of the same. He or she shall require the various departments to furnish an adequate inventory of all materials, equipment and supplies in stock and to recommend the sale of any surplus, obsolete or unused equipment when authorized by the Mayor and Council.
(12) 
Examine and inquire. Have the power to investigate, examine or inquire into the affairs or operations of any department, commission, office, board or agency of the municipal government, unless prohibited by law.
(13) 
Public information. Implement and enforce the policies of the Mayor and Council with respect to the compiling and release of public information.
(14) 
Coordination of information. Integrate and coordinate the functions of all departments, commissions, boards, agencies, offices and officials and maintain liaison with the local school system and the regional high school system. The Public Works/Business Administrator shall be responsible for continuously improving communications among the various Town personnel, departments, commissions, agencies, boards and governing bodies.
(15) 
Recommendation of experts and consultants. Recommend the employment of experts and consultants to perform work and render advice in connection with Town projects.
(16) 
Supervision of personnel. Subject to law, supervise all personnel of the Town through the respective department heads and direct the business activities of all Town departments, recommending to the Mayor and Council or its designated committees the employment and replacement of personnel as may be required in said departments within the limits prescribed by the budget. The Public Works/Business Administrator shall have no authority over the operations of the Police Department delegated by law to the Chief of Police.
(17) 
Enforcement of law and contracts. Determine that all terms and conditions imposed in favor of the municipality or its inhabitants in any statute, public utility franchise or other contract regulation or ordinance are faithfully kept and performed and, upon learning of any violation thereof, apprise the Mayor and Council.
(18) 
Public improvements. Recommend the need for, the nature of and the location of all public improvements and coordinate and expedite the execution of those public improvements authorized by the Mayor and Council.
(19) 
Public works. Take charge of and be responsible for the construction, operation and maintenance of all public buildings, grounds, streets, roads and other facilities, including general administrative responsibilities for the Town sewer and water systems, the cutting of brush, mowing of grass and removal of snow, the cleaning of ditches, the maintenance of parks and the care of other public works in the Town, subject to the orders and directions of the Council. In addition, he or she shall:
(a) 
Set up and maintain adequate inventory and control thereof of all materials and supplies needed for the maintenance and repair of all public works under his or her supervision.
(b) 
Submit to the Mayor and Council a monthly report of all work performed, services furnished and inspections made during the previous month.
(c) 
Submit to the Mayor and Council and the Town Engineer his or her 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 or be responsible for the inspection of all storm sewer lines in the Town individually or in conjunction with other designated officials.
(f) 
Receive and investigate all complaints from residents and taxpayers of the Town relating to the operations under his or her jurisdiction, take appropriate action and report results to the Mayor and Council.
(g) 
Attend all Public Works Committees, including road, sewer, water and parks and playgrounds.
(h) 
Supervise the operation, maintenance and repair of municipally owned equipment used in the performance of the work assigned to him or her.
(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 or her office and turn over all such reports to his or her successor or the Town Council upon the termination of his or her employment by the Town.
(j) 
Recommend to the appropriate committee chairperson the need for repairs and replacements to municipally owned equipment, structures, buildings and grounds.
(k) 
Supervise the performance of the work of personnel assigned to his or her jurisdiction.
(20) 
Safety responsibilities. Develop and implement all necessary safety instructions and training for employees, Town personnel and Town officials.
(21) 
Recycling. Serve as recycling coordinator for the Town and oversee all actions necessary to fill the Town's recycling requirements.
(22) 
Grants. Investigate the availability of and report to the Mayor and Council the feasibility of obtaining grants from federal, state and private sources and apply for and administer such grants as are authorized by the Mayor and Council.
(23) 
Other duties. The Public Works/Business Administrator shall perform such additional administrative duties and functions as may be from time to time assigned by the Mayor and Council.
E. 
Authority of the Mayor and Council. Nothing herein shall derogate or reduce the powers and duties of the Mayor and Council or authorize the Public Works/Business Administrator to exercise the power and duties thereof except as authorized.

§ 4-9 Department of Public Safety.

There shall be a Police Department of the Town established in accordance with the provisions of Chapter 18, Police Department, and a Volunteer Fire Department of the Town established in accordance with the provisions of Chapter 10, Fire Department.

§ 4-10 Water Department.

There shall be a department known as the "Town of Clinton Water Department," which shall be under the supervision, management and control of the Mayor and Council and its Water Committee. A Superintendent of the Water Department, an Assistant Superintendent of the Water Department, a Clerk of the Water Department, a Treasurer of the Water Department and a Collector of Water Rents shall be appointed annually by the Mayor and confirmed by the Council, each to serve for one year or until his successor is duly appointed. The Department shall be governed by the provisions of Chapter 142, Water.

§ 4-11 Sewer Department.

