Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
Bogota is governed under the borough form of government outlined in Chapters 86-94 of Title of the Revised Statutes. 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:9-7m et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A. 26:3-1, Board of Health; and N.J.S.A. 40:47-1, Police Department and Fire Department.
For statutes requiring the taking of oaths of office and requiring bond of certain officers and employees, see Local Fiscal Affairs Law, N.J.S.A. 40A:5-33 et seq.
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]
This chapter shall be known and may be cited as the Administrative Code of the Borough of Bogota and is herein referred to as the code.
[New]
The council shall consist of the mayor and six 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]
The council shall by ordinance adopt rules of procedure not inconsistent with this code. The rules shall provide for standing committees of the council.
[New]
Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the borough council for any reason other than the expiration of term of office, the vacancy shall be filled in the following manner:
a. 
If the vacancy occurs subsequent to September 1 preceding the general election which will occur in the next-to-the-last year of the term of the member whose office has become vacant, the office shall be filled for its unexpired term by appointment by a majority vote of the whole membership of the borough council.
b. 
If the vacancy occurs prior to September 1 preceding the general election in any year other than the last year of the term of the member whose office has become vacant, the vacancy shall be filled for the unexpired term at the next ensuing general election. The borough council by a vote of the majority of its whole membership may fill the vacancy temporarily by appointment until the election and qualification of a successor.
c. 
Whenever a vacancy to be filled for the unexpired term by the borough council is not filled within thirty (30) days of the occurrence of the vacancy, the borough clerk shall forthwith call a special election to be held as soon as practicable to fill the vacancy. No appointment shall be made by the borough council to fill the vacancy after a special election has been called. If the vacancy occurs within six (6) months prior to tend of the term of office, the provisions of this subsection shall not apply and the borough council shall continue to have the power to fill the vacancy.
d. 
Whenever the office of all or a majority of the members shall become vacant for any reason, the fact of the vacancies shall be immediately certified to the governor by any remaining member of the borough council or by the borough clerk. The governor upon receipt of such certifications shall forthwith fill the vacancies temporarily by appointment until their successors are elected for the unexpired terms at the next general election or next regularly scheduled municipal election occurring not less than sixty (60) days subsequent to the appointment.
[New]
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.
[New]
The council shall meet for organization on the first day of January, or during the first seven (7) days in January in any year at the call of the incoming mayor. Thereafter, the council shall meet regularly within the borough at such times and places as provided by the rules of council. The mayor shall when necessary call special meetings of the council. In case of his neglect or refusal, any four (4) members of the council may call such meetings at such time and place in the borough as they may designate. In all cases of special meetings, twenty-four (24) hours written notice (or actual voice contact) shall be given to all members of the council. Written notice may be by leaving such notice at their places of residence.
[New]
The mayor shall preside over all meetings of the council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by statute or specific ordinance, the mayor shall nominate and, with the advice and consent of the council, appoint all officers in the borough, and the chairman and members of all standing committees. No appointments requiring council confirmation shall be made except by a majority vote of the council members present at the meeting, 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. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The mayor shall make such nomination to fill a vacancy within thirty (30) days after the appointive office becomes vacant. If the mayor fails to nominate within thirty (30) days or the council fails to confirm any nomination made by the mayor, then, after the expiration of thirty (30) days, the council shall appoint the officer.
The mayor shall see that the laws of the State and the ordinances of the borough are faithfully executed, and shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the borough.
The mayor shall supervise the conduct and acts of all offices in the borough and shall execute all contracts made on behalf of the council.
[New]
At the organizational meeting the council by a majority vote shall elect from their number a president of the council, who shall preside at all of its meetings when the mayor does not preside. The president of the council shall hold office for one (1) year and until the next annual meeting. He shall have the right to debate the vote on all questions before the council. If the council at its annual meeting fails to elect a president, the mayor shall appoint the president from the council and in that case no confirmation by the council shall be necessary. If the mayor is absent from the borough for a period of three (3) consecutive days or for any reason is unable to act, the president of the council shall perform all the duties of the mayor during his absence or inability. The mayor, in case of his intended absence from the borough for more than three (3) days at any one time, shall notify the president in writing of such intended absence, whereupon the president shall be and become acting mayor from the receipt of such notice and continue to act until the mayor's return. In case of the temporary inability of the president to so act, the council member having the longest term of service as such may act temporarily for the president.
[Ord. 12/9/48, S1]
There is hereby established in accordance with and pursuant to the provisions of N.J.S.A. 2:8A-1 to 2:8A-41, inclusive, and the several acts amendatory thereof and supplementary thereto, a court within the borough to be known as the "Municipal Court of the Borough of Bogota."
[Ord. 4/28/60, S1-4; New; Ord. #1265, §1]
a. 
The office of municipal prosecutor, and any number of special municipal prosecutors as authorized by a resolution of the Mayor and Council, are hereby created in the Borough of Bogota.
b. 
The municipal prosecutor shall be an attorney-at-law of the State of New Jersey and shall prosecute on behalf of the State or the Borough of Bogota any case to be tried before the municipal judge whenever requested by the chief of police of the borough or the municipal judge; and the municipal prosecutor shall assume any and all duties as may be assigned to the office of municipal prosecutor by statute or municipal ordinance, charter or by police power, rule or regulation adopted or promulgated by the borough council.
c. 
The special municipal prosecutors shall serve in the place of the municipal prosecutor, and shall assist the municipal prosecutor as necessary for the proper functioning of the municipal court, and in case of a conflict of interest or absence that prevents the municipal prosecutor from serving.
d. 
The term of office of the municipal prosecutor and any special municipal prosecutors shall be for one (1) full year effective January 1 of each year, or the date of the confirmation of the appointment of the office holder, until December 31 of the year of the appointment, and continuing until the appointment and qualification of the officeholder's successor.
e. 
If a special prosecutor is appointed, then the municipal prosecutor shall be deemed to be the chief municipal prosecutor, as required by N.J.S.A. 2B:25-4(f).
f. 
The salary of the municipal prosecutor, and any special municipal prosecutors, shall be as set forth in the borough's salary ordinance.
[Ord. #1113, SI; Ord. #1163, S1]
a. 
There is hereby created the office of municipal public defender of the borough.
b. 
The municipal public defender shall be an attorney-at-law of the State of New Jersey and shall provide representation to indigent defendants who qualify for appointment of counsel as required by law; the municipal court judge shall approve all applications for appointment of the public defender to represent said persons as required by law.
c. 
The term of office of the municipal public defender shall be for one (1) year, effective January 1 of each year and until December 31 of the same year and until the appointment and qualification of his successor.
d. 
The salary of the municipal public defender shall be based upon a retainer as provided for in the current salary ordinance of the borough.
e. 
Those persons applying for representation by the municipal public defender shall pay an application fee of two hundred ($200.00) dollars at the time of presentation of an application for the public defender. The municipal court judge may, however, in his discretion, waive any required application fee in whole or in part if the judge determines, in his discretion, that the applicant has made a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation. The municipal court may permit an applicant, for good cause shown, to pay the application fee over a specified period of time not to exceed four (4) months.
f. 
Funds collected pursuant to paragraph e shall be deposited in a dedicated fund administered by the chief financial officer. The funds so deposited shall be used exclusively to meet the costs incurred by the borough in providing the services of the public defender, including when required, the costs of expert witness and lay investigation and testimony.
[Ord. 12/27/45, S1]
The board of health in the borough shall hereafter be composed of seven (7) members who shall serve for the term of three (3) years.
[Ord. 12/27/45, S2; New]
All appointments to the board of health shall be made by the mayor with the advice and consent of the council at the organization meeting of the mayor and council annually on January 1 or as soon thereafter as may be convenient at either a special or regular meeting held for that purpose. The term of office of each appointee shall be deemed to commence as of the organization meeting day in the year of which the appointment has been made, it being the purpose herein that all appointments to the board of health be uniform commencing and expiring as of the organization meeting day of the mayor and council. Provided, however that the terms of the members shall be arranged so that the terms of not more than three (3) members shall expire each year.
[Ord. 5/15/1895, S4]
If any vacancy occurs in the membership of the board, such vacancy shall be filled for the unexpired term only by nomination and appointment as provided in subsection 2-7.2.
[Ord. 5/15/1895, S5]
The members of the board shall meet at the council chamber for the purpose of organization and transaction of other business.
[1]
Editor's Note: Ordinance No. 1480 replaced the Board of Recreation Commissioners with the Recreation Committee. Prior ordinance history: Ordinance No. 819, 864.
[Ord. No. 1480]
There shall be established a standing committee of the Borough of Bogota, entitled Recreation Committee, which shall be responsible for all recreational activities within the Borough of Bogota. The Committee shall conduct and oversee forms of recreation and cultural activities for the citizens and residents of Bogota. The Recreation Committee may conduct such activities on properties under the control and/or ownership of the Borough, as well as on private properties. The Recreation Committee may charge and collect reasonable fees for such activities, but all money collected shall be remitted to the Municipal Treasurer.
[Ord. No. 1480]
a. 
The Recreation Committee shall consist of seven members, along with two alternates, appointed by Mayor with the consent of the Council.
[Amended 2-27-2020 by Ord. No. 1537]
b. 
The members of said Committee shall serve without compensation.
c. 
The terms of office shall be for three years, so that the terms of no more than 1/3 of the at-large members will expire each year, and their successors shall be appointed at the Borough annual reorganization meeting for terms of three years and until the appointment and qualification of their successors.
[Amended 2-27-2020 by Ord. No. 1537]
d. 
The Committee shall designate one of the members to serve as Chairman and presiding officer of the Committee. The Council may remove any member of the Committee for cause, on written charges served upon the member and after a hearing thereon in front of the Mayor and Council at which the member shall be entitled to be heard in person or by counsel if so desired by the member.
[Ord. No. 1480]
a. 
To supervise and regulate all parks, playgrounds and recreational areas belonging to the Borough. It shall be the Borough's responsibility to fiscally maintain said parks, playgrounds and recreational areas.
b. 
To establish, supervise and regulate a recreation program to meet the recreational needs of the residents of the Borough and to plan for future recreational needs.
c. 
To promulgate, adopt and approve such rules and regulations as the Recreation Committee shall deem necessary to carry out its purpose and objects, subject to review and approval of the Borough Council.
d. 
To work closely with the Recreation Director in carrying out Recreation programs.
e. 
The Council shall make final decisions regarding all hiring.
f. 
To consider recommendations from individuals and groups involving matters of recreation policy and present recommendations to the Council.
g. 
To authorize and carefully examine all expenditures within the budget granted by the Mayor and Council and to recommend payment of vouchers, through a Recreation Director, for such expenditures by the Mayor and Council.
h. 
To account to the people of Bogota through the proper fiscal authorities for the use of all funds.
i. 
To interpret the Committee's program to public officials and to the general citizenry, in terms of adequate moral and financial support.
j. 
To present an annual report to the public and to Borough officials concerned with the activities of the Committee.
k. 
To appoint subcommittees related to Recreation.
l. 
To distribute all policy decisions, through the Recreation Director, to the applicable volunteers and paid employees.
[Ord. No. 1480]
The Council may, in its sole discretion, appropriate funds for the expenses incurred by the Recreation Committee through its annual budget.
[Ord. #1118, S1]
There is hereby established the authority for the formation of a nonprofit corporation to be known as the Bogota Volunteer Trust, Inc., or such similar name as may be currently available.
[Ord. #1118, S1]
The trustees of the Bogota Volunteer Trust, Inc., shall consist of the following members:
a. 
The mayor, or his or her designee.
b. 
Two (2) members elected for an annual term by each of the following:
1. 
The volunteer fire department.
2. 
The first aid squad.
3. 
The rescue squad.
[Ord. #1118, S1]
The trustees shall have the authority to establish a fund consisting of contributions to the Bogota Volunteer Trust, Inc. The trustees shall also meet to vote upon the expenditures to be made from the fund for the purposes of the volunteer organizations referred to in subsection 2-9.2. These purposes may include, but are not limited to, periodic awards dinners or other social events acknowledging the contributions of the volunteers to the borough.
[Ord. #1118, S1]
The Mayor and Council of the Borough of Bogota will make, on an annual basis, sufficient contributions to the trust to fund an annual awards dinner if the contributions from other sources made to the trust do not provide adequate funding for an annual awards dinner recognizing the volunteers in the organizations referred to in subsection 2-9.2.
[Ord. 5/24/56, S1]
This section shall be known and may be cited as "The Fire Department Ordinance of the Borough of Bogota."
[Ord. 7/28/58, S2; Ord. #1158, S1; Ord. #1257, S1; Ord. #1410, S1]
a. 
The fire department of the borough, hereafter referred to as the department, shall consist of a battalion comprising four (4) volunteer companies designated as follows:
Engine Company #1
Hook and Ladder Company #1
Hose Company #2
Engine Company #3
b. 
