This act shall be known and may be cited as the Plainfield Charter
(1968).
The inhabitants of the city of Plainfield, in the county of
Union, within the boundaries heretofore established by law or as may
be hereafter amended, shall be and remain a municipal body corporate
and politic with perpetual succession.
For the purposes of this act, and for the interpretation of
any law, ordinance or resolution applicable to the city, unless the
context otherwise requires:
(a) "Charter" shall mean this act and all statutory provisions of the
State of New Jersey which are now or may hereafter be applicable specifically
to the city of Plainfield or to all cities alike, and which are not
inconsistent with this act.
(b) "Council" shall mean the governing body of the city, constituted
and elected pursuant to the charter.
(c) "Mayor" shall mean the mayor of the city duly elected pursuant to
the charter.
(d) "Administrative code" shall mean an ordinance providing, subject
to the charter, for the organization or administration of the city
government, for the exercise or discharge of its functions, powers
and duties, or for the management or control of its property, affairs
or government.
(e) "Administrator" shall mean the business administrator duly appointed
pursuant to the charter.
(f) "Department" shall mean an administrative organization unit of the
city government established or designated by or pursuant to the charter
as a department.
(g) "Director" shall mean the administrative head of a department.
(h) "Division" shall mean an administrative organization unit of the
city government established, allocated or assigned within a department.
(i) "Ordinance" shall mean any act of local legislation heretofore or
hereafter adopted pursuant to law.
(j) "Month" shall mean a calendar month unless otherwise specifically
provided.
(k) "Person" shall mean any corporation, firm, partnership, association,
organization or other entity, as well as an individual.
(l) "City" shall mean the city of Plainfield within the boundaries now
existing or which may be hereafter established pursuant to law.
(m) "Year" shall mean a calendar year unless otherwise specifically provided.
(n) "General law" shall mean any statutory law or provision of law, not
inconsistent with this act, heretofore or hereafter enacted which
is by its terms applicable or available to all municipalities, and
the following additional laws whether or not such additional laws
are so applicable or available to all municipalities: legislation
relating to taxation, local courts, education, health, public authorities
serving more than one municipality, and municipalities in unsound
financial condition.
For the purposes of the charter, other laws, administrative
codes and any ordinances heretofore or hereafter adopted, except as
the context may otherwise require:
(a) The present tense includes the past and future tenses and the future,
the present.
(b) The masculine gender includes the feminine and neuter whenever both
genders are not explicitly referenced.
(c) The singular number includes the plural and the plural, the singular.
(d) The time within which an act is to be done shall be computed by excluding
the first and including the last day, and if the last day be a Sunday
or a legal holiday, that day shall be excluded.
(e) "Writing" and "written" shall include printing, typewriting and any
other mode of communication using paper, digitally processed data,
image processed document, or similar material which is in general
use, as well as legible handwriting.
In addition to such powers as may otherwise be conferred by
the charter, the city may:
(a) Organize and regulate its internal affairs, and establish, alter,
and abolish offices, positions and employments and define the functions,
powers and duties thereof and fix their term, tenure and compensation;
(b) Adopt and enforce local police ordinances of all kinds and impose
one or more of the following penalties for violation thereof, fines
not exceeding $2,000 or imprisonment for any term not exceeding 90
days, or a period of community service not exceeding 90 days for the
violation thereof; a minimum penalty, prescribed for the violation
of particular ordinances, which shall consist of a fine which may
be fixed at an amount not exceeding $100; a minimum penalty, prescribed
for the violation of an ordinance pertaining to unlawful solid waste
disposal, which shall consist of a fine which may be fixed at an amount
not exceeding $2,500 or a maximum penalty by a fine not exceeding
$10,000;
(c) Construct, acquire, operate or maintain any and all public improvements,
projects or enterprises for any public purpose, subject to referendum
requirements otherwise imposed by law;
(d) Sue and be sued, have a corporate seal, contract and be contracted
with, buy, sell, lease, hold and dispose of real and personal property,
appropriate and expend moneys, and adopt, amend and repeal such ordinances
and resolutions as may be required for the management of the city
and the good government thereof;
(e) Exercise powers of condemnation, borrowing and taxation in the manner
provided by general law;
(f) Exercise all powers of local government in such manner as its governing
body may determine.
The general grants of municipal power contained in this article
are intended to confer the greatest power of local self-government
consistent with the Constitution of this State. Any specific enumeration
of municipal powers contained in the charter shall not be construed
in any way to limit the general description of power contained in
this article, and any such specifically enumerated municipal powers
shall be construed as in addition and supplementary to the powers
conferred in general terms by this article. All grants of power to
the city, whether in the form of specific enumeration or general terms,
shall be liberally construed, as required by the Constitution of this
State, in favor of the city.
The council, or a committee designated by the council, shall
review the charter at least once every 12 years and prepare a report
on the functioning of the charter, which shall include any suggested
amendments to the charter.