[Added 9-12-1972; amended 3-26-1985 by Ord. No. 85-4]
A. 
There shall be a department known as the "Sewer Department," which shall be under the supervision, management and control of the Mayor and Council and its Sewer Committee. The Public Works/Business Administrator shall be responsible for the general administration of the Sewer Department. A Plant Superintendent, an Assistant Plant Superintendent, a Clerk of the Sewer Department, a Treasurer of the Sewer Department and a Collector of Sewer Rents may be appointed annually by the Mayor and confirmed by the Council. The Sewer Department shall, in addition, have such salaried or hourly employees as may be necessary to conduct the proper operation of the Sewer Department. The Department shall be governed by the provisions of Chapter 112, Sewers.
[Amended 12-12-1995 by Ord. No. 95-16]
B. 
The Plant Superintendent shall have secured and be the holder of all the necessary and appropriate licenses, certificates and permits. He shall be responsible for the preparation of the operating budget of the Department. He shall be responsible for the day-to-day scheduling of plant maintenance and equipment. In addition, he shall be responsible for the bulk user meter readings and such other duties as may be required for the efficient operation of the system.

§ 4-12 Department of Buildings and Grounds and Inspections.

A. 
Division of Buildings and Grounds. Within the Department of Buildings and Grounds and Inspections there shall be a Division of Buildings and Grounds, the head of which shall be the Public Works/Business Administrator. He shall supervise the maintenance of all Town recreation areas, buildings and grounds and all Town-owned property, including streets, lawns and shrubs.
[Amended 12-12-1995 by Ord. No. 95-16]
B. 
Division of Inspections. 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 Council to serve for a term of one year and until a successor is appointed and qualified. Prior to his appointment, he shall be qualified by training and experience in the duties of a Construction Official.
[Amended 3-26-1985 by Ord. No. 85-4]
C. 
Duties of Construction Official. The Construction Official shall:
[Amended 3-26-1985 by Ord. No. 85-4]
(1) 
Enforce the Building and Housing Codes[1] and have all the powers, functions and duties prescribed by general law and ordinance for building inspectors.
[1]
Editor's Note: See Ch. 56, Construction Codes, Uniform, and Ch. 84, Housing Standards.
(2) 
Keep a record of his proceedings and a permit book and complaint book, all of which shall be subject to inspection. He shall report regularly to the Council, at its direction, as to the number of permits issued, the estimated cost of such work and the fees received and paid by him to the Chief Financial Officer.
[Amended 12-27-1988 by Ord. No. 88-21]
(3) 
Serve as Zoning Officer of the Town and issue certificates of occupancy.

§ 4-13 Town Attorney.

A. 
Appointment. The Town Attorney shall be appointed by 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 Town. The Attorney shall receive reasonable fees and charges.
B. 
Powers and duties. The Attorney shall give all legal counsel and advice 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 Town business. He shall represent the Town, if so directed, in all judicial and administrative proceedings in which the Town or any of its officers or agencies may be a party or have an interest. In furtherance of his general powers and duties, but without limiting them, the Attorney shall:
(1) 
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 Town.
(2) 
Conduct appeals from orders, decisions or judgments affecting any interest of the Town.
(3) 
With the approval of the Council, compromise or settle litigation in which the Town is involved.
(4) 
Render opinions in writing upon questions of law submitted to him by the Council or any member thereof with respect to their official powers and duties.
(5) 
Supervise and direct the work of additional attorneys and technical and professional assistants which the Council may authorize for special or regular employment in or for the Town.
(6) 
Serve as the Town Prosecutor.

§ 4-14 Town Engineer.

A. 
Appointment; term. There shall be a Town Engineer appointed by the Council for a term of one year. The Town Engineer shall receive such compensation as may be agreed upon and determined by the Council. He shall be a duly licensed professional engineer of the State of New Jersey.
B. 
Duties. The Engineer shall perform the duties prescribed by general law and ordinance and, in addition, shall:
(1) 
Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Town either on force account or by public contract.
(2) 
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Town.
(3) 
If so directed, operate, maintain, inspect and repair the Town sanitary sewer system in accordance with the provisions of Chapter 112, Sewers.
(4) 
Provide technical and engineering advice and assistance to all Town departments as needed.
(5) 
Upon the termination of his service with the Town, surrender all papers, documents, memoranda, reports and other materials relating to the administration of his engineering duties.

§ 4-15 Municipal Court.

