[1]
Borough of Point Pleasant is governed under the Borough form
of government pursuant to N.J.S.A. 40A:60-1 et seq. The Administrative
Code has been drafted in conformity with the Borough law and in many
instances provisions have been restated. Other enabling laws relevant
to this Chapter are N.J.S.A. 2A:9-7 et seq., Municipal Court; N.J.S.A.
2B:12-1 et seq., Board of Health; N.J.S.A. 40:55D-69 et seq., Zoning
Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A.
40:47-1, and Police Department, Fire Department; N.J.S.A. 40:56A-1
et seq., Environmental Commission; and N.J.S.A. 40:48-2, General Authority
to Regulate the Internal Affairs of the Borough.
For salary grades and ranges, wages, compensation and fees
of all officers and employees of the Borough, see annual salary ordinances
of the Borough. Such ordinances are not included in these Revised
Ordinances, but are saved from repeal. See Adopting Ordinance.
[New; Ord. #872, S 2]
This Chapter shall be known and may be cited as the Administrative
Code of the Borough of Point Pleasant
[New; Ord. #872, S 2]
The Council shall consist of the Mayor and six (6) councilmen
elected at large in the Borough, all of whom shall be elected and
take office in the manner provided by law. The term of office shall
commence January 1 next following their election.
[New; Ord. #872, S 2]
The Council shall by ordinance adopt rules or procedure not
inconsistent with this Code. The rules shall provide for standing
committees of the Council.
[New; Ord. #872, S 2]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled and codified.
[New; Ord. #872, S 2]
Whenever a vacancy occurs in the membership of the governing
body, the vacancy shall be filed in accordance with the provisions
of the Municipal Vacancy Law, N.J.S. 40A:16-1 et seq.
[New; Ord. #872, S 2]
Every person appointed by the Borough Council or by the Governor
to fill a vacancy, either for the unexpired term or temporarily, shall
have the qualifications required by statute to permit the appointee
to qualify for election to the office, and if the previous incumbent
had been elected to office as the nominee of a political party, the
person so appointed shall be of the same political party.
[Ord. #530, S 24B-1; Ord. #872, S 2]
The meetings of the Council hall be governed by Robert's Rules
of Order so far as the same do not conflict with these bylaws or with
the statutes of the State of New Jersey governing boroughs and municipalities
generally.
[Ord. #530, S 24B-2; Ord. #872, S 2]
a.
Duties of Mayor.
1.
The Mayor shall preside over the meetings of the Council. He/she
shall also participate in the determination of Borough affairs to
the extent permitted by statute and by these bylaws and shall see
that the laws of the State and the ordinances of the Borough are faithfully
executed. He/she shall recommend to the Council such measures as he/she
may deem necessary or expedient for the welfare of the Borough. He/she
shall, pursuant to N.J.S.A. 40A:60-5.h, maintain peace and good order
and have the power to suppress all riots and tumultuous assemblies
in the Borough in accordance with statutes made and provided in such
instance or in accordance with the powers granted by the statutes
governing boroughs, as the same may be amended by the Legislature
of the State of New Jersey.
2.
He/she shall, on all occasions, preserve strict order and decorum,
and he/she shall cause the removal of all persons who interrupt the
orderly proceedings of the Council, either upon his own motion or
upon a majority vote of Council.
3.
When two (2) or more Councilmen shall rise at the same time, he/she
shall name the one entitled to the floor.
4.
He/she shall decide all questions of order without debate subject
to an appeal to the Council, and he/she may call upon the Council
for the option of the Council upon any question of order.
b.
Duties of Council.
1.
The Council, by a majority vote, shall appoint one (1) or more of
its members to serve as liaison between the Borough Council and all
boards, committees, agencies or organizations.
2.
In the absence of the Mayor or if he/she is unable to perform his
duties, the Council President, or, in his or her inability to act,
the Council member having the longest term as such, shall act as Mayor
as provided by statute (see N.J.S.A. 40A:60-6). In addition, the Council
President, chosen in accordance with the section of these bylaws set
forth hereinafter, shall preside over public participation sessions,
not required by statute, at all regular or special meetings of the
Council.
See Section 2-5.
[Ord. #530, S 24B-4; Ord. #872, S 2; Ord. #2001-7, SS 1,
2]
a.
Annual Meetings.
1.
The Council shall hold an annual meeting on January 1 at 12:00 Noon,
or during the first seven (7) days of January in any year (see N.J.S.A.
40A:60-3.a).
2.
At the aforesaid meeting, the Council shall fix time and place for
holding regular meetings, whether designated as caucus meetings or
otherwise, during the ensuing year, for the transaction of business,
notice of which shall be prominently posted throughout the year in
at least one public place in the Municipal Building reserved for such
or similar announcements and shall be mailed to two (2) newspapers
within the area of jurisdiction of the public body of such meetings,
one of which shall be the official newspaper and one other newspaper,
both of which shall have the greatest likelihood of informing the
public within the limits of the Borough of such meeting, all in accordance
with Chapter 231 of the Laws of 1975, more commonly known as the Open
Public Meetings Act,[1] or in accordance with such other provisions of the Act
as the same may be amended by the Legislature of the State of New
Jersey.
[1]
Editor's Note: See N.J.S.A. 19:4-6 et seq.
3.
At the annual meeting, the Council will elect one (1) of its members
as Council President to serve for the calendar year (see N.J.S.A.
40A:60-3.b).
b.
Special Meetings. The Mayor shall, when necessary, call special meetings
of the Council. In case of his neglect or refusal, four (4) members
of the Council may call such meeting at such time and place as they
may designate. In all cases of special meetings, reasonable advance
notice, considered to be of forty-eight (48) hours, except in case
of emergency, shall be given in person to all members of the Council
or left at their places of residence (see N.J.S.A. 40:48-24). In addition,
notice of such meetings shall be provided as in paragraph a.2 where,
upon the affirmative vote of three-fourths (3/4) of the members present
and notwithstanding the failure to provide adequate notice:
1.
Such meeting is required and ordered to deal with matters of such
urgency and importance that a delay for the purpose of providing forty-eight
(48) hours' notice will likely result in substantial harm to the public
interest.
2.
The meeting is limited to discussion of and acting with respect to
such matters of urgency and importance, and notice of such meeting
is provided as soon as possible following the calling of such meeting,
which notice shall be in accordance with paragraph a.2 of this subsection.
3.
The Borough Council could have reasonably foreseen the need for such
meeting, but notice of such meeting was not provided (see Section
4(b), Chapter 231 of the Laws of 1975).
c.
Quorums.
1.
A quorum shall be as provided in the Revised Statutes of New Jersey,
that is, three (3) Councilmen and the Mayor, and in the absence of
the Mayor, four (4) Councilmen (see N.J.S.A. 40A:60-3.d).
d.
Conduct of Meetings.
1.
The agenda shall determine the order of business.
2.
In any event, the public participation session at regular meetings
shall be scheduled, as nearly as possible, one-half (1/2) hour after
the call to order, consistent with good order, and the order of business
shall be interrupted to allow for a public participation session not
to exceed one hour's length in time. Each member of the public desiring
to address Council during the public session shall keep his remarks
brief and pertinent to the issue being discussed and shall not exceed
a time period of five (5) minutes for his remarks, in order to adequately
provide all members of the public with the opportunity to address
the Borough Council consistent with good order and efficiency. If
the hour allocated for the public participation session shall prove
inadequate at any meeting of the Council, then the Council may, by
a majority vote, designate a further public participation session
which shall take place in the order of business immediately prior
to adjournment.
3.
A public session shall be scheduled on the agenda of the meeting
before public action is taken by the Council on any resolutions and
authorizations in order that members of the public can comment on
the proposed adoptions of the resolutions and authorizations before
official action is taken. In addition, the agendas shall contain a
public session period after formal actions are taken, so that any
other matters can be commented upon by the public.
4.
The aforesaid order of business at any meeting by a majority vote
of the members of the Council present at such meeting.
e.
Majority Vote Required. Except as otherwise required by the statutes
or specifically provided in these bylaws, all action of the Council
shall be by a majority vote of those present.
f.
Provision for Roll Call Vote. Upon demand of one member of Council
or when ordered by the Mayor or when directed by statute, a roll call
vote shall be taken and the yeas and nays entered in the minutes of
the meeting.
[Ord. #530, S 24B-5; Ord. #872, S 2]
a.
Standing Committees.
1.
A minimum of six (6) standing committees of the Council, consisting
of three (3) Council members each, shall be appointed at the annual
meeting by a vote of the majority of Council.
2.
Each Councilman shall be Chairman of at least one standing committee
and a member of two (2) others.
3.
Standing committees are appointed to expedite and facilitate the
work of the Council, but only within statutory limits as the entire
Council is held responsible for any or all of its acts.
b.
Special Committees. Special committees may be appointed for purposes
other than those included in the duties of the standing committee,
by a vote of the majority of the Council.
c.
Committee Chairmen.
1.
The Chairmen of each standing or special committee shall be prepared
to report to the Council at each regular meeting on the principal
activities and achievements of his committee.
2.
In case of death, resignation, removal from office or incapacity
to serve as Committee Chairman, the Council, by a vote of the majority,
shall name the succeeding Chairman.
[Ord. #1999-03, S1]
a.
Any item to be placed on the Borough Council Meeting Agenda must
be presented to the Borough Clerk by noon on Thursday before the meeting.
b.
Any item sought to be placed on the Borough Council Meeting Agenda
by any member of the Governing Body after noon on Thursday must be
first submitted to the Council President or in his absence the most
senior member of the Borough Council.
c.
The Council President shall, at his discretion, direct the Borough
Administrator to list said item on the agenda.
d.
If any member of the Governing Body disagrees with that determination
the member of the Governing Body may address the issue at the Council
meeting for authorization to place the item on the Council Meeting
Agenda.
e.
This procedure applies to all agenda items, except those items set
by the Borough Clerk, in accordance with the Borough Ordinances and
New Jersey Statutes.
[Ord. #24-2009, S 1]
a.
All Committee meetings of the Council of the Borough of Point Pleasant
shall be open to the public provided, however, nothing herein should
be construed as to require Committee meetings to comply with N.J.S.A.
10:4-6 et seq. ("Open Public Meetings Act") or similar or related
statutes.
1.
In order to effectuate the foregoing, all Committee meetings shall,
to the extent practicable, be held in the Council Chambers at Borough
Hall, and if Council Chambers are unavailable, they shall be held
in a space, public or private, that shall be opened to the public
for the purposes of the meeting.
2.
The Chair of the applicable Committee shall inform the Borough Clerk
of the time and place of the meeting to the extent possible, no less
than three (3) days prior to the scheduled meeting; provided, however,
meetings may be scheduled with less than three (3) days notice only
should emergency circumstances or other good reason so required.
3.
The Borough Clerk shall post the time, date and place of the Committee
meetings on the Borough website.
b.
Nothing herein shall prevent the Committee from adjourning into private
session together with such witnesses or attendees as it deems necessary,
upon providing an articulable reason for the need for such privacy.
[Ord. #585, S 1; Ord. #649, S 1; Ord. #872, S 2]
The office of Municipal Administrator of the Borough is hereby
created pursuant to N.J.S.A. 40A:9-136, et seq., N.J.S.A. 40A:60-7.a
and the employment of a person to fill such position on a temporary
or permanent basis is hereby authorized.
[Ord. #585, S 2; Ord. #649, S 2; Ord. #872, S 2]
The Municipal Administrator shall be appointed by the Mayor
with the consent of the Council.
[Ord. #585, S 3; Ord. #649, S 3; Ord. #872, S 2]
The term of the Municipal Administrator shall be at the pleasure
of the Borough Council.
[Ord. #585, S 4; Ord. #649, S 4; Ord. #872, S 2]
The salary of the Municipal Administrator shall be established
by the Borough Council in the Annual Salary and Wage Ordinance of
the Borough as amended.
[Ord. #585, S 5; Ord. #649, S 5; Ord. #872, S 2]
The Municipal Administrator shall be chosen by the Borough Council
solely on the basis of executive and administrative qualifications,
with reference to actual training in governmental affairs, education,
experience and training as evidenced by a degree from a recognized
four (4) year college in Public Administration, Business Administration,
or a field related to governmental administration and by actual experience
in governmental administration.
[Ord. #585, S 7; Ord. #649, S 7; Ord. #872, S 2]
Within nine (9) months of the date of his appointment, and during
his term, the Municipal Administrator must be a permanent resident
of the Borough unless this requirement is waived by resolution adopted
by a majority vote of the full membership of the Borough Council.
[Ord. #585, S 8; Ord. #649, S 8; Ord. #834, S 2; Ord. #872,
S 2]
a.
The Municipal Administrator may be removed by a two-thirds (2/3)
vote of the full membership of the Borough Council. The resolution
of removal shall become effective three (3) months after the adoption
of same by the Borough Council unless the resolution provides that
it shall have immediate effect. In such event, the Borough Council
shall cause to be paid to the Municipal Administrator forthwith any
unpaid balance of his salary and his salary for the next three (3)
months following adoption of the resolution.
b.
In the event of removal or resignation of the Municipal Administrator,
the Mayor, pursuant to N.J.S.A. 40A:9-137, shall by resolution appoint
an officer or other employee of the Borough as Acting Municipal Administrator
to serve at the pleasure of the Borough Council or until a Municipal
Administrator is appointed by the Mayor. Removal of the Acting Municipal
Administrator shall be by a majority vote of the full membership of
the Borough Council.
c.
The term of office of the Acting Municipal Administrator shall be
no more than sixty (60) calendar days from his confirmation by the
Borough Council.
[Ord. #585, S 9; Ord. #649, S 9; Ord. #872, S 2]
The Municipal Administrator shall provide liaison between the
Mayor and Council and the various departments, officers, employees
and agents of the Borough and in addition, perform the following duties:
a.
To supervise the administration of all departments, officers, employees
and agents of the Borough as directed by the Borough Council.
b.
Coordinate the finances, the preparation of the budget and the compilation
of analysis of budget costs and estimates; recommend to the Borough
Council personnel policies ad administrative practices and enforce
those adopted by it; oversee the purchase of materials, supplies and
equipment to be furnished, and work and labor to be performed for
the Borough, all in accordance with the direction of the Borough Council;
c.
Attend all executives, special, caucus and regular meetings of the
Mayor and Council and perform such other duties as the Mayor and Council
may describe;
d.
Recommend to the Mayor and Council, subject to and consistent with
the New Jersey Department of Personnel, the suspension, dismissal
or other disciplinary action against Borough employees and to investigate
complaints regarding same;
e.
He/she shall continually review and supervise the Borough's insurance
program and policies;
f.
When required by the Borough Council, he/she shall prepare applications
for funds or services needed or required by the Borough and submit
the same to various State, County and Federal agencies which will
be willing or able to provide the necessary assistance, and shall
coordinate all such applications and follow them through to completion.
He/she shall further keep the Borough Council informed of the status
of all such applications and recommend to them various sources of
funds or services provided by any other governmental agency;
g.
He/she shall review daily any complaints concerning the functions
and obligations of the Borough made by any of its residents or taxpayers,
and he/she shall have and maintain a permanent record of all complaints
and the disposition made; when a complaint is made, he/she shall make
the appropriate dispositions;
h.
He/she shall make any recommendations which he/she may believe will
increase the efficiency of the operation of the Borough;
i.
He/she shall prepare and present to Mayor and Council a semi-annual
report of the Borough affairs, which shall include a report from each
department head;
j.
He/she shall require the various department heads to furnish an adequate
inventory of all equipment, materials and supplies in stock and to
recommend sale of any surplus, obsolete or unused equipment when authorized
by the Mayor and Council; he/she shall recommend to the Council procedures
for inventory control and replacement of necessary equipment and supplies,
and shall insure that the procedures adopted by the Borough Council
are implemented;
k.
