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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 380-95 § 1A-1]
This chapter shall be known and may be cited as the "Administrative Code of the City of Wildwood" and is sometimes referred to in this chapter as the "code."
[Ord. No. 380-95 § 1A-2.1]
The board of commissioners of the City of Wildwood shall consist of three commissioners who shall be elected at large by the voters of the city at a regular municipal election and who shall serve for a term of four years beginning on the first Tuesday following their election.
[Ord. No. 380-95 § 1A-2.2; Ord. No. 438-97 § 5]
All of the executive, administrative, judicial and legislative powers of the City of Wildwood shall be vested in the board of commissioners.
[Ord. No. 380-95 § 1A-2.3]
a. 
Regular Meetings. The board of commissioners shall organize on the first Tuesday following the regular quadrennial municipal election. At that meeting, or as soon thereafter as practical, the board of commissioners shall create, condemn or abolish all subordinate boards and appoint any officers that it deems necessary for the proper and official conduct of the affairs of the City of Wildwood. After the organization meeting, the board of commissioners shall meet regularly at least twice a month on dates to be determined by resolution of the board. When the time for any regular meeting of the board falls on a legal holiday as prescribed by law, the meeting shall be held at the same hour on the next succeeding day which is not a legal holiday.
b. 
Special Meetings. Special meetings of the board of commissioners may be held on call of the mayor or any two commissioners in accordance with the provisions of R.S. 40:72-13.
c. 
Procedure. Except in cases where the board of commissioners provides otherwise by resolution, the proceedings at the meetings of the board shall be conducted in accordance with Roberts Rules of Order. The city solicitor shall be ex officio parliamentarian and shall be prepared, at the request of any member of the board of commissioners, to give his opinion on any question of procedure.
d. 
Attendance. All regular and special meetings of the board of commissioners shall be open to the public. The city solicitor, the clerk and any other municipal officer or employee whose presence shall be required by resolution of the board of commissioners shall attend such meetings.
e. 
Rules of Procedure. The board of commissioners shall provide rules of procedure by resolution. Such rules may amplify but shall not be inconsistent with the provisions of this code.
[Ord. No. 380-95 § 1A-2.4]
The board of commissioners may convene at any time in informal conference for the study of municipal business or to plan for the agendas of its future meetings as permitted by the Open Public Meetings Act. No persons other than those specifically invited by the board to attend shall be permitted to be present at any such conference.
[Ord. No. 380-95 § 1A-2.5]
A majority of all members of the board of commissioners shall constitute a quorum at any regular or special meeting in accordance with N.J.S. 40:72-14, but a lesser number than a quorum may adjourn the meeting. If no member of the board is present one-half hour after the appointed time of any meeting, the clerk shall adjourn the meeting.
[Ord. No. 380-95 § 1A-2.6]
The agenda for each regular and special meeting of the board of commissioners shall be prepared by the clerk. Except for emergency matters which may be added at any time, the agenda for each regular meeting of the board shall include only such matters of business as have been presented or delivered to the clerk not later than 24 hours preceding the meeting. As soon as the agenda for each meeting is prepared, the clerk shall deliver a copy to each commissioner and to the city solicitor.
[Ord. No. 380-95 § 1A-3.1]
At the first meeting after their election, the commissioners shall choose one of their number to preside at all meetings of the board and he shall be designated mayor in accordance with N.J.S. 40:72-10.
[Ord. No. 380-95 § 1A-3.2; Ord. No. 579-02 § 1]
The mayor shall be president of the board of commissioners and shall preside at all meetings. He shall supervise all departments and report to the board, for its action, all matters requiring the attention of the board or of any department. He shall not have the power to veto any measure.
a. 
The mayor may designate a member of the board of commissioners to act as deputy mayor in the event the mayor is unavailable due to illness, prior commitment, vacation or is otherwise unavailable.
[Ord. No. 380-95 § 1A-4.1]
There shall be a clerk of the City of Wildwood appointed by the board of commissioners for a term of three years. The person so appointed, shall, prior to his appointment, be qualified by training and experience to perform the duties of his office.
[Ord. No. 380-95 § 1A-4.2]
The clerk shall perform the duties set forth in N.J.S. 40A:9-133 including the following:
a. 
Perform all of the functions required of municipal clerks by the General Election Law (Title 19 of the New Jersey Revised Statutes) and any other state law or city ordinance, and receive the fees prescribed under such law or ordinance for the use of the city.
b. 
Issue all licenses required by law or ordinance and faithfully make all reports required by law or ordinance to the board of commissioners for all fees received.
c. 
Be the custodian of the official seal of the city and, when authorized by resolution of the board of commissioners, affix the seal to proper documents to which the city is a party and attest to the execution of such documents, as well as to the signature of the mayor or other proper officials on such documents.
d. 
Ensure that all ordinances and notices of the city are properly advertised.
e. 
Assume the responsibility for all the correspondence of the city and of the board of commissioners.
f. 
Be the depository and custodian of any official surety bonds furnished by or on account of any officer or employee except his own bond (which shall be placed in the custody of the comptroller); of all insurance policies with respect to risks insured for the benefit of the city or to protect it from any claim, demand or liability what-so-ever; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the city may be a party.
g. 
Be the depository for and custodian of all performance bonds running to the city as obligee or any other form of security given by any contractor, subdivision developer or other person on account of work to be done in or for the city.
h. 
Have custody of all leases of property owned by the city.
i. 
Report to the board of commissioners, at such time as the board may require, on the coverage, expiration date and premium of each surety bond and contract of insurance, the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
j. 
Have any other different additional functions, powers and duties as may be prescribed by law or ordinance.
[Ord. No. 380-95 § 1A-5.1]
The administrative functions, powers and duties of the board of commissioners shall be allocated among the following departments:
a. 
Department of revenue and finance.
b. 
Department of public affairs and public safety.
c. 
Department of parks, public property and public works.
[Ord. No. 380-95 § 1A-5.2; Ord. No. 438-97, § 9; Ord. No. 974-13]
At the first regular meeting after the election of its members, the board of commissioners shall designate by majority vote one commissioner to be director of each department. At such meeting, the board of commissioners shall examine the various departments and divisions within departments and shall by resolution make such reallocation of divisions within departments as they deem desirable. When such reallocation has been duly made by resolution, the divisions so allocated shall be deemed to fall within the departments to which they have been so allocated, notwithstanding any other provision of this code. The board of commissioners may, from time to time, reallocate the divisions among departments as they deem desirable. Such reallocation may be made by resolution during any regularly scheduled meeting of the governing body. The director of each department may, from time to time, create and reallocate divisions within his or her department.
[Ord. No. 380-95 § 1A-5.3; Ord. No. 438-97 § 6]
The board of commissioners shall determine the powers and duties to be performed by each department and shall assign each department the powers and duties which it deems appropriate. The board shall prescribe the powers and duties of all officers and employees and may assign particular officers and employees to one or more departments and may require any officer or employee to perform duties in two or more departments if the work required in each department is similar in character. The board of commissioners may make such rules and regulations as are necessary and proper for the efficient and economical conduct of the business of the city within the provisions of subtitle 4 of N.J.S.A., Title 40.
[Ord. No. 758-09 § 1; Ord. No. 800-10; Ord. No. 854-11]
a. 
Office Created. There is hereby created the office of municipal administrator to coordinate the administrative affairs of the City of Wildwood, and to have such powers and to receive such compensation as hereinafter provided.
b. 
Appointment. The appointment to the office of municipal administrator shall be made by the board of commissioners and shall be for a term of office at the pleasure of the board of commissioners of the City of Wildwood.
c. 
Compensation. The municipal administrator shall receive annual compensation as determined by the current Salary Ordinance, and shall enjoy those applicable benefits as provided in Code of the City of Wildwood as well as the Personnel Manual of the City of Wildwood.
d. 
Removal from Office. The municipal administrator may be removed for cause by a two-thirds (2/3) vote of the board of commissioners.
e. 
Office to Be Filled by Resolution of the Board of Commissioners. The office of municipal administrator may be filled by resolution on either a full-time or part-time basis as may be determined by the board of commissioners to be in the best interests of the city.
f. 
Qualifications. The municipal administrator shall, at a minimum, be experienced in local government affairs and administration, as well as have demonstrated managerial skills, ability and experience.
g. 
Duties.
1. 
The municipal administrator shall be the chief appointed administrative officer of the city, and shall coordinate the administrative affairs and administration of all borough departments, officers, employees, agencies and agents, of the city. In addition, the municipal administrator shall specifically:
(a) 
Be responsible for the coordination of the municipal budget process;
(b) 
Be responsible to carry out all city policies and procedures duly established by the board of commissioners, and to require compliance in accordance therewith;
(c) 
Sign each departmental personnel transaction, which signature shall confirm compliance with all duly established rules and regulations and that said transaction is otherwise proper in all respects prior to any final action being authorized by each appointing authority or as necessary or required by the full governing body;
(d) 
Report directly to the board of commissioners from time to time as directed by the board, and shall act as liaison to the board with all federal, state, and local agencies and offices;
(e) 
Coordinate the maintenance of a sound personnel system, inclusive of all policies and administrative practice appertaining thereof;
(f) 
Serve as public information officer for the dissemination/communication of all duly established municipal ordinances, resolutions, and all other rules and regulations, including the preparation of any press releases in accordance therewith;
(g) 
Be responsible for the administration of the Joint Insurance Fund (JIF) insurance program for the city;
(h) 
Serve as the issuing authority for all permits upon approval, as necessary or required, by the board of commissioners.