[Amended 11-12-1991 by Ord. No. 91-9; 12-10-1991 by Ord. No. 91-10; 8-12-2003 by Ord. No. 03-15; 11-27-2007 by Ord. No. 07-19;12-22-2009 by Ord. No. 09-25; 12-27-2012 by Ord. No. 12-12[1]]
A. 
Title of Court. Under the powers and authority granted to the Town of Clinton by N.J.S.A. 2B:12-1 et seq., a Municipal Court is hereby established for the Town of Clinton, in the County of Hunterdon, to be known as "Municipal Court of the Town of Clinton."
B. 
Shared services agreements. The Town is authorized to enter into and execute one or more shared services agreements with other municipalities for the creation of a shared municipal court through the appointment of the same persons to serve as the court staff of the Municipal Court of the Town of Clinton and the municipal courts of such other municipalities, as well as the maintenance of shared court facilities, equipment, supplies and employees. The salary of the court staff and the other costs of operating the shared municipal court shall be shared between any municipalities with which the Town has executed a shared services agreement, as provided for in such agreement(s). Any costs and fines collected from defendants and any other costs or amounts collected or received by the Court operated pursuant to the shared services agreement shall be divided between such municipalities as provided for in the agreement, unless otherwise provided by law.
C. 
Municipal Court Judge. This Municipal Court shall have a Municipal Court Judge. The Municipal Court Judge shall have such qualifications, be appointed and serve such term as is provided by law. The salary of the Municipal Court Judge shall be determined by a separate salary ordinance of the Town from time to time adopted or as set forth in a shared services agreement establishing a shared municipal court.
D. 
Municipal Court Administrator. The Municipal Court shall have an Administrator appointed by the governing body who shall perform the functions and duties prescribed for the Administrator by law, by the rules applicable to municipal courts and by the Municipal Court Judge. The Administrator shall be appointed for a term of one year or as provided in a shared services agreement. The salary of the Municipal Court Administrator shall be determined by a separate salary ordinance of the Town from time to time adopted or as set forth in a shared services agreement establishing a shared municipal court.
E. 
Deputy Municipal Court Administrator. There may be one or more Deputy Court Administrators of the Municipal Court who shall be appointed by the governing body. Deputy Municipal Court Administrators shall perform the functions assigned to them by the Municipal Court Judge and the Municipal Court Administrator.
F. 
Necessary clerical and other assistance. The governing body may appoint such other clerical or other assistance for the Municipal Court as is necessary for the Court’s efficient operation.
G. 
Municipal Prosecutor. The Municipal Court shall have a Municipal Prosecutor. The governing body shall appoint the Municipal Prosecutor and may appoint a Chief Municipal Prosecutor and such Deputy Municipal Prosecutors as may be determined by it to be necessary. The Municipal Prosecutor, including any Chief or Deputy Municipal Prosecutor, shall be appointed for a term of one year from the date of appointment, or as provided in a shared services agreement, and may continue to serve in office pending reappointment or appointment of a successor.
H. 
Prosecutor qualifications and duties. In accordance with N.J.S.A. 2B:12-27, the Municipal Prosecutor and any Chief or Deputy Municipal Prosecutors shall be qualified as attorneys at law of the State of New Jersey in good standing, and shall represent the Town (or the Town as the representative of the state in connection with prosecutions involving violations of state law) in prosecutions in the Municipal Court. The Municipal Prosecutor, including any Chief or Deputy Municipal Prosecutor, shall have all the privileges and immunities enjoyed by the Attorney General of the State of New Jersey, the County Prosecutor, and their respective designees.
I. 
Prosecutor compensation. The Municipal Prosecutor, and any Chief, Deputy or Special Municipal Prosecutor, shall be compensated in the manner established by the separate salary ordinance of the Town from time to time adopted, or professional services contract from time to time authorized, or as set forth in a shared services agreement establishing a shared municipal court.
J. 
Municipal Public Defender. There is hereby created the position of a Municipal Public Defender who shall be appointed by the governing body. The governing body may appoint a Chief Municipal Public Defender and such Deputy Municipal Public Defenders as may be determined by it to be necessary. The Municipal Public Defender, Chief Municipal Public Defender or Deputy Municipal Public Defender shall be appointed for a term of one year from the date of appointment, or as provided in a shared services agreement, and may continue to serve in office pending reappointment or appointment of a successor.
K. 
Public Defender qualifications and duties. In accordance with N.J.S.A. 2B:24-1 et seq., the Municipal Public Defender and any Deputy Municipal Public Defenders shall be qualified as attorneys at law of the State of New Jersey in good standing and shall represent those defendants appearing in Municipal Court who are determined by the Court to be indigent and whose representation is assigned to the Municipal Public Defender by the Court. The Municipal Public Defender and any Deputy Municipal Public Defenders shall have all of the duties provided by N.J.S.A. 2B:24-1 et seq., in the representation of indigent defendants in proceedings over which the Municipal Court has jurisdiction.
L. 
Public Defender compensation. The Municipal Public Defender, Chief Municipal Public Defender or Deputy Municipal Public Defender shall be compensated in the manner established by the separate salary ordinance of the Town from time to time adopted, or professional services contract from time to time authorized by resolution, or as set forth in a shared services agreement establishing a shared municipal court.
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2013.

§ 4-16 (Reserved) [1]

[1]
Editor’s Note: Former § 4-16, Board of Assistance, as amended, was repealed 2-13-2001 by Ord. No. 01-01. This ordinance also provided that all duties of the Board of Assistance and the Director of Welfare will be carried out by the County of Hunterdon to the extent permitted by laws, and that any duties imposed upon the Town of Clinton by N.J.S.A. 44:8-107 et seq. or other laws which are not performed by the County of Hunterdon shall be performed by the Municipal Clerk.

§ 4-17 Board of Health.