Each volunteer fire company shall consist of twenty (20) regular members who shall be residents of the Borough of Bogota and up to ten (10) nonresident members, as defined in subsection 2-10.5c, who may be either regular nonresident members or fire brigade members. The other members are utility members, who shall be available at other times during the day for fire duty.
[Ord. 5/24/56, S3]
The department shall be responsible for the protection from fire of life and property in the borough.
[Ord. #788, S1]
a. 
At the first meeting of the mayor and council held in January of each year, or at any time during the year where the mayor and council shall deem it necessary, the mayor, with the advice and consent of the council, shall from the members of the council appoint a fire committee, and the mayor, with the advice and consent of the council, shall designate a chairman thereof. The fire department shall be under the control of this committee.
b. 
The chairman of the fire committee shall be known as the fire commissioner and the committee shall promulgate rules and regulations for the government and conduct of the department, which rules and regulations shall be subject to the approval of the mayor and borough council. The rules and regulations shall provide for the administration and operation of the department and shall prescribe the duties and rules governing the conduct of the officers and personnel thereof and further provide for such other matters as are deemed to be necessary, beneficial and desirable for the conduct, operation and proper functioning of the department.
(Ord. No. 1448, adopted 8-12-14, amended the Rules and Regulations of the Bogota Fire Department. See Ord. No. 1448 for specific amendments.)
[Ord. 2/28/74, S5; New; Ord. #1028, S1; Ord. #1048, S1; Ord. #1158, S2; Ord. #1257, S2; Ord. #1410; Ord. No. 1499]
a. 
Membership in any volunteer fire company shall be open to all persons under the age of eighty (80) who are eighteen (18) years or older and who are able to perform the duties of volunteer firefighter, without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status, physical handicap, or any other status that is protected by any applicable State or Federal law, and who are otherwise qualified for membership as set forth in this section. Those members between the ages of seventy (70) and eighty (80) shall be restricted to all fire ground support apparatus operation and other operational duties as deemed by the Fire Chief or Officer in Charge that do not require the use of the Self Contained Breathing Apparatus (SCBA).
[Ord. No. 1499]
b. 
Each company shall establish objective qualifications for membership, which relate directly and solely to the physical and technical ability and character fitness of an applicant to perform the duties of volunteer firefighter.
[Ord. No. 1499]
c. 
There shall be three (3) classes of members:
1. 
Regular members shall be bona fide residents of the Borough of Bogota.
2. 
Nonresident active members shall be of two (2) classes:
(a) 
Bona fide residents living within five (5) miles of the borders of the borough. These members shall be known as regular nonresident members.
(b) 
Bona fide employees who work in the Borough of Bogota and are available to respond to fire calls during the majority of the daylight hours. These members shall be known as fire brigade members.
3. 
Nonresident members and fire brigade members shall have the right to participate in departmental rank and privilege as specified in the rules and regulations of the Bogota Fire Department.
4. 
All members shall be qualified in accordance with the standards established by subsection 2-10.5b of this section.
d. 
Each company shall supply the borough clerk with membership application forms, and the clerk shall distribute the forms to persons requesting same, during normal business hours. The forms shall state that the applications may be filed, either by personal delivery or by mail, with the secretary or other designated officer of the company whose mailing address shall appear on the application, or shall be on file with the clerk.
e. 
The secretary or other officer designated to receive applications shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. He shall promptly send a letter or post card stating the number of his application and the date and time it was received.
f. 
Each company shall establish a membership committee consisting of not more than fifteen (15) members, which shall be solely responsible for evaluating and ruling upon applications for membership. It shall, within sixty (60) days of receipt of an application by the company, make a report to the company as to whether or not the applicant qualified for membership. Its decision shall be binding on the company, and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership.
g. 
Applicants reported by the investigating committee to be qualified for membership shall be admitted in the order in which their applications were received as set forth in paragraph e of this subsection as soon as vacancies exist. If at any time the number of applicants found to be qualified exceeds the number of current vacancies, a waiting list shall be established according to the order in which the applications were received, and the appointments shall be made therefrom in that same order.
h. 
If the membership committee determines that an applicant does not meet the minimum requirements for membership, the company's secretary shall promptly advise the applicant in writing of the rejection and the qualifications, in writing, described with particularity, which he has not substantially met.
i. 
Any company may require newly accepted applicants to serve a probationary period of reasonable duration, not to exceed one (1) year. During such period, and at the conclusion thereof, each probationary member shall be evaluated solely by the officers of the company who supervise him in the performance of his duties. They may cause the dismissal of any member during his probationary period only for failure to perform the established duties of a probationary member in a reasonably satisfactory manner or other good cause, and may do so by notifying the probationary member in writing of his rejection and the particular reason therefor. At the end of the probationary period, the said supervising officers shall determine whether or not the applicant has satisfactorily performed the duties of probationary members. If he has, they shall promptly recommend to the membership that he be admitted to full membership, and their recommendation shall be binding on the company and he shall be so admitted forthwith. If he has not, they shall promptly notify the probationary member in writing of his rejection and the particular reasons therefor. No vote of the membership shall be conducted on the issue of whether any probationary member shall continue as a probationary member or shall be admitted to full membership.
j. 
Any member of a volunteer fire company shall be subject to penalty or suspension by the fire committee for failure to comply with the rules and regulations governing the department. Upon suspension a member shall be accorded a hearing by the mayor and council following which hearing the member shall be subject to dismissal from the department for violation of its rules and regulations. Upon imposition of a penalty, a member may appeal to the mayor and council, who shall conduct a hearing and may approve or modify the penalty. Notice of any suspension shall be transmitted in writing by the fire committee to the mayor and council.
k. 
Any volunteer firefighter who earns his State exemption shall be reimbursed for the expense of purchasing his/her uniform.
[Ord. No. 1499]
l. 
Each company shall supply the borough clerk with a notice that includes the company's name, address, the names of its officers and members and the dates of its regular organization meetings. This notice will be submitted yearly and shall be posted by the clerk forthwith.
[Ord. 7/28/58, S6; Ord. #1448]
a. 
The officers of the fire department shall consist of the following:
1. 
Chief.
2. 
Deputy chief.[1]
[1]
Editor's Note: Pursuant to Ord. No. 1448, the Office of the Assistant Chief is now Deputy Chief.
3. 
Battalion chief.
b. 
The officers shall be members in good standing in the department and shall be elected annually by members of the department at an election to be held on the first Saturday in December. The election shall be conducted in the manner prescribed in the department rules and regulations and all elections shall be subject to confirmation by the mayor and council.
The officers shall enter upon their duties on January 1st and shall hold their office for the period of one (1) year.
c. 
The officers of each volunteer fire company shall consist of line and administrative officers. The line officers shall consist of captain, first lieutenant and second lieutenant who shall be chosen in accordance with the constitution and bylaws of each volunteer fire company. The election of the line officers shall be subject to confirmation by the mayor and council and no person elected as line officer shall enter upon the performance of his duties until his election shall have been confirmed. The administrative officers of each company shall consist of:
1. 
President.
2. 
Vice President.
3. 
Secretary.
4. 
Treasurer.
d. 
In the event of a vacancy occurring in any of the offices in the volunteer fire company, said vacancy shall be filled in accordance with the rules and regulations governing the conduct of said company.
[Ord. 5/24/56, S7; Ord. #1448]
a. 
The fire chief shall be the chief executive officer of the department subject to the direction and control of the commissioner. He shall be responsible for the fire apparatus and equipment used by the department and for the conduct, discipline and efficiency of the members of the department. He shall see that the rules and regulations of the department are properly enforced.
b. 
The deputy fire chief shall perform the duties of the fire chief in his absence and shall perform such other duties as shall be prescribed in the rules and regulations of the department.
c. 
The battalion chief shall perform the duties of the fire chief in the event of his absence and the absence of the deputy fire chief and shall perform such other duties as shall be prescribed by the rules and regulations of the department.
d. 
The fire chief shall be responsible for the enforcement of the laws, rules and regulations concerning the prevention of fires and shall have all of the powers and duties set forth under said rules, law and regulations.
[Ord. 5/24/56, S8; Ord. #1448]
There is hereby created a board of fire officers which shall consist of the chief of the fire department, the deputy chief, the battalion chief and the captain of each company in the fire department, together with the fire commissioner who is designated a member of the board of fire officers ex officio.
[Ord. 5/24/56, S9]
The members of the volunteer fire company shall be responsible for the operation and care of the fire apparatus and equipment of the borough and shall observe all of the departmental rules and regulations concerning the operation and care of such equipment.
a. 
No member of the fire department shall drive any piece of equipment of any company of the borough fire department unless he holds a license for operating a motor vehicle under the rules of the State of New Jersey and unless he shall have been designated as a driver by the mayor and council.
b. 
Each volunteer fire company shall immediately elect one (1) of its members to the position of mechanic, which position shall be confirmed by the mayor and council. The mechanic shall perform such duties as shall be prescribed in the departmental rules and regulations.
[Ord. 1/10/63, S10]
a. 
There shall be an annual inspection of each volunteer fire company and its apparatus by the mayor and borough council. The inspection shall be made during the chief's term of office at the convenience of the chief. The inspection shall take place in front of the borough hall.
b. 
There shall be an annual inspection of the rubber goods of the department, which inspection shall be conducted by the fire chief on the first Monday of December at 8:00 p.m.
[Ord. 5/24/56, S11]
a. 
The fire apparatus and equipment of the borough shall be used only for the purposes of fire control, fire prevention, civil defense and for the instruction of the members of the department and members of the Civil Defense Corps.
The equipment may be used in parades or upon such other occasions as shall be directed by the fire commissioner.
b. 
The fire apparatus and equipment of the borough shall not be removed from the borough except for the purpose of fire control, fire prevention, instruction of the members of the department and in connection with cover-up systems with other towns or with the consent of the fire commissioner.
[Ord. 5/24/56, S12]
The mechanic of each volunteer fire company shall be compensated in such amount as shall be provided for in the salary ordinance.
[Ord. #962, SI; Ord. #987, SI; Ord. #1202, S3]
The borough shall pay to each member of the volunteer fire department a clothing allowance of no more than three hundred-fifty ($350.00) dollars per year. The payment shall be made for the period beginning on October 31 of the preceding year and ending on November 1 of the current year. The payment shall be made on or about November 30 of each year to the members who are eligible for reimbursement in accordance with the bylaws and rules and regulations of the volunteer fire department. The volunteer fire department's bylaws and rules and regulations shall include performance-based criteria for the payment to active volunteer fire department members of the clothing allowance, provided, however, that the total of all clothing allowances paid to volunteer fire department members shall not exceed the amount in the borough's budget for this purpose. The total budget appropriation shall be based upon the number of active members of the department as of January 1 of each year multiplied by one hundred seventy-five ($175.00) dollars per member.
[Ord. #1217, S1]
Pursuant to N.J.S.A. 40A:14-95, there is hereby established in the Borough of Bogota an auxiliary fire department of the borough, to be known as the Bogota Junior Firefighter's Auxiliary, ("Auxiliary").
[Ord. #1217, S1]
The auxiliary shall have the following purposes:
a. 
To augment the Bogota Volunteer Fire Department to the extent permitted by law and this section.
b. 
To provide training for junior firefighters for eventual membership in the fire department.
[Ord. #1217, S1]
Pursuant to N.J.S.A. 40A:14-96, no person shall be eligible for membership in the auxiliary who is less than fourteen (14) or more than twenty-one (21) years of age. Persons under the age of eighteen (18) years shall be required to obtain permission to join the auxiliary from their parents or guardian. This permission shall be set forth in writing and shall be acknowledged by a notary public of the State of New Jersey.
[Ord. #1217, S1]
a. 
The auxiliary shall consist of no more than twenty-five (25) members. The members of the auxiliary shall elect a president, a vice president, and a secretary who are to serve for a period of one (1) year.
b. 
The fire chief shall supply the borough clerk with membership application forms for the auxiliary and the clerk shall distribute the forms to persons requesting same, during normal business hours. The forms shall state that the applications may be filed, either by personal delivery or by mail, with the fire chief or other designated officer whose mailing address shall appear on the application, or shall be on file with the clerk.
c. 
The fire chief or other officer designated to receive applications shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. He shall promptly send a letter or post card to the applicant stating the number of the application and the date and time it was received.
d. 
The fire chief and the auxiliary liaison officer shall be the auxiliary membership committee, which shall be solely responsible for evaluating and ruling upon applications for membership. It shall, within sixty (60) days of receipt of an application make a report as to whether or not the applicant is qualified for membership. Its decision shall be binding and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership.
e. 