The Administration shall work with the Borough Attorney, Engineer,
Auditor and other appointed officials to insure that the policies
and directions of the Borough Council are fully implemented;
l.
He/she shall, before separation from the Borough, render a written
report on all activities of the Borough from the date of his last
report to the date of his separation.
[Ord. #585, S 10; Ord. #649, S 10; Ord. #872, S 2]
The Municipal Administrator shall be the chief administrative
officer of the Borough and shall direct the administration of all
departments and offices of the Borough Government subject to the direction
and consultation with the Mayor and Council.
[New; Ord. #872, S 2]
There shall be a Department of the Borough Clerk, the head of
which shall be the Borough Clerk. The Clerk shall serve for a term
of three (3) years (N.J.S.A. 40A:9-133), beginning January 1 of the
year in which he/she is appointed; provided that any appointment to
fill a vacancy shall be for the unexpired term only, except as otherwise
provided by law. Prior to his appointment, the Clerk shall be qualified
by training or experience, or a combination thereof, for the duties
of his office, pursuant to N.J.S.A. 40A:9-133.4.
[New; Ord. #872, S 2]
Under the direction and supervision of the Municipal Administrator,
the Clerk shall:
b.
Have custody of the Borough's seal and affix it to such books, papers
and documents as may be authorized pursuant to law;
c.
Have and take custody of all official books, papers and documents
of the Borough for which no other repository is provided by the Charter
or ordinance, and preserve and keep them safely;
d.
Perform such functions as are vested in the Clerk by the licensing
provisions of State law or ordinance;
e.
Administer oaths or affirmations with respect to all Borough matters;
f.
Issue "certificate as to liability for assessment for municipal improvements"
in accordance with provisions of Laws of 1946, Chapter 269 (N.J.S.A.
54:5-18.1 et seq.). Prior to the issuance of any such certificate,
he/she shall secure from the Engineer his countersignature, which
shall indicate that to the best of his knowledge, information and
belief the certificate is correct; and
g.
Undertake such other duties as shall be prescribed by the Municipal
Administrator.
[New; Ord. #872, S 2]
The Borough Clerk shall serve as Clerk of the Council unless
the Council shall otherwise provide by resolution. The Clerk of the
Council shall:
a.
As required by Council, keep a journal of the Council proceedings
and record the minutes of every meeting, which minutes shall be authenticated
by the signature of the officer presiding at the meeting, and by the
Clerk of the Council;
b.
Preserve and record all ordinances and resolutions adopted by the
Council;
c.
After the close of each year, with the advice and assistance of the
Borough Attorney, bind, compile or codify all the ordinances and resolutions,
or true copies thereof which then remain in force and effect;
d.
Properly index the record books, compilation and codification of
ordinances and resolutions;
e.
Publicly advertise for bids in the name of the Council for all contracts for the doing of any work or the furnishing of any materials, supplies or labor, or the hiring of teams or vehicles, where the public advertisement is required by N.J.S.A. 40A:11-3 et seq., or otherwise. This general direction to the Clerk of the Council to cause public advertisement for bids to be published, shall in no way affect the requirement under Section 2-17, that the Council must, by resolution, let each contract at the receipt of bids;
f.
Provide secretarial and clerical services for the Councilmen in the
discharge of their official duties; and,
g.
Have such other duties as Council may, by resolution, prescribe or
the President of the Council may from time to time require.
[Ord. #368, SS 33-1—33-4; Ord. #872, S 2]
The Borough Clerk shall be removed from his office pursuant
to the guidelines of N.J.S.A. 40A:9-133.7.
[Ord. #872, S 2]
The Borough Clerk shall obtain tenure pursuant to the provision
of N.J.S.A. 40A:9-133.8 and N.J.S.A. 40A:9-134.
[Ord. #368, S 19-1; New; Ord. #872, S 2]
The Borough Tax Collector shall be appointed pursuant to N.J.S.A.
40A:9-141.
[Ord. #872, S 2]
The Borough Tax Collector shall serve a term of office pursuant
to N.J.S.A. 40A:9-142.
[Ord. #872, S 2]
The Borough Tax Collector shall also be the collector of arrears
of taxes pursuant to N.J.S.A. 40A:9-143.
[Ord. #872, S 2]
The Borough Tax Collector shall obtain tenure pursuant to N.J.S.A.
40A:9-144 and N.J.S.A. 40A:9-145.
[Ord. #872, S 2]
The Borough Tax Collector shall collect all monies due to the
Borough for payment of real property taxes and assessments, as required
by law, and shall perform those duties as may be assigned by the Municipal
Administrator.
[Ord. #368, S 65-1; Ord. #872, S 2]
A Municipal Court for the Borough, is established as of January
11, 1949, pursuant to the provisions of N.J.S.A. 2B:12-1 et seq.
[Ord. #368, S 65-2; Ord. #872, S 2]
The name of the Municipal Court shall be the "Municipal Court
of the Borough of Point Pleasant."
[Ord. #368, S 65-3; Ord. #872, S 2]
The Municipal Court shall have a seal which shall bear the impression
of the name of the Court.
[Ord. #368, S 65-4; Ord. #872, S 2]
There shall be a Municipal Judge of the Municipal Court, who
shall be appointed by the Mayor with the advice and consent of the
Council, and who shall serve for a term of three (3) years from the
date of his appointment and until his successor is appointed and qualified.
[Ord. #368, S 65-5; Ord. #872, S 2]
This section shall be amended or changed by the Mayor and Borough
Council.
[Ord. #368, S 65-6; Ord. #872, S 2]
The Municipal Court and the Municipal Judge thereof shall have,
possess and exercise all the functions, powers, duties and jurisdiction
conferred by the provisions of N.J.S.A. 2B:12-1 et seq., or by any
other law.
[Ord. #368, S 65-7; Ord. #872, S 2]
There shall be a Clerk of the Municipal Court who shall be appointed
by the Mayor, with the advice and consent of the Borough Council.
The salary of the Clerk of the Municipal Court shall be fixed by the
Mayor and Borough Council. The Clerk shall perform such functions
and duties as shall be prescribed for him/her by law, the rules applicable
to Municipal Courts and by the Municipal Judge.
[Ord. #368, S 65-8; Ord. #872, S 2]
The Municipal Court shall be held in the Borough Hall at such
times as shall be designated by the Borough Municipal Court.
[Ord. #95-09, S 1; Ord. #1997-19, SS 1—12; Ord. #1998-05,
S 1]
a.
Creation of Office. The office of Municipal Public Defender of the
Borough is hereby created pursuant to N.J.S.A. 2B:24-1 et seq.
b.
Appointment. The Municipal Public Defender shall be appointed by
the Mayor with the consent of the Council. No person shall hold office
as Municipal Public Defender and hold any other office or position
in the Borough.
c.
Term. The term of Municipal Public Defender shall be for one (1)
year, expiring on December 31st of each year. The term of the first
Municipal Public Defender however shall be from the date of the appointment
until December 31, 1997.
d.
Compensation. The compensation of the Municipal Public Defender shall
be established by the Borough Council pursuant to an agreement for
professional services to be entered into by the Municipal Public Defender
and the Borough.
e.
Qualification. The Municipal Public Defender shall be a duly licensed
attorney-at-law of the State of New Jersey. The Municipal Public Defender
shall be appointed by the Borough to represent indigent defendants
in proceedings over which the Borough Municipal Court has jurisdiction.
f.
Duties of the Municipal Public Defender. The Municipal Public Defender
shall represent an indigent defendant charged in Municipal Court with
a disorderly persons or petty disorderly persons offense, or with
a crime as specified in N.J.S.A. 2B:12-18 or with the violation of
any statute, ordinance or regulation of a penal nature where, in the
opinion of the Municipal Court, there is a likelihood that the person,
if convicted, will be subject to imprisonment. The Municipal Public
Defender shall represent an indigent defendant charged in Municipal
Court with a crime as specified in N.J.S.A. 2B:12-18 or, if in the
opinion of the Municipal Court there is a likelihood that the defendant,
if convicted of any other offense, will be subject to imprisonment
or other consequence of magnitude, the Municipal Public Defender shall
represent an indigent defendant.
g.
Attorney/Client Privilege. All communications between the indigent
defendant and the Municipal Public Defender or any other attorney
appointed to act as a Municipal Public Defender shall be fully protected
by the attorney/client privilege to the same extent and degree as
though counsel had been privately engaged. This shall not preclude
the use by a Municipal Public Defender of privileged material for
the preparation and disclosure of statistical, case study and other
sociological data, provided that in any such use there shall be no
disclosure of the identity of or means for discovery of the identity
of particular defendants.
h.
Vacancy in the Office. 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 Prosecutor
may prosecute the offense if the Municipal Court appoints a qualified
attorney to represent the indigent defendant. Unless rates are otherwise
established by the Borough, the attorney shall be entitled to compensation
at the same rate as the attorneys hired by the New Jersey Office of
Public Defender in conflict cases, with payment to be made within
thirty (30) days. 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.
i.
Eligibility of Indigent Defendant. Eligibility for services of the
Municipal Public Defender shall be determined by the Municipal Court
on the basis of the need of the defendant. Need shall be measured
according to Section 14 of P.L. 1967, c. 43 and guidelines promulgated
by the New Jersey Supreme Court.
In the event that a determination of eligibility cannot be made
before the time when the first services are to be rendered, or if
an initial determination is found to be erroneous, the Municipal Court
shall refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible,
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his/her own counsel and to reimburse the
Borough for the cost of the services rendered to that time.
The Municipal Court shall make an investigation of the financial
status of each defendant seeking representation pursuant to this section,
and shall have the authority to require a defendant to execute and
deliver written requests or authorizations required under applicable
law to provide the Court with access to records of public or private
sources, otherwise confidential, as may be of aid in evaluating eligibility.
The Court is authorized to obtain information from any public record
office of the State or of any subdivision or agency thereof on request
and without the fees ordinarily required by law.
Whenever a person entitled to representation by a Municipal
Public Defender pursuant to this section is under the age of eighteen
(18) years, the eligibility for services shall be determined on the
basis of the financial circumstances of the individual and the financial
circumstances of the individual's parents or legal guardians. The
Borough shall be entitled to recover the cost of legal services from
the parents or legal guardians as provided in this section, and the
Municipal Court shall have authority to require parents or legal guardians
to execute and deliver the written requests or authorization required
under applicable law in order to provide the Court with access to
records of public or private sources, otherwise confidential, as may
be of aid to it in evaluating eligibility.
If the defendant has or reasonably expects to have means to
meet some part, though not all, of the cost of the services rendered,
the defendant shall be required to reimburse the Borough, either by
a single payment or in installments in such amounts as he/she can
reasonably be expected to pay.
The Borough shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this section
as calculated at the same rate as the New Jersey Office of the Public
Defender bills clients at that time.
The Borough may attempt to effectuate such lien and to collect
monies due to the Borough all in accordance with the provisions of
N.J.S.A. 2B:24-13.
j.
Application for Representation by the Municipal Public Defender.
Any person seeking to be represented by the Municipal Public Defender,
or Court approved counsel, shall pay an application fee to the Borough
of two hundred ($200.00) dollars, unless the Municipal Court determines
that the amount necessary to the pay the cost of the Municipal Public
Defender will be less than two hundred ($200.00) dollars. In accordance
with guidelines promulgated by the New Jersey Supreme Court, the Municipal
Court may waive any 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 an applicant to pay the application fee over a specified
period of time, not to exceed four (4) months.
Funds collected pursuant to this subsection shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the Borough. 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.
k.
Removal of the Municipal Public Defender. In addition to any other
means provided by the law for the removal from office of a public
official, the Municipal Public Defender may be removed by the Borough
Council of the Borough for good cause shown and after a public hearing,
and upon due notice and an opportunity to be heard. Failure to reappoint
the Municipal Public Defender for a second or subsequent term does
not constitute a "removal from office" within the meaning of this
subsection.
l.
Representation of Private Clients. The Municipal Public Defender
may represent private clients in the Borough subject to the Rules
of Court Governing the Conduct of Lawyers, Judges and Court Personnel.
[Ord. #368, S 75-1; Ord. #872, S 2]
There is hereby established and created a Police Department
in the Borough.
[Ord. #368, S 75-2; Ord. #872, S 2]
The Mayor shall, with the advice and consent of the Borough
Council, appoint a Chief of Police.
[Ord. #368, S 75-3; Ord. #872, S 2]
The Chief of Police and officers shall receive such pay or compensation
as may heretofore have been or shall hereafter be established by the
Annual Salary Ordinance.
[Ord. #368, S 75-4; Ord. #584, S 1; Ord. #872, S 2]
The members of the Police Department shall be under the direction
and supervision of the Chief of Police who shall be subject to general
supervision by the Police Committee.
[Ord. #368, S 75-7; Ord. #872, S 2]
The uniform forces of the Department shall consist of a Chief
of Police and such captains, lieutenants, sergeants and regular and
special policemen as the Mayor and Council may designate.
[Ord. #368, S 75-9; Ord. #872, S 2]
The Chief of Police shall consist of the executive officer of
the Department. He/she shall be charged with the enforcement of all
ordinances of the Borough and the laws of the State of New Jersey,
and such rules and regulations as may be promulgated for the regulation
of the Department. He/she shall have charge of and be responsible
for all property of the Borough used by the Department.
[Ord. #368, S 75-12; Ord. #633, S 1; Ord. #872, S 2]
Special policemen shall be appointed by the Mayor and Council
for extra police work. Other special policemen may be appointed at
the request of private parties after the cause for such request is
approved by the Committee and the Chief of Police. No special police
shall be appointed for more than one calendar year.
a.
Adult School Crossing Guards.
1.
The Borough Council shall annually appoint by resolution such adult
school crossing guards as the Borough Council shall determine to be
necessary for the performance of duties as hereinafter set forth.
The determination of the Borough Council shall be based upon the advice
and recommendations of the Chief of Police of the Borough who shall
recommend to the Borough Council the appointment of such school crossing
guards as the Chief of Police shall, after proper investigation, determine
to be necessary for the performance of duties as hereinafter set forth.
3.
Terms. Any adult school crossing guard hereafter appointed shall
be appointed for a term of one year which term shall commence on August
1 of the year of his appointment and shall terminate on July 31 of
the next succeeding year.
4.
Application and Investigation.
(a)
Any person desiring to be appointed as an adult school crossing
guard shall do so by completing and filing with the Chief of Police
of the Borough an application for appointment as an adult school crossing
guard which application shall be on such forms as may be prescribed
by the Chief of Police of the Borough. Any person desiring to be appointed
as an adult school crossing guard who has completed and filed with
the Chief of Police an application as hereinafter provided with respect
to any prior year may, in lieu of filing a new application, file a
certification that the information contained in such prior application
has not changed.
(b)
Any application form prescribed by the Chief of Police of the
Borough as hereinabove set forth shall include therein:
(1)
Name, address and age of applicant;
(2)
A listing of all other municipalities in which the applicant
had previously performed duties as an adult school crossing guard;
(3)
A certification by the applicant that if appointed as an adult
school crossing guard the applicant shall faithfully perform the duties
of that office and shall remain available for duty assignment by the
Chief of Police for the entirety of the term of the applicant's appointment;
(4)
A certification that the applicant has not been convicted of
any criminal offense involving moral turpitude.
(c)
All applications for appointment as an adult school crossing
guard shall be filed with the Chief of Police not later than June
15 in any given year.
(d)
The Chief of Police of the Borough shall review each application
for appointment as an adult school crossing guard and shall cause
an investigation of such application and the information contained
therein to be undertaken. The Chief of Police shall complete such
review and investigation and provide recommendations concerning the
appointment of each applicant as an adult school crossing guard to
the Borough Council on or before July 15 in any given year or the
date of the last regular meeting of the Borough Council prior to August
1 in such given year, whichever is earlier.