A. 
Establishment. There shall be a Board of Health in the Town consisting of five members appointed by the Mayor, with the advice and consent of the Town Council, for a term of 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.
B. 
Powers and duties. The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of Town residents, shall employ necessary personnel and fix their salaries and shall have under its jurisdiction the Bureau of Vital Statistics of the Town, the Health Officer, the Public Health Nurse and such other employees as are necessary to carry out its duties. The Board of Health shall have all the jurisdiction conferred upon boards of health by Title 26 of the New Jersey Statutes Annotated.

§ 4-18 Civil Defense and Disaster Control Council.

There shall be a Civil Defense and Disaster Control 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 Town government shall cooperate with and assist the Council as required.

§ 4-19 Shade Tree Commission.

A. 
Established. A Shade Tree Commission is established for the purpose of regulating, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Town, except state highways unless the State Highway Department assents thereto, and except county highways, parks and parkways unless a County Shade Tree Commission is operative and gives assent thereto. The Commission members shall be residents of the Town and serve without compensation, except as hereinafter provided.
B. 
Appointment of members; terms; vacancies. The Shade Tree Commission shall consist of five members appointed by the Mayor for a term of five years, except that those first appointed shall be on a staggered basis. All appointments, except those to fill vacancies, shall be effective January 1 next succeeding the appointment. Any vacancy occurring by reason of the death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
C. 
Organization. The Commission shall organize annually by the election of one of its members as Chairman and the appointment of a Secretary, who need not be a member.
D. 
Powers and duties. The Shade Tree Commission shall have the power to:
(1) 
Issue permits to perform work contemplated under § 130-1 of Chapter 130, Trees and Shrubs.
(2) 
Promulgate such ordinances and written rules and regulations as may be necessary pursuant to statute and for the proper interpretation of this section, administration and enforcement, provided that the ordinances and regulations do not conflict with this section and conform to the general standards.
(3) 
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to Subsection A, including the planting, trimming, spraying, care and protection thereof.
(4) 
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
(5) 
Move or require the removal of any tree or part thereof dangerous to public safety.
(6) 
Care for and control such parks and parkways; encourage arboriculture; make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the Town Council, any and all ordinances necessary or proper for carrying out the provisions hereof.
(7) 
Administer treatment to or remove any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Town and enter upon private property for that purpose, with the consent of the owner, provided the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.
E. 
Planting and removal of trees to be a lien.
(1) 
Except as hereinafter provided, the initial cost of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for their protection and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission so determines in accordance with rules and regulations for that purpose, be a charge upon the real estate in front of which the tree shall be planted or removed as an improvement. The cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified to the Collector of Taxes and shall thereupon be a Hen upon the real estate and shall be included in the next tax bill rendered to the owner and collected in the same manner as other taxes against the property.
(2) 
The provisions of this subsection shall not apply to a planting to replace a tree planted by the Commission or a planting in connection with Arbor Day exercises or other educational demonstration.
F. 
Notice and hearing. In every case where the owner will be charged with the cost of planting any shade tree, the Commission shall give notice of the meeting at which it is proposed to consider the planting by publishing the notice at least one, not less than 20 days before the meeting, in a newspaper circulating in the Town, or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street or portions thereof on which the planting is proposed and require all persons who may object to present their objections in writing at the office of the Commission at or before the meeting. Before final action is taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove or cause the removal of a tree or part of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
G. 
Consent required for certain improvements.
(1) 
No statute giving any person, state, county or municipal board, body or official the power or authority to lay sidewalks along or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction the tree is located. In all cases, the Commission shall reasonably cooperate with the person, board, body or official for the general public good.
(2) 
Nothing in this subsection shall be held to take away or diminish any of the powers or authority of any County Park Commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.
H. 
Annual appropriations.
(1) 
During the month of December in each year, the Shade Tree Commission shall certify to the Council the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made:
(a) 
Payment of wages and salaries of employees.
(b) 
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
(c) 
Purchase of trees and shrubbery.
(d) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
(2) 
The Council shall annually appropriate such sum as it deems necessary for such purposes.

§ 4-20 Board of Recreation Commissioners.

