[HISTORY: Adopted by the Township Committee of the Township of Alloway 10-13-2003 by Ord. No. 361. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 7, Court, adopted 5-5-1960 by Ord. No. 57, amended in its entirety 12-12-1974 by Ord. No. 130, as subsequently amended.
Pursuant to the authority established in N.J.S.A. 2B:12-1 et seq., the following is adopted.
An interlocal services agreement entitled "Agreement Between the Townships of Pilesgrove, Alloway, and Upper Pittsgrove, to Establish the Pilesgrove/Upper Pittsgrove/Alloway Joint Municipal Court," hereafter referred to as "said Agreement," which agreement is on file in the office of the Municipal Clerk, Alloway Municipal Building, 49 S. Greenwich Street, Alloway, New Jersey, and available for public inspection between 9:30 a.m. and 12:30 p.m. Monday through Friday, is hereby authorized to be entered into by the Township of Alloway, and the Mayor and Township Clerk are authorized to sign same as evidence of this authorization.
By this chapter and said agreement, and by similar ordinances adopted by the Townships of Pilesgrove and Upper Pittsgrove, there is established a single Pilesgrove/Upper Pittsgrove/Alloway Joint Municipal Court for the Townships of Pilesgrove, Upper Pittsgrove and Alloway, entitled "Pilesgrove Joint Municipal Ct," and hereinafter referred to as the "Pilesgrove Joint Municipal Ct." The jurisdiction of this Pilesgrove Joint Municipal Ct shall be coextensive with the territories of Pilesgrove Township, Upper Pittsgrove Township, and Alloway Township, in Salem County, New Jersey.
The Judge of Pilesgrove Joint Municipal Ct shall be nominated and appointed by the Governor of the State of New Jersey, with the advice and consent of the Senate of the State of New Jersey, and shall serve for a term of three ears from the date of appointment and until a successor is appointed and qualified.
The Administrator, Deputy Administrator(s), Prosecutor, Public Defender and all other personnel shall be appointed by mutual agreement and duplicate resolutions by Pilesgrove Township, hereinafter referred to as "Pilesgrove" and Upper Pittsgrove Township, hereinafter referred to as "Upper Pittsgrove," and Alloway Township, hereinafter referred to as "Alloway."
The Pilesgrove Joint Municipal Ct shall become effective and commence on January 5, 2004, and on that date the Pilesgrove/Upper Pittsgrove Municipal Court and the Municipal Court of the Township of Alloway shall be abolished and their functions, powers and duties, records and pending cases shall be transferred to the Pilesgrove Joint Municipal Ct established pursuant to this chapter and by similar ordinances adopted by the Townships of Pilesgrove and Upper Pittsgrove, and by agreement between them.
Pilesgrove shall furnish all facilities, such as courtroom, judge's chambers, administrator's office, violations bureau, recording equipment, phones, computers, filing cabinets and furniture for the proper administration of justice in the Pilesgrove Joint Municipal Ct. Alloway shall furnish the filing cabinets it currently uses to operate its Municipal Court.
A Pilesgrove Joint Municipal Ct Committee shall be formed, consisting of one representative appointed by Pilesgrove, one representative appointed by Upper Pittsgrove, and one representative appointed by Alloway. This Pilesgrove Joint Municipal Ct Committee shall establish the times and place when the Pilesgrove Joint Municipal Ct shall be convened and determine such other details regarding the administration of the Court that do not require action by the governing bodies.
Compensation for the Judge, Administrator, Deputy Administrator, Prosecutor, Public Defender and all other personnel for the Pilesgrove Joint Municipal Ct shall be fixed by mutual agreement and duplicate ordinances adopted by Pilesgrove, Upper Pittsgrove and Alloway.
The expenses for the operation of the Pilesgrove Joint Municipal Ct shall be approved by resolution by Pilesgrove, Upper Pittsgrove and Alloway. Pilesgrove shall make payment of said compensation and expenses and shall be reimbursed by Upper Pittsgrove and Alloway for their share of same, upon presentation of monthly vouchers addressed to Alloway from Pilesgrove. A Joint Municipal Public Defender shall be appointed to defend all cases for which assigned counsel is required. Total expenditures for compensation and expenses for each year shall be joint between the municipalities, with Pilesgrove paying 43%, Upper Pittsgrove paying 43% and Alloway paying 14%. In addition to this allocation of expenses, Upper Pittsgrove shall pay $43 per month to Pilesgrove, and Alloway shall pay $14 per month to Pilesgrove. Such amounts are deemed adequate to equally share in the average monthly additional administration and overhead expenses, of $100 per month, to operate the Court. This rate of sharing shall continue until and unless changed by mutual agreement between the parties, which may be approved by mutual resolutions and shall be reviewed annually.
All fines, costs, fees, penalties and forfeitures, including forfeitures of bail, imposed by the Pilesgrove Joint Municipal Ct, and any other funds, which are distributable to local municipalities, shall be paid over and forwarded to the financial officer for that municipality in which the complaint, charge, events, acts or violation arose which produced the particular fine, cost, fee, penalty, forfeiture or other funds. Distribution of such monies shall be made on a monthly basis directly to the respective municipality along with a monthly report. Each municipality shall receive a copy of not only its monthly report, but also the monthly report of the other municipalities as well.
Said Pilesgrove Joint Municipal Ct shall continue indefinitely on a year-to-year basis unless terminated by either Pilesgrove, Upper Pittsgrove or Alloway adopting an ordinance prior to September 1 withdrawing its municipality from said Pilesgrove Joint Municipal Ct effective December 31 of that same year and after advance written notice to the other municipalities prior to September 1 for the termination on December 31 of that same year.
The provisions of this chapter may be subject to modification from time to time and may be amended by the parties by mutual agreement, including the adoption of duplicate resolutions, or ordinances when necessary, by the respective municipalities.
[Amended 1-8-2004 by Ord. No. 364]
All employees of the Pilesgrove Joint Municipal Ct shall receive an annual salary set forth on the annual salary ordinance adopted for the Township of Pilesgrove.