2. 
The municipal administrator shall have responsibility to and duties regarding all agencies, departments and offices within the City of Wildwood.
3. 
All other duties and responsibilities as assigned from time to time by resolution of the governing body.
[Ord. No. 380-95 § 1A-6.1]
The director of the department of revenue and finance shall supervise the work of the department and its divisions.
[Ord. No. 380-95 § 1A-6.2; Ord. No. 438-97 §§ 7, 7.1, 8]
a. 
Creation of Office. The office of chief financial officer is hereby created in and for the City of Wildwood pursuant to the provisions of N.J.S.A. 40A:9-140.10 P.L. 1991, C. 175. He shall possess the qualifications set forth therein. He shall serve for a term of four years which shall commence January 1 of the year in which he is appointed.
b. 
Appointment. The chief financial officer shall be appointed by the board of commissioners and shall serve in accordance with the provisions of N.J.S.A. 40A:9-140.1.
c. 
Supervision. The chief financial officer shall at all times be under the supervision of and responsible to the director of revenue and finance in all actions relative to the duties and responsibilities of said office to the extent not prohibited by law.
d. 
Duties. Chief financial officer shall be responsible for the financial administration of the city including compliance with the following statutes and directives promulgated by the local finance board:
Local Government Supervision Act, N.J.S.A. 52:27BB, et seq.;
Local Bond Law, N.J.S.A. 40A:2-1, et seq.;
Local Budget Law, N.J.S.A. 40A:4-1, et seq.;
Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 et seq.;
Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.;
Technical Directives: General ledger, fixed assets, encumbrance system.
Also shall be responsible for other statutes, rules and regulations promulgated by the Director of the Division of Local Government Services, the local finance board, or any other state agency, pertaining to the financial administration of the city.
e. 
Compensation. The chief financial officer shall receive as compensation the amount set forth in the salary ordinance for that position.
[Ord. No. 380-95 § 1A-6.4]
There shall be an account to be designated the City of Wildwood Payroll Account. The chief financial officer, on receipt of a check for an amount due the payroll account, shall deposit it to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by payroll checks signed by the chief financial officer or, in the chief financial officer's absence, by the clerk upon pre-audit by the chief financial officer and approval by the board of commissioners of the entire payroll. In case of error or adjustment in the payroll, the chief financial officer shall make proper correction and appropriate record thereof.
[Ord. No. 380-95 § 1A-6.5; Ord. No. 438-97 § 10]
a. 
Appointment; Qualification. There shall be a tax assessor appointed by the director of the department to which this office has been assigned. He shall serve for a term of four years from the first day of July next following his appointment. He shall be qualified as required by N.J.S.A. 54:1-35.25 et seq. and shall hold a tax assessor's certificate. The tax assessor shall be appointed in accordance with N.J.S.A. 40A:9-146.
b. 
Tenure. A person reappointed to office, after receiving a tax assessor certificate, and thereafter serving in office for four consecutive years, shall be entitled to tenure pursuant to N.J.S.A. 54:1-35.31.
c. 
Powers and Duties. The assessor shall:
1. 
Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal assessor.
2. 
Make assessments for benefits for local improvement and for that purpose have and exercise the powers and duties of a board of assessment for local improvement as provided by law.
3. 
Maintain adequate assessment records of each separate parcel of real property assessed or exempted.
4. 
Maintain a current tax map of the city as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of other departments as provided by the code.
5. 
Report to the board of commissioners as to equalization proceedings and other matters involving the county tax board and make recommendations as to action to be taken in that regard.
[Ord. No. 380-95 § 1A-6.6; Ord. No. 438-97 § 10]
a. 
Creation of Office. The office of municipal tax collector is hereby created in and for the City of Wildwood pursuant to the provisions of N.J.S.A. 40A:9-141 et seq.
b. 
Appointment; Term; Vacancy; Removal from Office.
1. 
The municipal tax collector shall be appointed by the board of commissioners and shall serve for a term of four years from the first day of January next following his appointment.
2. 
Any vacancy in the office of the municipal tax collector shall be filled per N.J.S.A. 40A:9-142.
3. 
In the event of the absence or disability of the duly appointed municipal tax collector, the municipal clerk shall perform the duties of that office during each absence or disability. Such absence or disability shall be limited to three months after which time such absence or disability may be deemed a vacancy.
4. 
The municipal tax collector shall not be removed from office except in accordance with N.J.S.A. 40A:9-145.8, which statute is incorporated herein by reference.
c. 
Duties. It shall be the duty of the municipal tax collector to collect taxes upon real and personal property in the city.
d. 
Salary. The municipal tax collector shall receive as salary such sums as may be fixed and adopted by the board of commissioners in the annual salary ordinance.
[Ord. No. 380-95 § 1A-6.7]
Within the department of revenue and finance there shall be a water utility division, the head of which shall be the superintendent of the water utility. Except as otherwise specifically provided, the superintendent of the water utility shall exercise general supervision and control and be in direct charge of the water supply system of the City of Wildwood, including all physical plants and property connected with the system. The supervision and control shall be subject to the provisions of this chapter and Chapter 10 of the revision, and any other ordinance or resolution which may be passed from time to time by the board of commissioners. The powers granted by this subsection shall include, but shall not be limited to:
a. 
Having charge of all books and records of the water utility.
b. 
Billing and making collections of all charges, fees and rentals for the sale, distribution and use of water, including the opening of any street or sidewalk for the introduction or changing of water supply facilities.
[1]
Editor's Note: Former subsection 1A-6.8, Purchasing Agent, previously contained herein was relocated to subsection 1A-7.5 by Ordinance No. 428-97.
[Ord. No. 380-95 § 1A-7.11; Ord. No. 438-97 § 12]
a. 
Director. The purchasing agent shall also serve as the director of personnel. He shall serve under the direction of the director of public affairs and public safety and shall have duties as set forth below:
b. 
Duties. Specifically, the duties of the personnel director shall include, but shall not be limited to, the following:
1. 
Conduct field investigations concerning procedures, complaints, grievances or other personnel matters.
2. 
Interview employees and applicants for municipal employment positions.
3. 
Prepare reports and correspondence in connection with personnel work.
4. 
Prepare civil service personnel forms.
5. 
Prepare salary surveys.
6. 
Process social security applications and act as social security liaison, preparing such reports as might be required therefor.
7. 
Assist employees with pension procedures.
8. 
Provide all reports, applications and other work as is required to comply with the State of New Jersey, Department of Civil Service requirements.
9. 
Prepare job specifications.
10. 
Conduct desk audits and other reviews of positions and classes of positions to determine the scope and character of duties and responsibilities for each employee and employee position.
11. 
Prepare and maintain individual personnel files.
12. 
Examine, analyze and recommend optimum organizational structure.
13. 
Maintain records and files.
14. 
Perform any and all other duties relating directly or indirectly to the employment of personnel by the city.
c. 
Qualifications. The personnel director shall have qualifications and experience as follows:
1. 
Degree in personnel management or relations, or a related field, from a four year course at an accredited learning institution, or, in the alternative, work experience in personnel management on the basis of two years experience for every one year of formal education.
2. 
Knowledge of the fundamental principles of position classification and application to employment situations.
3. 
Knowledge of the laws of the State of New Jersey, the regulations of the Department of Civil Service and the laws of the United States of America as they relate to the varied personnel activities.
4. 
The personnel director shall have proven capabilities as follows:
(a) 
To organize technical responsibilities.
(b) 
To develop effective employee work methods.
(c) 
To comprehend and interpret basic law and regulations.
(d) 
To coordinate effectively with employees, management, and elected officials.
(e) 
To prepare lucid, accurate and informative statistical data and other reports relating to personnel and employment activity and problems.
(f) 
To formulate and develop comprehensive personnel programs for the city.
(g) 
To maintain essential personnel records and files.
5. 
The personnel director shall possess good health, free from any physical and mental defects which would impair the proper performance of the required duties of the position.
[Ord. No. 380-95 § 1A-6.9; Ord. No. 438-97 § 13]
Within the department of revenue and finance there shall be a division of accounts and control under the direction and supervision of the director of revenue and finance and under the management of the chief financial officer, the division shall:
a. 
Maintain and operate the city's central bookkeeping and accounting records according to sound accounting principles and in accordance with the requirements of the Director of State Division of Local Government Service.
b. 
Audit all receipts and disbursements of the city government and of each of its departments and pre-audit all bills, claims and demands against the city, including payrolls, and require each department head to certify that any materials, supplies and equipment have been received and accepted as specified and that the services have been duly rendered.
c. 
