Editor's Note: Manasquan is governed under the Borough
form of government outlined in Chapter 60 of Title 40A of the New
Jersey Statutes Annotated. The administrative chapter has been drafted
in conformity with the Borough law and in many instances provisions
have been restated. Other enabling laws relevant to this chapter are
N.J.S.A. 2A:9-7, et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning
Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A.
26:3-1, Board of Health; and N.J.S.A. 40A:14-3, Police Department
and Fire Department.
For statutes requiring the taking of oaths of office and
requiring bond of certain officers and employees, see Local Fiscal
Affairs Law, N.J.S.A. 40A:5-33 et seq.
For salary grades and ranges, wages, compensation and
fees of all officers and employees of the Borough, see annual Salary
Ordinances of the Borough. Such ordinances are not included in these
Revised Ordinances, but are saved from repeal in the Adopting Ordinance.
Mayor and Borough Council
[New]
The Council shall consist of the Mayor and six Councilmembers
elected at large in the Borough, all of whom shall be elected and
take office in the manner provided by law. The term of office shall
commence January 1 next following their election.
[New]
The Council shall by ordinance adopt rules of procedure not
inconsistent with this chapter. The rules shall provide for standing
committees of the Council.
[New]
Council shall take appropriate action to insure that ordinances
and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the Borough Council
for any reason other than the expiration of term of office, the vacancy
shall be filled pursuant to State statutes.
[New]
Every person appointed by the Mayor, the Borough Council or
by the Governor to fill a vacancy, either for the unexpired term or
temporarily, shall have the qualifications required by statute to
permit the appointee to qualify for election to the office, and if
the previous incumbent had been elected to office as the nominee of
a political party, the person so appointed shall be of the same political
party.
[New]
The Council shall meet for organization on the first day of
January, or during the first seven days in January in any year at
such time and place as the Council may direct. Thereafter, the Council
shall meet regularly within the Borough at such times and places as
provided by the Rules of Council. The Mayor shall when necessary call
special meetings of the Council. In case of his neglect or refusal,
any four members of the Council may call such meetings at such time
and place in the Borough as they may designate. In all cases of special
meetings, 48 hours' written notice (or actual voice contact) shall
be given to all members of the Council. Written notice may be by leaving
such notice at their places of residence.
[New]
The Mayor shall preside over all meetings of the Council but
shall not vote except to give the deciding vote in case of a tie.
Except as otherwise provided by statute or specific ordinance, the
Mayor shall nominate and, with the advice and consent of the Council,
appoint all officers in the Borough. No appointments requiring Council
confirmation shall be made except by a majority vote of the Council
members present at the meeting, provided that at least three affirmative
votes shall be required for such purpose, the Mayor to have no vote
thereon except in the case of a tie. Vacancies in appointive offices
shall be filled by appointment in the same manner for the unexpired
term only. The Mayor shall make such nomination to fill a vacancy
within 30 days after the appointive office becomes vacant. If the
Mayor fails to nominate within 30 days or the Council fails to confirm
any nomination made by the Mayor, then, after the expiration of 30
days, the Council shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances
of the Borough are faithfully executed, and shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
The Mayor shall supervise the conduct and acts of all officers
in the Borough and shall execute all contracts made on behalf of the
Council.
[1972 Code § 2-3]
The Mayor shall on all occasions preserve order and decorum,
and he shall cause the removal of all persons who interrupt the orderly
proceedings of the Council.
[New]
At the organizational meeting the Council, by a majority vote,
shall elect from their number a President of the Council, who shall
preside at all of its meetings when the Mayor does not preside. The
President of the Council shall hold office for one year and until
the next annual meeting. The President of the Council shall have the
right to debate the vote on all questions before the Council. If the
Council at its annual meeting fails to elect a President, the Mayor
shall appoint the President from the Council and in that case no confirmation
by the Council shall be necessary. If the Mayor is absent from the
Borough for a period of three consecutive days or for any reason is
unable to act, the President of the Council shall perform all the
duties of the Mayor during his absence or inability. In case of the
Mayor's intended absence from the Borough for more than three days
at any one time, the Mayor shall notify the President in writing of
such intended absence, whereupon the President shall become Acting
Mayor upon the receipt of such notice and continue to act until the
Mayor's return. In case of the temporary inability of the President
to so act, the Councilmember having the longest term of service as
such may act temporarily for the President.
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Rules of Order
|
[1972 Code § 2-1; Ord. No. 1247]
The deliberations of the Council shall be governed by "Roberts
Rules of Order," except when the same are in conflict with the laws
of the State of New Jersey or these bylaws, in which event the "Roberts
Rules of Order" shall be inapplicable.
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Mayor
|
[1972 Code § 2-2; Ord. No. 1247]
The Mayor shall preside over the deliberation of the Council
and shall conduct the meetings thereof. He shall also participate
in the determination of Borough affairs to the extent permitted by
statute.
[1972 Code § 2-3; Ord. No. 1247]
The Mayor shall on all occasions preserve order and decorum,
and he shall cause the removal of all persons who interrupt the orderly
proceedings of the Council.
[1972 Code § 2-4; Ord. No. 1247]
When two or more members of Council shall request recognition
at the same time, the Mayor shall name the one entitled to the floor.
[1972 Code § 2-5; Ord. No. 1247]
The Mayor shall decide all questions of order without debate
subject to an appeal to the Council, and he may call upon the Council
for the opinion of the Council upon any question of order.
[1972 Code § 2-6; Ord. No. 1247]
The Council President shall serve as the liaison between the
Council and all boards, committees, agencies or organizations except
as herein assigned to a specific Council Committee for liaison purposes.
[1972 Code § 2-7; Ord. No. 1247]
In the absence of the Mayor, or if he is unable to perform his
duties, the Council President (or, in his inability to act, the Councilmember
having the longest term of service) shall act as Mayor, as provided
by statute.
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Municipal Clerk
|
a.
The Clerk shall perform the duties enjoined upon that office by the
New Jersey Statutes and these bylaws.
b.
The Clerk shall keep the minutes and ordinance books properly and
fully indexed and shall perform all the duties usually devolving upon
such officer, and in addition, such other duties or services as Council
may require or direct.
[1972 Code § 2-9; Ord. No. 1247]
The Council shall hold an annual meeting during the first seven
days of January of any year, which meeting will be held within the
Borough and at such time and place as Council may by resolution direct.
[1972 Code § 2-10; Ord. No. 1247]
That at the aforesaid meeting the Council shall fix the time
and place for holding regular meetings during the ensuing year which
time and place shall not be changed except by resolution adopted at
a regular meeting.
[1972 Code § 2-11; Ord. No. 1247]
At the annual meeting, the Council will elect one of its members
as Council President to serve for one year and until the next annual
meeting.
[1972 Code § 2-12; Ord. No. 1247; New]
The Mayor shall, when necessary, call special meetings of the
Council; in case of his neglect or refusal, any four members of the
Council may call such meeting at such time and place in the Borough
as they may designate, and in all cases of special meetings reasonable
advance notice, considered to be of 48 hours, except in case of emergency,
shall be given in person or by telephone, or written memorandum to
all members of the Council.
[1972 Code § 2-13; Ord. No. 1247]
Three Councilmembers and the Mayor, and in the absence of the
Mayor, four Councilmembers shall constitute a quorum.
[1972 Code § 2-14; Ord. No. 1247]
If no quorum be present at any meeting, those assembled shall
have power and are hereby authorized to set a new meeting date, and
then adjourn.
[1972 Code § 2-15; Ord. No. 1247; Ord. No. 1623-94; Ord. No. 1740-98 § 1]
The following order of business for a regular public meeting
shall be observed:
a.
Call to Order;
b.
Mayor's Welcoming Statement;
c.
Silent Prayer and Salute to the Flag;
d.
Roll Call;
e.
Mayor's Statement Re: Open Public Meetings Act of 1975;
f.
Mayor's Proclamations;
g.
Mayor's Appointments;
h.
Consent Agenda — Resolutions;
i.
Ordinances for First Reading;
j.
Ordinances for Second and Final Reading and Public Hearing;
k.
Correspondence;
l.
Committee Reports;
m.
Audience Participation;
n.
Adjournment.
[1972 Code § 2-16; Ord. No. 1247]
The aforesaid order of business at any meeting may be changed
by a majority vote of the members of the Council present at such meeting
or by the Mayor with consent of the Council.
[1972 Code § 2-17; Ord. No. 1247]
Except as otherwise required by the statutes, or specifically
provided in these Bylaws, all action of the Council shall be by a
majority vote of those present.
[1972 Code § 2-18; Ord. No. 1247]
Upon demand of one member of the Council or when ordered by
the Mayor, or when directed by statute or upon demand of one member
of the Council, a roll call vote shall be taken and the yeas and nays
entered in the minutes of the meeting.
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Appointment of Standing Committees of Council
|
[1972 Code § 2-19; Ord. No. 1247; Ord. No. 1740-98 § 2; Ord. No. 1801-99]
The Council shall, by a vote of a majority of its Members, appoint
all Committee Members.
[1972 Code § 2-20; Ord. No. 1247; Ord. No. 1623-94; Ord. No. 2170-14; Ord.
No. 2199-15 § 1; Ord.
No. 2219-2016 § 1; Ord.
No. 2249-18; amended 12-21-2020 by Ord. No. 2329-20; 2-7-2022 by Ord. No. 2366-22]
The following standing committees of the Council, consisting
of three council members each shall be appointed as follows.
[1972 Code § 2-21; Ord. No. 1247; amended 2-7-2022 by Ord. No. 2366-22]
[1972 Code § 2-22; Ord. No. 1247]
The Standing Committees are appointed to expedite and facilitate
the work of the Council, but only within statutory limits as the entire
Council is held responsible for any or all of its acts performed within
the scope of authority.
a.
A Standing Committee shall:
1.
Meet when requested by the Chairman, or a majority of the committee,
and all members thereof shall participate actively in the committee
deliberations, performance of duties and the formulation of its recommendations
to the Council.
2.
Plan, study, direct, and carry on the routine activities for which
it has primary responsibility.
3.
Perform such acts as may be assigned to it by the Council.
4.
Report and make recommendations to the Council regarding its responsibilities
and activities.
[1972 Code § 2-23; Ord. No. 1247; Ord. No. 2170-14; Ord. No. 2199-15 § 3]
Advisory Committees may be appointed by the Council for purposes
other than those included in the duties of the Standing Committees
and shall include, but not limited to, the following:
[1972 Code § 2-24; Ord. No. 1247; New]
In case of death, resignation, removal from office, or incapacity
of any Committee Chairperson, the Council shall, by a vote of a majority
of its members, shall appoint the successor Chairperson. The Council
may, by vote of a majority of its members, change existing Committee
assignments and/or Chairpersons when it is in the best interest of
the Borough to do so.