Applicants reported by the membership committee to be qualified for membership shall be admitted in the order in which their applications were received as set forth in paragraph c of this subsection as soon as vacancies exist. If at any time the number of applicants found to be qualified exceeds the number of current vacancies, a waiting list shall be established according to the order in which the applications were received, and the appointments shall be made therefrom in the same order.
f. 
If the membership committee determines that an applicant does not meet the minimum requirements for membership, the fire chief shall promptly advise the applicant in writing of the rejection and the qualifications, described with particularity, which he or she has not substantially met.
g. 
Newly accepted applicants shall serve a probationary period of six (6) months. During this period, and at the conclusion thereof, each probationary member shall be evaluated solely by the chief and the liaison officer who have supervised the member in the performance of his or her duties. They may cause the dismissal of any member during his or her probationary period only for failure to perform the established duties of a probationary auxiliary member in a reasonably satisfactory manner or other good cause, and may do so by notifying the probationary member in writing of this rejection and the particular reason therefor. At the end of the probationary period, the said supervising officers shall determine whether or not the applicant has satisfactorily performed the duties of probationary auxiliary members. If the applicant has, they shall promptly recommend to the mayor and council that the applicant be admitted to full membership in the auxiliary. If the applicant has not, they shall promptly notify the probationary member and the mayor and council in writing of this rejection and the particular reasons therefor. No vote of the membership shall be conducted on the issue of whether any probationary member shall continue as a probationary member or shall be admitted to full membership in the auxiliary, and no applicant shall be a member until approved by the mayor and council.
[Ord. #1217, S1]
a. 
Pursuant to N.J.S.A. 40A:14-98, the mayor and council of the Borough of Bogota hereby establishes as the rules and regulations to govern the activities of the auxiliary the rules and regulations set forth in revision #3 of the rules and regulations as proposed by the Bogota Fire Department except as modified by this section, and any amendments thereto, which shall be subject to the approval of the mayor and council.
b. 
Pursuant to N.J.S.A. 40A:14-98, the following limitations shall be imposed on the use of junior firefighters:
1. 
No junior firefighter shall be required to perform duties that would expose the junior firefighter to the same degree of hazard as a regular member of a volunteer fire department.
2. 
The activities of junior firefighters under the age of sixteen (16) shall be limited to the following:
(a) 
Attending meetings of the auxiliary;
(b) 
Receiving instruction;
(c) 
Participating in training that does not involve fire, smoke, toxic or noxious gas, or hazardous materials or substances; and
(d) 
Observing firefighting activities.
c. 
Fire training for auxiliary members shall be in the form and frequency as shall be ordered by the fire chief of the Borough of Bogota, who is hereby empowered to supervise, regulate, and control the training of the auxiliary members subject to the limitations imposed by law and this section.
d. 
The auxiliary members shall assist the fire department at alarms. They shall attend their assigned company drills in addition to attending normal drills, meetings, cleanups, and inspections.
e. 
All members of the auxiliary shall be subject to the rules and regulations of the Bogota Fire Department, where applicable, to the extent permitted by the law and this section.
f. 
Any member of the auxiliary who shall violate the rules and regulations of the fire department or the auxiliary shall be subject to disciplinary proceedings in the manner and form established for these purposes for members of the fire department.
[Ord. #1217, S1]
Resignations from the auxiliary shall be forwarded to the mayor and council for appropriate action.
[Ord. 8/28/47, S1; Ord. #949, S1]
Unless otherwise expressly stated the following terms shall for the purpose of this section, have the meanings herein indicated:
SQUAD
Shall mean first aid and emergency squad.
SQUAD COMMISSIONER
Shall mean a first aid and emergency squad commissioner.
SQUAD COMMITTEE
Shall mean first aid and emergency squad committee.
[Ord. 8/28/47, S2; Ord. #949, S2; Ord. #1319, S1]
The squad shall consist of all officers and other members who are duly elected and/or appointed. The officers are: president, vice-president, treasurer, recording secretary, corresponding secretary, chief, deputy chief, captain, and lieutenant. The president, vice-president, recording secretary, corresponding secretary, and treasurer shall oversee the business affairs of the squad.
[Ord. #789, S1; Ord. #949, S3]
There shall be a committee appointed to be known as the squad committee, to consist of three (3) members of the borough council to be appointed annually by the mayor. The chairman of the committee shall be known as the squad commissioner.
[Ord. 8/28/47, S4; Ord. #949, S4; Ord. #1391, S1]
All officers other than the lieutenants shall be elected annually by the members of the squad in accordance with the procedures that are set forth in the squad's bylaws. Lieutenants shall be appointed annually by the chief.
[Ord. #850, S1; Ord. #833, S1; Ord. #949, S5; Ord. #1028, S2]
a. 
Membership in the squad shall be limited to fifty (50) members and shall be open to all persons under the age of seventy (70) and who are eighteen (18) years of age or older, and who are able to perform the duties of first aid squad member, without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status, or physical handicap, or any other status that is protected by any applicable State or Federal law, and who are otherwise qualified for membership as set forth in this section.
b. 
The squad shall establish objective qualifications for membership which relate directly and solely to the physical and technical ability and character fitness of an applicant to perform the duties of squad member.
c. 
The squad shall supply the borough clerk with membership application forms, and the clerk shall distribute the forms to persons requesting same, during normal business hours. The forms shall state that the applications may be filed, either by personal delivery or by mail, with the secretary or other designated officer of the squad, whose mailing address shall appeal on the application, or shall be on file with the clerk.
d. 
The secretary or other officer designated to receive applications shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. He shall promptly send a letter or post card to each applicant stating the number of his application and the date and time it was received.
e. 
The squad shall establish a membership committee consisting of not more than fifteen (15) members, which shall be solely responsible for evaluating and ruling upon applications for membership. It shall, within sixty (60) days of receipt of an application by the squad, make a report to the squad as to whether or not the applicant is qualified for membership. Its decision shall be binding on the squad, and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership.
f. 
Applicants reported by the investigating committee to be qualified for membership shall be admitted in the order in which their applications were received as set forth in paragraph d of this subsection as soon as vacancies exist. If at any time the number of applicants found to be qualified exceeds the number of current vacancies, a waiting list shall be established according to the order in which the applications were received, and the appointments shall be made therefrom in that same order.
g. 
If the membership committee determines that an applicant does not meet the minimum requirements for membership, the squad's secretary shall promptly advise the applicant in writing of the rejection and the qualifications, described with particularity, which he has not substantially met.
h. 
The squad may require newly accepted applicants to serve a probationary period of reasonable duration, not to exceed one (1) year. During such period, and at the conclusion thereof, each probationary member shall be evaluated solely by the officers of the squad who super-vise him in the performance of his duties. They may cause the dismissal of any member during his probationary period only for failure to per-form the established duties of a probationary member in a reasonably satisfactory manner or other good cause, and may do so by notifying the probationary member in writing of his rejection and the particular reasons therefor. At the end of the probationary period, the said supervising officers shall determine whether or not the applicant has satisfactorily performed the duties of probationary members. If he has, they shall promptly recommend to the membership that he be admitted to full membership, and their recommendation shall be binding on the squad and he shall be so admitted forthwith. If he has not, they shall promptly notify the probationary member in writing of his rejection and the particular reasons therefor. No vote of the membership shall be conducted on the issue of whether any probationary member shall continue as a probationary member or shall be admitted to full membership.
i. 
The squad shall supply the borough clerk with a notice that includes the squad's name, address, the names of its officers and members, and the dates of its regular meetings. This notice will be submitted yearly and shall be posted by the clerk forthwith.
[Ord. 8/28/47, S6; Ord. #949, S6]
The names of all persons elected to membership in the squad shall be presented to the mayor and council in writing signed by the president and corresponding secretary of the squad.
[Ord. 8/28/47, S7; Ord. #949, S7]
All resignations and expulsions from the squad shall take the same course as election and proposal to membership as above provided.
[Ord. 8/28/47, S8; Ord. #949, S8]
It shall be the duty of the captain to report monthly to the mayor and council of the Borough of Bogota, the condition of all apparatus and appurtenances of the squad, the number of calls attended during the month, their location and such other information concerning the same as may be required from time to time by the squad commissioner. It shall be the duty of the president to report to the mayor and council of the Borough of Bogota, regarding resignations, expulsions and elections passed by the squad.
[Ord. 9/28/47, S9; Ord. #949, S9]
The president and captain will have the general supervision of the squad, as defined in the squad bylaws when it is not in actual duty, subject to control of the squad commissioner, and not in conflict with such rules and bylaws for the government of the squad as may from time to time be adopted by the members as herein provided.
[Ord. 8/28/47. S10; Ord. #949, S10]
The squad is hereby authorized and required from time to time to adopt a code of bylaws and rules for the control, management and government of the squad and for the regulation of the proceedings and business of the squad which code of bylaws and rules after adoption by such squad shall not become effective or operative until presented to and approved by the mayor and council of the Borough of Bogota.
[Ord. 8/27/47, S11; Ord. #949, S11]
It shall be the duty of the captain to see that the automobile apparatus and all appurtenances, equipment and supplies are in proper condition and ready for immediate use at all times. The driver of the apparatus shall be responsible for the same and its equipment when answering calls and upon its return to headquarters.
[Ord. 8/28/47, S12; Ord. #949, S12]
It shall be the duty of the squad commissioner to appoint a mechanic who shall be charged with the duty of maintaining the motor apparatus, lights, etc., of the squad in good condition and ready for immediate service at all times.
[Ord. 8/28/47, S13; Ord. #949, S13]
No member of the squad shall be permitted to tamper with the motor apparatus or appurtenances or to fix or repair same, unless so directed by the captain, or in his absence, the lieutenant, and then only in the case of an emergency.
[Ord. 8/28/47, S14; Ord. #949, S14]
All requests for repairs and supplies for the use of the corps shall be presented to the mayor and council at the time of the monthly report mentioned in subsection 2-11.8 in this section, but in case any apparatus shall become so disabled that immediate repairs are necessary or any supplies are so diminished as to require immediate replenishment the captain shall immediately report the condition to the squad commissioner in order to have same repaired or replenished at once.
[Ord. 8/28/47, S15; Ord. #949, S15]
No person other than members of the squad or members of the Bogota Police Department shall be allowed to handle any apparatus or implements belonging to the squad.
[Ord. 8/28/47, S16; Ord. #949, S16]
No apparatus or equipment shall be left out for hire without the consent of the squad committee.
[Ord. 8/28/47, S17; Ord. #949, S17]
The lieutenants by rank and vice-president will be in charge when the captain or president are absent and shall assist those officers in the performance of their duties as pre-scribed by this section.
[Ord. 8/28/47, S18; Ord. #949, S18]
The squad is hereby granted permission to use the fire alarm system for an audible alarm in cases of emergency. The signal number to be used shall be subject to the approval of the mayor and council of the Borough of Bogota, and the board of fire officers.
[Ord. 8/28/47, S19; Ord. #949, S19]
Squads may be disbanded in the following manner:
a. 
Upon written request to the mayor and council of a majority of the duly qualified members of the squad, said squad may be disbanded by order of the mayor and council of the Borough of Bogota.
b. 
Should the mayor and council consider at any time that the interests of the borough will be best served by the disbandment of the squad they may do so at any regular meeting by a two-thirds (2/3) vote of the mayor and council, thirty (30) days notice having previously been given to the secretary of the squad and the members of the mayor and council.
[Ord. #1054, S1; Ord. #1202, S1]
The borough shall pay to each member of the squad a clothing allowance of no more than three hundred-fifty ($350.00) dollars per year. The payment shall be made for the one (1) year period beginning on October 31 of the preceding year and ending on November 1 of the current year. The payment shall be made on or about November 30 of each year to the members who are eligible for reimbursement in accordance with the bylaws and rules and regulations of the squad. The squad's bylaws and rules and regulations shall include performance-based criteria for the payment to active squad members of the clothing allowance, provided, however, that the total of all clothing allowances paid to squad members shall not exceed the amount in the borough's budget for this purpose. The total budget appropriation shall be based upon the number of active squad members as of January 1 of each year multiplied by one hundred seventy-five ($175.00) dollars per member.
[New]
a. 
In accordance with the provisions of N.J.S.A. 40A: 9-135 there is hereby created the position of deputy borough clerk of the borough.
b. 
The deputy borough clerk shall be appointed by the mayor with the advice and consent of the council for a term of one (1) year commencing January 1st.
c. 
The deputy borough clerk shall act as secretary and aide to the borough clerk and during the absence, illness or vacation or disability of the borough clerk, shall have all the powers of the borough clerk and shall perform the duties and functions of said office; in addition, the deputy borough clerk shall perform those duties of the borough clerk delegated by the borough clerk with the consent of the mayor and council.
d. 
The deputy borough clerk shall be compensated in accordance with the salary ordinance of the borough.