5.
Status and Duties.
(a)
An adult school crossing guard shall not be a member of the
Police Department of the Borough.
(b)
Any powers conferred upon an adult school crossing guard pursuant
to his appointment in accordance with law shall cease at the expiration
of the term for which he/she was appointed.
(c)
No adult school crossing guard shall have the right to bear
firearms or the power of arrest.
(d)
Every adult school crossing guard shall be under the supervision
and direction of the Chief of Police of the Borough and shall comply
with the rules and regulations applicable to the conduct and decorum
of regular police officers of the Borough, excepting that adult school
crossing guards shall not be required to observe any ordinance regulating
the length of hair of regular police officers.
(e)
Every adult school crossing guard shall be trained for the proper
performance of his duties and responsibilities. Such training shall
consist of a minimum of two (2) hours of classroom instruction which
shall include information on methods of traffic control and the duties
and responsibilities of adult school crossing guards and a minimum
of twenty (20) hours of field training in which the trainee shall
be supervised by an experienced adult school crossing guard or a regular
police officer appointed by the Chief of Police.
(f)
Before being assigned to any post, an adult school crossing
guard shall be provided with a uniform which shall identify his function
and shall be distinct from the uniform of a member of the regular
Police Department. Such uniform shall include but not be limited to
a safety vest, hat and breast and hat badges which shall bear an identification
number and the words "Crossing Guard" and "Borough of Point Pleasant."
(g)
All adult school crossing guards specifically including any
and all adult school crossing guards appointed under any prior ordinances
which may have been in existence and effective prior to the effective
date of this subsection shall be subject to assignment by the Chief
of Police of the Borough who shall have the right to position adult
school crossing guards on such streets and highways within the Borough
and at such times as the Chief of Police shall determine to be necessary
and in the best interest of public safety. Such determination by the
Chief of Police of the Borough shall be based upon his determination
that assignment of any adult school crossing guard is necessary to
control or direct vehicular or pedestrian traffic during those time
periods of the school day when it is necessary to control traffic
or during any special event or program involving pedestrian crossings
whenever it is deemed to be in the best interest of public safety.
6.
Benefits. Adult school crossing guards appointed pursuant to this
subsection shall be entitled to compensation in accordance with the
Salary Ordinance of the Borough as supplemented and amended and shall
be entitled to such vacation and sick leave periods as may be provided
for in such Salary Ordinance as amended, provided, however, that no
adult school crossing guard hereafter appointed pursuant to the terms
of this subsection shall be subject to or entitled to any benefits
provided by any Civil Law of this State.
b.
Special Law Enforcement Officers. The Borough may employ and utilize
the services of special law enforcement officers pursuant to the authority
established in N.J.S.A. 40A:14-146.10 to N.J.S.A. 40A:14-146.18.
[Ord. #368, S 75-16; Ord. #584, S 2; Ord. #872, S 2]
The Chief of Police, in consultation with the Police Committee
or Council, shall promulgate rules and regulations for the government
of the Police Department and force and for the conduct and discipline
of its members. These rules and regulations shall be presented to
Borough Council, and if approved, shall be adopted and passed by resolution
of Borough Council. Such rules and regulations may be made, promulgated,
changed or altered in accordance with the procedure set forth herein,
and after promulgation and while remaining in force shall be as binding
and effective as though same had been incorporated as additional provisions
in this section.
[Ord. #93-19, S 1; Ord. #2001-03, S 1]
a.
Any person or entity desiring to retain the service of police officers
of the Borough of Point Pleasant for off-duty police-related activities
shall be required to enter into contract with the Borough of Point
Pleasant. Said contract shall include but not be limited to the nature
of duties to be performed, the location of said duties, the date and
hours of service, the rate of payment for services of the officers,
administrative fees to the Borough and fees for the use of Borough-owned
equipment. The Chief of Police shall require the payment of one hundred
(100%) percent of the estimated amount due the Borough for the assignment
of such off-duty officer or officers from the person or entity requesting
such assignment, in advance of providing such officer or officers.
The Chief of Police or his/her designee is hereby empowered to execute
a contract for off-duty police-related activities on behalf of the
Borough in accordance with this subsection.
b.
The Chief of Police shall be responsible for the assignment of all
off-duty police-related activities and the billing of all compensation
due the Borough. The Chief of Police shall be authorized to designate
other members of the Police Department as needed to assist him/her
in the assignment of off-duty police-related activities.
c.
All persons or entities shall pay to the Treasurer of the Borough
such hourly sum as may be fixed from time to time by resolution of
the Borough Council as compensation for such service. The Borough
shall remit to the member of the Police Department performing such
duties an hourly rate, as predetermined from time to time by resolution
of the Borough Council, with an amount to be retained by the Borough
for administrative expense, as established by resolution of the Borough
Council.
d.
If additional work time is required due to unanticipated circumstances,
and such work is approved by the Police Chief, the private entity
shall be liable for payment to the Borough for all such additional
hours worked.
e.
Any invoice from the Borough for any balance due, or a credit for
any refund, if any, shall be issued by the Borough Treasurer. Payments
due from a private entity shall be made within ten (10) days of receipt
of the invoice from the Borough.
f.
Each person or entity shall employ off-duty police officers pursuant
to this subsection shall be responsible for maintaining his/her or
its own insurance coverage. Said insurance coverage shall include
but not be limited to general liability and automobile liability and
shall name the Borough of Point Pleasant as an additional insured.
In addition, such policy shall provide for a minimum coverage of one
million ($1,000,000.00) dollars for any one (1) claim or two million
($2,000,000.00) dollars for any aggregate claims. Proof of said insurance
coverage shall be provided to the Borough of Point Pleasant prior
to the assignment of any off-duty police officers to said person or
entity. The person or entity shall provide for the aforementioned
for any and all officers, vehicles and/or equipment that is utilized
in the off-duty assignment.
g.
The Chief of Police or his/her designee shall have the authority
to order any police officer engaged in off-duty assignments with the
Borough of Point Pleasant to respond to an emergency situation within
the Borough of Point Pleasant. The Chief of Police or his/her designee
shall also have the right to order any off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or the citizens of
the Borough of Point Pleasant. In the event that a police officer
is assigned to an emergency situation, the Police Chief or his/her
designee shall make note of said emergency situation, as well as the
time said officer was removed from said off-duty assignment. In any
situation where an off-duty police officer is called to an emergency
situation, said person or entity shall not be responsible for the
payment of the officer's hourly rate, administrative fee or any other
fees to the Borough of Point Pleasant until such time as said police
officer and/or equipment returns to the assignment with the off-duty
employer.
h.
Any person or entity requesting the services of off-duty police officers
shall agree to indemnify and hold harm-less the Borough of Point Pleasant
for any and all claims and damages which may arise from the off-duty
police officer's employment by said person or entity.
[Ord. #368, S 43-1; Ord. #872, S 2]
A department, hereafter to be known as the "Point Pleasant Volunteer
Fire Department," is hereby created.
[Ord. #368, S 43-2; Ord. #872, S 2]
The purpose and function of the Point Pleasant Volunteer Fire
Department shall be for the preservation of life and protection of
property, and for the combating and prevention of fires in and about
the Borough. This section is adopted for the promotion of public safety
and general welfare.
[Ord. #368, S 43-3; Ord. #872, S 2; Ord. #2010-21, S 3]
The Point Pleasant Borough Fire Department, Inc. is the recognized
volunteer fire company by the Borough of Point Pleasant. The bylaws
and any amendments of this volunteer fire company shall be approved
by the Mayor and Council.
[Ord. #368, S 43-5; Ord. #872, S 2; Ord. #2010-21, S 4]
The members of the Point Pleasant Borough Fire Department, Inc.
shall elect operational officers as per their bylaws. These officers
shall serve as the Borough Fire Officers.
[Ord. #2010-21, S 6]
Prior ordinance history: Ord. No. 368; Ord. No. 872.
The Chief shall function as the head of the Fire Department.
He/she shall be in command of all fire emergencies, subject to the
laws of the State of New Jersey and Borough ordinances. He/she shall
institute Standard Operating Guidelines with the advice and consent
of the other Borough Fire Officers. He/she shall prepare a monthly
report and annual budget for Mayor and Council.
[Ord. #368, S 43-6; Ord. #872, S 2; Ord. #2010-21, S 7]
a.
The Chief shall be at the head of the Department, subject to the
laws of the State of New Jersey, ordinances of the Borough of Point
Pleasant and the rules and regulations herein adopted.
b.
The Chief shall be held responsible for the general condition and
efficient operation of the Department, the training of members and
the performance of all other duties imposed on him/her, and shall
be directly responsible to the Mayor and Council.
c.
The Chief shall make every effort to attend all fires and direct
the officers and members in performance of their duties.
d.
Reserved.
e.
In the event the Chief or officer in charge of any fire shall suspect
or have reason to believe that the fire is the result of arson, he/she
shall immediately, or as quickly as conditions permit, give notice
of his suspicions to the Police Department.
f.
It shall be the duty of the Chief to make a compiled monthly report
to the Mayor and Council, each month and annually.
g.
In all cases of fire, the Chief shall have full power and absolute
control and command, and cause the apparatus to be worked in the most
advantageous manner. In his absence, the Deputy Chiefs shall assume
these duties in the order in which they are elected. In the absence
of both Chief and Deputy Chiefs, the senior line officer of the Fire
Department shall assume command as defined in the bylaws.
h.
The Chief, Deputy Chiefs or officers in charge at any fire are hereby
clothed with full and complete police authority, and are hereby authorized
and directed to require and secure the removal of any and all obstructions
from, in front of and around the fire hydrants, and for the purpose
are hereby directed to call upon the head of any municipal departments
for aid and assistance in securing such removal.
[Ord. #368, S 43-7; Ord. #872, S 2; Ord. #2010-21, S 8]
a.
All requests for repairs or supplies for the Borough-owned trucks
shall be made through the Administrator by the Chief.
b.
In the case of the disablement of other than Borough-owned equipment,
the Chief shall notify the Administrator, who shall request the Mayor
and Council to take immediate action.
[Ord. #374, SS 43-10-43-13; Ord. #872, S 2]
a.
Amount of Pension. A pension, not to exceed the sum of two thousand
five hundred ($2,500.00) dollars annually, shall be paid to the widow
of any volunteer fireman who may die as the result of the injuries
sustained in the performance of duty as a member of the Volunteer
Fire Department of the Borough, so long as she shall not remarry,
or to the minor children of such fireman if he/she leaves no widow
surviving him/her, or to the minor children after the death of such
widow, and until such minor children shall attain their majority.
b.
Payment. The payment of such pension shall become effective if and
when such fireman shall die as a result of injuries sustained in the
course of performance of duty as a member of the Volunteer Fire Department
of this Borough, and upon the passage of a resolution providing for
the payment of such pension by the Borough Council.
c.
Date of Initial Payment. The initial payment of such pension shall
be made after the passage of a resolution providing for the payment
of such pension by the Borough Council and shall take effect as of
the date of death of such volunteer fireman.
d.
Manner of Payment. In the event of the occurrence of such event,
and after the passage of such resolution, the Borough Council shall
make provision in its annual budget for the payment of such pension,
and the same shall be paid in the same manner as municipal employees
are paid.
[New; Ord. #872, S 2]
There shall be a Department of Engineering, the head of which
shall be the Borough Engineer, who shall be appointed and serve pursuant
to the authorities of N.J.S.A. 40A:9-140. Subject to the supervision
of the Municipal Administrator, the Borough Engineer shall provide
professional engineering, planning, and related services to all municipal
agencies including but not limited to the Planning and Zoning Boards.
He/she may also assume responsibility for administration of the Department
of Public Works if so assigned.
[Ord. #368, S 16-1; Ord. #872, S 2]
There shall be established by virtue of N.J.S.A. 26:3-1, in
and for the Borough, a local Board of Health.
[Ord. #368, S 16-2; Ord. #394, S 16-2; Ord. #872, S 2]
The Board of Health shall be composed of seven (7) members to
be appointed by the Mayor and confirmed by a majority vote of the
members of the Council. The Mayor shall make such appointments when
a vacancy occurs or within thirty (30) days after such vacancy occurs.
If the Mayor shall fail to make such appointment within thirty (3)
days after the office becomes vacant or if the Council shall fail
to confirm a nomination made by the Mayor, then after the expiration
of the thirty (30) days the Council shall appoint the member or members.
No appointment shall be made except by a vote of the majority of the
members present, provided that at least three (3) affirmative votes
shall be required for such purpose, the Mayor to have no vote thereon
except in the case of a tie.
[Ord. #368, S 16-3; Ord. #872, S 2]
The members of the Local Board of Health shall hold office as
follows:
a.
Appointments shall be for four (4) year periods.
[Ord. #368, S 16-4; Ord. #872, S 2]
Any vacancy which shall occur in the Board of Health by death,
resignation or removal shall be filled in the same manner in which
the original appointments were made, but for the unexpired term only.
Editor's Note: Former Section 2-12 Board of Recreation Commissioners
containing portions of Ordinance Nos. 368, 872, 1999-10, 2009-06 and
2015-05 was deleted by Ordinance No. 2017-12.
[Ord. No. 2017-13]
There is hereby established a Recreation Advisory Committee
consisting of nine (9) members.
[Ord. No. 2017-13]
The Recreation Advisory Committee shall consist of nine (9)
at large members of the Committee who shall be appointed by the Mayor
with the advice and consent of the Borough Council.
[Ord. No. 2017-13]
The terms of office of the members of the Recreation Advisory
Committee shall be for a term of one (1) year commencing January 1st
of the year of the appointment and ending December 31st of the year
of the appointment. Vacancies shall be filled for an unexpired term
by the Mayor with advice and consent of the Borough Council.
[Ord. No. 2017-13]
The members of the Recreation Advisory Committee shall receive
no compensation for their service.
[Ord. No. 2017-13]
a.
The Recreation Advisory Committee shall be responsible for making
recommendations to the Governing Body for recreation programs in the
Borough of Point Pleasant.
b.
Nothing contained herein shall authorize the Recreation Advisory
Committee to enter into any contract or agreement or expend, obligate,
or otherwise encumber funds of the Borough for any purposes set forth
in this section and the powers of Recreation Advisory Committee shall
be limited to making recommendations and providing reports as needed
or appropriate to the Governing Body in accordance with this section.
[Ord. No. 2017-13]
[Ord. #2003-26, S 1]
There is hereby established an Historic Sites Committee for
the Borough of Point Pleasant.
[Ord. #2003-26, S 1]
The Historic Sites Committee shall consist of five (5) members,
appointed by the Mayor, with the advice and consent of the Borough
Council. The members of the Historic Sites Committee shall designate
one (1) of its members as Chairman of the Committee. The membership
of the Historic Sites Committee shall be broken down into two (2)
categories as follows:
[Ord. #2003-26, S 1]
a.
Class 1 members are to be appointed for one (1) year terms.
b.
Class 2 Members. Initial appointments shall be for terms of one (1),
two (2) and three (3) years respectively. New members and members
reappointed shall thereafter serve for terms of three (3) years. There
may also be alternate members in Classes 1 and 2. Such alternate members
shall not exceed one (1) in Class 1 and one (1) in Class 2. Alternate
members of Classes 1 and 2 shall be appointed for terms to expire
at the same time as the terms of the regular members of the respective
classes. In the event that a vacancy shall occur in any of the classes
of members, the Mayor, with the advice and consent of the Borough
Council, may appoint a replacement to serve the remainder of the unexpired
term.
[Ord. #2003-26, S 1]
The members of the Historic Sites Committee shall receive no
salary or compensation for their service.
[Ord. #2003-26, S 1]
The Historic Sites Committee shall:
a.