[Added 11-27-2007 by Ord. No. 07-17[1]]
A. 
Creation. There is hereby created a Board of Recreation Commissioners for the Town of Clinton, pursuant to N.J.S.A. 40:12-1 through 40:12-8.
B. 
Duties. Duties of the Board of Recreation Commissioners shall be to oversee and provide all recreational activities within the Town of Clinton, including coordinating the maintenance and upkeep of parks and playgrounds facilities with the Public Works/Business Administrator, the providing of recreational services, the oversight of activities at playgrounds and parks, the oversight of recreational employees hired to assist with recreational activities, the appointment of recreational employees, the collection of and accounting for monies received for recreational activities, subject to and limited by the annual appropriation approved by the Mayor and Council and income received, control lands, playgrounds, and recreation places acquired and leased. The Board may adopt a Board Seal, suitable rules, regulations and bylaws for use of recreational facilities, and the conduct of all persons while on or using the same, set fees and charges for the use of recreational lands and facilities as authorized and limited by statute and ordinance, and provide such reports and information to the Chief Financial Officer and the Mayor and Council as shall be necessary in order to satisfy the Chief Financial Officer and the Mayor and Council.
C. 
Members. The Board of Recreation Commissioners shall consist of seven plenary members, two alternates and two ex officio members. One member of Council shall be appointed as a plenary member and one as an ex officio member. All members shall be appointed by the Mayor with the advice and consent of the Council, except the Council members, who shall be appointed by the Mayor. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. The alternate members shall be designated Alternate No. 1 and Alternate No. 2. A vote may not be delayed in order that a regular member of the Board of Recreation Commissioners may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. Ex officio members may attend meetings and provide comments or ask questions regarding the proceedings but shall not vote. Members, alternate members, and ex officio members shall be citizens and residents of the Town.
D. 
Terms of members.
(1) 
At the first appointment of members to the Board of Recreation Commissioners the following terms apply: two shall be appointed for a term of one year; two shall be appointed for a two-year term; one shall be appointed for a three-year term; one shall be appointed for a four-year term; and one shall be appointed for a five-year term. Initial appointments shall terminate December 31 of the last year of the term. Upon the expiration of the first appointment term of each said member, the succeeding term thereafter shall be for five years. Vacancies occurring other than by expiration of the term shall be filled for the unexpired term only.
(2) 
At the first appointment of alternate members to the Board of Recreation Commissioners the following terms apply: one shall be appointed for one year and one shall be appointed for two years. Initial appointments shall terminate December 31 of the last year of the term. Upon the expiration of the first appointment term of each said member, the succeeding term thereafter shall be for five years. Vacancies occurring other than by expiration of the term shall be filled for the unexpired term only.
(3) 
The terms of the ex officio members shall be one year, or until their term as Council member shall terminate, if that should occur sooner.
E. 
Chairperson. At the beginning of each year, the Board of Recreation Commissioners shall designate a member of the Board to serve as Chairperson for the Board.
F. 
Recreation Director, secretary, assistants.
(1) 
If a sufficient appropriation has been provided for, the Board of Recreation Commissioners may appoint a Recreation Director for a term not to exceed three years, a secretary or clerk, and such number of custodians, supervisors and assistants for the several playgrounds and recreation areas under its control as they shall think necessary, and fix and determine their salaries. Such expenses are subject to and limited by the annual appropriation approved by the Mayor and Council and income received.
(2) 
Such secretary or clerk will keep minutes of each meeting of the Board of Recreation Commissioners and provide copies thereof to the members, alternate members and ex officio members, the Mayor and Council, the Public Works/Business Administrator, and the Chief Financial Officer. In addition, such secretary or clerk shall prepare for the Chairperson of the Board all correspondence, shall prepare, in consultation with the Chairperson, an agenda for each meeting, shall keep possession of all records and communications of the Board (except financial records which are to be kept by the Chief Financial Officer), and shall follow up to make sure that the decisions of the Board are carried out.
G. 
Finances.
(1) 
The Mayor and Council shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such playgrounds and recreation places and for the expenses of the Board of Recreation Commissioners, which shall be raised by taxation in the same manner as other taxes, and shall provide a suitable office or offices for the Board of Recreation Commissioners.
(2) 
The Chief Financial Officer shall oversee all expenditures and purchases for recreational activities. In the Fall of each year, the Chief Financial Officer shall, at the direction of the Board of Recreation Commissioners, prepare a proposed budget for submission to the Mayor and Council for the next calendar year. The Chief Financial Officer shall keep track of all expenditures and revenues for recreational activities during the course of the budget year so that recreational expenditures are consistent with budgeted amounts and all revenues are accounted for.
(3) 
Expenditures of the Board of Recreation Commissioners are limited by its annual appropriation as approved by the Mayor and Council, and such funds it has from fees collected.
(4) 
All monies received by the Board of Recreation Commissioners shall be paid over to the Town Chief Financial Officer, and be held by him/her kept in a special fund, under the control of the Board of Recreation Commissioners and used only for the purpose of defraying the expenses of improving, maintaining, or policing the playgrounds and recreation places and for the other appropriate expenses of the Board.
H. 
Acquisition of property. The Board of Recreation Commissioners shall have no power to incur any obligation in the name of the Town or on the Town's account, except for expenditures within the Board's appropriation as made by the Mayor and Council, and any expenditure shall be in accordance with the fiscal affairs rules imposed by law.
(1) 
The Board of Recreation Commissioners may investigate and recommend the lease or purchase of lands and present estimates of costs and proposed improvements to the Mayor and Council, which are vested with the power to decide such issues and appropriations. The power to purchase, lease, condemn, or to decline such actions as to such lands is within the powers of the Mayor and Council.
(2) 
The title to all lands acquired or taken shall vest in the Town of Clinton, and all leases shall be in the name of the Town of Clinton.
I. 
Fees and charges.
(1) 
The Board of Recreation Commissioners shall, within the first two months of its creation, with the assistance of the Chief Financial Officer, determine the nature and amount of all its revenue sources from those who pay to use Town facilities or services and shall then cause to have prepared an ordinance establishing a charge therefor. The ordinance may permit certain charges of a fluctuating nature to be set by the Mayor and Council by yearly resolution. Thereafter, services for recreation activities shall only be imposed pursuant to the charges established by law.
(2) 
Charges for the use of Board of Recreation facilities shall be as follows:
[Added 2-12-2008 by Ord. No. 08-01]
Facility
Charge
Field use
To be established by yearly resolution
Use of Community Center
To be established by yearly resolution
User charge for participation in summer recreation program
To be established by yearly resolution
Registration fee for Clinton Basketball League
To be established by yearly resolution
Tennis program
To be established by yearly resolution
J. 
Violations of rules and regulations. The Board of Recreation Commissioners, when adopting suitable rules and regulations for use of the playgrounds and recreation areas, and the conduct of all persons while on or using the same, may recommend to the Mayor and Council that provision be made by ordinance that violations be a disorderly persons offense, and that penalties be set for such offenses by ordinance.
[1]
Editor's Note: This ordinance also repealed former § 4-20, Parks and Playgrounds Commission, as amended.