[Ord. 9/11/75]
Any person claiming payment from the borough shall first submit a detailed statement of the items or demand necessitating such claim to the responsible executive agency, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. No bill, claim or demand shall be considered for payment unless the voucher has attached to it (or includes) a certification of a department head (or other municipal official responsible for certain functions) or of his duly designated representative, having personal knowledge of the facts that the goods have been received by, or the services rendered to the borough, and that those services or goods are consistent with any existing contract or purchase order. The chief financial officer shall have the duty to audit, warrant and make recommendations on all claims and bills.
[Ord. 9/11/75]
The bill or claim duly certified shall be presented to the borough clerk for inclusion in the agenda of the next immediate formal meeting of the borough council and it shall be the duty of the clerk to examine all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been followed. All claims or bills to be considered by the borough council shall be listed systematically without preference and the list shall be made available to every member of the council at least two (2) full days prior to formal action by that body.
[Ord. 9/11/75]
Claims shall be considered by the borough council which shall approve the same, except that the borough council may reject any claim presented to it stating the reason for such rejection. Any disapproved claim shall be referred back to the borough clerk with such instructions as the borough council may give at the time of disapproval.
[Ord. 9/11/75]
It shall be the duty of the borough clerk to record all claims in the official minutes or through an appropriate claims register, indicating that the borough council has by formal action approved the same with appropriate record as to any claims disapproved or rejected. All records pertaining to approved and disapproved bills or claims shall be available for public inspection.
[Ord. 9/11/75]
The clerk shall certify that the claims have been approved and then prepare the necessary checks for payment thereof, which checks shall be signed by the mayor and thereafter signed by the treasurer or other chief financial officer. After preparing checks for the payment of claims, the clerk shall record them in proper books of account and thereafter mail the checks to the claimants.
[Ord. #971, S1]
The office of the borough administrator of the Borough of Bogota is hereby created in accordance with the provisions of N.J.S.A. 40A:9-136 et seq.
[Ord. #971, S2; Ord. #1058, SI]
a. 
Appointment. The borough administrator shall be appointed by the mayor with the advice and consent of council.
b. 
Term. The borough administrator shall serve at the pleasure of the governing body.
c. 
Absence, disability. During the absence or disability of the administrator, the mayor and council may, by resolution, appoint an officer or regular employee of the borough to perform the duties of the administrator during such absence or disability. Such absence or disability shall be limited to three (3) consecutive months. Upon expiration of said three (3) months, the governing body will review the circumstances of the absence, and if in its discretion finds that an extension of such time would be in the best interests of the borough, it could increase such period of time by a duly adopted resolution.
d. 
Removal. The borough administrator may be removed by way of a resolution approved by a two-thirds (2/3) vote of the full membership of the governing body. The resolution of removal shall become effective three (3) months after its adoption by the governing body. The governing body may provide that the resolution shall have immediate effect; provided, however, that the governing body shall cause to be paid to the administrator forthwith any unpaid balance of his salary and his salary for the next three (3) calendar months following adoption of the resolution.
[Ord. #971, S3]
The borough administrator shall receive as salary such sums as may be fixed and adopted by the salary ordinance of the Borough of Bogota.
[Ord. #971, S4]
a. 
The borough administrator shall be chosen solely on the basis of executive and administrative abilities and qualifications.
b. 
No elected members of the governing body may receive such appointment as administrator during the member's normal term of office, or within three (3) years after the normal expiration of the member's normal term of office, except for the possibility of interim appointment to fill an absence or vacancy - not to exceed ninety (90) days.
[Ord. #971, S5]
The administrator shall be the chief administrative officer of the Borough of Bogota and shall be responsible to the governing body as a whole for the proper and efficient administration of the business affairs of the borough. The administrator's duties and responsibilities shall relate to the management of all borough business, except those duties and responsibilities conferred upon the borough officials by State statute, ordinance, other applicable laws, rules and regulations promulgated by State and County agencies or such as the governing body may reserve itself through this chapter.
[Ord. #971, S6; Ord. #1461]
a. 
The borough administrator shall act as the chief administrative officer of the borough. The administrator's duties shall include the development of rules and regulations for administrative procedures governing purchasing practices, operations of all departments, personnel management and general coordination of departments, offices, boards and agencies of the borough, all for the purpose of increasing the efficiency of the borough government and promoting its economic and responsive operation.
b. 
The administrator shall perform the duties hereinafter enumerated and such other duties as may be assigned by the governing body. The administrator's entire time and effort shall be devoted to the performance of the duties and functions of the position of administrator, and the administrator shall not engage in any other occupation or employment while employed by the borough, unless said position of employment is clearly delineated in the administrator's employment contract, and accepted by the mayor and council; provided, however, that this section shall not prevent the borough administrator from concurrently holding the positions of borough financial administrator, chief financial officer, borough treasurer and custodian of the funds for the Bogota School District so long as the governing body approves the same. The administrator shall:
1. 
Represent the borough and assert its proper interests in relation to the State and other political subdivisions, and with respect to borough contracts and franchises;
2. 
Attend all regular monthly meetings of the governing body and work and agenda sessions for those meetings, with the right to speak but not vote on all agenda items, and attend other meetings as directed by the governing body, and shall receive notice of all special meetings of the governing body and all advisory committees, boards, commissions and other agencies of the borough; keep the governing body informed as to the conduct of the borough affairs; shall submit other reports either in writing or orally, as the governing body shall request; and make recommendations to the governing body necessary and advisable for the welfare of the borough. The administrator shall submit to the governing body, as soon as possible after the close of the fiscal year, a complete written report on the administrative activities of the borough for the preceding year;
3. 
See that provision of all franchises, leases, permits and privileges granted by the borough are compiled with and provide periodic reports on said compliance upon request;
4. 
Study the governmental and administrative operations and needs of the borough and prepare and recommend to the governing body necessary and desirable plans and programs to meet present and foreseeable needs;
5. 
Develop, prescribe and enforce rules and regulations for the efficient management of the borough government, for the avoidance of any duplication or overlapping of effort among the departments or among the units within a department and for the improvement of methods and procedures of administration;
6. 
Respond to public inquiries that address the operation of the borough government;
7. 
Be responsible for the administration of the budget after its adoption by the governing body and the implementation of the work programs contained in the budget;
8. 
Oversee the execution and enforcement of the laws of the State of New Jersey and ordinances and resolutions of the governing body;
9. 
Receive copies of all general and official correspondence addressed to the Borough of Bogota and see that they are referred to the appropriate officer or department for disposition and reply;
10. 
Integrate and coordinate the functions of all departments, boards, agencies, offices and officials and maintain liaison with the borough school system and the Bogota School District. The administrator shall be responsible for continually improving communications among the various borough personnel, departments, agencies, boards, and the governing body;
11. 
Recommend the employment of experts and consultants to perform work and render advice in connection with borough projects;
12. 
At the request of the governing body, inspect the duties and responsibilities of any elected or appointed official and department of the borough, submitting a report relating thereto to the governing body for such further action as the governing body may deem advisable in such instance. This subsection shall not apply to members of the governing body;
13. 
Attend to the letting of contract, in due form of law, and supervise their performance and faithful execution except insofar as such duties are expressly imposed upon some other Borough officer or official by statute. The Administrator shall execute all contracts made on behalf of the Council when the Mayor is unavailable to execute such contracts. The Administrator shall also be permitted to enter into and execute any contract on behalf of the Borough which shall fall below the bid threshold as established by the Local Public Contract Law, N.J.S.A. 40A:11-1 et seq.
14. 
See that all money owed by the borough is promptly paid and that proper proceedings are taken for the security and collection of all the borough claims;
15. 
Perform such other duties as may be required by the governing body consistent with law.
[Ord. #971, S7]
The administrator shall supervise all personnel of the borough through the respective department heads and direct the business activities of all borough departments, including the direction of central purchasing and recommending to the mayor and council the employment and replacement of personnel as may be required in said departments within the limits prescribed by the budget and as hereinafter provided. The administrator shall:
a. 
Have all residential complaints regarding services or personnel of the borough referred to the office of the administrator. The administrator or an officer designated by the administrator shall investigate and dispose of such complaints, and the administrator shall keep written record of such complaints, and when and what action was taken in response thereto and provide the governing body with a copy thereof when requested so to do.
b. 
Study, recommend, implement and enforce the financial procedures and policies of the borough and its departments after consultation with department heads and approval of the governing body.
c. 
Establish and maintain sound working personnel and administrative rules, regulations and practices, and appropriate records and reports, subject to such policies as may be established from time to time by employee contracts.
d. 
Require the various departments of the borough to furnish annually an adequate inventory of all equipment, materials and supplies in stock and recommend the sale of any surplus or obsolete equipment, materials and supplies.
e. 
Ensure that there is an up-to-date and coordinated filing system for all borough departments, offices, boards and agencies.
f. 
Negotiate contracts for the borough upon request of the governing body and subject to the approval of the governing body.
g. 
See that all terms and conditions imposed in favor of the borough or its inhabitants in any statute or contract are faithfully kept and performed and, upon knowledge of any violation, call the same to the attention of the governing body.
h. 
Make any recommendations which may increase the efficiency of the operation of the borough.
i. 
Continually review and supervise the borough's insurance program.
j. 
Be responsible for the overall supervision and maintenance of real property owned by the borough, except as modified through delegation by the governing body or ordinance to autonomous boards of commissions.
k. 
Assign office space, furniture and facilities among and within departments.
[Ord. #971, S8]
a. 
The administrator shall be the purchasing officer of the borough and shall purchase, or supervise the purchase of, in accordance with the provisions of the governing statutes and sound purchasing practices, all materials, supplies, and equipment of various agencies, boards, departments and other offices of the borough. The administrator shall keep or cause to be kept an account of all purchases and shall, from time to time or when directed by the governing body, make a full report thereof. The administrator shall:
1. 
Establish rules, regulations, standards and specifications to control all purchases by the borough and recommend to the governing body such standards as to quality, size and variety of articles, equipment and supplies used by the offices and departments of the borough, to make possible uniform purchasing practices;
2. 
Ensure that all purchases are at the most favorable price to the borough;
3. 
See to it that the materials, equipment, services or supplies delivered are correct in number or amount and comply with the standards and specifications prescribed by the governing body as agreed to at the time of purchase.
b. 
The administrator shall review all bills and vouchers for payment prior to final approval by the governing body and shall establish procedures associated with the voucher process.
c. 
The administrator shall have no interest, directly or indirectly, in any contract job for work or materials, or the profits thereof, to be furnished to or performed for the borough.
[Ord. #971, S9]
a. 
The administrator shall serve as the personnel officer of the borough, and as such, shall recommend to the mayor and council the hiring and promoting of employees of the borough subsequent to satisfactory completion of a probationary period and shall recommend advancement of such employee to the next step, and when he deems it necessary or advisable for the betterment of the borough, shall recommend to the mayor and council the suspension or discharge of employees, provided that persons shall be promoted, hired, suspended or discharged only in accordance with the applicable statutes of this State.
b. 
The administrator shall also design and implement a program for employee evaluations, promotions and advancements for approval by the mayor and council.
[Ord. #971, S10]
a. 
In preparation for the annual borough budget to be proposed to the council for adoption, the administrator or an officer designated by the administrator shall obtain from the head of such department, committee, board, commission, agency or officer estimates of revenues and expenditures and other supporting data as requested. Said data is to be supplied by November 1, with copies distributed to the governing body prior to the public budget hearings.
b. 
The administrator shall prepare and compile budget studies, analyses and schedules; assist in the conduct of public, departmental, board, committee and commission budget hearings during the months of November and December in each year; and otherwise assist the mayor and council in such manner as they shall require in the preparation of the annual borough budget. The administrator shall help draft an explanatory budget message, including a comparison of prior years appropriations and expenditures and an analysis of the proposed expenditures. Upon adoption of the budget, current accounts of the expenditures made shall be kept on a monthly basis based upon the supplemental detail of the adopted budget. The administrator shall maintain a continuing review and analysis of budget operation, work process and costs of municipal services.
c. 
The administrator shall prepare the temporary budget for presentation at the January Organization meeting of the governing body.
d. 
Upon request, and as requested, the administrator shall assist the borough council in the development of the capital improvement plan.
[Ord. #971, S11]
Nothing in this chapter shall derogate from or authorize the borough administrator to exercise the powers and duties of the elected and appointed officials of the borough.
[Ord. #971, S12]
All ordinances, codes or parts of same inconsistent with any of the provisions of this section, are hereby repealed to the extent of such inconsistency.
[Ord. #900, SI]
This section shall be known and may be cited as "The Auxiliary Police Ordinance of the Borough of Bogota."
[Ord. #900, SI; Ord. #1071, SI; Ord. #1263, S2; Ord. #1298, S1; amended 12-26-2019 by Ord. No. 1536]
a. 