Formulate such recommendations to the Borough Council concerning
the planning and use of the historic sites and landmarks.
b.
Initiate a study of the needs of the Borough pertinent to the location,
acquisition and maintenance of historic sites and historic buildings
located therein.
c.
Cause to be conducted a study of the benefits to the Borough of a
program acquisition and report to the Borough Council as its study
progresses.
d.
Make such individual studies as may be requested by the Borough Council.
[Ord. #414, S 24-1; Ord. #872, S 2]
The Borough of Point Pleasant Environmental Commission is hereby
established pursuant to Chapter 245 of the Laws of 1968 (N.J.S.A.
40:56A-1 et seq.).
[Ord. #414, S 24-2; Ord. #872, S 2; Ord. #91-43, S 1]
a.
The Commission shall consist of seven (7) members appointed by the
Mayor, one (1) of whom shall also be a member of the Planning Board
and all of whom shall be residents of the Borough; the members shall
serve without compensation. The Mayor shall designate one (1) of the
members to serve as Chairman and presiding officer of the Commission,
annually. The terms shall be three (3) years and until the appointment
and qualification of their successors.
b.
The Mayor or Borough Council 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. 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.
The Environmental Commission shall include two (2) alternate members
who shall be designated as alternate #1 and alternate #2. The terms
of the alternate members shall be for two (2) years, except that the
term of the alternate members first appointed shall be for two (2)
years for alternate #1 and one (1) year for alternate #2 so that the
term of not more than one (1) alternate member shall expire in any
one (1) year. A vacancy occurring in the position of an alternate
member other than by expiration of the term shall be filled by the
governing body for the unexpired term only.
[Ord. #414, S 24-3; Ord. #872, S 2]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough. The Commission shall have power
to conduct research into the use and possible use of the open land
areas of the Borough 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 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 recommend to the Planning
Board plans and programs for inclusion in the Master Plan and the
development and use of such areas.
[Ord. #414, S 24-4; Ord. #872, S 2]
The Environmental Commission may, subject to the approval of
the Mayor and council of the Borough, acquire property, both real
and personal, in the name of the Borough, by gift, purchase, grants,
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 reservations) as may be necessary to acquire,
maintain, improve, protect, limit the future use of, or otherwise
conserve and properly utilize open spaces and other lands and water
areas in the Borough.
[Ord. #414, S 24-5; Ord. #872, S 2]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Borough Council.
[Ord. #414, S 24-6; Ord. #872, S 2]
The Commission may appoint such clerks and other employees as
it may require, provided the same shall be within the limits of funds
appropriate to it by the Borough Council in its (Borough Council's)
discretion.
[Ord. #498, S 23-1; Ord. #872, S 2]
There shall be created the position of Zoning and Code Enforcement
Officer in the Borough.
[Ord. #498, 23-2; Ord. #594, S 3; New; Ord. #872, S 2; Ord.
#94-28, S 1]
It shall be the responsibility of the Zoning and Code Enforcement
Officer to enforce the following enumerated ordinances as set forth
in the Code of the Borough:
a.
Chapter V, Animal Control.
b.
Chapter III, Storage of Inoperable Automobiles.
g.
Chapter XVI, Swimming Pools, Private.
h.
Chapter XIX, Land Use Regulations.
k.
Chapter IX, Signs.
l.
Chapter XIII, Protection of Shade Trees.
n.
Littering.
o.
Personal Tangible Property.
p.
Chapter X - Sewer and Water.
|
Subsection 10-2.5
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Time Allowed for Connection to Municipal Water System
|
|
Subsection 10-2.7
|
Swimming Pools
|
|
Subsection 10-4.2
|
Making Connections Without Permit Prohibited
|
|
Subsection 10-4.3
|
Disconnection of Service Pipe Prohibited
|
|
Section 10-5
|
Inspections
|
|
Subsection 10-6.1
|
Sewer Connections
|
|
Section 10-8
|
Additional Regulations
|
|
Section 10-9
|
Mechanical Standards
|
|
Section 10-10
|
Conservation of Water
|
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Section 10-12
|
Sewer Regulations
|
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Section 10-13
|
Violations and Penalties
|
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Section 10-14
|
Control Over Discharge; Pretreatment
|
[Ord. #498, S 23-2; New; Ord. #872, S 2; Ord. #92-66, S 1]
a.
Where violations of this Code or the regulations hereunder are found
to exist, a written notice by the Zoning and Code Enforcement Officer
shall be served on the person or persons responsible for the correction
thereof.
b.
Notice shall be served personally or by regular mail, addressed to
the last known address of the person to be served. In the case of
the occupancy, notice may be posted upon the main entrance door of
the building, and in the case of an owner, the last known address
shall be the address of the owner as shown in the records of the office
of the Tax Assessor.
c.
The notice shall specify the violation or violations committed, what
must be done to correct the same, a reasonable period of time, not
to exceed ten (10) days, in instances that written requests to the
Zoning and/or Code Enforcement Officer have not been made, and to
abate the violation, the right of the person served to request a hearing
and that the notice shall become an order of the Zoning and Code Enforcement
Official in ten (10) days after service unless a hearing is requested
pursuant to these provisions.
d.
Within ten (10) days of the date of service of a notice, the notice
shall constitute a final order unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten (10) day period in person or by certified mail on the Zoning and
Code Enforcement Officer. Such request for a hearing shall set forth
briefly the reasons for which the request for a hearing is made and
the factual matters contained in the notice of violation for which
the hearing is requested. The Zoning and Code Enforcement Officer,
upon receipt of the request for hearing, shall within thirty (30)
days therefrom and upon five (5) days notice to the parties so requesting,
conduct a hearing.
e.
At the hearing provided hereunder, the Zoning and Code Enforcement
Officer shall hear all parties, and his final determinations shall
be made within ten (10) days from the completion of the hearing. He/she
shall then issue an order incorporating the determination and directions
contained in the notice, modifying said notice if he/she so deems
necessary. The Zoning and Code Enforcement Officer may extend the
time for correction of the violations where he/she deems necessary.
f.
In the event the violation is not abated, removed, cured or otherwise
fully remedied within the time period prescribed in the initial notice
or extended time period as permitted by the Zoning and Code Enforcement
Officer, a summons shall then be issued against such person or persons
charged with the violation.
g.
The Zoning
and Code Enforcement Officer shall not be required to issue multiple
notices for the same ordinance violation for the same property within
a twelve (12) month period. The Zoning and Code Enforcement Officer
shall only be required to issue one notice of violation within a twelve
(12) month period for the same property. Thereafter, at the time of
the second violation, the Zoning and Code Enforcement Officer shall
issue a summons, not a violation notice. Any additional violations
for the same offense during the same twelve (12) month period shall
refer back to the first notice of violation and shall result in multiple
summonses being issued by the Zoning and Code Enforcement Officer.
[Added 11-23-2020 by Ord. No. 2020-09]
[New; Ord. #872, S 2]
There shall be a Department of Public Works, the head of which
shall be the Public Works Superintendent. Subject to the supervision
of the Municipal Administrator, the Superintendent shall:
a.
Exercise supervision over the maintenance and care of all streets,
grounds, buildings, and water and sewer systems owned by or under
the jurisdiction of the Borough.
b.
Supervise the collection and disposal of solid waste.
c.
Supervise the maintenance and care of the motor pool, equipment,
and supplies used or to be used in carrying out the above enumerated
duties.
d.
Perform other related duties as may be assigned, by the Borough Administrator.
[Ord. #368, S 91-2; Ord. #872, S 2]
The Superintendent of Public Works shall be subject to call
for any and all duties twenty-four (24) hours per day.
[Ord. #683, S 1; Ord. #872, S 2]
The purpose of this Section is to prescribe the manner in which
the Municipal Administrator shall implement procedures and supervise
the purchase of all materials, supplies, equipment, work and contractual
services of the Borough.
[Ord. #683, S 2; Ord. #872, S 2]
a.
The Municipal Administrator shall have the power and it shall be
his duty to purchase or contract for the purchase of all supplies,
materials, equipment, various types of work and contractual services
needed by any Municipal Department, Board or Commission (using agency)
in accordance with State Law, the directives of the Mayor and Council,
and such regulations prescribed for the internal management and operation
of the purchasing system.
b.
Except as herein provided, it shall be unlawful for any officer or
employee to order or purchase any supplies or make any contract except
through the Municipal Administrator. Any contract except through the
Municipal Administrator. Any contracts or purchases made contrary
to the established procedures shall not be approved and the Borough
will not be bound thereby.
c.
In addition to the authority and duties conferred above, the Municipal
Administrator shall:
1.
Act to procure the highest quality in supplies and contractual services
at least cost to the community.
2.
Establish and enforce rules and regulations setting forth procedures
and forms to be used in the purchase of all supplies and contractual
services for using agency.
3.
Maintain a vendor's catalogue file according to materials, containing
descriptions of vendor's commodities.
4.
Discourage collusive bidding and endeavor to obtain as full and open
competition as possible in all purchases.
5.
Procure all allowable exemptions, discounts and price reductions.
6.
With the cooperation and assistance of the using agencies, supervise
the preparation of standardized specifications for supplies, materials
and services to be purchased or placed under contract agreement.
7.
Sell or otherwise dispose of all obsolete or unusable personal property
of the Borough in accordance with the laws of the State of New Jersey
and Borough regulations.
[Ord. #683, S 3; Ord. #872, S 2]
Any purchase order or contract in which any Borough Officer
or employee is financially interested, directly or indirectly, shall
be void.
The Municipal Administrator and every officer and employee of
the Borough and its agencies are expressly prohibited from soliciting
or accepting, directly or indirectly, from any person to which any
purchase order or contract is or might be awarded, any rebate, gift,
money or anything of value whatsoever, except where given for the
use and benefit of the Borough.
[Ord. #683, S 4; Ord. #872, S 2]
All purchases of contracts for supplies, materials and contractual
services and all sales of obsolete or unusable municipal personal
property shall be made pursuant to the "Local Lands and Building Law".
[Ord. #683, S 5; Ord. #872, S 2]
The Municipal Administrator, assisted by the using agencies,
shall supervise the preparation of written specifications for the
purchase of all goods and services. All specifications shall be drafted
in a manner to encourage free and open competitive bidding.
[Ord. #683, § 6; Ord. #747 S 1; Ord. #872 S 2;
Ord. #91-23 S 1; Ord. #2015-14]
a.
Purchases; over $17,500.00. All supplies and contractual services
estimated to cost in excess of $17,500.00 shall be purchased by formal
written contract from the lowest responsible bidder in accordance
with the New Jersey Statutes. The aforementioned amount will be increased
to $36,000.00 if the Borough employs a Qualified Purchasing Agent
("QPA") to assist in the bidding process.
b.
Purchases. The Borough shall obtain informal quotations for any proposed
purchase of supplies or contractual services in excess of $2,525.00.
c.
Annual Increase. In the event that the aforementioned bidding threshold
is increased by the State of New Jersey, Department of Community Affairs,
the Borough, without need of formal adoption of another Ordinance,
hereby will require that the minimum bid threshold be utilized by
the Borough in purchasing supplies and contractual services. In addition,
the amount for which a quotation will be needed will be fifteen (15%)
percent of the bidding threshold amount as it is so increased by the
State of New Jersey, Department of Community Affairs.
d.
Purchase Orders for Supplies or Services Under State Contract. The
Borough is permitted to purchase supplies and contractual services
under State contract, costing less than $17,500.00 by issuance of
a purchase order, without Council Resolution. Any amount over $17,500.00
under State contract will require adoption of a Resolution by Council.
e.
Exceptions. The aforementioned threshold amounts do not apply to
professional service contracts as defined at N.J.S.A. 40A:11-5. Rather,
the Borough will comply with the fair and open process when appointing
professionals as defined in the aforementioned Statute.
f.
Pay-to-Play Certification. Other than bids for less than $17,500.00
for State contract purchases, all purchases above $17,500.00 will
require a Pay-to-Play Certification. This will apply to cumulative
purchases from one (1) vendor over a one (1) year period which exceeds
$17,500.00.
g.
Repeal of Conflicting Provisions. All other ordinances or provisions
of the Code of the Borough of Point Pleasant, or parts thereof, which
are inconsistent with any provisions of Ordinance No. 2015-14 are
hereby repealed to the extent of such conflict or inconsistency.
[Ord. #683, S 7; Ord. #747, S 2; Ord. #872, S 2; Ord. #91-23,
S 2; Ord. #2015-14]
The Municipal Administrator or Council designee shall review
the proposals, assisted as necessary by the using agency, and recommend
appropriate action to the governing body for all contracts. Only the
municipal governing body shall have the authority to award a contract,
reject all bids or declare a bidder irresponsible and specify a penalty.
[Ord. #683, S 8; Ord. #872, S 2; Ord. #91-23, S 3; Ord. #2015-14]
All purchases of supplies and contractual services shall be
made in the open market in accordance with N.J.S.A. 40A:11-6.1 without
newspaper advertisement or use of formal, sealed bids. The Municipal
Administrator or designee shall prescribe the procedures to be followed
in making such purchases.
[Ord. #683, S 9; Ord. #872, S 2]
Every department or using agency head shall file detailed requisitions
and estimates of their requirements for supplies and contractual services
in the time and manner prescribed by the Municipal Administrator.
The Municipal Administrator shall examine such requisitions
and have the authority to revise them as to quantity, quality or price
after consultation with the head of the requesting using agency.
[Ord. #683, S 10; Ord. #872, S 2]
No purchase may be authorized or obligations incurred unless
it first bears the signature of the Chief Financial Officer certifying
that sufficient appropriated funds are available and have been reserved
to pay in full the value of the purchase. Such certification shall
be in the form and manner prescribed by the Municipal Administrator.
[Ord. #683, S 11; Ord. #872, S 2]
The Municipal Administrator, or by his delegation the head of
the using agency, shall inspect or supervise the inspection of all
deliveries of supplies or contractual services to assure their conformance
with the specifications set forth in the order or contract.
[Ord. #683, S 12; Ord. #872, S 2]
Claims for payment shall be paid by the Chief Financial Officer.
However, no claim for payment shall be paid unless the Municipal Administrator
or by his delegation the head of the using agency shall certify in
writing that corresponding goods or services have been satisfactorily
received.
[Ord. #683, S 13; Ord #872, S 2]
Emergency purchases are restricted to situations requiring the
immediate purchase of materials or supplies to meet an actual or imminent
threat or danger to the public health, safety or welfare. Such purchases
must be in accordance with the procedures established by the Municipal
Administrator and State statute.
[Ord. #683, S 14; Ord. #872, S 2]
At least once per month, the Mayor and Council shall receive
a budget status report for each municipal agency, a listing of all
claims paid during the previous month, and a listing of payments made
to each vendor during the current fiscal year.
[Ord. #683, S 15; Ord. #872, S 2]
All using agencies shall submit to the Municipal Administrator,
in such form and manner as he/she may require, reports showing stocks
of all supplies which are not longer needed or which have become obsolete,
worn out or useless.
The Municipal Administrator shall submit to all agencies and
departments, prior to the sale of surplus materials, a list of items
no longer required to determine if they can use any of the equipment,
parts and supplies listed.
a.
The Municipal Administrator shall have the authority to transfer
surplus stocks to other using agencies.
b.
The Municipal Administrator shall recommend to the Mayor and Council
the sale of all supplies which have become unsuited for public use
or to exchange the same for, or trade in the same, for new supplies,
and the Mayor and Council shall act on such recommendations.
1.
Sales under this subsection shall be made to the highest responsible
bidder. A record of each sale shall be made and placed on file.
[Ord. #683, S 16; Ord. #872, S 2]
The Municipal Administrator is authorized to participate in
cooperative purchasing arrangements with the State of New Jersey and
shall investigate participation in joint or cooperative purchasing
plans with other units of government. Such plans shall be in accordance
with agreements approved by the Borough Council and the Division of
Local Government Services, N.J. Department of Community Affairs.