Control all expenditures to assure that budget appropriations are not exceeded and maintain such books and records as may be required for the proper exercise of such budgetary control, and to assure adherence to the system for the payment of vouchers, claims and warrants established by the ordinance establishing the procedure to be followed in the payment of claims against the city and any amendments thereto.
d. 
Review each proposed expenditure and commitment under an encumbrance system to be made on behalf of any department in conformity with state law, the charter and the ordinances of the city and authorize only such expenditures and commitments as conformed to all the requirements of the Administrative Code.
e. 
Install, operate and maintain a central payroll system and all social security, pension and insurance records for personnel of all departments.
f. 
Supervise, administer and audit the collection of all revenues generated by the parking meters of the city.
g. 
Submit a monthly report to the board of commissioners of revenues, expenditures, including payroll expenditures, cash balances and investments held, including, in the case of cash balances and investments, the name of the depositories, type of account or investment, date of maturity, interest rate and location of investments held for safekeeping.
h. 
Present twice each month to the board of commissioners a copy of the payroll register for all employees of the city.
i. 
Immediately report to the board of commissioners any defaults, delinquencies or official misconduct on the part of any officer or employee of the city.
j. 
Upon the death, resignation, removal or expiration of the term of office of any officer or person who by law is or may be authorized to receive or disburse the funds of the city, audit and examine the accounts of that officer or employee and report the condition of his business to the board of commissioners.
[Ord. No. 380-95 § 1A-7.1; Ord. No. 438-97 § 3h]
The director shall supervise the work of the department and its divisions and shall, subject to the approval of the board of commissioners, make rules and regulations for the various divisions assigned to the department. He shall be the municipal authority hereby designated to oversee the police department and perform those functions designated in N.J.S.A. 40A:14-118. Said director shall be responsible for adopting rules and regulations governing the conduct of the police department and its members and its discipline of such members. Moreover, said director shall be the "appropriate authority" to conduct investigations of the police force, and shall have the power to examine the operations of the police force and the performance of any law officer therein, as well as the power to issue special directives concerning the police function in emergency situations.
Notwithstanding the above, except as otherwise provided by law, no permanent member or officer of the police department shall be removed from his office or employment or position for political reasons or any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the police department and force, no such member or officer shall be suspended, removed, fined or reduced in rank from an office, employment, or position therein, except for just cause as herein provided, and then only upon a written complaint setting forth the charge or charges against such member. The complaint shall be filed in the office of the body, officer or officers having charge of the department or force, wherein a complaint is made, and a copy shall be served upon the member/officer so charged with notice of a designated hearing. The filing of the complaint and processing of the same shall be subject to the provisions of N.J.S.A. 40A:14-147.
[Ord. No. 380-95 § 1A-7.2; Ord. No. 438-97 §§ 3, 4; Ord. No. 445-97 §§ 1-8; Ord. No. 541-01 § 1; Ord. No. 552-01 §§ 1,2; Ord. No. 556-01; Ord. No. 583-03 § 1; Ord. No. 611-04 § 1; Ord. No. 625-04 § 1; Ord. No. 795-10]
a. 
Composition.
1. 
Police department created. Within the department of public affairs and public safety there is hereby created in and for the City of Wildwood, a police department which shall consist of a chief of police and such members and officers as shall be deemed necessary by the director of public affairs and public safety, who shall, from time to time, determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions together with their compensation consistent with the provisions of N.J.S.A. 40A:14-118.
2. 
Full-time police officers. Full-time police officers in the Wildwood Police Department are as follows:
(a) 
One police chief
(b) 
One deputy police chief
(c) 
One captain
(d) 
One lieutenant
(e) 
Five sergeants
(f) 
38 patrolmen
b. 
Training Required. No person shall be given a permanent appointment as a police officer in the city unless he has successfully completed a police training course and other educational requirements as mandated by the Police Training Act N.J.S.A. 52:17B-66 et seq. No person shall be appointed to the police department who is not qualified as provided in the New Jersey Statutes. The appropriate authority may also require that an application or appointment to the police department shall successfully complete a physical, mental and psychological examination (N.J.S.A. 40A:4-122 and N.J.S.A. 40A:14-127).
c. 
Probationary Appointment. Paragraph b shall not prohibit the appointment of a person as a police officer on a probationary or temporary basis for a period not to exceed one year in order to enable a person seeking a permanent appointment to complete a police training course as prescribed by the Police Training Commission. No person shall be permitted to take a police training course unless he holds a probationary or temporary appointment as a police officer in the City of Wildwood and such an appointee shall be entitled to a leave of absence with pay during the period of the police training course.
d. 
Duties of Chief of Police. The chief of police shall:
1. 
Be the head of the police force and shall be directly responsible to the director of public affairs and public safety for the efficiency and routine day to day operations thereof and shall, pursuant to policies established by the director of the department of public affairs and public safety;
(a) 
Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel;
(b) 
Have, exercise, and discharge all functions, powers and duties of the force;
(c) 
Prescribe the duties and assignments of all subordinates and other personnel;
(d) 
Delegate such authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision; and
(e) 
Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month, and make such other reports as may be requested by such authority.
2. 
Be responsible for the observance and enforcement of all laws of the state and ordinances within the jurisdiction of the police department, and the enforcement of the rules and regulations of the police department; and shall perform such other duties as shall be prescribed by the board of commissioners by ordinance or resolution. He shall also be charged with administering and enforcing any special emergency directive for the disposition and discipline of the department and its members and officers.
3. 
See that all persons connected with the police department are properly instructed in their duties and give particular attention to the instructions and training of new members of the department. He shall also be charged with the responsibility of ascertaining that each and every officer under his command is held accountable for his or her time and is devoting his or her full attention to the performance of his or her respective duties.
4. 
Have under his control all records and property of the police department and designate any member of the department to prepare reports and keep records in a manner that the chief may prescribe, as well as take charge of the records and property of the police department and any other property coming into the custody of the department.
5. 
Report at least monthly to the director of public affairs and public safety in such form as shall be prescribed by said director on the operation of the police department during the preceding month and make such other reports as may be requested by the director of public affairs and public safety in accordance with the provisions of N.J.S.A. 40A:14-118.
6. 
Operate a training program to maintain and improve the efficiency of the members of the department.
e. 
Line of Authority. The line of authority for the police department shall be as follows:
1. 
City commissioner in charge of public safety (appropriate authority);
2. 
Chief of police;
3. 
Deputy chief of police;
4. 
Captain;
5. 
Lieutenant;
6. 
Sergeant;
7. 
Corporal;
8. 
Patrolman;
9. 
Special officer;
10. 
Other classes of police officers authorized by statute.
Change in Number of Personnel. The director of the department of public affairs and public safety may add or decrease the number of persons comprising the police department whenever in his judgment he deems it proper for the best interests of the department and the city to do so, not to exceed the number of officers provided in subsection 1A-7.2a2.
f. 
Duties of Police Officers. The rights, privileges, powers and duties of the members of the police department, including temporary offices of special policemen, shall be those prescribed by the laws of the State of New Jersey governing municipal police departments generally, by the ordinances and resolutions of the City of Wildwood, and by the rules and regulations which may, from to time to time, be adopted by the board of commissioners or the director of the department of public affairs and public safety. The police department shall:
1. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the city, suppress riots and mobs, disperse unlawful or dangerous assemblages, and preserve order at all elections, public meetings and assemblages.
2. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the city for those purposes.
3. 
Remove or cause to be removed all nuisances in the public streets, parks and other places in the city, inspect and observe all places of public assembly or amusement and all places of business requiring any state or municipal license or permit and report on such places to the appropriate department.
4. 
Provide proper police attendance and protection at fires.
5. 
Provide for the attendance of members of the police department in court when necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with law enforcement and prosecuting authorities of federal, state and county governments.
6. 
The appointing authority may appoint, from time to time, special law enforcement officers in accordance with New Jersey Statutes for terms not exceeding one year. Such special officers shall exercise all the powers and duties provided by such statutes during their term in office, but shall not be deemed to be regular members of the police department and shall not be entitled to tenure. The chief of police shall authorize special law enforcement officers, when on duty, and subject to the provisions of New Jersey Statutes, to exercise the same powers and authority as regular members of the police department including the carrying of firearms and the power of arrest. All special law enforcement officers so appointed must comply with the requirements of N.J.S.A. 40A:14-146 et seq. and shall, depending on his or her classification, be permitted to or prohibited from carrying firearms as set forth therein.
7. 
No person shall be appointed to the police department who is not qualified as provided in the New Jersey Statutes. The director of law and public safety may also require that an applicant for appointment to the police department shall successfully complete a physical, mental and psychological examination.
g. 
Power to Make Rules and Regulations. The chief of police, with the written approval of the commissioner of public safety, shall have the power to make and amend the rules and regulations for the government, discipline, direction and management of the members of the police department in order to promote proper discipline and efficiency in the department.
h. 