The Auxiliary Police shall consist of members who, at the time of their application, maintain a bona fide residence in the Borough. Notwithstanding this requirement, residents of the City of Hackensack, the Township of Teaneck, and the Village of Ridgefield Park may also serve as members.
b. 
Membership in the Auxiliary Police shall otherwise be open to all persons between the ages of 18 and 70 who are able to perform the duties of an Auxiliary Police member, without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status, physical handicap, or any other status that is protected by any applicable state or federal law, and who are otherwise qualified for membership as set forth in this section. In addition, members shall:
1. 
Be a United States citizen or an alien authorized to work in the United States, and;
2. 
Be able to satisfy the objective qualifications for membership that are established by the Auxiliary Police bylaws, which shall relate directly and solely to the physical and technical ability and character fitness of an applicant to perform the duties of an Auxiliary Police member.
c. 
The Auxiliary Police Captain shall supply the Borough Administrator and Clerk with membership application forms, and the Administrator and Clerk shall then distribute the forms to persons requesting same, during normal business hours. The forms shall state that the applications may be filed, either by personal delivery or by mail, with the designated officer, whose mailing address shall appear on the application or shall be on file with the Borough Administrator or Clerk.
d. 
The designated officer shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. The designated officer shall promptly send a letter or post card stating the number of the application and the date and time it was received.
e. 
The Auxiliary Police shall establish a membership committee consisting of not more than five members, which shall be solely responsible for evaluating and ruling upon applications for membership in the Auxiliary Police. It shall, within 60 days of the receipt of an application, make a report to the Captain whether or not the applicant is qualified for membership. This recommendation shall be binding on the Auxiliary Police and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership.
f. 
Applicants reported to the Mayor and Council to be qualified for membership shall be admitted in the order in which their applications were received.
g. 
If the Auxiliary Police Membership Committee determines that an applicant does not meet the minimum requirements for membership, the Auxiliary Police Captain shall promptly advise the applicant in writing of the rejection and the qualifications, described with particularity, which the applicant has not substantially met.
h. 
All appointments to and terminations from the organization shall be submitted to the Mayor and Council for its review and approval.
[Ord. #900, SI]
The committee and commissioner appointed in compliance with Chapter XXIII, "Police Department," of the Revised General Ordinances of the Borough of Bogota shall also serve as committee and commissioner for auxiliary police.
[Ord. #900, SI]
The election of officers of the ranks as prescribed by the by-laws shall be conducted in accordance with said by-laws. The elections shall be confirmed by the mayor and council.
[Ord. #900, SI]
Auxiliary police equipment shall be used by members of the organization only in the official performance of their duties.
All requisitions for equipment shall be made to and approved by the chief of police.
Nothing in this section shall be construed to authorize or permit members of the auxiliary police to utilize or carry firearms in the performance of their duties hereunder.
[Ord. #900, SI; Ord. #1263, S1]
The auxiliary police shall conduct all meetings in accordance with the bylaws and rules and regulations, as well as all mandates required by all applicable laws, rules, regulations, executive orders, and all other applicable standards and mandates regarding auxiliary police.
[Ord. #900, SI]
It shall be the duty of the captain of the auxiliary police to provide a monthly report of the organization activities to the chief of police who shall report to the commissioner. Such report shall include all details and assignments of the organization as well as any personnel changes within the organization.
[Ord. #900, SI]
The auxiliary police are hereby authorized and required to adopt a code of bylaws and rules for the control, management, and government of the squad for the regulation of the procedures and business of the squad. Such bylaws shall not be effective until approved by the mayor and council.
[Ord. #900, SI]
The auxiliary police shall operate under the authority and supervision of the chief of police who shall represent them. The chief of police may designate one (1) officer from the police department to act as his liaison to the auxiliary police.
[Ord. #900, SI]
The auxiliary police shall assist the police department in compliance with State and Federal Statute as well as the orders, rules and regulations of the governor, under the direction of the chief of police.
[Ord. #1054, SII; Ord. #1262, S1]
The borough shall pay to each member a clothing allowance of no more than three hundred fifty ($350.00) dollars per year. The payment shall be made for the one (1) year period beginning on October 31 of the preceding year and ending on November 1 of the current year. The payment shall be made on or about November 30 of each year to the members who are eligible for reimbursement in accordance with the bylaws and rules and regulations of the auxiliary police. These bylaws and rules and regulations shall include performance-based criteria for the payment to active members of the clothing allowance; provided, however, that the total of all clothing allowances paid to auxiliary police members shall not exceed the amount in the borough's budget for this purpose. The total budget appropriation shall be based upon the number of active auxiliary police members as of January 1 of each year multiplied by one hundred seventy-five ($175.00) dollars per member.
[Ord. #900, SI]
This section shall be known and may be cited as "The Bogota Rescue Squad Ordinance of the Borough of Bogota."
[Ord. #900, SI; Ord. #941, S1; amended by 3-1-2018 by Ord. No. 1505]
This volunteer organization shall consist of not more than 20 members. Such members shall be between the ages of 18 years of age and 80 years of age, citizens of the United States of America, meet an eligibility criteria prescribed in the bylaws, comply with applicable statutory regulations, and be approved for membership pursuant to the bylaws of the rescue squad.
[Ord. #900, SI]
There shall be a committee appointed to be known as the squad committee, to consist of three (3) members of the borough council to be appointed annually, or at any time during the year when the mayor and council shall deem it necessary. The mayor, with the advice and consent of council, shall designate a chairman thereof. The chairman of the committee shall be known as the squad commissioner.
[Ord. #900, SI]
The election of officers shall be conducted in accordance with squad bylaws and shall be confirmed by the mayor and council.
[Ord. #900, SI; Ord. #941, SI]
Rescue squad equipment shall be used by members of the squad in the performance of their duties.
All requisitions for equipment shall be made in accordance with any regulations set forth by the governing body of the Borough of Bogota.
Nothing in this section shall be construed to authorize or permit members of the rescue squad to utilize or carry firearms in the performance of their duties hereunder.
[Ord. #900, SI]
The rescue squad shall conduct one (1) business meeting and one (1) training meeting per month as designated by the organization bylaws.
[Ord. #900, SI; Ord. #941, S1; Ord. #1321, S1]
It shall be the duty of the chief of the rescue squad to provide a quarterly report of the squad activities to the squad commissioner. Such report shall contain all the details and assignments of the squad as well as any changes in personnel within the organization.
[Ord. #900, SI]
The rescue squad is hereby authorized and required to adopt a code of bylaws and rules for the control, management and government of the squad for the regulation of the procedures and business of the squad. Such bylaws shall not be effective until approved by the mayor and council.
[Ord. #1321, S1]
The rescue squad shall operate under the authority and supervision of the chief of the rescue squad, who shall represent the squad.
[Ord. #900, SI; Ord. #941, S1]
The rescue squad shall respond to all emergency situations when requested by the police department and provide for the protection of life and property in that capacity. The rescue squad shall comply with all statutory regulations under the State and Federal laws.
[Ord. #1025, S1; Ord. #1054, SIII; Ord. #1202, S2]
The borough shall pay to each member of the squad a clothing allowance of no more than three hundred fifty ($350.00) dollars per year. The payment shall be made for the one (1) year period beginning on October 31 of the preceding year and ending on November 1 of the current year. The payment shall be made on or about November 30 of each year to the members who are eligible for reimbursement in accordance with the bylaws and rules and regulations of the squad. The squad's bylaws and rules and regulations shall include performance-based criteria for the payment to active squad members of the clothing allowance, provided, however, that the total of all clothing allowances paid to squad members shall not exceed the amount in the borough's budget for this purpose. The total budget appropriation shall be based upon the number of active squad members as of January 1 of each year multiplied by one hundred seventy-five ($175.00) dollars per member.
[Ord. #968, S1]
The mayor and council of the Borough of Bogota do hereby establish the position of chief financial officer of the Borough of Bogota.
[Ord. #968, S2]
Compensation for such official shall be established by the mayor and council in accordance with law, at such time as this position shall be filled and the appropriate salary ordinance is adopted.
[Ord. #968, S3]
The duties, responsibilities and qualifications of such office shall be as is provided by Chapter 110 of the Public Laws of 1988, N.J.S.A. 52:27BB-26, et seq., and by N.J.S.A. 40A:9-140.1 et seq. and as otherwise provided by the mayor and council of the Borough of Bogota.
[Ord. No. 1500]
The mayor and council of the Borough of Bogota do hereby establish the position of payroll and finance specialist.
[Ord. No. 1500]
Compensation for such official shall be established by the mayor and council in accordance with law, at such time as this position shall be filled and the appropriate salary ordinance is adopted.
[Ord. No. 1500]
The duties, responsibilities and qualifications of such office shall be as is provided by the mayor and council of the Borough of Bogota.
[Ord. #1001, SI]
The office of the zoning officer of the Borough of Bogota is hereby created.
[Ord. #1001, SII]
Appointments to the office of the zoning officer shall be made by the mayor, subject to the confirmation by the council of the Borough of Bogota. The term of office shall be one (1) year, which term shall expire on December 31, of each year. A vacancy in the office shall be filled by the mayor, subject to confirmation by the council, for the unexpired term only.
[Ord. #1001. SIII]
a. 
It shall be the duty of the zoning officer to enforce and administer the provisions of the zoning ordinances of the Borough of Bogota, and pursuant to that duty to:
1. 
Discover and ascertain the existence of any violations of the zoning ordinance.
2. 
Investigate, and inspect any alleged violations of the zoning ordinances of the Borough of Bogota, that are within his knowledge or coming to this attention. In this regard, the zoning officer shall, upon due and proper notice, have the right to enter any building or premises during the daytime if necessary to properly execute his duties.
3. 
To prevent further or continued violations of the zoning ordinances of the Borough of Bogota which are known by him to exist, and by every lawful means cause the violators to cease and desist from committing such further violations.
4. 
To prosecute violations of the local zoning ordinance of the Borough of Bogota in the manner provided by State, County or Municipal Law as hereafter may be amended.
b. 
Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the borough, it shall be the duty of the zoning officer to ascertain that the same is done in accordance with the provisions of the local zoning ordinance of the Borough of Bogota and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to, or any land is used in violation of any provision thereof, it shall be the duty of the zoning officer to proceed with the enforcement of the manner herein provide and as otherwise provided by law. The zoning officer is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof, now existing or heretofore or hereafter provided, which may be available to him.
[Ord. #1001, SIV]
Whenever the zoning officer shall ascertain that any of the provisions of the local zoning ordinance are being violated, the zoning officer shall:
a. 
Promptly notify in writing the person who is committing such violation to cease and desist from continuing such violation. This written notice shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for the action. If such violation consists of the construction or erection of an illegal building or structure, the zoning officer shall order the same demolished and the site cleaned or the building or structure removed. If such violation consists of an illegal alteration or conversion of an existing building or structure, he shall order such building or structure restored to a conformed condition. Aforesaid writing shall also notify the violator of the penalties which may be invoked by the borough and the violators rights of appeal as provided for within said ordinances.
b. 
Sign and file a municipal court complain in the manner prescribed by law. The zoning officer shall also institute further proceedings in the superior Court when, in his opinion, the same are warranted, to enjoin said violation and to effect discontinuance thereof. Nothing herein shall prevent any person other than the zoning officer from instituting a complaint for any violation of the local zoning ordinance in the manner prescribed by law.
[Ord. #1001, SV]
In the enforcement of this section the zoning officer may apply to the judge of the municipal court of the Borough of Bogota for a warrant or warrants to search and inspect the properties and premises upon which he has reason to believe based on probable and/or actual cause that a violation of this chapter has taken or is taking place, and upon probable cause shown, the judge may issue such warrants in the manner authorized by law; and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.
[Ord. #1001, SVI]
In addition to the duty of enforcement of the local zoning ordinance and prosecuting the violations thereof, the zoning officer shall:
a. 
Make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is requested prior to the issuance of such permit, in order to ascertain that said occupancy or use will comply with every standard, regulation, and requirement of the local zoning ordinance for such occupation and use.
b. 
After proper inspection and investigation, issue land use permits and certificates of occupancy in appropriate instances and within his jurisdiction.
c. 
Report to the Planning Board/Zoning Board of Adjustment with respect to matters which are properly before the board, and otherwise conduct investigations, report to and be responsible to the mayor and council with respect to matters pertaining to the zone plan and the local zoning ordinance and otherwise within his jurisdiction.
[Amended by Ord. No. 11-2]
d. 
Maintain a permanent record of all matters considered and all action taken by him. These records shall be available for use by the council and other officials of the borough, County and State. The records to be maintained shall include at least the following:
[Amended by Ord. No. 11-2]
1. 