Editor's Note: See subsection 2-19.6 for the ordinance authorizing a cooperative purchasing agreement.
[Ord. #683, S 17; Ord. #872, S 2]
The Municipal Administrator shall designate the municipal employee
to act in his capacity as purchasing agent on a temporary basis in
the event of the Municipal Administrator's illness, incapacity or
prolonged absence from the municipality. Such temporary appointment
shall not exceed thirty (30) days without the authorization of the
Mayor and Council.
[Ord. #530, S 24B-6; Ord. #734, S 1; Ord. #872, S 2]
a.
No later than December 1 of each year, the Municipal Administrator
shall present the Borough Council with a detailed budgetary proposal
for the upcoming year. The document shall contain operating and capital
budgetary requests, recommendations from the Administrator on those
requests, and a proposal for a six (6) year capital improvement program.
This document shall separately identify all proposed expenditures
in excess of five hundred ($500.00) dollars.
b.
The Municipal Administrator shall report in his six (6) month report
of operations on the status of capital improvement program appropriates
as well as exceptional budget items previously identified as representative
of changes in policies and/or service. At least once per year, the
Municipal Administrator shall report on unexpended balances authorized
by bond ordinances and shall make recommendations to the Council on
the dispositions of such balances.
c.
Except in emergency situations, no capital improvement expenditure
shall be made unless it has been identified in the detailed capital
improvement program adopted by the Council or unless it was included
in a Council approved amendment to the program.
d.
The Municipal Administrator shall include explanatory data, when
required by the Mayor and Council, along with all resolutions presented
to the Borough Council which provides for budgetary transfers among
line items in excess of one thousand ($1,000.00) dollars.
[Ord. #2011-22]
a.
Any professional business entity which enters into a contract or
agreement with the Borough of Point Pleasant or any department, board,
commission or agency thereof for the rendition of professional services
shall provide an itemized and detailed monthly statement of services
provided along with a voucher for payment. Monthly statements shall
be provided by the 15th day of each month in order to be processed
by the Borough of Point Pleasant for payment.
b.
No resolution awarding a contract or agreement for services in excess
of the bid threshold of the New Jersey Local Public Contracts Law,
N.J.S.A. 40A:11-5, shall be adopted by the Mayor and Council, and
no contract or agreement shall be entered into with a professional
business entity by the Borough of Point Pleasant or any department,
board, commission or agency thereof without establishing a maximum
annual contract award amount. No professional business entity shall
receive payment from the Borough of Point Pleasant for services rendered
in excess of the maximum annual contract amount without adoption of
a resolution of the Council of the Borough of Point Pleasant amending
the maximum annual contract amount.
[Ord. #639, S 1; Ord. #872, S 2]
No insurer issuing fire insurance policies in the State of New Jersey shall pay any claim in excess of two thousand five hundred ($2,500.00) dollars for fire damages on any real property located within the Borough unless the named insured on any fire insurance police insuring such real property shall have submitted to the insurer an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments and other municipal liens or charges levied and assessed and due and payable against such real property have been paid or unless the insurer shall have received from the Clerk of the Borough a certified copy of a Resolution adopted pursuant to subsection 2-18.4 of this Section.
[Ord. #639, S 2; Ord. #872, S 2]
In the event that any taxes, assessments or other municipal liens or charges due and payable upon such real property shall appear on such official certificate of search to remain unpaid, no insurer issuing fire insurance policies in the State of New Jersey shall pay any claim in excess of two thousand five hundred ($2,500.00) dollars for fire damages on any such real property located within the Borough until such time as all such taxes, assessments and all other municipal liens or charges due and payable as appearing on such official certificate of search shall have been paid either by the owner of such real property or by the insured pursuant to subsection 2-18.3, or until the insured shall have received from the Clerk of the Borough a certified copy of a Resolution adopted pursuant to subsection 2-18.4.
[Ord. #639, S 3; Ord. #872, S 2]
Unless a resolution is received in accordance with subsection 2-18.4 by an insurer writing fire insurance policies upon any real property located within the Borough, such insurer shall be and is hereby required, prior to the payment of any claims in excess of two thousand five hundred ($2,500.00) dollars for fire damages upon such real property, to pay to the Borough the amount of all liens appearing on an official certificate of search together with such other recorded liens or related charges as may be certified to the insurer; provided, however, that if an appeal is or has been taken and remains pending on the amount of any lien or charge, other than an appeal on the assessed valuation of such real property pursuant to N.J.S.A. 54:3-21, the insurer shall issue a draft payable to the Court of record pursuant to N.J.S.A. 17:36-10, in an amount totaling seventy-five (75%) percent of the full amount of the lien or charge being contested but not to exceed the proceeds payable under its insurance policy, and the insurer shall issue a draft payable to the Borough of Point Pleasant for the remaining twenty-five (25%) percent of any such lien or charge being contested, with the full amount paid by the insured to the court and the Borough not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such monies and all interest accruing thereon shall be disbursed in accordance with the final Order or Judgment of the Court, pursuant to N.J.S.A. 17:36-10.
[Ord. #639, S 4; Ord. #872, S 2]
The Borough Council is hereby authorized to enter into a written
agreement with the owner of any fire damaged property located within
the Borough to pay in full all delinquent taxes, assessments or other
municipal liens by installments, pursuant to N.J.S.A. 54:5-19 or for
the redemption of any tax sale lien by installment payments pursuant
to N.J.S.A. 54:5-65 et seq., provided, however, that the Borough Council
shall have been satisfied that any claim for fire damages which is
subject to the terms and conditions of this Section shall, if aid
to the owner of any fire damaged property prior to the payment in
full of all delinquent taxes, assessments or other municipal liens,
be used to restore or improve such fire damaged property. Any insurer
receiving a certified copy of a resolution of agreement from the Clerk
of the Borough is hereby authorized to make full payment on a claim
to the named insured who is the owner of the fire damaged property
and who has entered into a written agreement with the Borough of Point
Pleasant as hereinabove provided.
[Ord. #639, S 5; Ord. #872, S 2]
The official certificate of search required by the terms and
conditions of this Section shall be prepared by the Tax Collector
of the Borough or such other bonded officials as may be designated
to prepare such certificates, provided that the Tax Collector of the
Borough or such other official has received a written request for
the same from the owner of any fire damaged property or other individual
having an insurable interest in the same, and, further provided that
such written request shall specify that the search for municipal liens
concerns fire damaged property. Any such written request shall include
but shall not be limited to the following information:
a.
Name and address of the person making the request for a search for
municipal liens.
b.
Name and address of the owner of record of the fire damaged property
if different from the person making the request for a search for municipal
liens.
c.
The location of the fire damaged property by lot and block number
as shown on the official tax map of the Borough.
d.
The name, address and policy number of any insured and fire insurance
policy subject to the provisions of this Section.
e.
Information relating to any pending appeal including the Docket Number
and Court of Record of the same. The official certificate of search
required by the terms and conditions of this Section may, from time
to time, be altered by the Tax Collector of the Borough or such other
official as may be designated to prepare such certificate, in order
to correct any errors or omissions or to add any municipal liens or
related charges due and payable subsequent to the preparation of such
official certificate of search.
[Ord. #639, S 6; Ord. #872, S 2]
The Clerk of the Borough shall file a certified copy of this
Section with the State Commissioner of Insurance.
[Ord. #707, S 1; Ord. #782; Ord. #872, S 2; Ord. #876; Ord.
#91-22; Ord. #92-61]
a.
Preamble. Certain Federal Funds are potentially available to a County
under Title I of the Housing and Community Development Act of 1974,
as amended commonly known as Community Development Block Grant Program;
and it is necessary to establish a legal basis for the County and
its people to benefit from this program. An agreement has been proposed
under which the Borough of Point Pleasant and the County of Ocean
in cooperation with other municipalities will establish an Interlocal
Services Program pursuant to N.J.S.A. 40A:65-1 et seq., and it is
in the best interest of the Borough of Point Pleasant to enter into
such agreement.
b.
Agreement Executed. The attached agreement[1] is hereby approved and the appropriate municipal officials
are hereby authorized and directed to execute same in accordance with
the provisions of law.
[1]
Editor's Note: A copy of the agreement as referred to herein
can be found on file in the office of the Borough Clerk. Interlocal
Service Agreements which have been superseded include Ordinance Nos.
579, 652, 666, 749, 765, 845, 848, 858 and 872.
Interlocal Service Agreements adopted but not codified include
Ordinance Nos. 90-1 and 90-2.
[Ord. #582, S 1-4; Ord. #872, S 2]
a.
Preamble. N.J.S.A. 26:3A2-1 et seq. requires that certain health
services known as Core Activities must be provided by each municipality
by April 1, 1978; and the Borough and the Point Pleasant Board of
Health are not equipped to provide the services. The County of Ocean
through the Ocean County Health Department is equipped and prepared
to provide the aforesaid Core Activities to the residents of the Borough
of Point Pleasant, N.J.S.A. 40:8A-1 et seq. known as the "Interlocal
Services Act" authorized Counties and Municipalities to enter into
contracts for the joint provisions of health services.
b.
Contract Executed. The appropriate officials of the Borough of Point
Pleasant are hereby directed to enter into and execute a contract
with the County of Ocean for the furnishing of Core Activities in
accordance with N.J.S.A. 26:3A2-1 et seq. and certain Elective Activities
set forth in Title 8 of the New Jersey Administrative Code specifying
required public health activities and minimum standards of performance
for local Boards of Health in New Jersey.
c.
Health Officer Designated. The Public Health Coordinator of the County
of Ocean is hereby designated as the Health Officer of the Borough
of Point Pleasant, who shall be its general agent for the enforcement
of its ordinances and the sanitary laws of the State of New Jersey
with respect to the direction, enforcement and supervision of all
public health activities provided to the Borough of Point Pleasant
by the County of Ocean.
d.
Ocean County Health Department Designated as Agent. The Ocean County
Health Department is hereby designated as the agent of the Point Pleasant
Board of Health to carry out a program of public health services in
conformance with the Local Health Services Act and those services
provided for in N.J.S.A. 44:10-1 et seq.
e.
A copy of this subsection together with an executed copy of the contract
shall be forwarded to the Ocean County Health Department.
[Ord. #698, S 1; Ord. #872, S 2]
a.
Preamble. N.J.S.A. 40A:65-1 et seq., authorizes the execution of
joint services agreements between municipalities; and sewerage service
for a twenty-four (24) lot subdivision in the Borough of Bay Head
can be more economically provided by the Borough of Point Pleasant
than by the Borough of Bay Head.
b.
Agreement Executed. The appropriate officials of the Borough of Point
Pleasant are hereby authorized to execute a Sewer Service Agreement
with the Borough of Bay Head, which agreement established the rights
and obligations of both municipalities in regard to the provision
of Sewerage Service to the subdivision and the collection of appropriate
fees from the owners of properties within the subdivision. Copies
of the agreement are available for inspection in the office of the
Borough Clerk.
[Ord. #91-25, SS 1, 2]
Editor's Note: An amendment to the All Code Agreement providing
for a revision of the Fee Schedule was adopted by Ordinance Nos. 92-53,
93-21 and 97-17. See Chapter VIII of this Code for Construction Code
Fees.
a.
Preamble. The Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq., the implementing regulations of the Department of Community
Affairs, has established a system for all types of construction code
inspections. N.J.S.A. 40A:65-1 et seq., authorizes local units as
defined in said Act to enter into joint agreements for the provision
of governmental services.
The Borough has previously, pursuant to Ordinance No. 858 adopted
on March 7, 1989, entered into an All Code Agreement with the County
of Ocean for the provision of electrical and plumbing services required
under the Act and the regulations promulgated thereunder, and now
wishes to amend the aforementioned All Code Agreement previously entered
into by the Borough and the County to include fire protection inspection
services in addition to plumbing and electrical inspection services,
and to designate the County as its agent for the provision of said
services.
b.
Agreement Executed. The Mayor and Borough Clerk are hereby authorized
and directed to enter into and execute the amendment to the All Code
Agreement with the County of Ocean, designating the County of Ocean
as the agent of the municipality for the provision of fire protection
inspection services required in the provisions of the Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., and the regulations promulgated
thereunder.
c.
Public Record. A copy of said contract is on file and available for
public inspection at the Borough Clerk's Office which is located at
2233 Bridge Avenue, Point Pleasant, New Jersey, any weekday between
the hours of 9:00 a.m. and 4:00 p.m.
[Ord. #763, Preamble, S 1; Reso. 12/17/85; Ord. #872, S 2]
a.
Preamble. N.J.S.A. 40A:65-1 et seq. authorizes the execution of joint
services agreements between municipalities; and water and sewerage
service for a twenty-nine (29) residential lot and a single commercial
lot subdivision in the Borough of Point Pleasant Beach can be more
economically provided by the Borough of Point Pleasant than by the
Borough of Point Pleasant Beach.
b.
Agreement Executed. The appropriate officials of the Borough of Point
Pleasant are hereby authorized to execute a Water and Sewer Service
Agreement with the Borough of Point Pleasant Beach, which agreement
establishes the rights and obligations of both municipalities in regard
to the provision of water and sewerage service to the subdivision
and the collection of appropriate fees from the owners of properties
within the subdivision. Copies of the agreement are available for
inspection in the office of the Borough Clerk.
[Ord. #90-4]
a.
Preamble. Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the
Governing Body is hereby authorized to enter into a Cooperative Purchasing
Agreement with the Lead Agency or any other contracting unit within
the County of Ocean or adjoining counties for the purchase of work,
materials and supplies.
b.
Responsibility of Lead Agency. The Lead Agency entering into contracts
on behalf of the Borough of Point Pleasant, shall be responsible for
complying with the provisions of the Local Public Contracts Law (N.J.S.A.
40:11-1 et seq.) and all other provisions of the Revised Statutes
of the State of New Jersey.
[Ord. #92-45, S 1]
a.
Preamble. N.J.S.A. 40A:65-1 et seq. authorizes the execution of joint
service agreements between municipalities. The Borough of Point Pleasant
has been requested, from time to time, by neighboring municipalities
to loan to those neighboring municipalities various pieces of equipment
owned and operated by the Borough and primarily utilized by the Department
of Public Works. The Borough hereby establishes for mutual exchange
and payment purposes a rate schedule for the following items of equipment.
It is the intent to establish a minimum and maximum range for the
value of the equipment and that the annual rate schedule shall be
adopted by the Borough Council, which rate schedule shall continue
until amended by the Borough Council from time to time as the needs
and market conditions dictate.
1.
(a)
Jet Vac: $50.00 per hour minimum; $100.00 per hour maximum
Salary for operator $20.00 per hour minimum; $40.00 per hour
maximum
(b)
Air compressor: $75.00 per day minimum; $125.00 per day maximum
(c)
Cut-off saw: $45.00 per day minimum; $70.00 per day maximum
(d)
Road grader: $50.00 per hour minimum; $100.00 per hour maximum
Salary for operator: $20.00 per hour minimum; $40.00 per hour
maximum
b.
Operator Required. In the event that a neighboring municipality which
is to utilize the jet vac and/or road grader owned by the Borough,
the Borough will consider loaning that equipment to the neighboring
municipality only upon condition that the Borough supplies the operator
for the particular piece of equipment, at the salary schedule hereby
established.
c.
Liability Insurance. The borrowing municipality shall provide its
own liability insurance. Under no circumstances or conditions shall
the Borough be held responsible or liable for any damage or injury
to any employee, other person, or personal/private property as a result
of the borrowing municipality utilizing the aforementioned equipment.
The borrowing municipality shall be responsible for any and all repairs
necessary as a result of its use of said equipment.
[Ord. #93-9, Preamble, SS 1, 2]
a.