Change in Number of Personnel. The director of the department of public affairs and public safety may add to or decrease the number of persons comprising the police department whenever in his judgment he deems it proper for the best interests of the department and the city to do so.
i. 
Discipline; Suspension or Dismissal. Members of the police department may be disciplined, including suspension, (with or without pay), demotion or dismissal for any of the following or combination thereof:
1. 
Violations of the rules and regulations established by the appropriate authority;
2. 
Incapacity;
3. 
Misconduct;
4. 
Neglect of duty;
5. 
Absence from duty without cause;
6. 
Conduct unbecoming a police officer/member of the police department;
7. 
Violation of any state or local law;
8. 
Dishonesty.
All discipline shall be administered in accordance with basic standards for due process and in accordance with Civil Service guidelines.
j. 
Employment of Off-Duty Police Officers.
1. 
Findings. The Board of Commissioners of the City of Wildwood hereby finds and declares as follows:
(a) 
The Attorney General of the State of New Jersey and the Division of Local Government Services have determined that members of a local police department may, during their off-duty hours, engage in police related activities for private persons or entities. Pursuant to the laws of the State of New Jersey, a municipality must agree to implement a system whereby the off-duty assignments of police officers is arranged through a contract directly with the municipality and the private person entity.
(b) 
That any such contracts between the municipality and any private person or entity must include a plan whereby the compensation for off-duty police related services is channeled through the office of the treasurer, must provide that said compensation shall be placed in a special trust fund to be established by the municipality, and also must provide that the proceeds of said fund will be disbursed through the office of the treasurer to the individual police officers performing such services.
(c) 
It is in the best interest of the City of Wildwood to establish a procedure for the assignment of off-duty police work which will allow for the greater protection of the citizens of the city.
2. 
The chief of police shall be responsible for the assignment of all off-duty police related activities, and the billing of all compensation due the city. The chief of police shall be authorized to designate other members of the police department, as needed, to assist him in the assignment of off-duty police related activities. The procedure for assignment of off-duty police related activities shall be as follows:
(a) 
The chief of police or his designee shall create and maintain a list whereby police officers may volunteer for off-duty police related activities, however, the contract to be executed with regard to such off-duty police related activities shall provide that such police officers shall be compensated at their regular overtime rate of pay. The chief shall advise as to the rates of pay for the officers to be employed.
(b) 
The chief of police or his designee shall assign all off-duty police related activities from the aforementioned list of officers desiring said assignments; said assignments shall be made on a rotating basis as the assignment becomes available.
3. 
Contracts with private entities. Any private person or entity desiring to retain the services of police officers of the City of Wildwood for off-duty police related activities shall file, with the chief of police, an application for the provision of such services. The chief of police shall in his sole discretion, have the absolute right to either approve or disapprove the application if such private person or entity desiring to retain the services of police officers of the City of Wildwood for off-duty police related activities. Any private person or entity which is approved by the chief of police for the provision of such services of police officers shall be required to enter into a contract for the provision of such services with the City of Wildwood. Said contract shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services to officers, administrative fees to the City of Wildwood, and fees for the use of city owned equipment. The contract may also provide for deposits in advance by the contractor for services to be performed. The chief of police is hereby empowered to execute a contract for off-duty police related activities on behalf of the City of Wildwood in accordance with paragraph j.
4. 
Payment for off-duty assignments; trust fund established.
(a) 
All private persons or entities shall be required to make all payments for off-duty assignments to the City of Wildwood, payable to the City of Wildwood's Chief Financial Officer (CFO).
Monies collected from said private persons or entities earmarked for payment of the off-duty officers shall be recorded by the CFO into a separate trust account in the general ledger.
All members of the police department shall be paid for services performed on the regular payday upon the submission of any overtime slip approved by the chief of police or his designee and properly authorized by the private entity or persons. All police officers receiving such payment shall be paid an hourly rate of fifty ($50.00) dollars per hour. In addition to the officers' hourly rate, an additional ten percent shall be added for the purposes of contribution to the city's workers compensation fund, fringe benefit cost along with administrative costs.
The contract to be executed by the contracting party shall provide for such fees. Said contract shall further insure that the contracting party shall pay for any matching taxes, which the city must incur relative to such additional police work.
There is hereby established a trust fund which shall be created by the CFO of the City of Wildwood upon passage of this ordinance.[1]
[1]
Editor's Note: Ordinance No. 556-01, which established this paragraph was adopted January 9, 2002 and was amended June 9, 2004 by Ordinance No. 611-04.
5. 
Administrative costs.
(a) 
In addition to the aforementioned fees to be collected by the City of Wildwood from said private person or entity for the payment of said off-duty police officers, the City of Wildwood shall collect an administrative fee of three ($3.00) dollars per hour, per person, assigned to said private entity. Said fee shall be used to offset the administrative costs associated with the assignment of city police officers.
(b) 
In addition to the aforementioned administrative fee, said private person or entity shall pay the City of Wildwood for the use or rental of any city equipment based upon the following pay scale.
(1) 
Unmarked police vehicle - $3.00 per hour.
(2) 
Marked police vehicle - $3.50 per hour.
(3) 
Flares - $1.00 each.
(4) 
Vehicle Barricades - $1.50 per hour.
(c) 
Notwithstanding anything to the contrary, the City of Wildwood shall not be required to allow its equipment to be used on any off-duty assignment.
6. 
Insurance.
(a) 
Workers Compensation Fund. In addition to the aforementioned fees for administrative costs, as well as fees for the hourly rate of pay for said police officers, said private person or entity wishing to employ off-duty police officers shall be required to pay the City of Wildwood a separate fee of three ($3.00) dollars per hour. This additional fee shall be used for the purposes of contribution to the city's worker's compensation fund.
(b) 
Insurance. Each private person or entity who shall employ off-duty officers pursuant to this section responsible for maintaining their own insurance coverage. Said insurance coverage shall include, but not be limited to general liability to the City of Wildwood prior to the assignment of any off-duty police officers to said private person or entity. The private person or entity shall provide the aforementioned for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.
7. 
Emergencies. The chief of police or his designee shall have the authority to order any police officer, engaged in off-duty assignments within the City of Wildwood to respond to an emergency situation within the City of Wildwood. The chief of police or his designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the City of Wildwood. In the event a police officer is assigned to an emergency situation, the police chief or his designee shall make note of said emergency situation, as well as the time said officer was removed from said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said private person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee, or any other fees to the City of Wildwood until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.
8. 
Indemnification. Any private person or entity requesting the services of off-duty police officers shall indemnify the City of Wildwood for any and all damages which may arise from the off-duty police officer's employment by said private person or entity.
[Ord. No. 380-95 § 1A-7.3]
The director of the department of public affairs and public safety shall have the power to appoint a suitable number of persons as lifeguards, including one person to be designated as captain of lifeguards. The life-guards shall be under the control of the director of public affairs and public safety and when on duty shall be under the direct command of the captain of lifeguards.
Subject to such rules and regulations as the director of the department of public affairs and public safety shall from time to time promulgate, the lifeguards shall patrol the beach and ocean front of the City of Wildwood, advise and warn bathers and other persons of any danger, man the lifeguard stands and lifeboats belonging to the city, aid and assist any person in danger on the beach or in the waters of the ocean or elsewhere, and maintain order on the beach.
[Ord. No. 380-95 § 1A-7.4]
a. 
City Solicitor. Within the department of public affairs and public safety there shall be a division of law, the head of which shall be the city solicitor. He shall be appointed by the board of commissioners for a term of one year. He shall be an attorney-at-law of the State of New Jersey but need not be a resident of the City of Wildwood.
b. 
Powers and Duties. The solicitor shall have the powers and perform the duties as are required for the office of city solicitor by general law or ordinance of the City of Wildwood. He shall represent the city in all judicial and administrative proceedings in which the city or any of its officers or agents may be a party or have an interest. He shall give legal counsel and advice when required by the board of commissioners and shall in general serve as the legal advisor to the board of commissioners on all matters of city business. In furtherance of these general powers and duties, but without limiting them, the city solicitor shall:
1. 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the city.
2. 
Conduct appeals from orders, decisions or judgments affecting any interest of the city when directed to do so by the board of commissioners or when he in his discretion decides that it is necessary or desirable.
3. 
Subject to the approval of the board of commissioners, have the power to enter into any agreement, compromise or settlement of any litigation in which the city is involved.
4. 
Render opinions in writing upon any question of law presented to him by the board of commissioners with respect to their official powers and duties, and perform whatever duties may be necessary to provide legal counsel for the board in the administration of municipal affairs.
5. 
Supervise and direct the work of any additional attorneys and technical and professional assistance that the board of commissioners may authorize for special or regular employment in or for the City of Wildwood.
6. 
Supervise and direct the work of the municipal prosecutor.
c. 
Municipal Prosecutor.
1. 
Qualifications. There shall be a municipal prosecutor who shall be an attorney-at-law of the State of New Jersey.
2. 
Duties. The municipal prosecutor shall participate in, and prosecute all cases when necessary and practicable in the municipal court of the city; including all criminal and quasi-criminal matters and all complaints by city officials, inspectors, department heads and officers adjudicated in the said municipal court.