[1972 Code § 2-25; Ord. No. 1247]
The Chairman of each Standing or Special Committee shall be
prepared to report to the Mayor and Council at each regular meeting
on principal activities and achievements of his committee.
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Duties of Standing Committees of the Council[1]
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[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18; amended 12-21-2020 by Ord. No.
2329-20; 2-7-2022 by Ord. No. 2366-22]
The Administration and Finance Committee shall have primary
responsibility for the following described activities and matters:
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18; amended 12-21-2020 by Ord. No.
2329-20; 2-7-2022 by Ord. No. 2366-22]
The Beach Committee shall have primary responsibility for the
following described activities and matters:
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18; amended 12-21-2020 by Ord. No.
2329-20; 2-7-2022 by Ord. No. 2366-22]
The Code and Land Use Committee shall have primary responsibility
for the following described activities and matters:
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18; amended 12-21-2020 by Ord. No.
2329-20; 2-7-2022 by Ord. No. 2366-22]
The Public Safety Committee shall have primary responsibility
for the following described activities and matters:
[Ord. No. 2170-14; Ord. No. 2199-15 § 2; Ord. No. 2219-2016 § 2; Ord. No. 2249-18; amended 12-21-2020 by Ord. No.
2329-20; 2-7-2022 by Ord. No. 2366-22]
The Public Works and Construction Committee shall have primary
responsibility for the following described activities and matters:
[Added 2-7-2022 by Ord. No. 2366-22]
Editor's Note: Former § 2-5.31, Public Works Committee,
Ord. No. 2219-2016 § 2; Ord. No. 2249-18, was repealed pursuant
to Ord. No. 2329-20, adopted 12-21-2020.
The Recreation Committee shall have primary responsibility for
the following described activities and matters:
[1]
Editor's Note: Former § 2-5.32, Liaisons Not Assigned
to Committees, Ord. No. 2170-14; Ord. No. 2219-2016 § 3, was repealed
pursuant to Ord. No. 2329-20, adopted 12-21-2020.
[1972 Code § 2-32; Ord. No. 1247]
The Seal of the Borough shall be as hereinafter impressed.
[1972 Code § 2-33; Ord. No. 1247]
The seal shall be in the custody of the Clerk and shall be impressed
on all appropriate documents or papers.
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Officers and Employees
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[New]
There shall be a Municipal Clerk appointed by the Mayor and
Borough Council. The term of Office of the Clerk shall be three years.
[New]
No person shall be appointed as Municipal Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[New; Ord. No. 2035-08 § 2]
The Municipal Clerk shall:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The Borough Council
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of record;
b.
Act as secretary to the Borough Council, prepare meeting agendas
at the discretion of the Council, be present at all meetings of the
Council, retain the original copies of all ordinances and resolutions,
and record the minutes of every meeting;
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes Annotated;
d.
Serve as chief registrar of voters in the Borough, subject to the
requirements of Title 19 of the New Jersey Statutes Annotated;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where Statute or ordinance has delegated that
responsibility to some other Borough officer;
1.
The Borough Council designates the Municipal Clerk of the Borough
of Manasquan as the person having authority to approve the granting
of raffle and bingo licenses pursuant to the terms of N.J.S.A. 13:47-1.1.
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey Statutes Annotated;
g.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by ordinance or regulation.
[New]
a.
Office Created. Pursuant to N.J.S.A. 40:46-2.1 the off-ice of Deputy
Municipal Clerk is hereby created in the Borough.
b.
Appointment and Confirmation. The Deputy Municipal Clerk shall be
appointed by the Mayor and confirmed by the Council in accordance
with the laws relating to appointive officers.
c.
Terms of Office. The term of office of the Deputy Municipal Clerk
shall be for one year and shall continue until the successor to the
office shall have been appointed and confirmed or until the office
shall have been abolished.
d.
Powers and Duties. The Deputy Municipal Clerk shall assist and be
under the direction of the Municipal Clerk in the performance of his
duties and shall perform such other duties as the Borough Council
may prescribe. In the absence or temporary disability of the Municipal
Clerk, the Deputy Clerk shall perform the duties of the Municipal
Clerk.
e.
Compensation. The compensation of the Deputy Municipal Clerk shall
be as provided in the Salary Ordinance.
[New]
By virtue of N.J.S.A. 40A:9-140.1, the New Jersey Legislature
mandated that the Governing Body of each municipality must, by ordinance,
create the position of Chief Financial Officer.
[New]
There is hereby created the position of Certified Municipal
Financial Officer of the Borough of Manasquan in accordance with N.J.S.A.
40A:9-140.1. The Chief Financial Officer shall be appointed by the
Mayor with the approval of the Borough Council for a four-year term
commencing January 1 of the year in which he/she is appointed. The
Governing Body may appoint such Assistant or Deputy Municipal Financial
Officers as it sees fit.
[New]
The Chief Financial Officer shall:
a.
Receive funds entrusted, received or under the control of any department
and deposit all funds received by him/her in depositories authorized
by the Governing Body by resolution.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all moneys of the
Borough not required for current operations safely invested or deposited
in interest bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
d.
Keep a full account of all cash receipts and disbursements of the
Borough and at least once each month, or more often if the Governing
Body requires, furnish the Governing Body with a statement of all
moneys received and expended by him/her.
[New]
The Chief Financial Officer and any Assistants or Deputies shall
receive such compensation as shall be prescribed in the Salary Ordinance
of the Borough.
[New]
a.
Notwithstanding the provisions of any other law to the contrary,
any person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Municipal Clerk and with the Division of Local Government
Services in the Department of Community Affairs a notification evidencing
his compliance with this section.
b.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[Ord. No. 2086-11 § 1]
There is hereby created the position of Purchasing Agent for
the Borough of Manasquan.
[Ord. No. 2086-11 § 2]
The Purchasing Agent shall be appointed by the Governing Body.
[Ord. No. 2086-11 § 3]
The Purchasing Agent is required to possess a valid Qualified
Purchasing Agent certificate, as issued by the New Jersey Division
of Local Government Services, Department of Community Affairs.
[Ord. No. 2086-11 § 4]
The Purchasing Agent shall have, on behalf of the Governing
Body of the Borough of Manasquan, the authority, responsibility and
accountability for the purchasing activity pursuant to Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising
for and to receive bids and requests for proposals for the provision
or performance of goods, services and construction contracts; to award
contracts pursuant to New Jersey law in accordance with the regulations,
forms and procedures promulgated by State regulatory agencies; and
conduct any activities as may be necessary or appropriate to the purchasing
function of the Borough of Manasquan.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[New]
The Tax Assessor shall hold the Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty of assessing
property for the purpose of general taxation. Nothing in this section
shall affect adversely the salary or tenure rights acquired pursuant
to N.J.S.A. 54:1-35.31 or any other law.
[New]
The Tax Assessor shall perform the duties required of the holder
of such office pursuant to Title 54 of the New Jersey Statutes and
such regulations as may be promulgated by the New Jersey Division
of Taxation and the Monmouth County Board of Taxation.
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a Municipal Assessor.
b.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
c.
Maintain a current tax map of the Township 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.
d.
Report to the Township Committee as to equalization proceedings and
other matters involving the County Tax Board and make recommendations
as to action to be in that regard.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[New]
Pursuant to N.J.S.A. 40A:9-141 et seq., the Mayor and Borough
Council shall appoint the Tax Collector who shall be charged with
the duty of collecting taxes upon real property in the Borough.
[New]
The Tax Collector shall hold office for a term of four years
from January 1 next following his appointment. Vacancies other than
those due to expiration of term shall be filled by appointment for
the unexpired term.
[New]
In accordance with N.J.S.A. 40A:9-139 there is hereby created
by the Borough of Manasquan the position of Borough Attorney.
[New]
The Borough Attorney shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[New]
The Borough Attorney shall be appointed by the Mayor with the
confirmation of the Borough Council, and shall hold such position
for a term of one year from January 1 of the year in which the appointment
is made.
[New]
a.
The Borough Attorney shall serve as legal advisor to the Governing
Body and to the Borough Officers and employees on matters pertaining
to their duties, to represent the Borough in litigations except where
the Borough Council directs otherwise, to draft all contracts, ordinances
or other documents needed by the Borough and to render such other
legal services as may be required by the Borough Council.
b.
It shall be the duty of the Attorney to see to the full enforcement
of all judgments or decrees rendered or entered in favor of the Borough
and of all similar interlocutory orders.
c.
It shall be the duty of the Attorney to see to the completion of
all special assessment proceedings and condemnation proceedings.
[1972 Code § 22-1; Ord. No. 964]
The position of Prosecutor is hereby established in the Borough
of Manasquan.
[1972 Code § 22-2]
The Municipal Court Prosecutor shall be a duly licensed Attorney-at-Law
of the State of New Jersey.
[1972 Code § 22-2]
The Municipal Court Prosecutor shall be appointed by the Mayor
and confirmed by the Borough Council for a term of one year effective
January 1 of each year and until December 31 of the same year and
until the appointment and qualification of his successor.
Former subsection 2-14.4, Compensation, previously codified
herein, was repealed in its entirety by Ord. No. 2079-11.
[1972 Code § 22-3; New]
The Prosecutor shall, under the direction of the Mayor and Council,
represent the Borough in the Municipal Court of the Borough of Manasquan.
The Prosecutor shall exercise such powers and duties as are
assigned to such office by the Statutes of New Jersey and such other
authority as may be assigned by the Borough Council.
[Ord. No. 1738-98 § 2]
There is hereby established the position of Municipal Public
Defender. This position shall be filled by an appointment by the Mayor
with the advice and consent of the Borough Council.
[Ord. No. 1738-98 § 3]
The term of office of the Municipal Public Defender shall be
one year, commencing January 1 of the calendar year of appointment
and concluding December 31 of that same year; provided however, the
Municipal Public Defender may continue to serve in office pending
reappointment or appointment of a successor.
[Ord. No. 1738-98 § 4]
The Municipal Public Defender shall be an attorney at law of
the State of New Jersey.
[Ord. No. 1738-98 § 5]
In addition to any other means provided by law for the removal
from office of a public official, the Municipal Public Defender may
be removed by the Governing Body for good cause shown and after a
public hearing, and upon due notice and an opportunity to be heard.
[Ord. No. 1738-98 §§ 6,
7]
[Ord. No. 1738-98 § 8]
If a vacancy in the position of Municipal Public Defender shall
occur other than by expiration of the term of office, it shall be
filled by an appointment by the Mayor with the advice and consent
of the Borough Council for the unexpired term.
Former subsection 2-15.7, Compensation, previously codified
herein and containing portions of Ordinance No. 1738-98, was repealed
in its entirety by Ordinance No. 2079-11.
[Ord. No. 1738-98 §§ 10-13;
Ord. No. 2180-15]
a.
Application for Service. In order to obtain the services of the Municipal
Public Defender, an application must be filed in the Municipal Court.
The Municipal Court Judge shall make a decision regarding entitlement
of a defendant to representation by the Municipal Public Defender
in accordance with the provisions of P.L. 1997, c. 256.
b.