Preamble. The State of New Jersey has mandated under N.J.S.A. 52:17C-1
et seq. that the counties and municipalities implement a 911 Emergency
Telecommunications Service Program; and
The County of Ocean has offered to all municipalities an opportunity
to participate in the Ocean County Enhanced 911 Emergency Telecommunications
Services Program.
N.J.S.A. 40A:65-1 et seq. authorizes local units as defined
in said Act to enter into joint agreements for the provision of governmental
services; and
The Borough of Point Pleasant wishes to enter into an agreement
with the County of Ocean for the provision of 911 Emergency Telecommunications
Service.
b.
Agreement Executed. The Mayor and Clerk of the Borough of Point Pleasant
are hereby authorized and directed to enter into and execute an Interlocal
Services Agreement with the County of Ocean for the provision of 911
Emergency Telecommunications Services as more specifically set forth
therein.
c.
Copy on File. A copy of that agreement is on file and available for
public inspection at the Borough Clerk's Office.
[Ord. #2018-10]
Editor's Note: See also Section 2-28, Access to Public Records.
a.
Tax Collector's Office fees.
[Amended 8-21-2018 by Ord. No. 2018-14]
1.
Fee for duplicate tax bill shall be $2 per copy.
2.
Preparation of tax search shall be $10 per line item.
3.
Fee for redemption. The Tax Collector shall provide any party entitled
to redeem a tax sale certificate two redemption calculations for any
one property within a calendar year at no cost. The fee thereafter
shall be $50 for each subsequent calculation requested by Tax Collector.
For fee redemption calculations that have been requested by a lienholder
on a certificate owned by the lienholder, there will be a $50 fee.
This fee may not be passed on to the certificate and the lienholder
must specify the date to be used for calculation.
4.
Fee permitted for online tax sale notice shall be $25 per mailing
added to the cost of the sale (maximum to two in-lieu mailings).
5.
Return check fee. In the event that a check is returned to the Borough
marked as unpaid, for whatever reason, there shall be an additional
$20 fee levied upon the person who submitted the check.
b.
Vital Records Fees.
1.
Fees to be collected by the Registrar of Vital Statistics shall include
but not be limited to the following:
|
Birth Certificates
|
$20.00
|
|
Marriage Certificates
|
$20.00
|
|
Domestic Partnership Certificates
|
$20.00
|
|
Civil Union Certificates
|
$20.00
|
|
Death Certificates
|
$20.00
|
|
Marriage and Re-Marriage License
|
$28.00
|
|
Civil Union and Civil Union Re-Affirmation License
|
$28.00
|
|
Correction forms
|
$10.00
|
|
Potable water supply certificates
|
$25.00
|
|
Sewage system certificates
|
$25.00
|
|
In addition, a $5.00 charge for each additional copy of a record
purchased at the same time, will be imposed.
|
d.
Recreation Program.
1.
The Borough hereby establishes the following rate schedule for all
recreation programs currently offered or under consideration for implementation.
It is the intent to establish a minimum and maximum range for each
program and that an annual rate schedule shall be adopted by the Borough
Council annually, which rate schedule shall continue until amended
by the Borough Council from time to time as recommended by the Superintendent
of the Recreation Department.
(a)
Fees:
|
Program
|
Minimum
|
Maximum
|
|---|---|---|
|
Art Classes
|
$35.00
|
$200.00
|
|
Basketball
|
40.00
|
100.00
|
|
Bowling
|
100.00
|
150.00
|
|
Dance Lessons
|
50.00
|
100.00
|
|
Drama and Music Programs
|
50.00
|
300.00
|
|
Education Seminars
|
15.00
|
100.00
|
|
First Aid Classes
|
25.00
|
100.00
|
|
Fitness
|
50.00
|
200.00
|
|
Half Day Camp
|
225.00
|
300.00
|
|
Ice Skating
|
100.00
|
150.00
|
|
Kinder Camp
|
225.00
|
300.00
|
|
Martial Arts
|
75.00
|
200.00
|
|
Microsoccer
|
45.00
|
100.00
|
|
One Day Programs
|
10.00
|
200.00
|
|
Parenting Classes
|
$ 25.00
|
$ 150.00
|
|
Preschool (September- June)
|
810.00
|
3,000.00
|
|
Preschool Gym Programs
|
35.00
|
100.00
|
|
Safe Boating
|
80.00
|
100.00
|
|
Science Classes
|
50.00
|
175.00
|
|
Senior Citizen Programs
|
2.00
|
75.00
|
|
Skateboarding
|
60.00
|
100.00
|
|
Sports Camps
|
50.00
|
200.00
|
|
Summer Camp
|
550.00
|
650.00
|
|
Swim Lessons
|
75.00
|
250.00
|
|
Tennis Lessons
|
45.00
|
100.00
|
|
Trips
|
15.00
|
200.00
|
|
Wrestling
|
50.00
|
100.00
|
|
Beach Fees
| ||
|
Season Beach Badges
| ||
|
Children 5-12
|
20.00
|
40.00
|
|
Over 12 years old
|
20.00
|
40.00
|
|
65 years old and Older
|
10.00
|
10.00
|
|
Daily Beach Badges
| ||
|
Children 5-12
|
3.00
|
6.00
|
|
Over 12 years old
|
3.00
|
6.00
|
|
65 years old and Older
|
1.00
|
1.00
|
|
Children 4 years of age and younger shall not require a beach
badge.
| ||
(b)
Active Military and Veteran Exemption for Beach Fees. Any active
military personal or veteran which provides a valid military identification
or veteran identification card shall be exempt from beach badge fees.
2.
Permit Requirement for River Front Park and Community Park. The Borough
hereby establishes a permitting requirement for the use of River Front
Park or Community Park for 25 people or more for any event. Any event
of 50 people or more will require an employee of the Department of
Public Works. Said employee of the Department of Public Works shall
be paid fifty ($50.00) dollars per hour by check prior to the event
in addition to the permit fee. The permit fee requirements are as
follows:
e.
Web Site Lease Fee. The Borough hereby establishes an annual rental
fee for utilization of portions of its Web Site:
1.
Fees.
|
(a)
|
Alphabetical Listing:
Includes company name, address and telephone number
|
-0- year
|
|
(b)
|
Extend Business Listing:
Listing under business category (i.e. restaurants, hair salons,
etc.) Includes: 1 graphic, address, telephone number, description
of business and/or product/services/specialties, e-mail address and
hypertext to web site if one exists.
|
65 per year
|
|
(c)
|
Revolving Home Page Banner: Prime location. First advertising
on Point Site revolves to showcase multiple banners. Includes graphic/logo
which must be submitted in camera ready format or scannable art.
|
225 per year
|
|
(d)
|
Animated Banner: Placed through Point Site on a first come first
serve basis.
|
175 per year
|
|
(e)
|
Static Banner: Placed throughout Point Site on a first come
first serve basis.
|
150 per year
|
2.
The annual rental fee is due and payable to the Borough On January
1 of each year. For 1998 the annual rental fee shall be apportioned
based upon the date of application to December 31, 1998, on a pro
rata basis.
3.
Applications for leasing a portion of the Borough's Web Site are
on file with the office of the Borough Clerk, and can be obtained
during normal business hours. All fees are due and payable to the
Borough of Point Pleasant at the address of the Borough Clerk located
at 2233 Bridge Avenue, Point Pleasant, New Jersey 08742.
4.
The availability and opportunity to lease a portion of the Borough's
Web Site is limited solely to businesses located in the Borough of
Point Pleasant Borough.
5.
The information to be provided on the Borough's Web Site by businesses
located in the Borough of Point Pleasant Borough shall be designed
by the Borough of Point Pleasant. The information for the design shall
be submitted to the Administration and Finance Subcommittee of the
Borough Council and approved by the Administration and Finance Committee
as to form and substance.
[Ord. #688, S 4; Ord. #872, S 2; Ord. #92-67, S 1; Ord. #93-2,
S 1; Ord. #93-27, S 1; Ord. #94-10, S 1; Ord. #95-2, S 1; Ord. #95-07,
S 1; Ord. #95-23, S 1; Ord. #1996-18, S 1; Ord. #97-01, S 1; Ord.
#1998-20, S 4; Ord. #16-2005, SS 2, 3; Ord. #2015-06; Ord. #2018-10]
[Ord. #872, S 2]
The office of Municipal Attorney of the Borough is hereby created
pursuant to N.J.S.A. 40A:9-139.
[Ord. #872, S 2]
The Municipal Attorney shall be appointed by the Mayor with
the consent of the Council.
[Ord. #872, S 2]
The term of the Municipal Attorney shall be for one year.
[Ord. #872, S 2]
The compensation to the Municipal Attorney shall be that as
provided for in a contract of employment.
[Ord. #872, S 2]
The Municipal Attorney shall be an Attorney at Law Licensed
to practice in the State of New Jersey and who is in good standing.
[Ord. #872, S 2]
The powers and duties of the Municipal Attorney shall be to:
a.
Provide legal advice and assistance to the Mayor and Council, Administrator,
department heads, officer and boards of the Borough, except where
prohibited by law or otherwise directed by the Mayor and Council.
b.
Represent the Borough in all litigation to which it is party, including
tax appeals.
c.
Draft ordinances and resolutions and advise as to their form and
sufficiency prior to passage or approval.
d.
Review and approval all contracts, deeds, documents and instruments
prior to execution.
e.
Conduct appeal from orders, decisions or judgments affecting any
interest in the municipality as directed by the Mayor and Council.
f.
Maintain a record of all actions, suits, proceedings and matters
which relate to the Borough's interest and report thereon from time
to time the Municipal Administrator or Mayor and Council may require.
g.
Render opinions, in writing, upon questions of law upon the request
of the Mayor and Council or the Municipal Administrator and maintain
an index record of all the opinions rendered.
h.
Attend all meetings of the Mayor and Council and also of other Borough
boards, commissions, department or agencies, as directed by the Mayor
and Council.
i.
Supervise and direct the work of any special attorney or counsel
the Mayor and Council may authorize.
j.
Serve as attorney for foreclosure of tax title liens unless otherwise
directed by the Mayor and Council.
k.
Work with and through the office of the Municipal Administrator on
all affairs that concern the Mayor and Council.
[Ord. #872, S 2]
The office of the Municipal Auditor of the Borough is hereby
created.
[Ord. #872, S 2]
The Municipal Auditor shall be appointed by the Mayor with consent
of the Council.
[Ord. #872, S 2]
The term of the Municipal Auditor shall before one year.
[Ord. #872, S 2]
The compensation to the Municipal Auditor shall be that as provided
for that as provided for in a contract of employment.
[Ord. #872, S 2]
The Municipal Auditor shall make the annual audit and shall
have the powers and perform the duties prescribed by law or the rules
and regulations of the Division of Local Finance and the Department
of Community Affairs of the State of New Jersey. He/she shall also
perform such duties and render such services as may be prescribed
by the Mayor and Council.
[Ord. #872, S 2]
The Office of Emergency Management Coordinator is hereby established
pursuant to N.J.S.A. App. A:9-40.1.
[Ord. #872, S 2]
The Mayor shall appoint an Emergency Management Coordinator
from among the residents of the Borough of Point Pleasant.
[Ord. #872, S 2]
The Emergency Management Coordinator, subject to fulfilling
the requirements of N.J.S.A. App. A:9-40.1, shall serve for term of
three (3) years.
[Ord. #872, S 2]
The Emergency Management Coordinator shall be provided compensation
as established in the Salary Ordinance of the Borough, as amended.
[Ord. #872, S 2]
The Emergency Management Coordinator shall:
[Ord. #872, S 2]
Removal of the Emergency Management Coordinator shall be established
and provided for as indicated in N.J.S.A. App. A:9-40.2.
[Ord. #872, S 2]
There is hereby established the Borough of Point Pleasant Emergency
Management Council as provided for in N.J.S.A. App. A:9-41.
[Ord. #872, S 2]
There is hereby created the office of Municipal Prosecutor of
the Borough of Point Pleasant.
[Ord. #872, S 2]
The Municipal Prosecutor shall be appointed by the Mayor with
the consent of the Council.
[Ord. #872, S 2]
The Municipal Prosecutor shall serve for a period of one year.
[Ord. #872, S 2]
The compensation of the Municipal Prosecutor shall be that as
provided for in the contract of employment.
[Ord. #872, S 2]
The duties of Municipal Prosecutor shall be to conduct prosecution
for offenses and ordinance violations cognizable by the Municipal
Court of the Borough of Point Pleasant.
Editor's Note: The Office of Chief Financial Officer was originally
established by Ordinance No. 856.
[Ord. #872, S 2]
The Office of the Chief Financial Officer of the Borough is
hereby created pursuant to P.L. 1988, c.110.
[Ord. #872, S 2]
The Chief Financial Officer shall be appointed by the Mayor
with the consent of the Council. No person shall hold office as Mayor
or member of Council hold office as Chief Financial Officer.
[Ord. #872, S 2]
The term of the Chief Financial Officer shall be for one year
from date of confirmation by the Council. Any person who has served
as Chief Financial Officer for a period of no less than five (5) consecutive
years, who is a holder of a Municipal Finance Officer certificate
shall be granted tenure upon filing with the Clerk of the municipality
and with the Division of Local Government Services in the Department
of Community Affairs a notification evidencing his or her compliance.
[Ord. #872, S 2]
The Salary of the Chief Financial Officer shall be established
by the Borough Council in the Annual Salary and Wage Ordinance of
the Borough as amended.
[Ord. #872, S 2]
The Chief Financial Officer shall meet the qualification requirements
of Chapter 110, public Laws 1988, and any amendments thereto, and
the regulations of the State of New Jersey, Department of Community
Affairs, Division of Local Government Services which are adopted pursuant
to the "Administrative Procedure Act".
[Ord. #872, S 2]
The Chief Financial Officer shall devote full time to the interests
of the Borough and shall not hold any outside employment.
[Ord. #872, S 2]
With nine (9) months of the date of his or her appointment,
and during his term, the Chief Financial Officer must be a permanent
resident of the Borough unless this requirement is waived by resolution
of a majority vote of the full membership of the Council.
[Ord. #872, S 2]
a.
Tenured Office Holders. Persons granted tenure pursuant to subsection 2-25.3 shall continue to hold office during good behavior and efficiency and shall not be removed therefrom except for just cause and then only after a public hearing upon a written complaint setting forth the charge or charges against him/her or her, or upon revocation of certification of the Division of Local Government Services.
The complaint shall be filed with the Municipal Clerk and a
certified copy thereof shall be served upon the person so charged,
with notice of the designated hearing dated before member of the governing
body, which shall be not less than ten (10) days nor later than thirty
(30) days from the date of service of the complaint. The hearing date
shall be fixed by resolution of the governing body.
The person so charged by the governing body shall have the right
to be represented by counsel and the power to subpoena witnesses and
documentary evidence. The Superior Court shall have jurisdiction to
review the determination of the governing body which court shall hear
the cause de novo on the record below and affirm, modify or set aside
such determination.
Either party may supplement the record with additional testimony
subject to the rules of evidence.
b.
Non-tenured Office Holders. Persons holding the Office of Chief Financial
Officer without tenure may be removed by a two-thirds (2/3) vote of
the full membership of the Council. The resolution of removal shall
become effective three (3) months after the adoption of same by the
Council, unless the resolution provides that it shall have immediate
effect. In such event, the Council shall cause to be paid to the Chief
Financial Officer forthwith any unpaid balance of his or her salary
for the next three (3) months following adoption of the resolution.
Prior ordinance history: Ordinance Nos. 1998-21, 2000-26.
[Ord. #2011-02, S 3]
There is hereby established the Cultural Arts, Events and Recreation
Advisory Committee of the Borough of Point Pleasant, which shall serve
in accordance with the provisions of this section.