[Ord. No. 380-95 § 1A-6.8; Ord. No. 428-97 § 3; Ord. No. 438-97 § 1; Ord. No. 970-13]
The purchasing agent shall be appointed by the board of commissioners and shall become eligible for Civil Service Certification one year after such appointment. He shall have the following qualifications and perform the following functions:
a. 
Qualifications.
1. 
He shall be a graduate of an accredited four-year college or university or equivalent.
2. 
He shall have two years purchasing and procurement experience either in private industry or in government.
3. 
He shall be a resident of the City of Wildwood.
b. 
Functions. The purchasing agent shall perform the following functions:
1. 
Purchase or contract for all supplies and contractual services required by any municipal function in accordance with the procedures set forth herein and such other rules and regulations as may be promulgated by resolution of the commissioners.
2. 
Maintain and operate a centralized inventory and inventory control for all municipal functions.
3. 
Review all municipal purchase orders with respect to quality and quantity requisitioned and approve such specifications prior to the purchase of the requisitioned materials.
4. 
Procure the highest quality supplies and contractual services commensurate with the requirements of the job at the lowest possible price.
5. 
Obtain full and open competition on all procurements. It shall be the obligation of the purchasing agent whenever there is evidence of collusive bidding to report this fact with all data to the city commissioners for possible action against the collusive bidders.
6. 
Maintain information on current developments in the field of purchasing by either other government jurisdictions or other public or private organizations.
7. 
Maintain vendors and materials catalog file which shall be cross indexed and which file shall properly describe the vendor and all commodities and services.
8. 
Prepare and secure with the cooperation of the several departments standardized requirements of quality and of specifications of supplies to be purchased or placed under contract or agreement; establish and maintain adequate and permanent records including regulations, orders for supplies, bid reports, and the like; set forth and maintain uniform standards for purchase order and requisition forms.
9. 
Secure for the city all federal and state tax exemptions to which it is entitled.
10. 
Maintain lists of all vendors, suppliers, contractors, etc., who repeatedly default on price, materials, or delivery schedules.
11. 
Verify, utilizing the records of the chief financial officer, the availability of budget appropriation balances sufficient to satisfy any obligation created as a result of any purchase order, requisition, etc., and further provide to the chief financial officer on a daily basis, all encumbrances for each budget line item on account of purchase orders, projected encumbrances, or requisitions issued that day.
c. 
Requisition and Estimate Requirements.
1. 
All municipal functions whether by or with the authorization of the department head under which the function operates shall file with the purchasing agent detailed requisitions or estimates of their requirements for supplies or services in such a manner, at such times, and for such future use as shall be required by the purchasing agent utilizing forms prescribed by the chief financial officer; however, a municipal employee as authorized under paragraph c, 2 below, hereinafter shall not be prevented from filing with the purchasing agent at any time a requisition or estimate for any supplies and services, the need of which was not foreseen when the detailed estimates were filed.
2. 
The commissioner, head of each department, shall file with the purchasing agent the names of the persons in his department who shall be authorized to request and approve the requisitions for supplies or service.
3. 
No requisition or purchase order shall be honored by the purchasing agent unless such shall have been approved by the commissioner, head of the department, or by such person as the commissioner shall designate for that purpose. A certification from the director of revenue and finance that a sufficient unencumbered balance of appropriation is available to pay therefor shall accompany each order.
4. 
In the event of an emergency, and for the immediate procurement of supplies which are essential to protect the life, health, or safety of the citizens, a commissioner may authorize the purchase directly of any supplies the cost for which shall not exceed one thousand ($1,000.00) dollars with the approval of the appropriate department head. Emergency purchases of between one thousand ($1,000.00) dollars and the bid threshold also need the approval of the purchasing agent. Emergency purchases over the bid threshold also need the approval of the commissioner in charge of the department and one other commissioner.
(a) 
The commissioner, head of the department, shall submit to the purchasing agent within 24 hours, a full written report of the circumstances describing in detail the nature of the emergency and within 48 hours of the completion of all repairs a requisition confirming receipt of all supplies and services.
(b) 
The purchasing agent shall not honor any requisition confirming the delivery of such supplies or services included in the emergency purchase except as outlined herein.
d. 
Purchase Control. All purchases shall be made by the purchasing agent pursuant to a written purchase order according to the guidelines as follows:
1. 
Aggregate Item Cost
Required Action
$0.1 to $5,399.99
No quote required
$5,400.00 to bid threshold
Attempt to obtain written multiple quotes
Bid threshold and over
Follow the statutory bid procedure where applicable and required
2. 
Where no quote is required or when verbal quotes are acceptable, the purchasing agent shall establish a written record thereof.
3. 
The purchasing agent shall control the delivery of all supplies, material and equipment and other items purchased.
e. 
Inspections and Tests. The purchasing agent shall cause an inspection to be made of all deliveries and supplies or contractual services to be performed to determine their conformance with the specifications as set forth in the order or contract.
f. 
Contract Execution. The mayor shall execute and sign all contracts awarded by the commissioners and authorized pursuant to law. The signature of the mayor shall be attested to by the city clerk. The commissioner of revenue and finance may, in the absence of the mayor, execute and sign such contract to be attested to by the city clerk.
g. 
Inventory; Surplus Disposition. The purchasing agent shall have the authority to dispose of excess supplies, materials, or equipment as follows:
No materials may be disposed of except following receipt of sealed bids received and opened not less than 10 days after public advertisement unless specifically waived by resolution of the commissioners. All such public sales shall be held in accordance with the applicable statutory guidelines.
h. 
Applicability. Except as provided in this subsection, city officers or employees shall not order or purchase any supplies or make any contract other than through the purchasing office. Any purchase order or contract made contrary to any provisions hereof or any procedure, rule or regulation approved by the commissioners in reference hereto shall not be approved by the commissioners and the city shall not be bound thereby.
[Ord. No. 380-95 § 1A-7.6]
Within the department of public affairs and public safety there shall be a division of welfare, the head of which shall be the local assistance board. The local assistance board shall consist of five members appointed by the board of commissioners. One member of the board shall serve for a term of one year, and that member may be a member of the board of commissioners. At least one of the five members of the board of commissioners shall be a woman. Four members shall serve for staggered terms of four years each. Members of the board of assistance shall serve without compensation. The local assistance board shall have all the powers, duties and responsibilities prescribed for such a board by general law and ordinance and shall appoint a director of welfare in accordance with state law.
[Ord. No. 380-95 § 1A-7.7]
There is hereby created a senior citizen commission composed of five members, each of whom shall serve for a period of two years subject to reappointment. The commission shall render advice, suggestions and recommendations to the city in matters concerning the welfare and well-being of senior citizens, and senior citizen programs, in the city.
[Ord. No. 600-03 §§ 2, 3; Ord. No. 784-09; Ord. No. 853-11; Ord. No. 946-12]
a. 
Zoning Board of Adjustment. Pursuant to Ord. No. 946-12, the City of Wildwood shall have a nine member Planning Board which shall exercise, to the same extent and subject to the same restrictions, all the powers of the Board of Adjustment and Planning Board.
Wherever the term Zoning Board of Adjustment is used in the City of Wildwood Revised General Ordinances it shall be understood to mean the nine member Planning Board as established by this subsection.
b. 
Planning Board. In accordance with the provisions of N.J.S.A. 40:55S-23, there hereby is created and established within the City of Wildwood a planning board. The planning board shall consist of nine members. The membership of the planning board shall consist of, for convenience in designating the manner of appointment, the four membership classes that are set forth in N.J.S.A. 40:55D-23. All members of the planning board, except for the member that is described in N.J.S.A. 40:55D-23 as the Class II member, shall be municipal residents. As permitted by N.J.S.A. 40:55D-23, the member who is described in an N.J.S.A. 40:55D-23 as the Class II member may be, but is not required to be, a municipal resident. All of the members of the planning board shall be appointed in accordance with the provisions of N.J.S.A. 40:55D-23. The powers, duties, functions and obligations of the planning board shall be exercised in accordance with and governed by the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Pursuant to Ordinance No. 946-12, the City of Wildwood having a population of fifteen thousand (15,000) or less shall provide for a nine (9) member Planning Board which shall exercise, to the same extent and subject to the same restrictions, all the powers of the Board of Adjustment and Planning Board; and
The Class I and Class III members of the former single Planning Board shall not participate in the consideration of applications for development which involve relief pursuant to D of Section 57 of P.L. 1975, C. 291 (40:55D-70).
[Ord. No. 380-95 § 1A-7.9; Ord. No. 482-99 §§ 1-4; Ord. No. 692-07 §§ 1—9; Ord. No. 792-10; Ord. No. 815-10; Ord. No. 874-11 §§ 1, 2; Ord. No. 887-11 §§ 1, 2; Ord. No. 987-13]
a. 