Application Fee.
1.
A defendant seeking to obtain the services of the Municipal Public Defender shall be required to pay an application fee as stated in Chapter 16, Fees. This application fee shall be paid by each defendant making application for the services of the Municipal Public Defender regardless of whether such defendant is found to be eligible for these services by the Municipal Court Judge.
2.
In accordance with guidelines promulgated by the Supreme Court, the
Municipal Court may waive any required application fee, in whole or
in part, only if the Court determines, in its discretion, upon a clear
and convincing showing by the defendant that the application fee represents
an unreasonable burden. The Municipal Court may permit a defendant
to pay the application fee over a specific period of time not to exceed
four months.
c.
Application Fees to be Deposited in Dedicated Fund; Purpose. Application
fees collected by the Municipal Court shall be deposited in a dedicated
fund administered by the Chief Financial Officer of the Municipality.
These funds shall be used exclusively to meet the costs incurred in
providing the services of the Municipal Public Defender, including,
where required, expert and lay investigation and testimony.
d.
Reimbursement of Costs of Services Rendered.
1.
If a defendant has or reasonably expects to have means to meet some
part, though not all, of the cost of services rendered, the defendant
shall be required to reimburse the Municipality, either by a single
payment or in installments in such amounts as that person can reasonably
be expected to pay; provided however, no default or failure in making
payment shall affect or reduce the rendering of services by the Municipal
Public Defender.
2.
The Municipality shall have a lien on any property which the defendant
receiving services of the Municipal Public Defender shall have or
subsequently acquire in an amount equal to the reasonable value of
the services rendered to that defendant by the Municipal Public Defender.
The value of services shall be calculated at the same rate as the
Office of the Public Defender bills clients at that time.
3.
The Municipal Attorney shall have the power and authority to effectuate
a lien for the Municipality in accordance with the provisions of P.L.
1997, c. 256.
[1972 Code § 18-21; Ord. No. 1142]
a.
There is hereby established the position of Local Historian in the
Borough, pursuant to N.J.S.A. 40:10A-1 et seq.
b.
The Local Historian shall be appointed by the Mayor for a term of
one year, commencing on January 1st in the year in which the appointment
is made. A vacancy in the term of the Local Historian shall be filled
for the unexpired term only.
c.
The Local Historian shall serve without compensation.
d.
The Local Historian shall have the powers, duties and responsibilities
as shall be authorized by N.J.S.A. 40:10A-1 et seq.
[1972 Code § 18-38; Ord. No. 1366]
a.
The position of Emergency Management Coordinator is hereby created.
b.
The person employed in this position shall be responsible for the
development, coordination and activation of a municipal mutual aid
and emergency management plan; shall request, when needed, emergency
management facilities and services available from the County and State
governments, and shall perform such duties as the Mayor and Council
may direct.
[Ord. No. 2143-13; Ord. No. 2266-18; amended 12-5-2022 by Ord. No. 2387-22]
a.
The position of Hazard Mitigation Program Coordinator is hereby created.
b.
The Coordinator shall be responsible for implementation of the municipal
hazard mitigation program, which includes developing and maintaining
the municipal Hazard and Flood Mitigation Plan, acquisition and maintenance
of public warning and emergency response equipment, assisting the
municipal CRS Coordinator with maintenance and development of the
CRS Program, including Activity 330 - Outreach; Activity 350 - Flood
Protection Information; Activity 440 - Flood Data Maintenance; Activity
510 - Floodplain Management Planning and Activity 610 - Flood warning
Program, and all emergency protective measures as defined by FEMA
Category B.
c.
The Coordinator shall provide technical review and analysis of conceptual
plans, cost estimates, engineering plans and specifications, grant
applications, bidding and contract documents including change orders
on assigned projects as required.
d.
The Coordinator shall provide regular project updates, including
the status of construction, grant awards, budgets, design changes,
schedule impacts, etc. to the Municipal Administrator.
e.
The Coordinator shall attend meetings and field visits with the Borough
Engineer, contractors, municipal officials, regulatory agencies, etc.
in order to ensure municipal representation and coordination.
f.
The Coordinator shall attend Borough Council and committee meetings
as required to provide updates to the governing body and general public
as required.
g.
The Coordinator will require specialized training, attendance at
meetings, preparing submittals and budgets, project management and
program administration in order to achieve the objectives of the position.
h.
The salary for the position of Hazard Mitigation Program Coordinator
shall be set by Mayor and Council.
[Ord. No. 2222-2017; amended 2-19-2019 by Ord. No. 2275-19;2-16-2021 by Ord. No. 2333-2021; 9-6-2022 by Ord. No. 2374-22]
a.
The position of Superintendent of Recreation (also known as Recreation
Director) is hereby created.
b.
The person employed in this position shall work under the direction
of the Municipal Administrator and shall perform such duties as the
Mayor and Council may from time to time direct, including those listed
below.
c.
The responsibilities of the Superintendent of Recreation/Recreation
Director shall include:
1.
Administrative and Finance Elements.
(a)
Routine interface with and formal reporting to the Council and
volunteer recreation committees shall take place periodically. Reporting
topics shall include recreation related finances, profit and loss,
participant status and budget analysis.
(b)
Ensuring that the recreation grounds and facilities "use permit"
process is properly administered.
(c)
Overseeing all fund-raising efforts.
2.
Grounds and Facilities Maintenance.
(a)
Coordinating with the Department of Public Works to ensure grounds
and facilities are properly maintained.
3.
Recreation Technology Mastery.
(a)
Developing and maintaining mastery of all recreation-related
technology including Community Pass, Edmunds, Excel, PowerPoint, Instagram,
Facebook and other related technology.
5.
Supervision and Oversight of Recreation Staff; Hiring; Volunteer
Recruiting.
(a)
Direct supervision of the Recreation Supervisor (known internally
as the Assistant Recreation Director) and the Public Information Assistant
(known internally as the Recreation Social Media Coordinator).
(b)
Conduct of regular meetings with staff (to include pre-drafting
of agendas and recording of meeting minutes) and reporting the results
of these meetings to the Council Recreation Committee.
(c)
Coordinating with the Borough Personnel Director to administer
staff hiring, onboarding, training, evaluation, etc.; coordinating
with the Borough Personnel Officer to recruit volunteers.
6.
Volunteer Recreation Committee and Community Outreach.
(a)
Scheduling, coordinating and presiding over periodic Volunteer
Recreation Committee meetings ensuring communication to and from the
Volunteer Recreation Committee to the Council Recreation Committee
takes place.
(b)
Ensuring that volunteer appreciation measures are maintained.
(c)
Ensure that the recreation sign board is kept up to date.
[1972 Code § 21-1; Ord. No. 1630-94]
There is hereby created in and for the Borough of Manasquan
a Police Department which shall consist of a Chief of Police and such
members and officers as shall be deemed necessary by the Borough Council
which shall determine the number of persons, including temporary officers
and members in an emergency, to be appointed to these positions together
with their compensation. Officers and members of the Police Department
shall be appointed by resolution of the Borough Council.
[1972 Code § 21-2; Ord. No. 1630-94]
The Police Department shall: Preserve the public peace; protect
life and property; detect, arrest and prosecute offenders of the laws
of New Jersey and the ordinances of the Borough of Manasquan; direct
and control traffic; provide attendance and protection during emergencies;
provide appearances in court; cooperate with all other law enforcement
agencies; and provide training for the efficiency of its members and
officers.
[1972 Code § 21-4; Ord. No. 1630-94; Ord. No. 2170-14]
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Public Safety Committee for
its efficiency and day-to-day operation. Pursuant to policies established
by the Public Safety Committee, the Chief of Police shall:
a.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directive for the disposition and discipline
of the Department and its members and officers;
b.
Have, exercise and discharge the functions, powers and duties of
the Police Department;
c.
Prescribe the duties and assignments of all members and officers;
d.
Delegate such authority as may be deemed necessary for the efficient
operation of the Police Department to be exercised under the Chief's
direction and control; and
e.
Report at least monthly to the Public Safety Committee in such form
as shall be prescribed on the operation of the Police Department during
the preceding month and make such other reports as may be requested
by the Public Safety Committee.
[1972 Code § 21-5; Ord. No. 1630-94; Ord. No. 2170-14]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The Public Safety
Committee may also require that an applicant for appointment to the
Police Department shall successfully complete a physical, mental and
psychological examination.
[1972 Code § 21-6; Ord. No. 1630-94]
No member or officer of the Police Department shall be suspended,
removed, fined or reduced in rank for any cause other than for incapacity,
misconduct or disobedience as provided in the New Jersey Statutes
and the Police Department's Rules and Regulations.
[1972 Code § 21-7; Ord. No. 1630-94; Ord. No. 2210-2016]
The Borough Council may appoint Special Law Enforcement Officers
in accordance with New Jersey Statutes for terms not exceeding one
year. They shall possess and exercise all the powers and duties provided
by the statutes during their term in office, but shall not be continued
as regular members of the Police Department and shall not be entitled
to tenure. The Chief of Police may authorize Special Law Enforcement
Officers when on duty to exercise the same powers and authority as
regular members of the Police Department including the carrying of
firearms and the power of arrest.
The number of Special Law Enforcement Officers designated as
Class One members shall not exceed 50 persons. The number of Special
Law Enforcement Officers designated as Class Two members shall not
exceed 50 persons.
a.
Class One. Officers of this class shall be authorized to perform
routine traffic detail, spectator control and similar duties. If authorized
by ordinance, Class One officers shall have the power to issue summonses
for disorderly persons and petty disorderly persons offenses, violations
of municipal ordinances and violations of Title 39 of the Revised
Statutes. The use of a firearm by an officer of this class shall be
strictly prohibited and no Class One officer shall be assigned any
duties which may require the carrying or use of a firearm.
[1972 Code § 21-8; Ord. No. 1630-94; Ord. No. 2170-14]
The Chief of Police shall report to the Chairmember of the Public
Safety Committee all charges preferred against any member of the Police
Department, and the Chief of Police may for adequate cause suspend
any member of the Police Department pending trial.
[1972 Code § 21-9; Ord. No. 1630-94]
The Mayor and Borough Council shall try all cases or charges
against any member of the Police Department and its decision by a
majority vote shall be final.
[1972 Code § 21-10; Ord. No. 1630-94; Ord. No. 2170-14]
During the illness or absence of the Chief of Police, the Chairmember
of the Public Safety Committee shall designate a Police Officer who
shall execute and discharge the duties of the Office of the Chief
of Police pro tem and who shall, at all times, discharge such duties
as may be prescribed by the Chief of Police with the approval of the
Public Safety Committee.
[1972 Code § 21-55; Ord. No. 1630-94; Ord. No. 1820-2000 § 2; Ord. No. 2170-14; amended 7-19-2021 by Ord. No. 2360-21]
There is hereby adopted, upon recommendation of the Public Safety
Committee, for the purpose of establishing rules and regulations for
the operation and government of the Manasquan Police Department a
manual entitled “Manasquan Police Department Rules and Regulations.”