[Ord. #2011-02, S 3]
The Cultural Arts, Events and Recreation Advisory Committee
shall consist of nine (9) individuals and (2) alternates to be appointed
by the Mayor and Council as follows:
a.
The Mayor or his designee to be appointed for a one (1) year term.
b.
The Point Pleasant Chamber of Commerce shall be requested to appoint
a member to the Recreation And Community Affairs Advisory Committee
for a one (1) year term.
c.
A member of the Board of Education to be appointed by the Board of
Education for a one (1) year term.
d.
Three (3) citizen members to be appointed by the Mayor for terms
of three (3) years, except the first appointees shall be appointed
as follows: one (1) for a term of one (1) year, one (1) for a term
of two (2) years, and one (1) for a term of three (3) years.
e.
Three (3) citizen members to be appointed by the Borough Council
for terms of three (3) years, except the first appointees shall be
appointed as follows: one (1) for a term of one (1) year, one (1)
for a term of two (2) years, and one (1) for a term of three (3) years.
f.
One (1) citizen member to be appointed by the Mayor for a term of
one (1) year to serve as Alternate Member 1.
g.
One (1) citizen member to be appointed by the Council for a term
of one (1) year to serve as Alternate Member 2.
All members shall serve until their respective successors are
appointed and qualified. The members shall receive no compensation
for their services. In the case of a vacancy at a meeting, Alternate
Member 1 shall serve first to fill a vacancy, if present. In the case
of two (2) vacancies at a meeting, or in the case of one (1) vacancy
and the absence of Alternate Member 1, Alternate Member 2 shall serve
to fill the vacancy.
[Ord. #2011-02, S 3]
The members of the Cultural Arts, Events and Recreation Advisory
Committee shall elect annually, from among their number, a Chairman
and a Vice Chairman. The elected officers shall serve for terms of
one (1) year and shall be eligible for reelection in successive years.
[Ord. #2011-02, S 3]
The Cultural Arts, Events and Recreation Advisory Committee
shall advise the Mayor, the Borough Council and Superintendent of
Recreation concerning recreation and the use of parks and other designated
areas for recreational purposes and cultural affairs activities.
a.
The Cultural Arts, Events and Recreation Advisory Committee shall
have the power and duty to:
1.
Act in an advisory capacity in all matters concerning cultural affairs,
recreation and use of parks and recreation programs and recreational
areas including the scheduling, maintenance and utilization of recreation
areas.
2.
Participate in the annual budget process as it applies to facilities
to accommodate recreation purposes and cultural affairs programs and
make recommendations with respect thereto to the Superintendent of
Recreation before submission to the Mayor and Council.
3.
Recommend suitable rules, regulations and bylaws for the use of Borough
parks and recreation facilities and the conduct of all persons while
on or using the same.
[Ord. #1999-04, Preamble]
N.J.S.A. 40A:14-156, 156.1, 156.2 and 156.3, authorize municipalities
to enter into mutual aid and assistance agreements for police services
in cases of emergencies.
The County of Ocean consists of thirty-three (33) municipalities,
thirty-two (32) of which have municipal police or fire departments
operating for or within the Township of Barnegat, Borough of Barnegat
Light, Borough of Bay Head, Borough of Beach Haven, Borough of Beachwood,
Township of Berkeley, Township of Brick, Township of Dover, Borough
of Harvey Cedars, Borough of Island Heights, Township of Jackson,
Township of Lacey, Borough of Lakehurst, Township of Lakewood, Borough
of Lavallette, Township of Little Egg Harbor, Township of Long Beach,
Township of Manchester, Borough of Mantoloking, Borough of Ocean Gate,
Township of Ocean, Borough of Pine Beach, Township of Plumsted, Borough
of Point Pleasant, Borough of Point Pleasant Beach, Borough of Seaside
Heights, Borough of Seaside Park, Borough of Ship Bottom, Borough
of South Toms River, Township of Stafford, Borough of Surf City, Borough
of Tuckerton and Township of Eagleswood, which regularly interact
and provide assistance to each other in police related emergencies.
Each of the aforementioned municipalities in the County of Ocean
wish to formalize and refine existing practice by entering into mutual
aid agreements.
[Ord. #1999-04, S 1]
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1, et seq.,
there are hereby established mutual aid agreements among and between
this municipality and each of the aforementioned municipalities in
the County of Ocean, New Jersey, which shall become effective upon
the adoption by one (1) or more of the aforementioned municipalities
(hereinafter referred to as "participating municipalities") of reciprocal
ordinances to provide mutual aid in police services in case of emergency.
This agreement shall apply whenever this municipality may have an
emergency within its boundaries requiring additional police assistance
to protect life and property, and whenever any of the aforementioned
municipalities may experience a similar emergency.
[Ord. #1999-04, S 2]
For purposes of this section, the term "emergency" shall be
defined to include situations in which the number of available police
officers, in a participating municipality is insufficient to meet
the public need in a particular situation and situations where police
aid involving special expertise or training is required in order to
protect life and property or to assist in suppressing a riot or disorder.
No formal declaration of emergency is required to implement the provisions
of the Mutual Aid Agreement.
[Ord. #1999-04, S 3]
The Chief or acting head of the Police Department or Mayor,
or Chief Executive Officer of a participating municipality, is hereby
authorized to request assistance from the Chief or other head of the
Police Department of any other participating municipality to provide
aid in accordance with N.J.S.A. 40A:14-156, et seq.
[Ord. #1999-04, S 4]
A participating municipality shall provide police assistance
when a valid request in accordance with this Agreement to supply personnel
is made, to the extent possible without endangering persons or property
within the confines of the providing municipality.
[Ord. #1999-04, S 5]
The members of the providing municipality's Police Department
supplying aid shall have the same powers, authority, rights and immunities
as the members of the police force of the requesting municipality
when aid is being rendered therein. Said members shall also have,
while so acting, such rights and immunities as they may otherwise
enjoy in the performance of their normal duties in the municipality
rendering such assistance.
[Ord. #1999-04, S 6]
These mutual aid agreements established herein by and between
the aforementioned municipalities in the County of Ocean shall further
authorize mutual police aid and assistance under the County Critical
Incident Management Plan as established by the Ocean County Prosecutor,
as the Chief Law Enforcement Official in the County. The plan provides
for a response by specially trained regional Emergency Response/Special
Weapons and Tactics Team in the event of certain hostage, barricade,
sniper, high risk armed apprehensions, terrorist or similar situations
occurring within a municipality within the County of Ocean.
[Ord. #1999-04, S 7]
Members of the police force of the providing municipality suffering
injury, or their legal representatives, if death results while rendering
assistance in the requesting municipality, shall be entitled to all
such salary, pension rights, workmen's compensation or other benefits,
as they would have accrued if such injury or death had occurred in
the performance of duties in their own municipality, with such benefits
to be the responsibility of the providing municipality.
[Ord. #1999-04, S 8]
A municipality receiving police assistance hereunder pursuant
to the terms of the County Critical Incidental Management Plan shall
not be required to directly reimburse the regional team for services
so provided. The member municipalities shall however, otherwise support
the function of the respective regional response teams by providing
the necessary manpower, equipment and supplies on an ongoing annual
basis pursuant to the terms of the County Critical Incident Management
Plan.
Where emergency police aid is otherwise provided under circumstances
outside of the County Critical Incident Management Plan, reimbursement
shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and
conditions for reimbursement specifically agreed to between specific
municipalities.
[Ord. #1999-04, S 9]
This section shall take effect upon final passage and publication
according to law. It shall become effective with respect to this municipality's
activities with another participating municipality, when such other
participating municipality has adopted an ordinance reciprocal to
this one, and such ordinance has become effective in that municipality.
[Ord. #2002-06, S 1; Ord. #16-2005, S 5]
Subject to the provisions of the New Jersey Open Public Records
Act, N.J.S.A. 47:1A-1 et seq., and as otherwise provided by law, all
records of the Borough shall be available to the public upon written
request therefore, which may, but need not, be made on a form provided
by the Borough, a copy of which is on file at the Borough Clerk's
Office and has been approved by resolution of the Borough Council,
and within such response time or times as may be stated thereon and
provided by law.
[Ord. #2002-06, S 2]
Such records may be inspected at the principal office of the
Borough during regular business hours and may be copied by hand under
the supervision of a representative of the Borough.
Copies of such records may be purchased upon payment of the
following fees:
1st to 10th page: $.75 per page
11th to 20th page: $.50 per page
All pages over 20: $.25 per page
[Ord. #2002-06, S 3]
Whenever the nature, format, manner of collation, or volume
of a government record embodied in the form of printed matter to be
inspected, examined, or copied pursuant to this section is such that
the record cannot be reproduced by ordinary document copying equipment
in ordinary business size or involves an extraordinary expenditure
of time and effort to accommodate the request, the Borough may charge,
in addition to the actual cost of duplicating the record, a special
service charge that shall be reasonable and shall be based upon the
actual direct cost of providing the copy or copies. The requestor
shall have the opportunity to review and object to the charge prior
to it being incurred.
[Ord. #2002-06, S 4]
The Custodian shall permit access to a Borough record and provide
a copy thereof in the medium requested if the Borough maintains the
record in that medium. If the Borough does not maintain the record
in the medium requested, the Custodian shall either convert the record
to the medium requested or provide a copy in some other meaningful
medium. If a request is for a record (i) in a medium not routinely
used by the Borough; (ii) not routinely developed or maintained by
the Borough; or (iii) requiring a substantial amount of manipulation
or programming of information technology, the Borough may charge,
in addition to the actual cost of duplication, a special charge that
shall be reasonable and shall be based on the cost for any extensive
use of information technology, or for the labor cost of personnel
providing this service, that is actually incurred by the Borough or
attributable to the Borough for the programming, clerical, and supervisory
assistance required, or both.
[Ord. #2002-06, S 5]
The disclosure of records of any investigation in progress,
shall be deemed to be inimical to the public interest and the Borough,
and shall not be available for copying, nor shall the public have
access thereto, until the investigation shall have been completed
and release of such records has been authorized by resolution of the
Borough.
[Ord. #2002-06, S 6]
The public shall not have access to the following records:
a.
Minutes of all meetings until approved by the Borough.
b.
Reports, opinions and correspondence between the Borough and its
Attorney or Engineer which are subject to review by the Borough and/or
which are privileged information.
c.
Employment records of staff and administrative personnel and any
matters which would violate the privacy of such employees.
[Ord. #2002-13, S 1]
A Length of Service Award Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, to reward members
of the Point Pleasant Borough Volunteer Fire Department and First
Aid Squad for their loyal, diligent, and devoted services to the residents
of Point Pleasant Borough.
[Ord. #2002-13, S 2]
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the Borough of Point Pleasant
Borough pursuant to P.L.1997, c. 388; and that such plan shall be
administered in accordance with the laws of the State of New Jersey;
the U.S. Internal Revenue Code; and this section.
[Ord. #2002-13, S 3; amended 10-25-2021 by Ord. No. 2021-18]
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
See Subsection 2-29.6 for "Schedule A" for point schedule for the Point Pleasant Borough First Aid Squad LOSAP Program and "Schedule B" for point schedule for the Point Pleasant Borough Fire Department LOSAP Program.
[Ord. #2002-13, S 4]
The LOSAP shall provide for no credit for previous years of
service with either the Point Pleasant Borough Fire Department and
the Point Pleasant Borough First Aid Squad.
[Ord. #2002-13, S 5]
The estimated cost of the program has been calculated as follows:
For regular annual services: $96,924.00 per year.
[Ord. #2002-13, S 6; amended 10-25-2021 by Ord. No. 2021-18]
Each active volunteer member shall be credited with points for
volunteer services provided to the Point Pleasant Borough Fire Department
and the Point Pleasant Borough First Aid Squad in accordance with
the following schedule:
|
Schedule A
| |||
|---|---|---|---|
|
Point Schedule for the Point Pleasant Borough
First Aid Squad LOSAP Program
(Section 2-29)
| |||
|
No.
|
Category
|
Max Points
|
Comments
|
|
1
|
Calls
|
40
|
1 point per dispatched Emergency Response Calls. Percentage
as defined according to Squad Bylaws.
|
|
2
|
Training
|
25
|
1) Courses under 20 hours duration - 1 point per hour with a
maximum of 5 points.
2) Courses of 20 to 45 hours of duration - 1 point per hour
for each hour over initial 20 hours, with a maximum of 10 points.
3) Courses over 45 hour duration - 15 points per course.
|
|
3
|
Drills
|
15
|
1 point per drill, minimum two-hour drill.
|
|
4
|
Meetings
|
15
|
1 point per meeting - attendance at any official meetings of
the First Aid Squad.
|
|
5
|
Elected Position
|
10
|
10 points for holding an elected position as defined according
to the Squad Bylaws.
|
|
6
|
Miscellaneous Activities
|
10
|
1 point per First Aid Squad function. Functions include - parades,
standby football games, work details, assigned tasks by the Captain/President
or any Officer of the Squad and functions authorized by the Squad
membership.
|
|
7
|
Years of Service
|
10
|
Upon completion of five years “Active Service” as
a member in “Good Standing” the member will receive 2
points and an additional 2 points for each additional 5 years of active
service as stated above up to a maximum of 10 points. (maximum of
10 points after 25 years)
|
|
Total Points
|
125
| ||
|
To be determined eligible for LOSAP, a member would need to
have earned 50 points in the year from a total combined points from
any or all of the categories listed above.
| |||
|
Schedule B
| |||
|---|---|---|---|
|
Point Schedule for the Point Pleasant Borough
Fire Department Station 75 LOSAP Program
(Section 2-29)
| |||
|
No.
|
Category
|
Max. Points
|
Comments
|
|
1
|
Calls
|
40
|
Points assigned based on percentage for each category according
to Department Bylaws. If member makes 80% of set percentage then they
will receive 20 points (Active 40%, Active Exempt 20%).
|
|
2
|
Drills/Training
|
20
|
1 point for every monthly drill attended up to 20 points.
|
|
3
|
Meetings
|
12
|
1 point for every monthly meeting.
|
|
4
|
Special Meetings
|
14
|
1 point for attendance at the following meetings of the: Ocean
County Fireman’s, Point Pleasant Exempt/ Fireman’s Relief
Association and any other Special Meetings called by the President.
|
|
5
|
Truck Night or Extra Credit
|
10
|
One point for every Truck Night participated in and approved
for Extra Credit
|
|
6
|
Departmental Functions
|
14
|
1 point per Fire Company Function attended. Functions include
Committee Meetings, Funeral Viewing/Service/Burials, Official Ceremonies,
Parades, Work Details, Fire Prevention details and tasks assigned
by the Chief, President or any officer of the Department.
|
|
7
|
Admin or Line Officer
|
5
|
5 points awarded for holding an elected office in the Fire Company
as defined according to Company Bylaws.
|
|
8
|
Years of Service
|
10
|
Upon completion of 10 years “Active Service” as
a member in “Good Standing” the member will receive 2
points and an additional 2 points for each additional 5 years of active
service as stated above up to a maximum of 10 points.
|
|
Total Points
|
125
| ||
|
To be determined eligible for LOSAP, a member would need to
have earned 50 points in the year from a total combined points from
any or all of the categories listed above.
| |||
[Ord. #2002-13, S 7]
The LOSAP will require five (5) years of service for each eligible
member of either the Point Pleasant Borough Fire Department and/or
the Point Pleasant Borough First Aid Squad for vesting purposes.
[Ord. #2002-13, S 8]
This section shall not take effect unless it is approved by
voters as a public question at the next general election.
Editor's Note: This section was approved by the voters of the
Borough of Point Pleasant at the November 5, 2002 General Election.
[Ord. #2015-23]
Editor's Note: Prior ordinance history: Ordinance No. 2004-14.