Establishment; Organization. There shall be a fire department, the director of which shall be the director of the department of public affairs and public safety. Said department shall be deemed a part-paid fire department, which shall consist of a municipal fire-fighting division (paid) and a volunteer fire-fighting division (unpaid). The mayor shall have a direct, active role in the supervision of this department. Any disputes, problems or conflicts regarding personnel or otherwise, shall be referred to said director directly and he shall have the final authority in the resolution of said disputes, problems and conflicts. Except for control at fires, the paid fire chief shall perform all appropriate functions and duties associated with the supervision and administration of the fire department and such other duties as the said director may, from time to time, prescribe.
b. 
Division of Municipal Firefighting. The division of municipal firefighting shall be headed by the paid fire chief and shall perform all appropriate functions associated with (1) the care of fire equipment and apparatus; (2) providing other related fire protection services; and (3) providing ambulance and other rescue services.
c. 
Division of Volunteer Firefighting. It is in the tradition of the city that the fighting of fires within the city has been conducted by the joint effect of the Holly Beach Fire Company, Wildwood Fire Company No. 1 and their Municipal Fire Division. Said volunteer fire companies are hereby included within the fire department for organizational and administrative purposes and in recognition of their historic contribution to the city in fighting fires. The paid fire chief of the Municipal Division shall also be the chief of the volunteer fire companies and shall be vested with all rights and powers provided to him. Said volunteer fire companies are subject to the bylaws and other internal rules and regulations which govern their organization which shall not be in conflict with such resolutions and ordinances as approved by the governing body of the City of Wildwood. The fire chief shall have sole control at fires subject to the supervision of the director of public affairs and public safety.
d. 
Membership Applications. The volunteer fire division shall have its prospective members apply for membership through a written application available at either fire house in the City of Wildwood, fire chief or purchasing personnel office. Said application shall set out all pertinent information and be reviewed by the appropriate officers located in the volunteer fire company who shall present to the membership of the volunteer fire company any names of prospective members to fill any vacancies which may exist. The number of positions in the volunteer fire company shall be determined by the director of public safety for the City of Wildwood. Following presentment to the members of the company, the secretary of the volunteer company having a vacancy shall forward, in writing, the name of any candidate for appointment with their approval to the mayor, who may appoint, reject, or fail to act which shall constitute a rejection of the name.
e. 
Residency. Members of the volunteer fire companies must be residents in good standing of the City of Wildwood at the time of appointment and must remain residents during their tenure as active fire fighters. All present members when this subsection is ratified shall be excluded from this provision.
f. 
Election of Members. Each volunteer fire company would have the opportunity to elect one of their members in good standing with a minimum of seven years experience as battalion chief. Said battalion chief must be a full time resident of the City of Wildwood. He shall be in full charge of his volunteer fire company but be subject to the direction of the paid fire chief.
g. 
Employment of Off-Duty Firefighters.
1. 
Findings. The board of commissioners of the City of Wildwood hereby find and declare as follows:
(a) 
It is in the best interest of the citizens of the City of Wildwood to establish a procedure whereby the municipalities implements a system permitting off-duty assignments of firefighters to be arranged through a contract directly through the municipality and the private entity.
(b) 
Any such contracts between the municipality and any private entity must include a plan whereby the compensation for special assignment fire and E.M.S. related services is channeled to the chief financial officer. The chief financial officer shall record such compensation received on a separate line in the Dedicated Fire Safety Trust Fund Account (Dedicated Penalties). Proceeds from the compensation received for special assignment of firefighters shall be disbursed to the individual firefighters performing such services by the chief financial officer.
(c) 
It is in the best interest of the City of Wildwood to establish a procedure for the assignment of off-duty firefighters which will allow for the greater protection of the citizens of the city.
2. 
The fire chief should be responsible for the assignment of all off duty fire and E.M.S. related activities, and the billing of compensation due to the city. The fire chief shall be assigned to designate other members of the fire department, as needed, to assist in the assignment of off-duty fire department related activities. The procedure for assignment of off-duty firefighters shall be as follows:
(a) 
The fire chief, or his designate, shall create and maintain a list whereby firefighters may volunteer for off-duty firefighter related activities.
(b) 
The fire chief, or his designate, shall assign all off-duty fire related activities from the aforementioned list of firefighters, designating said assignments. Said assignments shall be made on a rotating basis as the assignment becomes available.
3. 
Contracts with private entities. Any private person or entity desiring to retain the services of firefighters of the City of Wildwood for off-duty firefighting and E.M.S. related activities shall file, with the fire chief, an application for the provision of such services. The fire chief shall in his sole discretion, have the absolute right to either approve or disapprove the application if such private person or entity desiring to retain the services of firefighters of the City of Wildwood for off-duty firefighting related activities. Any private person or entity which is approved by the fire chief for the provision of such services of firefighters should be required to enter into a contract for the provision for such services with the City of Wildwood. Said contract shall include, but not be limited to, the nature of duties to be performed, location of said duties, dates and hours of service, the rate of payment for services to firefighters, administrative fees to the City of Wildwood, and fees for the use of city-owned equipment. The contract may also provide for deposits in advance by the contractor for services to be performed. The fire chief is hereby empowered to execute a contract for off-duty fire and E.M.S. related activities on behalf of the City of Wildwood in accordance with this paragraph g.
4. 
Payment for special off-duty assignments. All private persons or entities shall be required to make all payments for special off-duty assignments payable to the City of Wildwood Fire Prevention of the City of Wildwood. The chief financial officer shall deposit the monies collected from said private persons or entities, earmarked for payment of the special assignment off-duty firefighters into the Dedicated Fire Safety Trust Fund Account (Dedicated Penalties). All members of the fire department shall be paid for services performed on the regular pay date upon submission of a pay slip approved by the fire chief or his designee, and properly authorized by the private entity or persons. All firefighters shall be paid at an hourly rate of fifty ($50.00) dollars per hour.
5. 
Administrative costs.
(a) 
In addition to the aforementioned fees to be collected by the City of Wildwood from said private person or entity for the payment of said off-duty firefighters, the City of Wildwood shall collect an administrative fee of three dollars and fifty ($3.50) cents per hour, per person, assigned to said private entity. Said fee shall be used to offset the administrative costs associated with the assignment of city firefighters.
(b) 
(Reserved)
(c) 
Notwithstanding anything to the contrary, the City of Wildwood shall not be required to allow its equipment to be used on any off duty assignment.
6. 
Workers compensation and insurance.
(a) 
Workers compensation fund. In addition to the aforementioned fees for administrative costs, as well as fees for the hourly rate of pay for said firefighters, said private person or entity wishing to employ off-duty firefighters shall be required to pay the City of Wildwood a separate fee of three dollars and fifty ($3.50) cents per hour. This additional fee shall be used for the purpose of contribution to the city's worker's compensation fund.
(b) 
Insurance. Each private person or entity who shall employ off-duty firefighters pursuant to this paragraph shall be responsible for maintaining their own insurance coverage. Said insurance coverage shall include, but not be limited to, general liability to the City of Wildwood prior to the assignment of any off-duty firefighter to said private person or entity. The private person or entity shall provide the aforementioned for any and all firefighters, vehicles and/or equipment that it utilized in the off-duty assignment.
7. 
Emergencies. The fire chief or his designee shall have the authority to order any firefighter, engaged in off-duty assignments within the City of Wildwood to respond to an emergency situation within the City of Wildwood. The fire chief or his designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty firefighter and/or the citizens of the City of Wildwood. In the event a firefighter is assigned to an emergency situation, the fire chief or his designee shall make note of said emergency situation, as well as the time said firefighter was removed from said off-duty assignment. In any situations where an off-duty firefighter is called to an emergency, said private person or entity shall not be responsible for the payment of the firefighter's hourly rate, administrative fee, or any other fees to the City of Wildwood until such time as said firefighter and/or equipment returns to the assignment with the off-duty employer.
8. 
Indemnification. Any private person or entity requesting the services of off-duty firefighters shall indemnify the City of Wildwood for any and all damages which may arise from the off-duty firefighter's employment by said private person or entity.
[Ord. No. 380-95 § 1A-7.10; Ord. No. 428-97 § 2; Ord. No. 757-09 § 1]
a. 
Division of Recreation. There shall be a division of recreation which shall:
1. 
Administer and operate the city's playground and playing fields, facilities for indoor and outdoor sports and athletic and recreational programs and activities for children and adults.
2. 
Administer and operate the city's social centers and recreational functions and activities relating thereto.
3. 
Sponsor and administer cultural activities with other public and private agencies and organizations.
4. 
Use and operate public school property upon the approval and agreement of the board of education to the extent that such property may be adaptable and available for recreational programs of the division.
5. 
Plan and develop public recreational areas and facilities, promote and direct a year-round pro-gram of leisure activities for children, youth and adults of the city; stimulate the constructive use of leisure time of residents of the city; and work toward the reduction of delinquency and the optimum coordination and development of public and private recreational facilities within the city.
b. 
Office of Recreation Director.
1. 
Creation of office.
(a) 
The office of recreation director (hereafter referred to as: director) is hereby created in and for the City of Wildwood pursuant to the provisions of this Code.