The aforesaid manual is incorporated by reference in this ordinance,
and a copy of the manual is on file in the Office of the Municipal
Clerk.
The rules and regulations for the operation of the government
of the Manasquan Police Department is contained in the “Manasquan
Police Department Rules and Regulations” may be changed, altered,
supplemented and amended by resolution duly adopted by the Borough
Council upon recommendation of the Public Safety Committee.
[1972 Code § 21-61; Ord. No. 996; amended 7-19-2021 by Ord. No. 2360-21]
Every member and employee of the department, while on duty,
must at all times be neat and clean in person, his/her clothes cleaned
and pressed, and his/her uniform in conformity with the rules and
regulation of this department.
a.
Grooming.
1.
Male Officers.
(a)
Hair shall be evenly trimmed at all times while on duty. The
maximum extension of the hair outward from the top of the head will
be two inches. The maximum extension from the sides of the head shall
be two inches, provided that the hair shall be gradually tapered so
that it does not protrude outward beyond the top (upper helix) of
the ear and so that it otherwise gives an overall even appearance.
The hair shall at no point extend downward more than 1/2 inch beyond
the hair line at the back of the neck and in no event extend over
the shirt collar in normal posture.
(b)
There shall be no designs cut into the head hair of sworn personnel
or other uniformed personnel. Designs such as numbers, insignias or
other similar inscriptions are strictly forbidden.
(c)
Sideburns shall not extend below the bottom of the ear. The
maximum width at the bottom of the sideburns shall not exceed 1 1/4
inch.
(d)
A clean-shaven appearance is required except that mustaches
are permitted. Mustaches shall be neatly trimmed and shall not extend
more than 1/2 inch below or to the sides of the corner of the mouth.
Mustache ends will not be waxed or twisted.
(e)
Beards shall not be permitted.
(f)
Hair growing from the chest, neck, ears, or nose shall be neatly
trimmed. Chest hair shall not extend over the collar, tie, or exposed
T-shirt.
2.
Female Officers.
(a)
Female officers shall style their hair in such a fashion that
it does not extend beyond the collar. Braids, ponytails, etc. shall
not be permitted on duty. Hair shall be cut and groomed in a neat
fashion and subject to the approval of the Chief of Police.
(b)
A bun or twist will be permitted on the top or back of the head
provided it is worn in a neat manner and does not interfere with the
wearing of the uniform hat.
(c)
No ribbons or ornaments shall be worn in the hair except for
neat inconspicuous bobby pins or conservative barrettes which blend
with the hair color.
(d)
Hair coloring, if used, must appear natural.
(f)
Brassieres that provide adequate support shall be worn.
(h)
Jewelry.
(1)
Chains, medals, etc. shall be worn concealed beneath the uniform
at all times.
(2)
Wristwatches may be worn. Additional bracelets are prohibited.
(3)
More than one finger ring is discouraged. More than two finger
rings are prohibited.
(4)
Earrings and other noticeable piercings are prohibited for all
on duty officers.
(5)
All jewelry shall be worn at the Officer's risk if lost and/or
damaged.
[Ord. No. 1820-2000 § 1; Ord. No. 2170-14]
The Public Safety Committee shall consist of three members of
the Borough Council to be appointed pursuant to Chapter II of the
Borough Code, and is designated as the appropriate authority relating
to police functions for the adoption and promulgation of rules and
regulations for the government of the police force and for the discipline
of its members. The Public Safety Committee shall be responsible for
the overall performance of the Police Department. Upon recommendation
of the Public Safety Committee, the Borough Council shall adopt and
promulgate rules and regulations for the government of the Police
Department and for the discipline of its members.
[1972 Code § 22A-1; Ord. No. 1308]
There is hereby created the Department of Public Works of the
Borough of Manasquan. The Department shall consist of the Superintendent
of Public Works, who shall be the head of the Department of all officers
and employees assigned thereto. All such officers and employees shall
perform their duties subject to the supervision of the Superintendent
of Public Works.
[1972 Code § 22A-2; Ord. No. 1308]
The Department of Public Works shall have charge of and supervision
of the care, maintenance and construction of the following:
a.
Water supply and distribution facilities;
b.
Sanitary sewer facilities;
c.
Public streets and other public ways;
d.
Storm water and drainage facilities;
e.
Municipally owned properties, parks, playgrounds and other recreational
facilities, which are not assigned to some other department or officer
of the Borough; and
f.
Solid waste disposal other than such services as contracted for by
the Borough.
[1972 Code § 22A-3; Ord. No. 1308]
All officers and employees of the Public Works Department shall
be appointed by resolution of the Borough Council.
[1972 Code § 18-18; Ord. No. 1068; Ord. No. 2199-15]
a.
Position Established. The position of Superintendent of Public Works
is hereby established.
b.
Duties. The duties of the person employed in this position shall
be as follows:
1.
To assume full and complete responsibility of all functions of the
Water and Sewer Department, including the supervision and deployment
of all personnel therein. The Public Works Superintendent shall establish
all policy procedures with respect to the Water and Sewer Department
subject to the approval of the Public Works and Property Committee
and/or Council and shall also prepare performance and evaluation reports
to be submitted to the Public Works and Property Committee on a quarter-annual
basis.
2.
To assume full and complete responsibility of all functions of the
Street Department, including the supervision and deployment of all
personnel therein. The Public Works Superintendent shall establish
all policy procedures with respect to the Street Department subject
to the approval of the Public Works and Property Committee and/or
Council and shall also prepare performance and evaluation reports
to be submitted to the Public Works and Property Committee on a quarter-annual
basis.
3.
To assume full and complete responsibility of all functions of the
Parks Department, including the supervision and deployment of all
personnel therein. The Public Works Superintendent shall establish
all policy procedures with respect to the Parks Department subject
to the approval of the Public Works and Property Committee and/or
Council and shall also prepare performance and evaluation reports
to be submitted to the Public Works and Property Committee on a quarter-annual
basis.
4.
The Public Works Superintendent shall have the authority to transfer
or assign personnel to the Departments set forth above in order to
promote the efficient deployment of personnel to the Departments.
[1972 Code § 6-1]
The major public beach, Stockton Beach Park and all walkways
and accessories thereto, all buildings, recreational facilities, parking
lots and equipment located thereon or operated in connection therewith
shall hereafter be operated under a separate department of the Borough
to be known as the Beach Department.[1]
[1]
Editor's Note: All of the lands on the Manasquan beachfront
between the monumented beachfront line on the west and the Atlantic
Ocean on the east, Manasquan Inlet on the south and the Borough of
Sea Girt on the north, being known and designated on the Municipal
Tax Map as Block 165, Lot 33 and Block 180, Lot 1, with the exception
of the lands formerly known as the Manasquan Fisheries (Sea Watch),
Block 165, Lot 32, lands known as Stockton Beach Park, Block 163,
Lot 1, bounded on the north by the Borough of Sea Girt, on the east
by Second Avenue on the south and west by Stockton Lake and Outlet
Creek, and lands known as Block 169.03, Lot 11, Block 169.02, Lot
30, and Block 173, Lots 1.01 and 1.04.
[1972 Code § 6-2]
The Beach Department hereby established shall be operated as
a separate utility of the Borough of Manasquan.
[1972 Code § 6-3]
All revenue received from the operation of the beach utility
shall hereafter be kept in separate accounts so designated as to distinguish
same from the general revenue of the Borough and kept in the same
manner as all municipal utility funds are kept.
|
Municipal Court
|
[1]
Editor's Note: The Municipal Court was originally established
by Ord. No. 622 and codified in the 1972 Code as Chapter 8.
[1972 Code §§ 8-1, 8-2]
There is hereby established in the Borough of Manasquan, pursuant
to N.J.S.A. 2B:12-1 et seq., as amended and supplemented, a Municipal
Court which shall be entitled the "Municipal Court of the Borough
of Manasquan."
[1972 Code § 8-3]
The Municipal Court of the Borough of Manasquan shall have a
seal which shall bear the impress of the name of the Court.
[1972 Code § 8-4]
The Judge of the Municipal Court shall be appointed by the Mayor
with the advice and consent of the Council. The Judge of the Municipal
Court shall serve for a term of three years from the date of his appointment
and until his successor is appointed and qualified. Any appointment
to fill a vacancy caused other than by expiration of term shall be
made for the unexpired term only.
[1972 Code § 8-5; New]
The Municipal Court shall have, possess and exercise all the
functions, powers, duties and jurisdiction, both territorial and subject
matter, in such matters as conferred upon the Court pursuant to N.J.S.A.
2BA:12-1 et seq., as amended and supplemented, and by any other Acts
of the State Legislature.
[New]
The salary of the Municipal Court Judge shall be an annual salary
as established in the Salary Ordinance.
[New]
The Mayor and Council shall provide for a Municipal Court Administrator,
Deputy Court Administrator and any other necessary clerical and other
assistants as may be required for the Municipal Court. Compensation
for the Municipal Court Administrator, Deputy Court Administrator
and other Court personnel shall be established in Salary Ordinance.
|
Boards, Committees and Commissions
|
[1]
Editor's Note: Enforcement of the Board of Health regulations
is provided by contract with the Monmouth County Health Department.
[1972 Code § 15-1]
There shall be in and for this Borough a Board of Health in
accordance with an act to establish in this Borough a Board of Health
and Bureau of Vital Statistics and to define their respective powers
and duties, approved March 31, 1887, and the several supplements thereto,
and more particularly as set forth in N.J.S.A. 26:3-1 et seq., but
not limited thereby.
[1972 Code §§ 15-2, 15-6; Ord. No. 874; Ord. No. 1043]
The Board of Health shall consist of five members. All members
of the Board shall hold office for the term of four years. The members
of the Board of Health shall be appointed by the Mayor with the advice
and consent of the Borough Council. Vacancies shall be filled for
the unexpired term.
[1972 Code § 15-3]
The Board of Health shall adopt rules and regulations for its
own government and shall elect a President from its own members.
[1972 Code § 15-4]
The Board of Health shall appoint a Registrar of Vital Statistics,
Clerk and Sanitary Inspector, and it may also appoint such other officers
or assistants as the Board of Health may deem necessary. All appointees
shall be governed by the rules of the Board, and they may be removed
for cause by the Board.
[1972 Code § 15-5]
The Board of Health shall not contract any debts of any kind
beyond the amount of the appropriations made for its use by the Mayor
and Council.
[1972 Code §§ 23-1 to 23-5; Ord. No. 1091; Ord. No. 1753 § 1; Ord. No. 2060-09 §§ 1, 2; amended 2-19-2019 by Ord. No. 2274-19]
There is hereby established a Recreation Committee in the Borough.
The Board shall consist of seven members who shall be citizens
and residents of the Borough.
a.
