[HISTORY: Adopted by the Township Committee of the Township
of Alloway 10-13-2003 by Ord. No. 361.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.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.