2. 
Qualifications; appointment; term; salary.
(a) 
Qualifications. The director shall be qualified by training and experience, must possess a certification as a recreation administrator from the department of community affairs, or a college degree in recreation or a related field, or experience in professional recreation work.
(b) 
Appointment. Except as otherwise may be provided by statute or law, the appointment to this position shall be made by the board of commissioners of the City of Wildwood, with input and advice by the City of Wildwood Recreation Commission. (Ordinance No. 820-10 abolished the recreation commission and assigned duties to the community advisory board.)
(c) 
Term. The director shall serve for a term in accordance with the rules and regulations of civil service.
(d) 
Salary. The salary of the director shall be as set forth in the Salary Ordinance of the City of Wildwood.
3. 
Duties.
(a) 
The director shall serve as the department head of the department of recreation.
(b) 
The director shall be responsible to provide a comprehensive recreation and cultural program for city residents of all ages.
(c) 
The director shall present to the recreation commission a monthly written report detailing the programs which shall be available to the citizens of Wildwood. In the absence of a recreation commission, said report must be submitted to the commissioner of public works and public property. (Ordinance No. 820-10 abolished the recreation commission and assigned duties to the community advisory board.)
(d) 
The director shall compile and make available to the citizens of Wildwood a detailed schedule of programs at least four times per year.
(e) 
The director shall coordinate and implement programs developed by civic organizations which are designed to benefit the citizens of all ages in Wildwood.
(f) 
The director shall be administratively accountable to the recreation commission, the commissioner of public works and public property, and municipal administrator. (Ordinance No. 820-10 abolished the recreation commission and assigned duties to the community advisory board.)
(g) 
The director shall be responsible for the operations of all areas presided by the City of Wildwood Recreation Commission. (Ordinance No. 820-10 abolished the recreation commission and assigned duties to the community advisory board.)
(h) 
The director may perform such duties as may be assigned by the municipal administrator.
[1]
Editor's Note: Former subsection 1A-7.11, Director of Personnel, previously codified herein and containing portions of Ordinance No. 380-95, was relocated to subsections 1A-6.8 and 1A-6.9 by Ordinance No. 438-97.
[Ord. No. 380-95 § 1A-7.12]
The office of health shall have the functions, powers and duties as prescribed by general law, including the enforcement of the New Jersey State Sanitary Code and any ordinance of the city relating to public health. The head of said office shall be deemed the health officer of the city. The health officer shall supervise and administer the medical center of the city. Whenever the health officer finds the public safety will not permit delay, he may exercise one or more of the following powers without resorting to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this code:
a. 
The health officer shall prohibit the importation into the city, or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
b. 
The health officer shall order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it. For statutory and administrative purposes, the board of commissioners shall be deemed the local board of health and shall have all powers, duties and functions as prescribed by state law or ordinance of the city.
c. 
The health officer shall order the suspension of any license issued by the city and abate immediately the privilege licensed thereunder if, in his opinion, the continuation of such privilege would pose an immediate threat to the health, safety and welfare of the inhabitants of the city.
[Ord. No. 712-07 § 1]
There is hereby established an office of emergency management. An emergency management coordinator shall be appointed by the board of commissioners for a term in conjunction with applicable municipal, county, state and/or federal guidelines. The emergency management coordinator shall perform any and all functions prescribed to him/her by municipal, county, state and/or federal requirements. Duties and/or responsibilities shall include, but not limited to:
a. 
Must be a resident of the City of Wildwood.
b. 
Chair the local emergency planning committee (LEPC).
c. 
Attend local and county emergency management meetings.
d. 
Take all appropriate training courses and maintain any and all required certifications.
e. 
Any other duties as assigned by the board of commissioners and/or county, state and federal agencies.
[Ord. No. 843-11]
a. 
Created. Within the department of public safety and public affairs there is hereby created a parking utility. Under the supervision and direction of the director of the department of public safety the utility shall:
1. 
Supervise the installation, removal, repair and maintenance of the municipal parking meters and the collection of proceeds therefrom in conjunction with the department of revenue and finance;
2. 
Operate and maintain city-owned parking lots and provide custodial services therefore in conjunction with the department of public works; and
3. 
Supervise and employ all civilian parking enforcement officers and employees to conduct parking utility business and pay the salaries of such employees in accordance with classification and salary ordinances duly adopted by the city;
4. 
Issue parking permits as provided by city ordinances along with the city clerk or other authorized officers of the city; and
5. 
Provide for the sound management of parking resources in the City of Wildwood and automation of parking meter collection and enforcement activities practical.
b. 
Self Liquidating Enterprise and Operations. As provided in N.J.S.A. 40A:2-45 the parking utility of the City of Wildwood shall be a self liquidating enterprise and shall have authority to charge and collect monies for the use of the parking utility's operations, whether they be user charges, permit fees, rental fees, or lease payments. All moneys derived from operation of the public parking system utility and any other moneys applicable to its support shall be segregated and kept in a separate fund which shall be known as the "Parking Utility Fund." The dedicated budget of the public parking system utility shall include appropriations for operating expenses, capital improvements, debt services for payment of any public parking utility bonds which may be issued, principal and interest and all other deferred charges and statutory expenses as may be required. Notwithstanding the foregoing, no property may be acquired disposed of nor leased, nor any employees hired nor any debt approved without the authorization of the governing body of the City of Wildwood by appropriate ordinance or resolution and no property shall be deemed to be transferred by the creation of this utility.
c. 
Parking Garage. A parking garage, if proposed to be built on city owned property with city taxpayer funding or at city expense, must be approved by the residents of Wildwood through a referendum at a general or special election.
[Ord. No. 380-95 § 1A-8.1]
The director of the department of parks, public property and public works shall supervise the work of the department and its divisions and shall be responsible for the proper and official conduct of all public works functions of the city. The department shall:
a. 
Be responsible for all matters relating to the construction, management, maintenance and operation of the physical properties of the city other than office supplies, furniture and equipment, and the city water utility.
b. 
Provide all mechanical services required by any department, office or agency of the city, except as other-wise directed by the board of commissioners.
[Ord. No. 380-95 § 1A-8.2]
The city engineer shall be assigned to the department of parks, public property and public works and shall be a duly licensed professional engineer of the State of New Jersey and shall have had practical experience in engineering, but need not be a resident of the city. The city engineer shall:
a. 
Make examinations, prepare surveys, levels, plans, profiles, measurements, delineations, estimates, specifications and contracts for the construction and repair of streets, alleys, culverts, drains, sewers, sidewalks and other public works and improvements undertaken by the city, either on force account or by public contract.
b. 
Supervise all such public works and furnish certificates upon their partial or final completion.
c. 
Provide and maintain surveys, maps, plans, specifications, and control records with respect to all public works and facilities owned or operated by the city, except as otherwise directed by the board of commissioners.
d. 
Provide technical and engineering advice and assistance to other city departments as needed, and perform all other services which may properly be performed by a civil engineer and of which the city has need, unless such services are specifically delegated to some other officer or department of the city.
All papers, documents, memoranda, reports, original maps and tracings, and other materials relating to the administration of engineering duties of the city engineer shall be and remain the property of the city. Upon the termination of his services with the city, the city engineer shall immediately surrender to his successor any and all such property.
[Ord. No. 380-95 § 1A-8.3; Ord. No. 1006-14 § 2]
Within the department of parks, public property and public works there shall be a division of public works. Under the supervision and direction of the director of public parks, public property and public works the division shall:
a. 
Maintain and repair all city streets, bridges, culverts, drains, sidewalks, curbs and gutters.
b. 
Construct and reconstruct streets, roads, bridges, culverts and drains; treat road surfaces and resurface streets and roads according to the standards and schedules made or approved by the city engineer.
c. 
Maintain all city streets in a clean and safe condition free of obstructions and hazards, and remove snow and ice from such streets as required.
d. 
Study problems of street traffic congestion and control and street lighting and recommend to the city engineer appropriate plans for street improvement and use to satisfy traffic requirements in cooperation with the chief of police.
e. 
Supervise the city recycling operations.
f. 
Install, repair and maintain street traffic signs, lines and markers in cooperation with the chief of police, except as otherwise directed by the board of commissioners.
g. 
Operate and maintain city-owned buildings, properties and parking lots and provide custodial and janitorial services therefor.
h. 
Supervise the operations of the sanitation department and maintenance of the beach.
i. 
Trim, plan, care for and preserve public parks, greens, grounds and trees on public property.
j. 
Interface with the inter-local construction office.
k. 
Maintain and repair playing fields and playgrounds and recreation areas and facilities when requested by and in accordance with the instructions of the chairman of the board of recreation commissioners.
l. 
Supervise the installation, removal, repair and maintenance of the municipal parking meters and the collection of proceeds therefrom.
[Ord. No. 770-09 §§ 1,2]
a. 