§ 4-21 Public documents and services.

A. 
Inspection of public records. Public records of the Town shall be open for inspection by members of the public as provided by law (N.J.S.A. 47:1A-1). Such inspection shall be made only at reasonable times during business hours and without interference with the conduct of the affairs of the office or other place where such records are kept or maintained.
B. 
Schedule of fees. The fees or other maximums that may be authorized by law from time to time to be charged for copies of public documents, permits and services shall be as provided in Chapter 73, Fees.
[Amended 3-26-1985 by Ord. No. 85-4]
C. 
Copying by person requesting documents. Where the document in question is more than 100 pages in length, the Clerk may permit the person requesting copies to use his own copying machine, provided there is no risk of damage to or mutilation of the documents and it would not be incompatible with the transaction of public business. Such determination shall be completely within the discretion of the Clerk. The fee in such case shall be as provided in Chapter 73, Fees.
[Amended 3-26-1985 by Ord. No. 85-4]

§ 4-22 Environmental Commission.

[Added 3-27-1973]
A. 
Establishment. There is hereby created an Environmental Commission in the Town for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Town, pursuant to the provision of N.J.S.A. 40:56.[1]
[1]
Editor's Note: See N.J.S.A. 40:56A-1 for provisions on establishing an Environmental Commission.
B. 
Membership; terms.
(1) 
The Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Municipal Land Use Board, one of whom shall be a member of the Town Council and one of whom shall be a member of the Shade Tree Commission, and all of whom shall be residents of the Town.
[Amended 12-10-2013 by Ord. No. 13-20]
(2) 
Members shall serve without compensation, and the Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission.
(3) 
The terms of office of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making his appointments so that the terms of approximately 1/3 of the members shall expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors.
(4) 
The Mayor or Council of the Town may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel.
(5) 
A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
C. 
Powers. The Environmental Commission shall have the power to conduct research into the use and possible use of the open land areas of the Town and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall likewise have the power to study and make recommendations regarding open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance and protection of flora and fauna. It shall likewise have the power to manage donated or purchased lands for conservation purposes and the operating of conservation programs and shall act as the coordinating agency of the Town on conservation matters and a liaison between conservation needs and regional, county, state and federal agencies and private agencies ministering to those needs.
D. 
Index of open areas. The Environmental Commission shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Land Use plans and programs for inclusion in the Master Plan for the development and use of such area.
[Amended 12-10-2013 by Ord. No. 13-20]
E. 
Acquisition of property. The Environmental Commission may, subject to the approval of the Town Council, acquire property, both real and personal, in the name of the Town, by gift, purchase, grant, bequest, devise or lease, for any of its purposes, and shall administer the same for such purposes, subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement, including conservation easement, covenant or other contractual right, including a conveyance on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the Town.
F. 
Control of lands. The Environmental Commission shall, subject to approval of the Town Council, have exclusive control of lands acquired for the purposes stated, and may adopt suitable rules and regulations for the use thereof and the conduct of all persons while on or using the same.
G. 
Records and reports. The Environmental Commission shall keep records of its meetings and activities and shall make an annual report on or before December 1 of each year and submit the same to the Council. Such report shall be comprehensive and detailed covering operations, receipts, disbursements and expenditures for the full year.
H. 
Operational procedures.
(1) 
Adoption of bylaws. The Environmental Commission is authorized to adopt bylaws governing its procedural operation.
(2) 
Records. The Town Council shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such lands acquired for the uses and purposes herein stated and for the expenses of the Commission, which shall be raised by taxation in the same manner as other taxes.
(3) 
Employees. The Environmental Commission may appoint a clerk and other employees as it may from time to time require and as shall be within the limit of funds appropriated to it. The salaries of all such employees shall be fixed and determined by the Town Council.