Application files. An individual permanent file of each application for a permit provided for by this section shall be established at the time the application is made. The file shall contain one (1) copy of the application and all supporting documents, maps and plans as well as notations regarding pertinent dates and fees. One (1) copy of the resolution of the Planning Board/Zoning Board of Adjustment in acting on an application and the date the permit applied for was issued or denied by the zoning officer shall also be contained in this file.
2. 
Monthly report. The zoning officer shall prepare a monthly report (of his activities) for the council. This report shall cite all actions taken by the zoning officer including all referrals made by him, as well as the action(s) taken by him. A copy of the monthly report shall be filed with mayor and council of the Borough of Bogota, and same shall be transmitted by the zoning officer to the tax assessor and Planning Board/Zoning Board of Adjustment at the time such report is filed with the mayor and council.
[Ord. #1191, S1]
The Environmental Commission of the Borough of Bogota is hereby established, pursuant to the authority of N.J.S.A. 40:56A-1 et seq. The environmental commission is established for the protection, development, and use of natural resources, including water resources, located within the territorial limits of the borough, and for all other purposes as authorized by State law.
[Ord. #1119, S1]
a. 
The commission shall consist of not less than five (5) and not more than seven (7) members appointed by the mayor. All commission members shall be residents of the borough and shall serve without compensation.
b. 
One (1) of the members shall be a member of the Bogota Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
c. 
Associate members (people who serve as technical advisors) may be appointed by the mayor but shall not have a vote and need not be residents of the borough.
d. 
The mayor shall designate one (1) of the members to serve as chairman and presiding officer of the commission.
[Ord. #1119, S1]
a. 
The full term of office of each commissioner shall be three (3) years; provided, however, that the terms of the commissioners first appointed pursuant to this section shall be as follows: two (2) members shall be appointed for one (1) year; two (2) members shall be appointed for two (2) years; and one (1) member shall be appointed for three (3) years. Thereafter, the successor of each member shall be appointed for the full term of three (3) years and until the appointment and qualification of his or her successor.
b. 
A vacancy occurring otherwise than by an expiration of a term shall be filled for the unexpired term only by the mayor's appointment.
c. 
The mayor may remove any member of the commission for cause, on written charges served upon the member and after a hearing on the charges. At the hearing the member shall be entitled to be heard in person or by counsel.
[Ord. #1119, S1]
The environmental commission shall have the following duties:
a. 
To conduct research into the use and possible use of the open land areas of the borough.
b. 
To coordinate the activities of unofficial bodies organized for similar purposes.
c. 
To advertise, prepare, print, and distribute books, maps, charts, plans, and pamphlets which in its judgment it deems necessary for its purposes, within the limits of funds appropriated to the commission.
d. 
To keep an index of all open areas, publicly and privately owned, including open marshlands, swamps, and other wetlands, in order to obtain information on the proper use of such areas.
e. 
To recommend from time to time to the Planning Board/Zoning Board of Adjustment plans and programs for inclusion in the master plan of the borough for the development and use of the areas indexed pursuant to subsection 2-19.4d.
[Amended by Ord. No. 11-2]
f. 
To study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources, and protection of flora and fauna of the borough.
g. 
To do such other acts and things as are reasonably related to and designed to carry out the purposes and objectives of the commission, including, without limitation, the payment of such clerks or other employees as the commission may from time to time require, within the limits of the funds appropriated to the commission.
h. 
To keep records of the meetings and activities of the commission and to make an annual report to the mayor and council.
[Ord. #1119, S1; amended by Ord. No. 11-2]
Subject to the prior approval of the mayor and council and after favorable recommendation by the Planning Board/Zoning Board of Adjustment, the environmental commission may acquire property, both real and personal, in the name of the borough, by gift, pledges, grants, bequests, devises, or lease, for any of the purposes of the commission, and it shall administer the same for such purposes, subject to the terms of such conveyance or gift. The interest so acquired may be the fee or any lesser interest, development right, easement (including a conveyance on conditions, or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, and limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the borough.
[Ord. #1403]
a. 
There is hereby created the position of purchasing agent for the Borough of Bogota.
b. 
The purchasing agent shall be appointed by the mayor and council.
c. 
The purchasing agent shall possess a valid qualified purchasing agent certificate, as issued by the New Jersey Division of Local Government Services, Department of Community Affairs.
d. 
The purchasing agent shall have, on behalf of the Borough of Bogota, 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 bids 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 State regulatory agencies and conduct any activities as may be necessary or appropriate to the purchasing function of the Borough of Bogota.
e. 
The qualified purchase agent is authorized to award contracts in accordance with N.J.S.A. 40A:11-1 et seq., the Local Public Contracts law, as amended from time to time.
[Ord. #1144, S1]
The position of civilian police dispatcher is hereby created in the Borough of Bogota.
[Ord. #1144, S1]
a. 
The council shall appoint all civilian police dispatchers, with consideration given to the recommendation of the chief of police. All appointments are conditioned upon the satisfactory completion of the training as set forth in subsection 2-21.3c.
b. 
The term of employment for civilian police dispatchers shall be for one (1) year, beginning on the date of the initial appointment, and terminating on December 31 of the same year of the initial appointment. For any subsequent year appointments, the term of employment shall be from January 1 to December 31 each year of reappointment.
[Ord. #1144, S1]
a. 
To be eligible for appointment as a civilian police dispatcher, a person shall:
1. 
Be a United States citizen or an alien authorized to work in the United States, and a resident of the State of New Jersey. Bogota residents will have preference for hiring purposes.
2. 
Be of good moral character; be able to read, write, and speak the English language sufficiently to perform the duties of the position.
3. 
Be in good health, and sound in body and in mind, so that the applicant does not have any disabilities that would prevent him or her from satisfactorily performing the job duties described in subsection 2-21.4.
b. 
Each appointee shall be sworn to faithful performance of the required duties.
c. 
Applicants or new appointees to the position shall complete a period of pre-assignment training of such nature and duration as the chief of police shall find necessary to the performance of the required duties.
[Ord. #1144, S1]
The duties of the civilian dispatchers are as follows:
a. 
Answer incoming telephone calls.
b. 
Where appropriate, inform and dispatch police officers and other emergency personnel to respond to a particular matter.
c. 
The duties of the civilian dispatchers may be altered or changed under the directive of the chief of police, as approved by the mayor and council.
[Ord. #1144, S1]
Civilian police dispatchers shall:
a. 
Adhere to and be governed by all the rules and regulations laid down for the guidance of the police department members, insofar as such rules and regulations are applicable to and consistent with the duties prescribed for civilian police dispatchers .
b. 
Comply with all other applicable ordinances, rules and regulations adopted by the mayor and council, and
c. 
Be governed by all of the contents of the borough's employee manual, where applicable.
[Ord. #1144, S1]
Civilian police dispatchers shall not be a part of nor in any way be deemed members of the Police Department of the Borough of Bogota.
[Ord. #1144, S1]
Each civilian police dispatcher shall be provided with and wear a uniform prescribed by the mayor and council in consultation with the chief of police. The uniform shall include a suitable identifying patch and badge, which shall be different from the patch and badge worn by members of the police department.
[Ord. #1144, S1]
The mayor and council shall have the authority to summarily dismiss any civilian police dispatcher for any reason the mayor and council deem sufficient. The chief of police shall have the authority to discipline, suspend, and to recommend dismissal of a civilian police dispatcher, whenever it is found to be in the best interest of the borough.
[Ord. #1144, S1]
The terms of compensation for the civilian police dispatchers shall be as set forth in the borough's General Salary Ordinance.
[Ord. #1172, S1]
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
ADA
Shall mean the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.
AGENCY
Shall mean the Borough of Bogota.
DESIGNATED DECISION MAKER
Shall mean the Mayor and Council of the Borough of Bogota or its designee.
[Ord. #1172, S1]
a. 
This section is adopted by the borough in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 CFR 35.107.
b. 
The purpose of this section is to establish a designated coordinator whose duties shall include assuring that the borough complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the borough.
[Ord. #1172, S1]
a. 
In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the borough's compliance with the ADA or the availability of accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency:
NOTICE OF ADA PROCEDURE
The Borough of Bogota has adopted an internal grievance procedure providing for prompt and equitable resolution of grievances alleging any action prohibited by the U.S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public entity.
The internal grievance procedure can be found in the Borough Code, Section 2-22. Grievances should be addressed to the borough's designated ADA Coordinator, who has been designated to coordinate ADA compliance efforts, at the following address:
Borough Administrator
A.D.A. Coordinator
Borough of Bogota
375 Larch Avenue
Bogota, New Jersey 07603
b. 
A grievance may be filed in writing or orally, but should contain the name and address of the person filing it, and briefly describe the alleged violation. A form for this purpose is available from the designated ADA coordinator. In cases of employment related grievances, the procedures established by the borough's personnel policies will be followed where applicable.
c. 
A grievance should be filed promptly within thirty (30) days after the grievant becomes aware of the alleged violation. (Processing of allegations of discrimination that occurred before this grievance procedure was in place will be considered on a case-by-case basis.)
d. 
An investigation, as may be appropriate, will follow the filing of a grievance. The investigation will be conducted by the designated ADA coordinator. This section contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a grievance.
e. 
In most cases a written determination as to the validity of the grievance and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the grievant no later than forty-five (45) days after its filing.
f. 
The ADA coordinator will maintain the files and records of the borough relating to the grievances filed.
g. 
The right of a person to a prompt and equitable resolution of the grievance filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of an ADA grievance with the responsible Federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
h. 
This section will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the agency complies with the ADA and implementing Federal rules.
[Ord. #1172, S1]
a. 
The designated coordinator of ADA compliance and complaint investigation for the Borough is:
Borough Administrator
A.D.A. Coordinator
Borough of Bogota
375 Larch Avenue
Bogota, New Jersey
b. 
All inquiries regarding the borough's compliance with the ADA and the availability of any accommodation that would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the borough should be directed to the designated coordinator identified in paragraph a above.
c. 
All grievances alleging that the borough has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in subsections 2-22.5 to 2-22.8 of this section.
[Ord. #1172, S1]
A grievance alleging that the borough has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator within thirty (30) days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the borough's personnel policies, to the extent applicable.
[Ord. #1172, S1]
a. 
A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at subsection 2-22.7.
b. 
A grievance submitted pursuant to this subsection shall include the following information:
1. 
The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;
2. 
The address and telephone number of the grievant or alternate contact person; and
3. 
A description of the manner in which the grievant alleges that ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.
[Ord. #1172, S1]
The following form may be utilized for the submission of a grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: ___________________________
Name of Grievant:
Address of grievant:
Telephone number of grievant:
Name, address and telephone number of alternate contact person:
Where are you alleged to have been denied access?
Department:
Bureau or office:
Location:
Incident or barrier:
Please describe the particular way in which you believe you have been denied the benefits of any service, program, or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of Borough employees involved, if any, as well as names, addresses, and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.
A copy of the above form may be obtained by contacting the designated ADA coordinator.
[Ord. #1172, S1]
a. 
Upon receipt of a grievance submitted pursuant to this section, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than forty-five (45) days from the date of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant.
b. 
Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the borough. The designated decision maker shall render a written decision within forty-five (45) days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.
[Ord. #1196, S1]
The mayor and council hereby creates the position of OSHA respiratory compliance officer.
[Ord. #1196, S1]
The compensation for the officer shall be established by the mayor and council in accordance with law, at such time as the position shall be filled, and the appropriate salary ordinance is adopted.
[Ord. #1196, S1]
The duties, responsibilities, and qualifications of the officer shall be to establish and enforce a program for compliance by the borough with the OSHA respiratory standards for firefighters, borough employees, and other volunteers who may require respiratory protection, pursuant to 29 CFR 1910 et seq. The program shall include all training and information, program evaluations, and recordkeeping as required by law.
[Ord. #1221, S1]
The position of civilian police administrative assistant is hereby created in the Borough of Bogota.
[Ord. #1221, S1]
The mayor shall appoint, with the consent of the council, the civilian police administrative assistant, who shall serve as an employee at will of the Borough of Bogota.
[Ord. #1221, S1]
The civilian police administrative assistant shall perform the administrative duties that are assigned by the chief of police or his or her designee.
[Ord. #1221, S1]
Civilian police administrative assistant shall:
a. 
Adhere to and be governed by all the rules and regulations laid down for the guidance of the police department members, insofar as these rules and regulations are applicable to and consistent with the duties prescribed for civilian police administrative assistant.
b. 
Comply with all other applicable ordinances, rules and regulations adopted by the mayor and council, and
c. 
Be governed by all of the contents of the borough's employee manual, where applicable.
[Ord. #1221, S1]
The civilian police administrative assistant shall not be a part of nor in any way be deemed a member of the police department of the Borough of Bogota.
[Ord. #1221, S1]
The mayor and council shall have the authority to summarily dismiss the civilian police administrative assistant for any reason the mayor and council finds sufficient. The chief of police shall have the authority to discipline, suspend, and to recommend the dismissal of a civilian police administrative assistant whenever it is found to be in the best interest of the borough.