Term. The initial appointments to the Committee shall be for a term
of five years for four members and four years for three members. Thereafter
all terms of appointment shall be for five years.
b.
Vacancies. Vacancies in the term of any Committee member shall be
filled for the unexpired term only.
c.
Compensation. The Committee members shall receive no compensation
for their services.
The members of the Committee shall be appointed by the Mayor.
a.
There are hereby established two alternate members to the Committee.
Alternate members shall be designated at the time of appointment as
"Alternate No. 1" and "Alternate No. 2." The initial term of Alternate
No. 1 shall be five years and the initial term of Alternate No. 2
shall be four years. Thereafter, the alternate members to the Committee
shall be appointed for a term of five years.
b.
A vacancy occurring otherwise than by expiration of term shall be
filled by the governing body for the unexpired term only.
a.
The Manasquan Senior Citizen Organization is officially merged into
and shall become a part of the Manasquan Recreation Committee.
b.
One member of the Recreation Committee shall be designated by the
Recreation Committee as liaison to the Manasquan Senior Citizen Organization,
which shall continue to exist as a group under the authority of the
Recreation Committee.
[1972 Code § 28-1; Ord. No. 1085; Ord. No. 2088-11 § 1]
The regulation, planting, care and control of shade trees and
ornamental trees and shrubbery upon or in public highways, parks or
parkways of the Borough shall be exercised by and under the authority
of a Commission consisting of seven residents, five of whom shall
be regular members and two of whom shall be alternate members designated
as "Alternate No. 1" and "Alternate No. 2," and shall all be residents
of the Borough of Manasquan, which shall have the power and authority
conferred by law.
The terms of the alternate members shall commence on January
1st of the year of the appointment and shall be for a term of five
years with the exception of the initial term of Alternate No. 2 which
shall be for four years.
[1972 Code § 28-2; Ord. No. 1085]
The Commission shall be known as the "Shade Tree Commission
of the Borough of Manasquan," shall be appointed by the Mayor within
the time provided by law and shall serve without compensation, except
as is provided by law. All appointments, except appointments for unexpired
terms in the event of vacancy, shall be for terms of five years, to
commence on January 1. The members of the Commission shall annually
elect a Chairman from among their number.
[1972 Code § 30-1; Ord. No. 1553-91]
There is hereby established a Tourism Commission in the Borough
of Manasquan.
[1972 Code § 30-2; Ord. No. 1553-91; Ord. No. 1752-98 § 1]
The Commission shall consist of 14 members; provided however,
not more than three members of the Governing Body shall serve as Commissioners.
[1972 Code § 30-3; Ord. No. 1553-91; Ord. No. 1752-98 § 2]
a.
The Commissioners first appointed shall hold office for the respective
terms: five Commissioners for one year, five Commissioners for two;
and four Commissioners for three years.
Thereafter, all appointments to the Commission shall be for
a term of three years.
b.
Vacancies in the term of any Commissioner shall be filled for the
unexpired term only.
c.
A Commissioner shall receive no compensation for his or her services.
[1972 Code § 30-4; Ord. No. 1553-91]
The Commissioners of the Tourism Commission shall be appointed
by the Mayor.
[1972 Code § 30-5; Ord. No. 1553-91]
The Tourism Commission shall through its programs and resources
provide an optimum of satisfaction and high-quality service to residents
and visitors of the community, protect the natural beauty of Manasquan,
and promote the economic health of the municipal tourist industry.
[1972 Code § 9-1; Ord. No. 165-95]
There is hereby established a Local Emergency Management Council
pursuant to N.J.S.A. App. A:9-41.
[1972 Code § 9-2; Ord. No. 1656-95]
The Local Emergency Management Council shall be composed of
15 members who shall be appointed by the Mayor and hold office at
the will and pleasure of the appointing authority.
[1972 Code § 9-3; Ord. No. 1656-95]
The Emergency Management Coordinator shall be a member and serve
as Chairman of the Local Emergency Management Council.[1]
[1972 Code § 9-4; Ord. No. 1656-95]
The Local Emergency Management Council shall assist the municipality
in establishing the various local volunteer agencies needed to meet
the requirements of all Local Emergency Management activities in accordance
with the rules and regulations established by the Governor of the
State of New Jersey.
[1972 Code § 9-5; Ord. No. 1656-95]
The Local Emergency Management Council is authorized, within
the limits of appropriations, to establish an adequate organization
to assist in supervising and coordinating the emergency management
activities of the municipality.
[1972 Code § 96-6; Ord. No. 1656-95]
It shall be lawful for members of the Local Emergency Management
Council also to be members of other agencies created because of any
emergency.
[1972 Code § 9-7; Ord. No. 1656-95]
The Local Emergency Management Council shall have all powers
as shall be authorized by N.J.S.A. App. A:9-41 et seq.
[1972 Code § 7-1]
Pursuant to N.J.S.A. 40:56A-1, an Environmental Commission is
hereby established for the protection, development or use of natural
resources within this Borough, including water resources.
[1972 Code § 7-2; Ord. No. 1286; Ord. No. 2088-11 § 2]
The Commission shall consist of nine members, seven of whom
shall serve as regular members and two of whom shall serve as alternate
members, designated as "Alternate No. 1" and "Alternate No. 2" to
be appointed by the Mayor, and all of whom shall be residents of the
Borough of Manasquan. Members of the Commission shall serve without
compensation, except as hereafter provided. The Mayor shall appoint
one member of the Commission to act as Chairman and presiding officer
thereof.
The terms of the alternate members shall commence on January
1st of the year of the appointment and shall be for a term of two
years with the exception of the initial term of Alternate No. 2 which
shall be one year.
[1972 Code § 7-3; Ord. No. 1286]
The terms of office of the first Commissioners, and in the event
the Commission is expanded of any additional Commissioner, shall be
for one, two, or three years to be designated by the Mayor, who shall
make the appointments so that the terms of approximately 1/3 of the
members will expire in each year. Thereafter, members shall be appointed
for terms of three years and until the appointment and qualification
of their successors. The Mayor or Borough Council may remove any member
of the Commission for cause, on written charges served upon the member
and after a hearing thereon at which the members shall be entitled
to be heard in person or by counsel. A vacancy on the Commission occurring
otherwise than by expiration of a term shall be filled for the unexpired
term in the same manner as an original appointment.
[1972 Code § 7-4]
The Environmental Commission shall have the power to conduct
research into the use and possible use of the open land areas of the
municipality and may coordinate the activities of unofficial bodies
organized for similar purposes, and may advertise, prepare, print
and distribute books, maps, charts, plans and pamphlets which in its
judgment it deems necessary for its purposes. It shall keep an index
of all open areas, publicly or privately owned, including open marshlands,
swamps and other wetlands, in order to obtain information on the proper
use of such areas, and may from time to time recommend to the Planning
Board, or if none, to the Mayor and Governing Body of the municipality
plans and programs for inclusion in a Municipal Master Plan and the
development and use of such areas.
[1972 Code § 7-5]
The Environmental Commission may, subject to the approval of
the Governing Body, acquire property, both real and personal, in the
name of the municipality by gift, purchase, grant, bequest, devise
or lease for any of its purposes, and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development,
right, easement (including conservation easement), covenant or other
contractual right (including a conveyance on conditions or with limitations
or reversions) as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the municipality.
[1972 Code § 7-6]
The Environmental Commission shall keep records of its meetings
and activities and shall make an annual report to the Governing Body.
[1972 Code § 6C-1; Ord. No. 1608-93]
There is hereby established a Cable Television Advisory Committee
in the Borough.
[1972 Code §§ 6C-2, 6C-6; Ord. No. 1608-93]
The Advisory Committee shall consist of five members, who shall
be appointed by the Borough Council.
[1972 Code § 6C-3; Ord. No. 1608-93]
All appointments to the Advisory Committee shall be for a term
of three years.
[1972 Code § 6C-4; Ord. No. 1608-93]
Vacancies in the term of any member of the Advisory Committee
shall be filled for the unexpired term only.
[1972 Code § 63-5; Ord. No. 1608-93]
Advisory Committee members shall receive no compensation for
their services.
[1972 Code § 6C-7; Ord. No. 1608-93]
The Cable Television Advisory Committee shall:
a.
Monitor and evaluate the operations and services of any cable television
franchisee servicing the municipality to determine compliance with
applicable municipal ordinances and franchising agreements.
b.
Monitor and evaluate the community's level of satisfaction with the
services of the cable television franchisee.
c.
Identify the community's cable television related goals and needs.
d.
Monitor and evaluate legislative, regulatory and technological developments
in the field of cable television.
e.
Oversee the operation of any municipal access channel which may be
established.
f.
Advise the Office of Cable Television of any complaints or problems
relating to a cable television franchise in the municipality, and
with the consent of the Borough Council, appear at any official hearings
conducted by the Office of Cable Television.
g.
Coordinate efforts amount various municipal organizations, groups
and governmental agencies to recommend local program content on cable
television and promote coverage of public affairs, educational and
sports events.
h.
Establish relations with other communities being served by the cable
television franchisee and any Statewide organizations to assure input
and programming and services beneficial to subscribers and the municipality.
i.
Evaluate all issues related to franchise renewal.
j.
Periodically report on its activities to Borough Council.
[Ord. No. 2072-10]
The Borough Council shall appoint one member of the Cable Television
Advisory Committee to the unpaid position of Director of Television
Services. This position shall be for a term of one year. The duties
of the Director of Television Services shall be as follows:
[Ord. No. 1780-99 § 1]
A Local Assistance Board is hereby established pursuant to N.J.S.A.
44:8-115 et seq.
[Ord. No. 1780-99 § 2]
The Local Assistance Board shall be composed of three persons
and at least one of them shall be a woman. Members of the Local Assistance
Board shall be appointed by the Mayor with the advice and consent
of the Borough Council. The members of the Local Assistance Board
shall serve without compensation but shall be allowed their necessary
and actual expenses.
[Ord. No. 1780-99 § 3]
The term of one member of the Local Assistance Board shall be
for one year and such member only may be appointed from among the
membership of the Governing Body. The terms of the two other members
of the Local Assistance Board shall be for two years each, expiring
in alternate years.
The term of each member of the Local Assistance Board shall
begin on the first day of January, and each member shall continue
in office until his or her successor shall be appointed and shall
qualify. Vacancies shall be filled for the unexpired term only.
[Ord. No. 1780-99 § 4]
a.
The Local Assistance Board shall organize and select a Chairman and
a Secretary, and shall appoint a Director of Welfare who shall be
the first executive and administrative officer of the Board.
b.
The Director of Welfare shall hold office for a term of five years
from the date of his or her appointment, and shall be paid a salary
to be fixed by the Local Assistance Board subject to the approval
of the Governing Body.
c.
In case of vacancy in the office of Director of Welfare, a temporary
or acting director may be appointed to serve for not more than 90
days.
d.