§ 4-23 North Hunterdon Ten Joint Sewerage Association.

[Added 6-11-1974 by Ord. No. 74-6]
A. 
Findings. Pursuant to the provisions of N.J.S.A. 40:63-68 et seq., it is deemed in the best interest of this municipality to undertake certain surveys and reports at joint expense with the municipalities of Bethlehem Township, the Borough of Califon, the Town of Clinton, Clinton Township, Franklin Township, the Borough of Glen Gardner, the Borough of Hampton, the Borough of High Bridge, Lebanon Township and Union Township. The provisions of this section shall be adopted by the aforesaid municipalities.
B. 
Authorization. The Town is hereby authorized to unite with the aforesaid municipalities and jointly cause to be made, at joint expense, surveys, maps and plans of and reports, specifications and estimates for the construction, maintenance and operation of outlet or trunk sewers or a system of sewerage, or systems of conveying sewage from a point or points to be agreed upon to a common destination or to disposal works, and for the construction, maintenance and operation of works, plants and stations within or without the municipality for treatment, rendering and disposal of sewage.
C. 
Execution of agreement. The Town shall unite with the aforesaid municipalities for the purpose aforesaid under the name of "North Hunterdon Joint Sewerage Assembly."
D. 
Delivery of cost estimates, plans and specifications. The surveys, maps, plans, reports, specifications and estimates or true copies thereof shall be delivered by the persons making them to the Clerk of the municipality, together with an estimate of the cost and expense of the proposed improvements or works and the percentage of the cost and expense proposed to be apportioned to and paid by the municipality, and also an estimate of the annual cost of maintenance, repairs, operation and supervision of the proposed improvements or works annually to be paid by each municipality after the completion thereof.

§ 4-24 Personnel policy.

[Added 5-9-1978 by Ord. No. 78-7]
The personnel policy of the Town shall be duly set by resolution adopted by the Mayor and Council of the Town and shall thereafter be modified and amended by resolution.

§ 4-25 Emergency Management Coordinator; Deputy.

[Added 10-25-1988 by Ord. No. 88-15]
A. 
The position of Emergency Management Coordinator for the Town of Clinton is hereby created.
B. 
The Emergency Management Coordinator shall have the authority to appoint one or more Deputy Emergency Management Coordinators subject to the approval of the Mayor of the Town of Clinton.
C. 
Except as otherwise provided by law, the Emergency Management Coordinator shall not be removed during his term of office for political reasons but may be removed for good cause, including but not limited to incapacity, misconduct or disobedience of the rules and regulations established by the Mayor and Council or by the State Director of Emergency Management and then only in accordance with the procedures set forth in N.J.S.A. 40A:9-161.
[Added 11-22-1988 by Ord. No. 88-18]
D. 
The Emergency Management Coordinator shall successfully complete the current approved Civil Defense Director-Coordinator course within one year immediately following his appointment. The failure of the Emergency Management Coordinator to fulfill this requirement shall disqualify the Emergency Management Coordinator from continuing in office, and thereafter, a vacancy in said office shall be deemed to have been created.
[Added 11-22-1988 by Ord. No. 88-18]
E. 
The Deputy Emergency Management Coordinators shall serve at the pleasure of the Mayor and Council.
[Added 11-22-1988 by Ord. No. 88-18]

§ 4-26 Municipal Public Defender; application fee.

[Added 3-10-1998 by Ord. No. 98-3]
A. 
There is hereby created the position of Municipal Public Defender for the Town of Clinton, which position shall be filled by an attorney at law of New Jersey in good standing. The term for the initial appointment of the Municipal Public Defender shall be from the date of appointment until December 31, 1998. Thereafter the term shall be for one year or until the qualification of his or her successor. The Municipal Public Defender shall be compensated either on an hourly, per diem, annual or other basis as determined by the ordinance, resolution or agreement setting compensation.
B. 
The duties of Municipal Public Defender shall be to represent any defendant charged with an offense in Municipal Court who is an indigent municipal defendant entitled to representation pursuant to N.J.S.A. 2B:24-1 et seq., not including de novo appeals to the Superior Court.
C. 
A Municipal Public Defender may be removed by the Mayor and Council for good cause shown and after a public hearing and upon due notice and an opportunity to be heard. Failure to reappoint a Municipal Public Defender for a second or subsequent term does not constitute a removal from office within the meaning of this subsection.
D. 
If there is a vacancy in the office of Municipal Public Defender, if the Municipal Public Defender is temporarily unavailable or if a finding of conflict of interest precludes the Municipal Public Defender from representing an indigent defendant, the Municipal Court may appoint a qualified attorney to represent the indigent defendant, at compensation to be paid by the municipality, at rates to be established by resolution of the Mayor and Council or, in absence of such rates, at the rates established by the Office of the Public Defender in conflicts cases, with payment to be made within 30 days of submission of a voucher in the proper form. Once appointed, the attorney shall carry out all duties of the Municipal Public Defender in connection with the case that is the subject of the appointment.
E. 
A person applying for representation by a Municipal Public Defender or Court-appointed counsel shall pay, on or after December 22, 1997, an application fee of $200 to the Town of Clinton. The Municipal Court Judge may waive the 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.
F. 
Funds collected pursuant to Subsection E of this section shall be deposited in a dedicated fund administered by the appropriate official of the Town of Clinton or the North Hunterdon Municipal Court. Such funds shall be used exclusively to meet the costs incurred in providing the services of the Municipal Public Defender, including, when required, expert and lay investigation and testimony.
G. 
There shall be no obligation of the Town of Clinton to pay for expert and lay investigation or testimony necessary to the defense of an indigent prior to March 24, 1999, at which time the obligations of the Town in this regard shall be in accordance with applicable statute and/or the New Jersey Rules of Court.
H. 
The Town of Clinton shall have all lien and collection rights on any property to which the defendant, or the parents or legal guardians of a minor defendant, shall have or acquire an interest for an amount equal to the reasonable value of services rendered to a defendant by the Municipal Public Defender or Court-approved compensated counsel consistent with the procedures set forth in N.J.S.A. 2B:24-11, 2B:24-12, 2B:24-13, 2B:24-14, 2B:24-15 and 2B:24-16, or as otherwise provided by law.