[Ord. #1221, S1]
The terms of compensation for the civilian police administrative assistant shall be as set forth in the borough's salary ordinance.
[Ord. #1238, S1]
The following terms when used in this section shall be defined as set forth in this subsection. Any term that is not defined in this subsection shall be defined in accordance with the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., and the cases decided thereunder.
BOROUGH ATTORNEY
Shall mean the attorney from the Borough of Bogota.
BOROUGH OFFICIAL
Shall mean all appointed or elected employees, agents, officers, and volunteers of the Borough of Bogota.
CIVIL SUIT
Shall mean any civil or administrative action that is pending in: (i) the New Jersey Supreme, Superior, or Tax Courts; (ii) the Courts of the United States; (iii) any other court of competent jurisdiction; and (iv) any State or Federal administrative body or agency, and that is arising out of and directly related to a public official's lawful exercise of his or her authority or duty in the furtherance of the public official's authority or duty.
CLAIM
Shall mean any written or oral expression of the intent of any person to prosecute a criminal offense, institute a criminal proceeding, or file a civil suit against any borough official, either in the borough official's official or individual capacity, for acts, omissions, or events arising out of, or connected, directly or indirectly, with the performance of the borough official's duties.
CRIMINAL OFFENSE
Shall mean any offense that is defined as a crime in the United States or New Jersey Criminal Codes, as well as all quasi-criminal offenses whether defined by Federal or State laws or regulations, or any county or municipal ordinance.
CRIMINAL PROCEEDING
Shall mean any criminal, quasi-criminal, or other law enforcement proceeding that is pending in any State or Federal Court, regarding a criminal offense arising out of and directly related to the public official's lawful exercise of his or her authority or duty in the furtherance of the public official's authority or duty.
GOVERNING BODY
Shall mean the mayor and council of the Borough of Bogota.
[Ord. #1238, S1]
As to civil suits in which a borough official is named as a party, the borough shall defend and/or provide a defense for the borough official, either through the borough attorney or his or her designee, through legal counsel provided by the borough's insurance carrier, or by permitting the borough official to retain legal counsel of the borough official's choosing. If the borough official is authorized by the governing body to retain legal counsel, the borough will pay the reasonable cost of the representation, including investigation, costs, and reasonable legal fees, as further defined in this section.
[Ord. #1238, S1]
As to civil suits in which a borough official is a party, the borough shall indemnify and hold harmless the borough official for all damage awards, verdicts, and any other forms of civil penalty or judgment, unless it is determined that the borough should not be responsible on account of the factors set forth in this section or any other applicable State law.
[Ord. #1238, S1]
The Borough will not provide a defense for borough officials who are charged with criminal offenses. The governing body may, however, authorize the borough to reimburse the borough official for the reasonable cost of the defense of a criminal proceeding, including investigation, costs, and reasonable legal fees, as further defined in this section, provided that the criminal proceeding is dismissed or is finally determined in favor of the borough official.
[Ord. #1238, S1]
The governing body, with the advice of the borough attorney, shall determine what costs, expenses, and legal fees are reasonable under the facts and circumstances of each case in which a borough official is a party. For purposes of this indemnification policy, the borough only will pay or indemnify the borough official for legal fees that are based on reasonable hourly rate, and will not pay retainers to attorneys or investigators. The governing body will determine, on a case by case basis, the reasonable hourly rate to be paid to the legal counsel who is retained by a borough official as authorized by this section.
[Ord. #1238, S1]
Any borough official who receives notice of a claim or is named as a party in any civil suit or criminal proceeding, either in his or her official capacity or in an individual capacity, for events arising out of or connected directly or indirectly with the performance of his or her duty as a borough official shall promptly advise the governing body and the borough attorney of the claim or that action has been commenced, and shall supply to the governing body and the borough attorney a copy of any and all notices and pleadings pertaining to the matter. The borough official shall thereafter cooperate with the appropriate borough agents, attorneys, servants, and employees in effectuating the provisions of this section.
[Ord. #1238, S1]
The borough will not provide a borough official with a defense or indemnification in the following instances:
a. 
If the act or omission of the borough official constitutes a criminal offense, actual fraud, actual malice, willful misconduct, or an intentional or wrongful act or omission.
b. 
If the act or omission of the borough official is outside the scope of the borough official's employment, duties, or official capacity.
c. 
If the act or omission of the borough official does not arise out of and is not directly related to the borough official's lawful exercise of his or her authority or duty in the furtherance of the borough official's authority or duty.
d. 
If the action or proceeding has been brought by the borough itself against the borough official.
e. 
If the borough official has failed to substantially cooperate with the borough and its agents, servants, attorneys, and employees in connection with the matter.
f. 
If it is not deemed appropriate by the governing body pursuant to the provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:10-1, et seq.
[Ord. #1238. S1]
If, pursuant to the terms of this section or any other applicable law, the borough has paid any legal fees, defense costs, or damages on account of a borough official and it is later determined that the payment of same was improper or was disallowed under the terms of this section or any law, then the borough official shall within thirty (30) days of the receipt of the borough's demand reimburse to the borough the full amount of the improper or disallowed payments made by the borough.
[Ord. #1238, S1]
The borough shall not reimburse any borough official for any punitive or exemplary damages, or any damages resulting from the commission of a crime by any borough official. The borough may, however, indemnify a borough official for exemplary or punitive damages if, in the judgment of the governing body, the acts committed by the borough official upon which these damages are based did not constitute actual fraud, actual malice, willful misconduct, or an intentional wrong.
[Ord. #1238, S1]
When the borough provides a defense of a borough official pursuant to this section, the borough may assume exclusive control of the representation of the borough official to the extent permitted by law. If the borough permits the borough official to retain legal counsel, the governing body may limit the extent of the participation of or the payment to the legal counsel if, in the opinion of the governing body, this limitation is reasonable under the circumstances and will not prejudice the borough official.
[Ord. #1238, S1]
Nothing contained in this section shall prevent the borough from bifurcating its treatment as of any claim against any borough official both as to whether and how it will provide a defense and/or indemnification. Accordingly, the borough may provide a defense and/or indemnification for some allegations against a borough official, but not as to others, and may provide the defense in different forms as to different allegations.
[Ord. #1238, S1]
This section is not intended to conflict with any of the provisions of the New Jersey statutes that require the borough to provide for the defense and indemnification of any public officials specified therein, including but not limited to police officers, firefighters, and the municipal clerk. If any of the provisions of this section are in conflict with these statutes, including but not limited to those that apply to police officers (N.J.S.A. 40A:14-155), firefighters (N.J.S.A. 40A:14-28), and the municipal clerk (N.J.S.A. 40A:9-134.1), the provisions of applicable New Jersey statutes, as interpreted by the courts of this State, shall prevail over the terms and conditions of this section, but only to the extent of any inconsistency between the terms of the applicable statute and this section.
[Ord. #1227, Preamble]
Trust fund monies are available to municipalities under the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund.
It is necessary for the borough to authorize a cooperative agreement under the Interlocal Services Act pursuant to N.J.S.A. 40:8A-1 et seq. to participate in the trust program.
The purpose of this section is to authorize a cooperative agreement to establish a legal mechanism through which the borough may apply for, receive, and disperse funds made available to participating municipalities under the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust.
The mayor and council find that it is in the best interest of the borough to enter into such an agreement and no expenditure of funds is required at this time.
[Ord. #1227, S1]
The mayor and clerk are authorized and directed to execute an agreement entitled "An Agreement with the County of Bergen for the Purpose of Participating in the Bergen County Open Space, Recreation, Farmland and Historic Preservation Trust Fund," establishing a legal mechanism for procedures for the borough to apply for, receive and disperse trust funds made available to participating municipalities.
[Ord. #1258, S1]
In this section 2-27 the following definitions shall apply:
BASE YEAR
Shall mean the calendar year 2002.
DEBTS AND LIABILITIES
Shall mean bonds, bond anticipation notes, or contributions into a capital fund.
INDEX
Shall mean the consumer price index for urban wage earners and clerical workers (CPI-w) published by the United States Department of Labor, Bureau of Labor Statistics for New York, New York - Northeastern, New Jersey, or any successor index.
PUBLIC QUESTION
Shall mean a public question as authorized by N.J.S.A. 19:37-1 to -5, or any other applicable law.
[Ord. #1258, S1]
a. 
No municipal budget shall result in a percentage increase in appropriations in excess of the prior year's budget appropriations that exceeds the rate of inflation as measured by the index for the prior calendar year, unless a majority of the voters in the borough has approved a public question authorizing the increase.
b. 
For purposes of calculating the percentage increase, the following expenses shall be excluded: insurance and employee benefit premium increases and solid waste and sanitary sewer disposal fees.
[Ord. #1258, S1]
a. 
The mayor and council shall not, in any manner, create in any fiscal year a debt or debts, liability or liabilities of the borough, which together with any previous debts or liabilities, shall exceed at any time the borough's total outstanding debt as of December 31 of the base year, unless a public question authorizing the debt or liability has been approved by a majority of the voters in the borough.
b. 
No voter approval shall be required for:
1. 
The refinancing of all or a part of the borough's outstanding debts or liabilities, as long as the refinancing provides a debt service savings determined including the anticipated costs associated with the refinancing; or
2. 
The creation of any debts or liabilities for purposes of war, to repel invasion, to suppress insurrection, or to meet an emergency caused by disaster or act of God.
[Ord. #1258, S1]
a. 
The mayor and council shall not adopt any salary ordinance, or approve or authorize the execution of any collective negotiations labor contract, which includes a percentage salary increase in any year that exceeds the rate of inflation as measured by the index for the prior calendar year, nor shall the benefits of employment be augmented, unless a majority of the voters in the borough has approved a public question authorizing the salary increase and/or benefits.
b. 
This provision shall not apply to salary increases or benefits that must be provided in order for the borough to comply with any statute, or any order of any court or administrative agency of competent jurisdiction.
[[1]Added 3-1-2018 by Ord. No. 1506]
a. 
The Borough will allow for either a veteran or surviving spouse of a veteran to obtain municipal property tax relief upon proper claim pursuant to N.J.S.A. 54:4-30 et seq. An "eligible veteran" shall be defined as a member of the armed forces who was either honorably discharged or released under honorable circumstances from active service, in time of war, in any branch of the Armed Forces of the United States, who has been or shall be declared by the United States Veterans' Administration, or its successor, to have a service-connected disability and to be determined to be 100% permanently disabled.
b. 
In order to qualify for the municipal tax exemption, the veteran or someone on his/her behalf, under oath, must file a written claim with the Tax Assessor's office. The Tax Assessor's office will supply the applicant with the appropriate paperwork, and the applicant will be required to provide the Tax Assessor's office with the following information:
1. 
Reason for exemption;
2. 
A description of the property for which the exemption is claimed;
3. 
A certificate of the claimant's honorable discharge or release under honorable circumstances from active service, in time of war, and a certificate/letter from the United States Veterans' Administration, or its successors, certifying to a service-connected disability;
4. 
Any other documentation as required by statute at the time the application is made.
c. 
In order for a surviving spouse of a veteran to qualify for the municipal tax exemption, the spouse, under oath, must file a written claim with the Tax Assessor's office. The Tax Assessor's office will supply the surviving spouse with the appropriate paperwork, and the applicant will be required to provide the Tax Assessor's office with the following information:
1. 
Proof to establish that the spouse is the owner of legal title to the premises on which the exemption is made;
2. 
That the claimant occupies the dwelling house on said premises as the claimant's legal residence in the State of New Jersey;
3. 
That the veteran has been declared by the United States Veterans' Administration, or its successor, to have a service-connected disability or that the veteran shall have been declared to have died in active service in time of war;
4. 
That the veteran is or would have been entitled to the exemption at the time of death;
5. 
The claimant is a resident of the State of New Jersey and has not remarried.
d. 
In determining a grant of a municipal tax exemption under this section, the Borough will prorate the exemption for the remainder of the year in which application is made and accepted by the Borough. Additionally, pursuant to N.J.S.A. 54:4-3.32 the Borough shall refund the veteran or surviving spouse all taxes previously paid for the year in which the application to the Borough is made only, retroactive to January 1 of said year. There shall be no further retroactive refund granted, regardless of the disability date determination of the United States Veterans' Administration.
[1]
Editor's Note: Former section 2-28, previously codified herein and containing portions of Ordinance No. 1297, was repealed in its entirety by Ordinance No. 1333.