Other employees, including assistants, clerks, investigators and
nurses, in such number as may be necessary to properly administer
public assistance, shall be appointed in the same manner as other
employees of the municipality.
No employee of the Local Assistance Board whose compensation
is paid from funds received or appropriated for public assistance
or the administration thereof in any manner shall hold any office
in any political party.
[Ord. No. 1780-99 § 5]
The Director of Welfare shall:
a.
Supervise by periodic investigation each person receiving public
assistance, such investigation to be made by visitation at least once
a month;
b.
Reconsider from month to month the amount and nature of public assistance
given and alter, amend or suspend same when the circumstances so require;
c.
Devise ways and means for bringing persons unable to maintain themselves
to self-support or to the support of any other person or agency able
and willing so to do;
d.
Keep full and complete records of such investigation, supervision,
assistance and rehabilitation, and of all certifications of persons
for employment or benefits and cancellations thereof, in such manner
and form as required by the Commissioner of the Department of Human
Services;
e.
Bring about appropriate action for commitment to any State or County
institution when the best interests of the needy persons would be
so served; and
f.
Carry out all duties and responsibilities established under the provisions
of N.J.S.A. 44:8-118 et seq.
[Ord. No. 1883-02 § 1]
There is hereby established an Open Space Committee which shall
consist of seven regular members and five alternate members.
[Ord. No. 1883-02 § 2]
a.
The seven regular members of the Open Space Committee shall be:
1.
One member of the Environmental Commission to be appointed by the
Environmental Commission.
2.
One member of the Planning Board to be appointed by the Planning
Board.
3.
One member of the Recreation Commission to be appointed by the Recreation
Commission.
4.
One member of the Borough Council to be appointed by the Borough
Council.
5.
Three residents of the Municipality who shall hold no other municipal
office, position or employment in the municipal government, to be
appointed by the Mayor.
b.
The five alternate members of the Open Space Committee shall be:
1.
One member of the Environmental Commission to be appointed by the
Environmental Commission, who shall serve in the absence of the regular
member appointed by the Environmental Commission.
2.
One member of the Planning Board to be appointed by the Planning
Board, who shall serve in the absence of the regular member appointed
by the Planning Board.
3.
One member of the Recreation Commission to be appointed by the Recreation
Commission, who shall serve in the absence of the regular member appointed
by the Recreation Commission.
4.
One member of the Borough Council to be appointed by the Borough
Council, who shall serve in the absence of the regular member appointed
by the Borough Council.
5.
One resident of the Municipality who shall hold no other municipal
office, position or employment in the municipal government, to be
appointed by the Mayor, who shall serve in the absence of one of the
three residents who are regular members of the Open Space Committee.
[Ord. No. 1883-02 § 3]
a.
The regular member and alternate member appointed from the Environmental
Commission shall have a term of one year.
b.
The regular member and the alternate member appointed from the Planning
Board shall have a term of one year.
c.
The regular member and the alternate member appointed from the Recreation
Commission shall have a term of one year.
d.
The regular member and the alternate member appointed by the Borough
Council shall have a term which shall correspond with the member's
term of elected office.
e.
The three regular members and one alternate member appointed by the
Mayor shall have a term of three years.
f.
The initial term of office of the three regular members and one alternate
member appointed by the Mayor shall terminate on December 31, 2004.
The initial term of office of the member of the Borough Council shall
terminate on December 31st of the final year of that member's term
of elected office. The term of office of all other members shall terminate
on December 31, 2002. Thereafter, appointments shall be made with
a termination date of December 31st.
[Ord. No. 1883-02 § 4]
a.
The Open Space Committee shall prepare a report annually making recommendations
for the acquisition, development, maintenance and/or preservation
of lands, easements and development rights for recreation, conservation
or historic purposes.
b.
The Open Space Committee shall submit a report annually to the Governing
Body on or before November 1st of each year. The Governing Body shall
review the annual report of the Open Space Committee and make a determination
as to the properties, easements or development rights, if any, to
be acquired.
c.
After the selection process as set forth in paragraph b above, the
Governing Body may proceed to acquire the properties, easements or
development rights by gift, purchase or eminent domain proceedings.
[Ord. No. 1883-02 § 5]
The Open Space Committee shall hold public meetings and provide
the general public with notice of such meetings in accordance with
the Open Public Meetings Act (N.J.S.A. 10:4.6 et seq.).
[Ord. No. 1883-02 § 6]
The Open Space Committee shall select from among its regular
members a Chairman to act as presiding officer and a Vice Chairman
to serve as presiding officer in the absence of the Chairman. The
Committee shall also designate from among its regular members a secretary
who shall maintain minutes of all meetings as required by the Open
Public Meetings Act.
|
Contracts and Agreements
|
[1972 Code § 16-1; Ord. No. 1586-92]
This section is enacted pursuant to N.J.S.A. 40:48-1(6) and
40A:14-1561, and is adopted as a reciprocal agreement with all municipalities
participating in a County-wide mutual aid compact. Pursuant to this
Agreement, the Borough of Manasquan shall render assistance to any
participating municipality by providing members of the Manasquan Police
Department, upon request, to help preserve the public peace and order.
In the event that a member of the Manasquan Police Department
is injured while rendering assistance to a participating municipality,
the municipality providing assistance shall be primarily responsible
for any costs as a result of the injury; provided however, nothing
in this section shall serve as a bar to the municipality providing
assistance from seeking indemnification from the municipality receiving
assistance.
"The Monmouth County Mutual Aid Agreement" is incorporated by
reference in this section, and three copies of the Agreement shall
be maintained on file in the Office of the Municipal Clerk.
[1972 Code § 16-2; Ord. No. 1586-92]
The Mayor and Municipal Clerk are authorized to sign "The Monmouth
County Mutual Aid Agreement" upon final passage and publication of
this section.[1]
[1]
Editor's Note: This section was adopted on October 26, 1992.
[1972 Code § 6B-1; Ord. No. 1557-91]
This chapter shall be known and may be cited as the Cooperative
Pricing Agreement of the Borough of Manasquan.
[1972 Code § 6B-2; Ord. No. 1557-91]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Borough
of Manasquan, as a participating contracting unit, is hereby authorized
to enter into a Cooperative Pricing Agreement with the County of Monmouth,
as the lead agency, and other participating contracting units within
the County of Monmouth for the purchase of selected work, materials
and/or supplies.
[1972 Code § 6B-3; Ord. No. 1557-91]
The lead agency shall be responsible for complying with the
Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other
provisions of the New Jersey Statutes, as to the bidding, award and
execution of master contracts on behalf of itself and any participating
contracting units, as well as for purchases made by the lead agency
for its own needs under the master contract. Each respective participating
contracting unit which chooses to purchase under a master contract
shall be responsible to enter into a separate contract with the vendor,
to certify the availability of funds, to issue purchase orders, to
accept delivery and to make payment for those items purchased by that
participating contracting unit for its own needs.
|
Policies and Procedures
|
[1972 Code § 6A-1; Ord. No. 948]
All claims or bills presented to the Borough shall be presented
in the manner prescribed in N.J.S.A. 40A:5-16.
[1972 Code § 6A-2; Ord. No. 948]
All bills or claims presented shall be approved for payment
by a majority of the Councilmen present at a regular meeting of the
Borough Council; provided, however, that at least three members of
the Council vote in favor of such approval. If a majority of the Councilmen
present shall vote against the approval of any bill or claim or if
less than three affirmative votes are cast for such approval, the
bill or claim shall be deemed to be disapproved and no payment shall
be made on account thereof.
[1972 Code § 6A-3; Ord. No. 948]
All bills or claims shall be paid by a check drawn by the Treasurer
and signed by the Mayor or, in his absence, by the Acting Mayor, by
the Municipal Clerk and countersigned by the Borough Treasurer.
[1972 Code § 17A-1; Ord. No. 1233]
As used in this section:
Shall mean any proceeding, whether judicial, quasi-judicial
or administrative, including cross-claims, counterclaims or other
forms of cross-action.
Shall mean any person now or formerly elected or appointed
to any public office or agency or body of the Borough or employed
or retained by the Borough, or any office, agency, or body thereof,
whether such person serves in a paid or unpaid capacity. The term
shall not include however, any person performing acts or services
for the Borough, its offices, agencies or bodies as an independent
contractor. Any member of the regular professional staff of the Borough,
its offices, agencies or bodies, including, but not limited to the
Municipal, Board of Adjustment and Planning Board Attorneys; the Municipal
and Planning Board Engineers; and the Municipal Auditor shall not
be deemed independent contractors for the purposes of this definition.
[1972 Code § 17A-2; Ord. No. 1233]
The Borough shall provide for the defense of any civil action
brought against an official or employee of the Borough arising from
any act or omission, or alleged act or omission, by such official
or employee in the performance of his official duties, except:
a.
If the act or omission complained of was not within the scope of
authority or employment of such official or employee; or
b.
The act or omission was the result of, or constituted, fraud, malice
or willful misconduct of such official or employee; or
c.
The defense of the action would create a clear conflict of interest
between the Borough and the official or employee; or
d.
The defense of the action or proceeding is provided for by an insurance
policy or policies, whether obtained by the Borough or by any other
person; or
e.
The official or employee shall have failed to deliver to Mayor and
Council, or the Municipal Clerk, a copy of the Summons and Complaint,
process, notice, demand or pleading within 10 calendar days after
having been served with the same, except that such period may be extended
for good cause by majority vote of the full membership of the Governing
Body; or
f.
The official or employee fails to cooperate with the Borough, or
any attorneys appointed by the Borough to defend the action, in the
defense of such action; or
g.
The action was instituted against the official or employee by the
Borough; or
h.
The official or employee fails to request that the Borough provide
a defense; or
i.
The official or employee fails to cooperate with the insurance company
providing a defense of the action or proceeding and the company disclaims
responsibility for non-cooperation.
[1972 Code § 17A-3; Ord. No. 1233]
a.
The Borough shall defray the costs of defending any criminal action
against any official or employee of the Borough, providing:
1.
It is not prohibited by any State law; and
2.
The action shall have been dismissed or shall have resulted in an
acquittal of the official or employee; and
3.
The Borough Council determines that there is no good cause to dismiss
the official or employee, in instances where the Borough Council has
the power to dismiss, arising from or related to the circumstances
which were the basis of the criminal action.
b.
The Borough shall provide for the defense of any criminal action
against any official or employee where such defense is required by
law.
c.
It is the intention of this section that the Borough shall reimburse
an official or employee for the costs of his legal defense (provided
the conditions specified in paragraphs a1 through a3 of this subsection
have been met) only upon successful conclusion of the criminal action.
Where applicable law requires that the Borough provide a defense,
paragraph b shall apply, and the Borough shall provide such defense
by one of the methods set forth in subsection 2- 62.4; unless the
controlling law specifies a method for providing such defense.
[1972 Code § 17A-4; Ord. No. 1233]
If the Borough Council determines to provide a defense as authorized
in this section, it may do so by any of the following methods, at
its sole option:
a.