§ 4-27 Smart Growth Committee.

[Added 2-14-2006 by Res. No. 36-06; amended 2-9-2010 by Ord. No. 10-02]
A. 
The Mayor is hereby authorized to appoint a Smart Growth Committee in order to prepare a vision study pertaining to the various growth issues affecting the Town of Clinton, including traffic, sprawl, parking, streetscapes, encouragement of business compatible with the historic ambiance of the Town and amenities that can be developed to encourage smart growth. The Committee shall be empowered to develop plans and programs to encourage appropriate businesses to locate in Clinton, to review Town ordinances to determine whether they are helpful in attracting suitable businesses, to solicit ideas from professional and local businesses as to how to encourage new businesses to locate in Clinton and to take such other steps consistent with the goals set forth in this section to make Clinton a better place to live by encouraging smart growth and beneficial business development.
B. 
The Committee shall consist of the following:
(1) 
A Land Use Board member;
[Amended 12-10-2013 by Ord. No. 13-20]
(2) 
A Land Use Board member;
[Amended 12-10-2013 by Ord. No. 13-20]
(3) 
The Mayor, or the Mayor's designee in the absence of the Mayor;
(4) 
Two Council Members;
(5) 
Three Residents;
(6) 
One merchant or business person.
C. 
The Committee is charged with the responsibility of organizing and exploring grant options that may be available to help fund studies or analysis of the smart growth potential for the Town, including securing grants from the Highlands Commission, the Department of Environmental Protection, the Department of Community Affairs, the County of Hunterdon and any other federal, state, local or private agency that may have funding available to assist the Town in furthering smart growth and solving traffic circulation and parking problems experienced by the Town.
D. 
The Committee is authorized to work with the Town Planner, Engineer and Attorney to further its goals.
E. 
The Mayor shall appoint a councilperson to serve as Chairperson of the Committee and to schedule meetings.

§ 4-28 Municipal Housing Liaison.

[Added 7-24-2007 by Ord. No. 07-11]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the Town of Clinton's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Town of Clinton to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Town of Clinton.
C. 
Establishment of position; compensation; powers and duties.
(1) 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the Town of Clinton.
(2) 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Town of Clinton, including the following responsibilities which may not be contracted out, exclusive of Subsection C(3)(f), which may be contracted out:
(a) 
Serving as the Town of Clinton's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b) 
Monitoring the status of all restricted units in the Town of Clinton's Fair Share Plan;
(c) 
Compiling, verifying, and submitting annual reports as required by COAH;
(d) 
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(f) 
If applicable, serving as the administrative agent for some or all of the restricted units in the Town of Clinton as described in Subsection C(6) below.
(4) 
Subject to approval by COAH, the Town of Clinton may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of the Town of Clinton, except for those responsibilities which may not be contracted out pursuant to Subsection C(3) above. If the Town of Clinton contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.
(5) 
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
(6) 
Administrative powers and duties assigned to the Municipal Housing Liaison:
(a) 
Affirmative marketing:
[1] 
Conducting an outreach process to ensure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Town of Clinton and the provisions of N.J.A.C. 5:80-26.15; and
[2] 
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(b) 
Household certification:
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households;
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
[6] 
Employing the random selection process as provided in the Affirmative Marketing Plan of the Town of Clinton when referring households for certification to affordable units.
(c) 
Affordability controls:
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
[2] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
[3] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
[4] 
Communicating with lenders regarding foreclosures; and
[5] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(d) 
Resale and rental:
[1] 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
[2] 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
(e) 
Processing request from unit owners:
[1] 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
[2] 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and
[3] 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(f) 
Enforcement:
[1] 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
[3] 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
[4] 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
[5] 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
[6] 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
[7] 
Providing annual reports to COAH as required.
(g) 
The administrative agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.