[Ord. #1296, S1]
The purpose of this section is to implement the following public question that, on November 8, 2005, was approved by the voters of the Borough of Bogota by a vote of 1408 "yes" to 293 "no:" "Shall the Mayor and Council of the Borough of Bogota adopt an ordinance stating the Borough will not use the power of eminent domain to acquire private property, against the wishes of the property owner, for private development to increase tax ratables or tax revenue derived from the property, and that this power only will be used to acquire private property: (1) when the property is to be opened to the public or for the public's use, or (2) when the acquisition is necessary to eliminate an existing use of the property that inflicts an affirmative harm on society?" The mayor and council adopted a resolution asking this question of the public because, on June 23, 2005, the United States Supreme Court decided the case of Kelo v. City of New London, 125 S. Ct. 2655 (2005). The Court's 5 to 4 majority affirmed the use of the governmental power to condemn property, known as eminent domain, to acquire privately-owned property against the owner's will, and then transfer the property to a developer for private redevelopment, only because the proposed redevelopment will provide increased tax revenue. The principal dissenting opinion, authored, by Justice Sandra Day O'Connor, would permit governments to condemn and then transfer condemned property to private parties in only two (2) circumstances: when (as with railroads) the property is to be opened to the public's use, or when the condemnation is necessary to eliminate an existing use of the property that "inflict(s) affirmative harm on society." Accordingly, the mayor and council adopted a resolution asking the legal voters of the borough to express their views on a proposed ordinance that would limit the borough's power to condemn and acquire property, as suggested by the dissenting Justices in the Kelo case.
[Ord. #1296, S1]
In this Section 2-29, the following definitions shall apply:
BOROUGH
Shall mean the Borough of Bogota.
EMINENT DOMAIN
Shall mean the power of the borough, whether authorized by statute, rule or regulation, or otherwise, to take or acquire private property and put it to public use through the legal process called condemnation.
MAYOR AND COUNCIL
Shall mean the duly elected mayor and council of the Borough.
[Ord. #1296, S1]
The mayor and council of the borough shall not adopt an ordinance or resolution using the borough's power of eminent domain to acquire private property against the wishes of the property owner for private development to increase tax ratables or tax revenue derived from the property, and this power only will be used by the borough to acquire private property: (1) when the property is to be opened to the public or for the public's use, or (2) when the acquisition is necessary to eliminate an existing use of the property that inflicts an affirmative harm on society.
[Ord. #1351, S1]
Unless excepted by the provisions N.J.S.A. 43:15C-1 et seq., the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Municipal administrator
b. 
Superintendent of department of public works
c. 
Municipal attorney
d. 
Municipal prosecutor
e. 
Municipal engineer
f. 
Municipal court judge
[Ord. #1351, S2]
Individuals serving in the following positions are exempt from the Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
a. 
Certified health officer
b. 
Tax collector
c. 
Chief municipal finance officer
d. 
Construction code official
e. 
Qualified purchasing agent
f. 
Tax assessor
g. 
Municipal planner
h. 
Registered municipal clerk
i. 
Licensed uniform subcode official
j. 
Principal public works manager
k. 
Municipal court administrator
[Ord. #1351, S3]
If an individual is appointed to one of the positions listed in subsection 2-30.1 and the individual is not serving in a position as described in subsection 2-30.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
a. 
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or
b. 
Has been appointed pursuant to a valid promotional process; or
c. 
Is appointed on a temporary, interim or "acting" basis to a position requiring State certification as set forth in subsection 2-30.2 herein, and is in pursuit of the required certification; or
d. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pension and Benefits.
[Ord. #1351, S4]
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 Pension and Benefits.
[Ord. #1368]
Smoking is prohibited on all portions of the following Borough-owned properties both indoors and outdoors at all times:
a. 
Borough Hall
b. 
Bogota Library
[Ord. #1368]
a. 
Any person who violates this section shall appear before the borough municipal court and shall be subject to punishment as follows:
1. 
First offense: up to fifteen (15) hours of community service at a place designated by the municipal court.
2. 
Second offense: up to thirty (30) hours of community service in a place designated by the municipal court and/or a fine up to one hundred ($100.00) dollars.
3. 
Third and subsequent offense: up to fifty (50) hours of community service in a place designated by the municipal court and/or a fine up to two hundred fifty ($250.00) dollars.
b. 
Community service may include participation in a nonsmoking educational or support program approved by the municipal court.
[Ord. #1402]
a. 
Persons seeking to be married or joined in civil union by the mayor of the Borough of Bogota anywhere in the State of New Jersey shall pay to the Borough of Bogota a fee payable by check or money order at the time of the ceremony as follows:
1. 
For all weddings within the Borough of Bogota:
(a) 
One hundred ($100.00) dollars if the wedding is scheduled more than fifteen (15) days or greater prior to the wedding date;
(b) 
One hundred twenty-five ($125.00) dollars if the wedding is scheduled between eight (8) and fourteen (14) days inclusive prior to the wedding date;
(c) 
One hundred fifty ($150.00) dollars if the wedding is scheduled seven (7) days or less prior to the wedding date.
2. 
Regardless of when the wedding was scheduled two hundred ($200.00) dollars for all weddings taking place outside of the Borough of Bogota.
b. 
The mayor must submit the fee to the borough clerk within five (5) days of conducting the ceremony.
c. 
The payment of one hundred ($100.00) dollars and the funds will then be deposited into the current fund under MRNA (Miscellaneous Revenue — Not Anticipated) in accordance with law.
[Ord. #1391]
a. 
The Borough of Bogota recognizes the need to bill patients for the provision of emergency medical services and transportation to aid in the provision of those services.
b. 
No person requiring emergency medical services and/or transportation shall be denied services due to a lack of insurance or ability to pay levied charges.
c. 
Whereas the Bogota Volunteer First Aid and Emergency Squad is funded by local taxation, it is in the best interest of the residents of Bogota to establish a policy for EMS billing in accordance with the Health Care Finance Administration (HCFA) guidelines (as same may be from time to time amended or supplemented) so that individuals who are legally domiciled in the Borough of Bogota will not be responsible for the payment of any uninsured out-of-pocket expenses.
[Ord. #1391]
a. 
The Bogota Volunteer First Aid and Emergency Squad shall obtain the necessary licensure from the New Jersey State Department of Health to provide emergency medical services and transportation (the "program"). The Bogota Volunteer First Aid and Emergency Squad is a department of the Borough of Bogota.
b. 
The Borough of Bogota shall apply for a provider number from the Federal and State Medicare/Medicaid Programs, enabling the municipality to institute a third-party payment plan (the "payment plan") for provided services.
c. 
All patients, whether or not a legal domiciliary of the Borough of Bogota, and/or their financially responsible parties, insurers or carriers, will be billed for emergency medical services and transportation provided by the Bogota Volunteer First Aid and Emergency Squad, according to a fee schedule established by the mayor and council of the Borough of Bogota.
d. 
A patient who receives emergency medical services or transportation form the Bogota Volunteer First Aid and Emergency Squad is obligated, at the time of service or as soon as practicable thereafter, to provide the Bogota Volunteer First Aid and Emergency Squad with all pertinent identification, insurance and/or payment information to facilitate the borough's billing of third-party payment sources for services rendered. The borough may, at its option, and shall, where required by law, bill insurers or carriers on a patient's behalf and accept payment on an assignment basis.
e. 
All patients who are not legally domiciled in the Borough of Bogota shall be liable for any copayment or deductible amounts not satisfied by public or private insurance, and the borough shall make reasonable collection efforts for all such balances according to the most current rules or regulations set forth by applicable Health Care Financing Administration Federal policies and regulations. The borough may bill any applicable co-insurance carriers for such amounts. Exceptions include only those instances where the borough has knowledge of a particular patient's indigence or where the borough has made a determination that the cost of billing and collecting such copayments or deductibles exceeds or is disproportionate to the amounts to be collected.
f. 
The borough shall not bill any individual legally domiciled in the Borough of Bogota for any fee, balance, deductible, or copayments not satisfied by public or private insurance, including Medicare/Medicaid, nor will the borough bill an individual legally domiciled in the Borough of Bogota for emergency medical services, provided that individual is not covered by private or public insurance.
g. 
The Borough of Bogota may, either directly or through any third-party billing agency with which it has contracted for billing and/or collections for emergency medical services, make arrangements with patients and/or their financially responsible party for installment payments of bills or forgive any bill or portion thereof, so long as the borough determines that:
1. 
The financial condition of the patient requires such an arrangement; and
2. 
The patient and/or financially responsible party has demonstrated a willingness to make good-faith efforts towards payment of the bill.
h. 
A patient who has received emergency medical or transport services from the Bogota Volunteer First Aid and Emergency Squad, including an individual legally domiciled in the Borough of Bogota, for whom the Borough of Bogota has not received payment from a third-party payer on assignment, and who receives payment directly from a third-party payer for emergency medical services rendered by the Bogota Volunteer First Aid and Emergency Squad, is obligated to remit such monies to the borough in the event the borough has not been paid for services rendered. Patients who do not remit such monies may be held liable for costs of collection in addition to the charges for emergency medical services rendered.
i. 
The Borough of Bogota shall be authorized to enter into contracts with area hospitals that provide advanced life support (ALS) services to patients that are transported by the Bogota Volunteer First Aid and Emergency Squad. This will allow the hospitals to bill for all emergency medical services and, if so agreed, timely reimburse the borough for its transportation costs within forty-five (45) days of receiving payment.
[Ord. #1391]
a. 
The Borough of Bogota is hereby authorized to enter into a contract with a third-party billing agency for performance of EMS billing and collection services; provided, however, that the following standards for such third-party billing contracts are met:
1. 
The third-party billing agency has in place a compliance program conforming to standards set forth in the office of Inspector General's Compliance Program Guidance for Third-Party Medical Billing Companies, 63 Federal Register 70138, as amended.
2. 
Neither the billing agency nor any of its employees are subject to exclusion from any State or Federal health care program.
3. 
The billing agency is bonded and/or insured in amounts satisfactory to the Borough of Bogota.
b. 
A detailed listing of patients who utilize emergency medical services and/or transport provided by the Bogota Volunteer First Aid and Emergency Squad will be compiled by the Borough of Bogota. This information will be transmitted to the third-party billing agency. The information will be subject to the confidentiality requirements of applicable law. This information will include, at a minimum, the following:
1. 
Name, address, and telephone number of patient.
2. 
Name, address and claim number of insurance carrier, if applicable.
3. 
Date, time and EMS chart number.
4. 
Point of origin and destination.
5. 
Odometer reading at point of pickup and destination.
6. 
Reason for transport/patient's compliant/ current condition.
7. 
Itemization and description of services provided and charges.
8. 
Signature of the patient or authorized decision maker.
9. 
Name of receiving physician.
10. 
Name, titles, and signatures of ambulance personnel, when possible.
c. 
The third-party billing agency shall obtain the information from the Bogota Volunteer First Aid and Emergency Squad and will bill the patient and/or his/her financially responsible parties, insurers or carriers, according to the fee schedule established herein; provided, however, that the third-party billing agency shall not bill any individual legally domiciled in the Borough of Bogota for any fee, balance, deductible, or copayments not satisfied by public or private insurance, including Medicare/Medicaid, nor will the borough bill an individual legally domiciled in the Borough of Bogota for emergency medical services or transport, provided that individual is not covered by private or public insurance.
d. 
The fee for emergency medical services, transport miles per trip and nontransports where aid is provided shall be established by the mayor and council.
e. 
The mayor and council shall review the fees for services listed in paragraph d above annually and adjust said fees based on the recommendations of the borough administrator and the chief financial officer and in accordance with the federally approved Medicare fee schedule.
f. 
The Borough of Bogota may, in its discretion, bill additionally for material, vehicle, and personnel costs in the case of major or unique incidents.
g. 
The borough administrator may promulgate rules and regulations pursuant to and not inconsistent with this chapter, State and Federal law, and such rules and regulations, which rules and regulations shall become effective upon approval by resolution of the governing body of the Borough of Bogota.
[Ord. #1458 § 1]
All full and part time employees and elected public officials who receive compensation from the Borough of Bogota are mandated to have direct deposit of their compensation as of May 1, 2015 in accordance with Chapter 28 P.L. 2013, as defined under C. 52:14-15f(b).
[Ord. #1458 § 2]
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Borough of Bogota Administrator for an emergency or extra-ordinary circumstance. If approved, such requests may then be presented to the Borough Chief Financial Officer.
[Ord. No. 1482]
Effective May 1, 2016, the Borough of Bogota will no longer accept cash payments. All payments shall be in the form of a personal check, certified check or money order. The Recreation Committee does accept credit cards for its registration and rental fees. All checks returned due to insufficient funds will result in a twenty-five ($25.00) dollar returned check fee, plus ten ($10.00) dollars for processing. All non-recurring fees that are under two ($2.00) dollars, such as copies for OPRA requests, individual items at the Borough Concession Stand, or police report costs, are excluded. Borough vending machines, public library book fines and coin-operated copiers are exempt.