The purpose and intent of these regulations is to abide by the
requirements of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq.,
governing electronic disbursement controls for payroll purposes.
[Ord. #2015-23]
[Ord. #2015-23]
[Ord. #2015-23]
a.
The appointment of a payroll service shall be pursuant to the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and shall require
the contractor to do the following, not by way of limitation: data
collection, agency report preparation, calculation of withholding,
direct deposit of payroll disbursements, and/or transfer of Borough
funds to contractor's account for subsequent disbursement of payment.
b.
Any renewal or extension of a contract under these regulations shall
be by resolution.
c.
The Chief Financial Officer is hereby appointed the approval officer
and is responsible for authorizing and supervising the activities
of the payroll service and shall further be charged with the reconciliation
and analysis of all general ledger accounts affected by the activities
of the disbursing organization.
d.
If required by the contract between the Borough and the payroll service,
the payroll service is permitted to hold Borough funds pending transmittal
to a payee.
[Ord. #2015-23]
a.
A payroll service must meet all of the following requirements:
1.
Report any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer;
2.
Report circumstances that could jeopardize its ability to continue
operations or otherwise interrupt the services provided to the Borough.
b.
A payroll service must meet the requirements of N.J.A.C. 5:30-17.5,
requiring that the approval officer be assured that the servicer has
its own internal controls and appropriately guard against theft and
other adverse conditions.
c.
All contracts entered into pursuant to these regulations and the
laws authorizing the same shall comply with the requirements of N.J.A.C.
5:30-17.6, which sets out a series of mandatory contractual terms
and conditions.
[Ord. #2015-23]
Upon the adoption of these regulations, the Borough Council,
with the assistance of the Chief Financial Officer and the Borough
Attorney, as necessary is hereby authorized and directed to enter
into a contract for payroll service in accordance with all local public
contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll
service shall be by separate resolution of the Borough.
[Ord. #19-2005, S 1]
There is hereby established an Open Space Preservation Advisory
Committee which shall consist of fifteen (15) members and five (5)
alternate members.
[Ord. #19-2005, S 1]
a.
The Open Space Preservation Advisory Committee shall consist of the
Mayor, the Council President of the governing body, and one (1) additional
Council member designated by the Borough Council. The Committee shall
also have nine (9) at-large members of the community who shall be
appointed by the Mayor with the advice and consent of the Borough
Council.
b.
There shall be five (5) alternates to the Open Space Preservation
Advisory Committee who shall be designated as Alternates 1, 2, 3,
4 and 5. The alternate members shall be permitted to participate at
meetings of the Committee but shall not vote unless a regular member
or members are absent, in which case an alternate member in numerical
order shall be permitted to vote in the absence of a regular member
or members. The terms of all members of the Open Space Preservation
Advisory Committee shall be for a term of one (1) year commencing
on January 1 of the year of the appointment and ending on December
31 of the year of the appointment. A vacancy occurring otherwise than
by expiration of the term shall be filled for the unexpired term.
The nine (9) at-large members and five (5) alternate members of the
community shall be appointed by the Mayor, with the advice and consent
of the Borough Council. The Council President, and an additional Council
member designated by the Borough Council can appoint a designee to
attend and participate in meetings on his/her behalf.
[Ord. #19-2005, S 1]
The members of the Committee shall serve without compensation.
[Ord. #19-2005, S 1]
a.
The Open Space Preservation Advisory Committee shall be responsible
for the evaluation of properties to be acquired and developed for
open space and recreation and conservation purposes, pursuant to the
establishment of the annual levy for this purpose under N.J.S.A. 40:12-15.7.
The Committee shall make recommendations to the governing body concerning
acquisition of lands for recreation and conservation purposes, development
of lands acquired for recreation and conservation purposes, acquisition
of farmland for farmland preservation purposes, historic preservation
of historic properties, structures, facilities, sites, areas or objects,
and the acquisition of such properties, structures, facilities, sites,
areas or objects for historic preservation purposes.
b.
Nothing contained in this section shall authorize this Committee
to enter into any contract or agreement or expend, obligate or otherwise
encumber funds of the Borough for any of the purposes set forth in
this section, and the powers of the Committee shall be limited to
the making of recommendations and providing reports as needed or appropriate
to the governing body in accordance with this section.
c.
The Borough Administrator, Recreation Commission Superintendent,
Chairpersons of the Environmental Commission, Recreation Commission,
and Planning Board Chairman (or his/her designee), shall be ex-officio
members of the Open Space Preservation Advisory Committee and shall
have the right to attend and participate at all meetings of the Committee
but shall not have a vote on the Committee.
d.
The Council President of the governing body or his or her Councilman
Designee shall be the Chairperson of the Open Space Preservation Advisory
Committee. The additional Borough Council member designated by the
Borough Council or his or her designee shall be the Vice Chairperson
of the Committee.
[Ord. #19-2005, S 1]
Editor's Note: Prior ordinance history: Ordinance No. 27-2005.
[Ord. No. 2017-24]
The purpose of this section is to comply with the provisions
of N.J.S.A. 19:44A-20.3 et seq.
[Ord. No. 2017-24]
As used in this section, unless otherwise noted, the terms set
forth in this section shall have the meanings delineated within N.J.S.A.
19:44A-20.7.
[Ord. No. 2017-24]
a.
The Borough of Point Pleasant, or any agency or instrumentality thereof,
shall not enter into a contract having an anticipated value in excess
of seventeen thousand five hundred ($17,500.00) dollars, as determined
in advance and certified in writing by the Borough of Point Pleasant,
with a business entity, except a contract that is awarded pursuant
to a fair and open process, if, during the preceding one-year period,
that business entity has made a contribution that is reportable by
the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee
of a political party in the municipality if a member of the political
party is serving in an elective public office of the Borough of Point
Pleasant when the contract is awarded, or to any candidate committee
of any person serving in an elective office of the municipality when
a contract is awarded.
b.
A business entity that has entered into a contract having an anticipated
value in excess of seventeen thousand five hundred ($17,500.00) dollars
with the Borough of Point Pleasant, or any agency or instrumentality
thereof, except a contract that is awarded pursuant to a fair and
open process, shall not make a contribution, reportable by the recipient
under N.J.S.A. 19:44A-1 et seq., to any municipal committee or political
party in the municipality if a member of a political party is serving
in an elective office of that municipality when the contract is awarded,
or to any candidate committee of any person serving in an elective
public office of that municipality when the contract is awarded during
the term of the contract.
c.
No such committee shall accept such a contribution from a business
entity during the term of its contract with the municipality.
[Ord. No. 2017-24]
When a business entity is a natural person, a contribution by
that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity
is other than a natural person, a contribution by an person or other
business entity having an interest therein shall be deemed to be a
contribution by the business entity. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, shall be deemed to be a contribution by the business
entity.
[Ord. No. 2017-24]
If a business entity makes a contribution that would cause it
to be ineligible to receive a public contract, or in the case of a
contribution made during the term of a public contract, that would
constitute a violation of the Pay to Play Acts, the business entity
may request in writing within sixty (60) days of the date on which
the contribution was made that the recipient thereof repay the contribution
and, if repayment is received within those sixty (60) days, the business
entity would again be eligible to receive a contract, or would no
longer be in violation, as appropriate.
[Ord. No. 2017-24]
Nothing contained in this section shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services.
[Ord. No. 2017-24]
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Borough of Point Pleasant
shall require the business entity to which the contract is to be awarded
to provide a written certification that is has not made a contribution
that would bar the award of a contract pursuant to this section. A
business entity shall have a continuing duty to report to the Election
Law Enforcement Commission any contributions that constitute a violation
of this section that are made during the duration of a contract.
[Ord. No. 2017-24]
Violations of this section shall result in penalties as prescribed
with N.J.S.A. 19:44A-20.10 and N.J.S.A. 19:44A-20.11.
[Ord. #2008-14, S 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of Point Pleasant Borough's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. #2008-14, S 2]
As used in this section, the following terms shall have the
meanings indicated:
shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Point Pleasant Borough to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
shall mean the employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for Point Pleasant Borough.
[Ord. #2008-14, S 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for Point
Pleasant Borough.
b.
Subject to the approval of the Council on Affordable Housing (COAH)
or the Court, the Municipal Housing Liaison shall be appointed by
the governing body and may be a full or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Point Pleasant
Borough, including the following responsibilities which may not be
contracted out, exclusive of paragraph 6. which may be contracted
out:
1.
Serving as Point Pleasant Borough's primary point of contact for
all inquiries from the State, affordable housing providers, Administrative
Agents, and interested households;
2.
Monitoring the status of all restricted units in Point Pleasant Borough's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in Point Pleasant Borough.
d.
Subject to approval by COAH or the Court, Point Pleasant Borough
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 Point Pleasant Borough, except for those responsibilities which
may not be contracted out pursuant to paragraph c. above. If Point
Pleasant Borough 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.
e.
Compensation. Compensation shall be fixed by the governing body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison. Only the five required responsibilities outlined in paragraph
c. above will be handled by Point Pleasant Borough's Municipal Housing
Liaison. All other duties will be delegated to an approved Administrative
Agent.
[Ord. #2008-08, Preamble]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various county
and municipal officials.
N.J.S.A. 43:15C-2 requires the governing body of each County,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
The Mayor and Council of the Borough of Point Pleasant have
considered the guidelines issued by the Local Finance Board.
[Ord. #2008-8, S 2]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. #2008-8, S 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.A.
43:15C-2:
a.
Tax Collector;
b.
Chief Financial Officer;
c.
Construction Code Official;
d.
Tax Assessor;
e.
Registered Municipal Clerk;
f.
Municipal Administrator;
g.
Municipal Court Judge;
h.
Municipal Court Administrator;
i.
Recreation Superintendent;
j.
Registrar of Vital Statistics;
k.
Public Works Superintendent.
[Ord. #2008-8, S 3]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[Ord. #2010-17]
There is hereby established a Board of Skate Park Commissioners
in the Borough.
[Ord. #2010-17]
The number of members of the Board shall be six (6). The six
(6) members of the Board shall be comprised as follows:
a.
Two (2) members of the Point Pleasant Skate Park Club, as chosen
by the Club.
b.
Two (2) residents or property owners living or owning property within
the neighborhood of the Skate Park Club.
c.
Chairman of the Borough Recreation Commission.
d.
A member of the Borough Council who also serves as liaison to the
Recreation Commission, who shall also serve as Chairman of the Skate
Board Park Commission. However, this member of the Skate Board Park
Commission shall be a non-voting member.
[Ord. #2010-17]
The Commissioners shall be appointed annually. Vacancies shall
be filled for the unexpired terms only.
[Ord. #2010-17]
The members of the Commission shall receive no compensation
for their services.
[Ord. #2010-17]
The members of the Board shall be appointed to membership on
the Board by the Mayor.
[Ord. #2010-17]
It shall be the responsibility of the Commission to enforce
rules and regulations adopted by the Council governing utilization
of the Skate Park. In addition, the Commission shall oversee the day
to day utilization, care and management of the Park, including ensuring
cleanliness of the Park and avoidance of unnecessary nuisance and
adverse sound issues upon the neighborhood. The Commission shall appoint
up to five (5) delegates who shall assist the Commission with enforcing
rules and regulations governing the Skate Park; as adopted by the
Borough Council; be in contact with the Borough Department of Public
Works concerning garbage pickup and general cleanliness of the Skate
Park; attend to the opening and closing of bathrooms; and attend to
the opening and closing of the Skate Park. All members of the Skate
Park Commission and the appointed delegates shall submit to customary
background checks as required by the Borough's Liability Insurance
Carrier. In addition, all of the appointed delegates and members of
the Skate Park Commission, with the exception of the Chairman of the
Borough Recreation Commission and the Borough Council Liaison, shall
attend any and all training sessions as required by the Borough's
Liability Insurance Carrier at their own cost and expense.
[Ord. #2010-17; Ord. No. 2011-3]
The Skate Park shall be open during the hours as established in Section 3-27.4.
[Ord. #2010-17]
a.
If violations of the rules and regulations governing the Skate Park
are found, a written notice by the Chairman of the Skate Park Commission
shall be served on the person or persons responsible for the correction
thereof.
b.
Notice shall be served personally or by regular mail, addressed to
the last known address of the person to be served. In the event that
the person to be served is believed to be a minor, notice shall be
served upon both the minor and an adult residing with the minor. In
the case of the occupancy, notice may be posted upon the main entrance
door of the building, and in the case of an owner, the last known
address shall be the address of the owner as shown in the records
of the offices of Tax Assessor.
c.
The notice shall specify the violation or violations committed, and
provide notice that a hearing will be held before the Commission within
ten (10) days of the date of the notice.
d.
At the hearing before the Commission, the Commission shall take testimony
and evidence concerning the alleged violation of the Borough rules
and regulations governing utilization of the Skate Park and other
ordinances and rules and regulations of the Borough. Within ten (10)
days thereafter, the Commission shall render a ruling concerning the
alleged violation.
e.
At the hearing provided, the Commission shall hear all parties and
make a final determination within the aforementioned ten (10) days.
The Commission shall then issue an order incorporating the determination
and directions contained in the notice, modifying the notice if deemed
necessary.
f.
In the event that a violation of the Rules and Regulations is found
by the Commission, the penalty which can be imposed will include any
corrective action, as well as a prohibition for that person, whether
a minor or adult, from continuing to enjoy utilization of the Skate
Park for a specific period of time. Depending upon the extent of the
violation or the number of violations which may have preceded the
then pending violation, the penalty may include a lifetime ban from
utilization and enjoyment of the Skate Park.
[Ord. #2012-06]
There is hereby created the position of Purchasing Agent for
the Borough of Point Pleasant.
[Ord. #2012-06]
The Purchasing Agent shall be appointed by the Governing Body.
[Ord. #2012-06]
The purchasing agent is required to possess a valid Qualified
Purchasing Agent certificate, as issued by the New Jersey Division
of Local Government Services, Department of Community Affairs.
[Ord. #2012-06]
The Purchasing Agent shall have, on behalf of the Governing
Body of Point Pleasant Borough, the authority, responsibility and
accountability for the purchasing activity pursuant to Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.) to prepare public advertising
for and to receive bids and requests for proposals for the provision
or performance of goods, services and construction contracts; to award
contracts pursuant to New Jersey Law in accordance with the regulations,
forms and procedures promulgated by the State regulatory agencies
and conduct any activities as may be necessary or appropriate to the
purchasing function of the Borough of Point Pleasant.
[Ord. #2012-06]
The bid threshold established for the Borough Purchasing Agent
shall be the maximum as established by the New Jersey Department of
Community Affairs and/or the New Jersey Legislature. The quote threshold
shall be the maximum as established by the New Jersey Department of
Community Affairs and/or the New Jersey Legislature.
[Ord. No. 2017-03]
There is hereby established a Floodplain Management Plan Committee
for the Borough of Point Pleasant.
[Ord. No. 2017-03]
The purpose of the Floodplain Management Plan Committee is to
assist in coordinating and integrating the Floodplain Management Plan
of the Borough of Point Pleasant and other such duties as may be deemed
necessary by the Governing Body.
[Ord. No. 2017-03]
a.
Members of Floodplain Management Plan Committee shall be appointed
by the Mayor with the advice and consent of the Borough Council.
b.
The Floodplain Management Plan Committee shall consist of ten (10)
members, five (5) of whom are representative of the Borough of Point
Pleasant and five (5) who are representatives of the public and/or
stakeholders.
c.
The term of office of a member of the Floodplain Management Plan
Committee shall be one (1) year and shall run from January 1st of
the year in which the appointment is made.
[Ord. No. 2017-03]
The members of Floodplain Management Plan Committee shall receive
no salary or compensation for their service.
[Ord. No. 2017-03]
The Governing Body may remove any member of the Floodplain Management
Plan Committee with or without cause.