By authorizing the Municipal Attorney to undertake the defense of
the action; or
b.
By hiring special counsel selected by the Borough Council upon such
terms as the Council shall agree; or
c.
By authorizing the official or employee to retain an attorney of
his own selection who shall be paid by the Borough, provided:
1.
Such attorney shall submit to the Borough Council a letter indicating
his representation of the official or employee; and
2.
Such letter shall set forth the hourly rate based upon which the
attorney shall set his fee, together with any other relevant information
regarding the manner in which such fee shall be determined; and
3.
That the attorney shall submit an itemized bill, setting forth all
services and expenditures incurred by the attorney in connection with
the defense of the action at the conclusion of his representation
of the official or employee; and
4.
That no portion of the attorney's fee or any disbursements shall
be paid or reimbursed by the Borough until conclusion of the action,
unless otherwise authorized by resolution; and
5.
That the Borough shall not pay for representation in the event that
any judgment for punitive damages is rendered against the official
or employee, in which event the payment of all legal fees and disbursements
shall be the responsibility of such official or employee.
[1972 Code § 17A-5; Ord. No. 1233]
a.
In any civil action in which the Borough shall be required as set
forth in this chapter, to provide for, or defray the cost of, the
defense of an official or employee, the Borough in addition to paying
the cost of such defense where applicable, shall pay or reimburse
the official or employee for each of the following:
1.
Any bona fide settlement agreement when approved by the Mayor and
Council.
2.
Any judgment entered against the official or employee, except that
in the event any judgment shall contain an award for punitive damages,
the Mayor and Council shall not pay or reimburse any portion of such
judgment, including compensatory damages.
b.
In the event that the defense of any action, or any portion thereof,
is provided for the official or employee pursuant to policies of insurance,
then the Borough shall pay or reimburse the official or employee only
to the extent that any settlement or judgment is not covered by insurance,
and further subject to the limitations contained in this section regarding
approval of settlements and judgments for punitive damages.
[1972 Code § 17A-6; Ord. No. 1233]
Whenever the Borough shall provide for any defense pursuant
to this section, the Borough, through the Municipal Attorney, or through
special counsel appointed by the Borough for that purpose, shall assume
full control of the defense and the official or employee shall cooperate
fully with the Borough in such defense. Where defense is provided
by an insurer, the attorney appointed by the insurer to provide the
defense for the official or employee shall assume full control of
the defense and the official or employee shall cooperate fully with
such attorney.
[1972 Code § 57-1; Ord. No. 1458]
N.J.S.A. 40:52-1.2 permits a municipality to require, by adoption
of an ordinance, that an applicant for certain licenses or permits
pay any property taxes and assessments due on the property if the
applicant is the owner of the property whereon the licensed or permitted
business or activity is to be conducted and also to provide for the
revocation or suspension of those licenses or permits upon the owner
failing to pay taxes due on the property for at least three consecutive
quarters. Further, the Statute requires that the license or permit
shall be restored upon payment of the overdue taxes or assessments
to the municipality.
[1972 Code § 57-2; Ord. No. 1458]
An applicant for a municipal license or permit shall be required
to pay any delinquent property taxes, assessments or municipal charges
on the property wherein the business or activity for which the license
or permit is sought or wherein the business or activity is to be conducted
if the applicant is the owner of such real property. A license or
permit issued by the municipality shall be automatically suspended
when any licensee, who is an owner of the property upon which the
licensed business or activity is conducted, has failed to pay real
property taxes, assessments or other municipal charges due on the
property for at least three consecutive quarters. Upon the applicant
paying the delinquent taxes, assessments or municipal charges, the
license or permit shall be automatically restored.
This provision shall not apply to any alcoholic beverage license
or permit issued pursuant to N.J.S.A. 33:1-1 et seq. known as the
"Alcoholic Beverage Control Act."
[1972 Code § 65-6; Ord. No. 1239; Ord. No. 2180-15]
a.
The Borough does hereby prohibit the payment to a claimant, by an insurance company, of any claim in excess of the amount stated in Chapter 16, Fees, dollars for fire damage on any real property located within this Borough, pursuant to any fire insurance issued or renewed after the adoption of this section, except as provided hereunder.[1]
[1]
Editor's Note: This section was adopted on May 17,1982 by
Ord. No. 1239.
b.
Prior to the payment of any fire insurance claims in excess of the amount stated in Chapter 16, Fees, the insurance company shall request from the Borough an official certificate of search to be executed by the appropriate bonded municipal official responsible for preparing such certificates, to determine whether or not all taxes, assessments, municipal charges or other municipal liens are presently due and payable to the Borough. In the event there are outstanding sums due and payable to the Borough, all sums so payable shall be paid by the insurance company prior to the payment of any fire damages to the owner in excess of $2,500.
c.
If, however an appeal is taken on the amount of any lien or charge,
other than an appeal on the assessed valuation of real property, the
insurance company shall withhold 75% of the full amount of the lien
or charge being contested, pending termination of all proceedings
at which time such monies and all interest accruing thereon, at a
rate paid on interest- bearing accounts in banking institutions or
savings and loan associations in the State, shall be disbursed in
accordance with the final order or judgment of the Court.
d.
The Borough Council may enter into an agreement with the owner of
any fire- damaged property to pay in full all delinquent taxes, assessments
or other liens by installments, pursuant to N.J.S.A. 54:5-19, or for
the redemption of a tax sale lien by installment payments, pursuant
to N.J.S.A. 54:5-65 et seq., provided, however, that the Borough Council
shall first be satisfied that the claim for fire damages shall be
used to restore or improve the fire damaged property. In the event
of such an agreement, a certified copy of the resolution of agreement
shall be forwarded to the insurance company and the resolution of
agreement shall act as their authorization to make full payment on
the claim to the insured person.
e.
The municipal claim made in accordance with the provisions of this
act shall be paramount to any other claims on the proceeds of the
fire insurance policy, except the claim of a holder of a mortgage
on the fire damaged property, where the fire insurance policy at the
time of the loss listed the mortgagee as named insured, in which vent
the claim of the mortgagee to the proceeds shall be paramount to the
municipal lien under this act, but only to the extent of the amount
due and payable to the mortgagee under the mortgage obligation.
f.
Nothing in this chapter shall be construed:
1.
To obligate an insurance company for any amount in the excess of
the value of the fire insurance policy on the property, or the amount
of liability of the insurance company thereunder.
2.
Except as provided in the case of appeals under paragraph c of this
subsection, to obligate the insurance company for any liens not appearing
on the official certificate or any certified changes submitted by
the bonded official; or
3.
To affect the authority of a municipality to enforce a municipal
lien under law of this State.
g.
This section shall be filed with the State Commissioner of Insurance
pursuant to N.J.S.A. 17:36-8 et seq.
[1972 Code §§ 65-7, 65-8; Ord. No. 1304]
a.
Any remedy available pursuant to this chapter shall be considered
separate and not exclusive of any other remedy available hereunder.
b.
Nothing in this section shall be construed to impair any cause of
action, or legal remedy therefor, or of any person for injury or damage
arising from any violation of this section.
(Reserved) (See 2-65.2)
[Ord. No. 2005-07 § 1; Ord. No. 2074-10 § 1, 2; Ord. No. 2180-15; amended 12-5-2022 by Ord. No. 2388-22]
b.
The following persons are appointed as custodian or deputy custodian
of public records:
Custodian of public records — Municipal Clerk;
Custodian of police records — Police Chief;
Deputy Custodian of Municipal Court records - Municipal Court
Administrator;;
Deputy Custodian of financial records — Chief Financial
Officer;
Deputy Custodian of Building and Code Department records —
Code Enforcement Official;
Deputy Custodian of Department of Public Works records —
Superintendent of Public Works.
[Ord. No. 2148-14; Ord. No. 2180-15]
Payment of municipal taxes, special assessments, water and sewer
bills.
a.
Charge for Payment by Check by Phone. The service charge for utilizing the Borough of Manasquan pay by check by phone service through the tax and finance office for payment of municipal taxes, water and sewer bills shall be as stated in Chapter 16, Fees.
b.
Returned Check Service Charge. Pursuant to N.J.S.A. 40:5-18, the Borough of Manasquan shall impose a service charge as stated in Chapter 16, Fees for the return of all checks or other written instruments due to insufficient funds. The service charge shall be collected from the account for which the check or other instrument was tendered. The Borough of Manasquan may require all future payments to be tendered in cash or by certified or cashier's check whenever a check or other written instrument is returned for insufficient funds.
[Ord. No. 2005-07 § 3; Ord. No. 2175-15; Ord.
No. 2180-15]
a.
In order to offset the cost to Manasquan for processing requests and providing municipal services, it is required that any person or entity applying to utilize the beachfront facilities for a special event pay a nonrefundable application fee as stated in Chapter 16, Fees. Additionally, the person or entity shall deposit the sum as stated in Chapter 16, Fees as a security deposit for costs incurred by Manasquan for services provided by the Police Department, Beach Department and Department of Public Works, and to cover the cost of damage sustained to municipal property. The security deposit, less any costs incurred by Manasquan, shall be returned to the person or entity holding the event within 15 business days following such activity. In the event the costs incurred by Manasquan and/or the costs of damage sustained to municipal property exceed the security deposit, the person or entity holding the event shall be responsible for such excess costs. Manasquan, shall in its sole discretion, determine the costs incurred in accommodating a special event. Special events shall include: athletic events, fundraising events and similar activities.
b.
The Manasquan Recreation Commission, Shade Tree Commission, Tourism
Commission and Fire Departments and First Aid Companies providing
services to the municipality, and other organizations providing in-kind
services to the municipality, shall be exempt from paying the application
fee and posting a security deposit in recognition of in-kind services
provided to Manasquan.
[Ord. No. 2005-07 § 4; Ord. No. 2180-15]
The fee for each bench manufactured by the Department of Public Works shall be as stated in Chapter 16, Fees.
[Ord. No. 2005-07 § 5]
a.
The fee for temporary storage or parking for commercial trailers, trailers carrying modular homes or similar vehicles in municipal parking lots shall be as stated in Chapter 16, Fees, per day. A cash bond in the amount stated in Chapter 16, Fees, per day. A $500 cash bond shall be posted as a security deposit prior to any vehicle being parked in a municipal parking lot. The security deposit, less the amount of any damages incurred by Manasquan shall be returned to the person or entity posting the security deposit within 15 business days following the vehicle being removed from the parking lot.
[Ord. No. 2005-07 § 6]
a.
Members of the Volunteer First Aid Squad who respond to 20% or more
of the calls of the unit and members of the Volunteer Fire Companies
who respond to 30% or more of the calls of the unit shall be awarded
one season badge and season parking permit in recognition of their
efforts to promote and protect the health, safety and welfare of the
community.
b.