Establishing a Cable Television Advisory Board. There is hereby established, under the department of public works and public property, a cable television advisory board in the City of Wildwood. Said board shall consist of seven members and two alternates, to be appointed by the mayor, with the advice and consent of the board of commissioners of the City of Wildwood. Members of the cable television advisory board shall serve without compensation. The initial appointees to the board shall serve terms with expiration dates as follows:
1. 
Four regular members — terms expire 12/31/2010.
2. 
Three regular members — terms expire 12/31/2009.
3. 
Alternate No. 1 — term expires 12/31/2009.
4. 
Alternate No. 2 — term expires 12/31/2009.
Thereafter, all subsequent appointees as regular members shall serve two-year terms, commencing on January 1. Alternate No. 1 and Alternate No. 2 members shall serve one-year terms, commencing on January 1 and expiring on December 31 of the same year.
b. 
Purpose. The purpose of the cable television advisory board is to establish guidelines and make recommendations concerning the cable television franchise application/renewal process, while reviewing and monitoring any franchise awarded. The cable television advisory board shall utilize such secretary as may be appointed by the director of the department of public works and public property, and shall utilize the services of the municipal solicitor for all legal matters.
[Ord. No. 380-95 § 1A-9.1]
There shall be a municipal court of the City of Wildwood pursuant to the provisions of Chapter 246 of the 1948 Laws of New Jersey, as amended and supplemented, to be known as the "Municipal Court of the City of Wildwood, Cape May County". The municipal court shall have a seal bearing the impress and name of the court. The municipal court shall be held in the City Hall of the City of Wildwood or in such other place as the board of commissioners shall, from time to time by resolution, designate. It shall exercise all the functions, powers, duties and jurisdiction conferred upon municipal courts by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by any other law.
[Ord. No. 380-95 § 1A-9.2]
There shall be a municipal magistrate of the municipal court appointed by the board of commissioners, who shall serve for a term of three years from the date of appointment and until a successor is appointed and qualifies. The municipal magistrate shall possess the qualifications and shall have and exercise all of the functions, duties, powers and jurisdiction conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by any other general law or ordinance.
[Ord. No. 380-95 § 1A-9.3]
There shall be a clerk of the municipal court, who shall be appointed by the board of commissioners and who shall perform the functions and duties prescribed for him by law, the rules applicable to municipal courts and by the municipal magistrate. His duties shall include, but shall not be limited to:
a. 
Carrying out the rules, regulations, policies and procedures relating to the operation of the court.
b. 
Interviewing and speaking to prospective complainants, receiving complaints and dispensing information relating to court matters.
c. 
Maintaining the financial records of the court.
d. 
Attending court, taking minutes of trials and entering them in the docket; arranging trial calendars, signing court documents; preparing and issuing warrants and commitments.
e. 
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.
f. 
Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issue summonses requiring court appearances in this regard; maintaining and classifying records and files.
[Ord. No. 380-95 § 1A-9.4; Ord. No. 869-11]
a. 
An indigent defendant applying for representation by the municipal public defender in the City of Wildwood shall pay an application fee of two hundred ($200.00) dollars.
b. 
The municipal court judge may waive the required application fee, in whole or in part, if the judge determines, in his or her discretion, that the application fee represents an unreasonable burden on the person seeking representation.
[Ord. No. 380-95 § 1A-10.1]
a. 
The budget shall be prepared by the director of revenue and finance with the aid of the municipal auditor and the chief financial officer. During the month of October, the board of commissioners shall require all department heads to submit requests for appropriations for the ensuing budget year and to appear before the board at public hearings which shall be held during the month of November on the various requests. On or before January 15, the director of revenue and finance shall submit the recommended budget to the board of commissioners, together with explanatory comment or statement as he may deem desirable.
b. 
The budget document shall be prepared in such form as is required by law for municipal budgets and in accordance with the charter. There shall be appended to the budget a detailed analysis of all items of expenditure and revenue all in accordance with N.J.S.A. 40A:4-1 (the Local Budget Law).
c. 
The board of commissioners may reduce or increase any item or items in the proposed budget by a vote of the majority of the board of commissioners.
[Ord. No. 380-95 § 1A-10.2]
a. 
The chief financial officer shall supervise the administration of each annual budget. In consultation with the director of revenue and finance and the municipal auditor, he shall establish quarterly or other periodic allotment of appropriations as he may deem necessary. Each department shall plan and administer its expenditure program within the limits of these allotments.
b. 
If at any time during the budget year the chief financial officer shall ascertain that the city government is faced with the probability of incurring a cash deficit for the current year, he shall reconsider the work programs and allotments of the several departments. Upon such reconsideration and with the approval of the board of commissioners, he may revise budget allotments so as to forestall, as far as possible, the making of commitments and expenditures in excess of the revenues to be realized and finance a copy of such revised allotments, and the director of revenue and finance shall control all expenditures within the limits thereof.
[Ord. No. 380-95 § 1A-10.3; Ord. No. 438-97 § 2; Ord. No. 447-97 § 1]
a. 
Public bids received pursuant to N.J.S.A. 40:11-1 et seq. may be received at a time and place designated by the board of commissioners or by the purchasing agent, or a representative of that office, who shall attend the public bid opening. The purchasing agent shall supervise the bid acceptance meeting. A representative from the city clerk's office will be present to record the proceedings.
b. 
The purchasing agent, under the supervision of the commissioner of public affairs and public safety, is empowered to prepare specifications for the performance of work or the purchases or furnishing or hiring of any materials, supplies or services needed by the city, to publicly advertise for and receive bids on the aforesaid, to require bidding deposits made in conjunction with bids and performance security from contractors who are awarded bids, and, when desirable, to establish regulations for the qualification of prospective bidders and classify and reclassify prospective bidders, all in accordance with N.J.S.A. 40A:11-1 et seq.
c. 
All advertisements for bids shall be published at least once, ten days prior to the date fixed to receive bids, in the official newspaper of the city. All bids requiring public advertisement shall designate the manner of submitting bids, the method of receiving bids and the time and place for receipt of bids.
d. 
Bids received in advance shall remain sealed and shall only be opened for examination at the time and place fixed for the receipt of bids. At the time and place set for the receipt of bids, all bids tendered shall be publicly received and immediately unsealed and their contents announced publicly in the presence of any present bidding parties or their agents. The price and terms of the bids shall become incorporated, as a part of the minutes of the board meeting at which the board of commissioners takes action thereon.
e. 
The board of commissioners shall award the contract or reject all bids within 60 days after receipt. The board of commissioners shall reserve the right at all times to reject any and all bids received.
f. 
The security delivered with the bids shall be returned to the unsuccessful bidders within three days, Saturdays, Sundays and holidays excepted. The security of the successful bidder shall be retained until a contract is executed and any performance security has been submitted.
g. 
In awarding the bid, any authorized formal contract shall be executed by the mayor, attested by the clerk and the seal of the city affixed thereto. In lieu of a formal contract, the purchasing agent may issue a purchase order to the successful bidder for the required purchase. The successful bidder shall then be required to perform in accordance with the terms set forth in the specifications for such items.
[Ord. No. 380-95 § 1A-12]
The board of commissioners shall serve as the alcoholic beverage control board and shall be the issuing authority for the city and shall assume all duties, powers, functions as conferred upon it by N.J.S.A. 33:1-1 et seq. The alcoholic beverage control board shall be represented by the municipal solicitor in all matters when requested or required.
[Ord. No. 380-95 § 1A-13.1]
All references in any other ordinance or resolution to the mayor and/or council which exists by virtue of the prior form of government shall be interpreted as the mayor and commissioners of the City of Wildwood. Such provisions shall be liberally construed to effectuate the organization and regulation of this municipal government and the enforcement of the ordinance as adopted by this municipality. All ordinances and resolutions of the city to the extent that they are not inconsistent with the provisions of this code or general law shall remain in full force and effect until modified or repealed as provided by law.
[Ord. No. 380-95 § 1A-13.2]
Offices, employment and positions within the classified service of the Civil Service under Title 11 of the Revised Statutes of New Jersey or which are held by any officer or employee protected by any other tenure-of-office law and their respective compensations, as created and established by ordinance in force and effect, shall be continued. Nothing contained in this chapter shall affect the compensation, tenure or pension rights of any officer or employee employed in such classified service or under any such protected tenure.
[Ord. No. 380-95 § 1A-13.3]
Each person holding such office or employment shall be transferred to and employed within the department or agency to which the functions, powers and duties in which he was formerly employed are transferred and vested by or pursuant to this code.
[Ord. No. 380-95 § 1A-14]
Certain new positions for employees employed by the City of Wildwood shall be established, as the same are included in a certain schedule which shall augment and supplement positions of employment existing within the city. An exact schedule or listing of the positions is included in the following schedule:
Supervising parking lot attendant.
Public works foreman.
Beach maintenance superintendent.
Sewage plant operator.
Sewage plant foreman.
Senior building maintenance worker.
Water service inspector.
Laborer-foreman.
[Ord. No. 380-95 § 1A-16]
If, in the discretion of a majority of the board of commissioners, it is deemed necessary to create additional departments or subdivisions of existing departments, the board of commissioners may, by majority vote, create the same through resolution.