A copy of this subsection shall be sent to the Captain of the First
Aid Squad and the Chief of each Fire Company in order to obtain a
list of members eligible to receive this benefit. The Borough Council
requests that the Captain and Chiefs of the volunteer units present
a list to the Governing Body on or before May 22nd of each year so
that badges and parking permits may be distributed to eligible members
of the volunteer units.
[Ord. No. 2005-07 § 7; Ord. No. 2182-15; Ord.
No. 2180-15]
a.
Members of the Volunteer First Aid Squad who respond to 20% or more of the calls of the unit and all life members and members of the Volunteer Fire Companies who respond to 30% or more of the calls of the unit and all life members shall be exempt from payment of the following fees for permits issued by the municipality; provided, however, the exemptions shall apply only to the municipal portion of any fee and the total of all exemptions in any calendar year shall not exceed the amount stated in Chapter 16, Fees:
b.
A copy of this subsection shall be sent to the Captain of the First
Aid Squad and the Chief of each Fire Company in order to obtain a
list of members eligible to receive this benefit. The Borough Council
requests that the Captain and Chiefs of the Volunteer Units present
a list of eligible members to the Governing Body on or before February
1st of each year.
[Ord. No. 2206-2016]
The fee for charging an electric vehicle at a Borough-owned or operated electric vehicle charging station shall be set as stated in Chapter 16.
[Ord. No. 1867-02 § 1]
a.
The voters of the Borough of Manasquan, County of Monmouth, New Jersey
on November 6, 2001 expressed their support to the Borough Council
to establish an Open Space Trust Fund and to create a mechanism for
collection of a dedicated $0.005 on each $100 of assessed value of
real property in the Municipality.
b.
The Borough Council determines that the establishment and collection
of funds for the Open Space Trust Fund, and the acquisition of open
spaces for perpetual preservation are in the best interest of the
citizens of the Borough of Manasquan.
c.
The Borough Council deems it appropriate to establish an Open Space
Trust Fund, and begin collection for the Trust Fund during the 2002
calendar year.
[Ord. No. 1867-02 § 2]
a.
There is hereby authorized and established a specific and dedicated
tax assessment of $0.005 per $100 of assessed value of real property,
to be assessed and paid on all taxable property in the Municipality
commencing during the 2002 calendar year, and continuing each following
year. The monies collected pursuant to this specific and dedicated
tax will be used to provide for the acquisition, development, maintenance,
and/or preservation of lands, easements and development rights for
recreation, conservation or historic purposes, and permit the payment
of debt service on indebtedness incurred by the Municipality for any
of these purposes.
b.
There is hereby established an Open Space Trust Fund to be administered
by the Chief Financial Officer of the Municipality subject to the
provisions of this section, which Trust Fund shall have deposited
in it the special tax assessment of $0.005 per $100 of assessed value
of real property.
c.
The Chief Financial Officer shall maintain this Trust Fund separate
and apart from all other municipal accounts.
d.
The Chief Financial Officer, Tax Assessor and Tax Collector shall
cooperate as necessary for the administration of this Trust Fund,
and shall establish a separate line item on each municipal tax bill
for this purpose. This item shall be identified as the "Municipal
Open Space Tax" and be a separate line item to be collected for the
Trust Fund in the amount of $0.005 per $100 of assessed value of all
taxable real property in the Municipality.
e.
In the event the Municipality shall become the beneficiary, by way
of gift, Federal or State grant or other funding sources of any lands
or monetary funds, the lands shall be placed upon the Trust Fund's
register of open space lands and the monetary funds shall be deposited
in the Trust Fund.
f.
This section is adopted pursuant to the provisions of N.J.S.A. 40:12-15.7
et seq., and shall be administered in accordance with those provisions.
g.
It is the intention of this section to comply with all applicable
State and Federal programs governing the acquisition of open space
for recreation, conservation or historic purposes.
h.
All lands acquired through the Open Space Trust Fund shall be set
aside and dedicated for recreation, conservation or historic purposes.
i.
All policies and decisions relating to the Open Space Trust Fund
shall be made by the Borough Council, subject to applicable State
and Federal regulations.
[Ord. No. 1893-02 §§ 1-8]
a.
The Borough Council deems it appropriate and necessary to act to
ensure retention of existing volunteer members and to provide incentives
for recruiting new volunteer members for the Manasquan First Aid Squad,
Inc.
b.
The Borough Council has determined that the creation of a Length
of Service Awards Program will enhance the ability of the Manasquan
First Aid Squad, Inc. to retain and recruit volunteer members of the
First Aid Squad.
c.
A Length of Service Awards Program (LOSAP) is created in accordance
with Chapter 388 of the Laws of 1997, to reward members of the Manasquan
First Aid Squad, Inc. for their loyal, diligent, and devoted services
to the residents of the Borough of Manasquan.
d.
The LOSAP shall provide for fixed annual contributions to a deferred
income account for each volunteer member that meets the criteria in
this section. The contributions shall be made in accordance with a
plan established by the Borough Council pursuant to P.L. 1997, c.
388. The plan shall be administered in accordance with the laws of
the State of New Jersey, the Internal Revenue Code of the United States
of America and the terms of this section.
e.
The LOSAP shall provide for annual contributions to each active volunteer
member who accumulates 50 or more points according to the LOSAP Point
System.
f.
The estimated cost of the program for regular annual services has
been calculated at $24,500 per year.
g.
The LOSAP program shall also provide contributions for five years
of prior service for each eligible volunteer member. The contribution
amount for each year of past service shall be $100. The estimated
cost of this provision of the LOSAP program shall be based on 15 members
for a total cost of $7,500.
h.
Each active volunteer member shall be credited with points for volunteer
services provided to the Manasquan First Aid Squad, Inc. in accordance
with the attached schedule entitled "LOSAP Point System".
|
SCHEDULE FOR LOSAP POINT SYSTEM
| ||
|
A year of service shall be credited under the service award
program for each calendar year after establishment of the program
in which an active volunteer in Manasquan First Aid Squad, Inc. accumulates
at least 50 points. Points shall be granted in accordance with the
system set forth in this document.
| ||
|
I.
|
Training Courses - 25 point maximum.
| |
|
1.
|
Courses under 20 hours duration - one point per hour, with a
maximum of five points.
| |
|
2.
|
Courses of 20 to 45 hours duration - one point per hour for
each hour over the initial 20 hours, with a maximum of 10 points.
| |
|
3.
|
Courses over forty-five-hour duration - 15 points per course.
| |
|
II.
|
Drills - 20 point maximum.
| |
|
1.
|
Drill (minimum two hours) - one point.
| |
|
III.
|
Sleep-In or Standby - 20 point maximum.
| |
|
1.
|
Sleep-In: one point each full night.
| |
|
2.
|
Standby: one point each - a standby is defined as line of duty
activity of the volunteer first aid squad lasting for four hours,
not falling under one of the other categories.
| |
|
IV.
|
Elected or Appointed Positions - 25 point maximum.
| |
|
Elected or appointed position means line officers, department
or company officers and president, vice president, treasurer and secretary
of the volunteer first aid squad.
| ||
|
1.
|
Completion of one year term in an elected or appointed position.
| |
|
2.
|
An active volunteer first aid squad member elected to serve
as a delegate to a State convention shall also be eligible to receive
one point per meeting.
| |
|
V.
|
Attendance at Meetings - 20 point maximum.
| |
|
1.
|
Attendance at any official meeting of the volunteer first aid
squad - one point per meeting.
| |
|
VI.
|
Participation in Department Responses - 25 points for responding
on the minimum number of calls, as outlined below:
| |
|
Total number of first aid calls the first aid squad responds
to annually
|
0
|
5
|
1,
|
1,
|
|
Minimum number of calls a volunteer squad member must respond
to annually in order to receive 25 points credit
|
1
|
7
|
5
|
2.
|
|
VII.
|
Miscellaneous activities - 15 point maximum.
| |
|
1.
|
Participation in inspections and other activities not otherwise
listed - one point per activity.
| |
[Ord. No. 2038-08 Preamble]
The State Legislature recently adopted Chapter 92 of the Laws
of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution
Retirement Program to provide retirement benefits to various County
and municipal officials.
N.J.S. 43:15C-2 requires the Governing Body of each County,
municipality, and other local entity to adopt, as appropriate, either
a resolution or ordinance to determine the positions that are substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State, pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs, and for which officials appointed to such positions
shall be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law.
The Borough Council of the Borough of Manasquan has considered
the guidelines issued by the Local Finance Board.
[Ord. No. 2038-08 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
[Ord. No. 2038-08 § 2]
Individuals serving in the following positions are exempt from
Defined Contribution Retirement Program membership, pursuant to N.J.S.
43:15C-2:
[Ord. No. 2038-08 § 3]
If an individual is appointed to one of the positions listed in subsection 2-68.2 and the individual is not serving in a position as described in subsection 2-68.3 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: a) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or b) has been appointed pursuant to a valid promotional process; or c) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 2-68.3 herein, and is in pursuit of the required certification; or d) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2038-08 § 4]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.)
as amended from time to time, and any regulations or guidance documents
from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2186-15]
The State of New Jersey has been engaged in a process to establish
a competitive market place through deregulation and restructuring
the electric utility market and natural gas market.
The establishment of a government aggregator and an energy aggregation
program to purchase electric generation service and natural gas pursuant
to N.J.S. 48:3-93.1 et seq. and N.J.A.C. 14:4-6.1 et seq. will increase
competition for the provision of electric power and natural gas to
residential and nonresidential users, thereby increasing the likelihood
of lower electric rates and natural gas rates for these users without
causing any interruption in service.
Under the aggregation process the residential and nonresidential
ratepayers may likely receive a direct reduction in their electric
bills and gas bills.
The realization of energy costs savings is in the interests
of the health, safety and welfare of the residents of the Borough
of Manasquan (the "Borough").
The Borough hereby finds that it is in the best interests of
residential and nonresidential electric and gas ratepayers for the
Borough to create the opportunity for them to enter into an aggregation
agreement in order to seek substantial savings on electric and gas
rates.
[Ord. No. 2186-15]
The Borough publicly declares its intent to become an aggregator
of electric power and natural gas on behalf of its residential and
nonresidential users of electricity and natural gas pursuant to the
Government Energy Act of 2003, N.J.S. 48:3-91.3 to -98, and implementing
regulations.
[Ord. No. 2186-15; Ord. No. 2265-18]
The Borough will utilize approved vendors, Concord Engineering's
d/b/a Concord Energy Services and Commercial Utility Consultants,
Reverse Energy Auction Platform pursuant to the NJ E-PROCUREMENT Pilot
program (P.L. 2001, c. 30) under the NJ Department of Community Affairs.
The Reverse Energy auction will seek bids from licensed and appropriate
third party suppliers. If such winning bid is selected and agreement
executed, individual residential consumers would retain the option
not to participate and to choose any alternatives they desire.
[Ord. No. 2186-15]
The Mayor and Borough Clerk are hereby authorized and directed
to execute any documents necessary to carry out the purpose of the
section.
