Borough of Fairview, NJ
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2023-11-21
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Municipal Code
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Chapter 2 Administration
- Adopting Ordinance
- Ch AO Adopting Ordinance
- Municipal Code
- Ch 1 General Provisions
- Ch 2 Administration
- Ch 2 Art I Title
- § 2-1 CHAPTER TITLE.
- Ch 2 Art II Mayor and Council
- § 2-2 MAYOR AND BOROUGH COUNCIL.
- § 2-2.1 Organization.
- § 2-2.2 Vacancies.
- § 2-2.3 Qualifications for Appointment to Fill a Vacancy.
- § 2-2.4 Rules of Council.
- § 2-2.5 Ordinances and Resolutions.
- § 2-3 MEETINGS.
- § 2-4 POWERS AND DUTIES OF THE MAYOR.
- § 2-5 PRESIDENT OF THE COUNCIL.
- Ch 2 Art III Organization of Departments
- § 2-6 ADMINISTRATIVE DEPARTMENTS.
- § 2-6.1 Department of Administration.
- § 2-6.2 Department of Public Works.
- § 2-6.3 Department of Finance.
- § 2-6.4 Department of Assessments.
- § 2-6.5 Police Department.
- § 2-6.6 Department of Building.
- § 2-6.7 Department of Law.
- § 2-6.8 Department of Recreation.
- § 2-6.9 Department of Fire.
- § 2-6.10 Department of Emergency Response Unit.
- § 2-6.11 Department of Emergency Management.
- § 2-6.12 Department of Fire Prevention.
- § 2-6.13 Department of Municipal Court.
- § 2-6.14 Department of Health and Public Assistance.
- Ch 2 Art IIIA Officers and Employees
- § 2-7 MUNICIPAL CLERK.
- § 2-7.1 Appointment; Term.
- § 2-7.2 Qualifications.
- § 2-7.3 Compensation.
- § 2-7.4 Temporary Clerk.
- § 2-7.5 Powers and Duties.
- § 2-7.6 through § 2-7.10. (Reserved)
- § 2-7.11 Deputy Municipal Clerk.
- § 2-8 BOROUGH ADMINISTRATOR.
- § 2-8.1 Creation of Office.
- § 2-8.2 Appointment, Term of Office and Removal.
- § 2-8.3 Compensation.
- § 2-8.4 Absence or Disability.
- § 2-8.5 Qualifications.
- § 2-8.6 Duties and Responsibilities.
- § 2-8.7 Assistant to the Administrator/Personnel.
- § 2-9 OFFICE OF BOROUGH ATTORNEY.
- § 2-9.1 Appointment; Term.
- § 2-9.2 Qualifications.
- § 2-9.3 Powers and Duties.
- § 2-9.4 Compensation.
- § 2-10 PROSECUTOR OF THE MUNICIPAL COURT.
- § 2-10.1 Appointment; Term.
- § 2-10.2 Duties of the Municipal Prosecutor.
- § 2-10.3 Compensation.
- § 2-11 PUBLIC DEFENDER.
- § 2-11.1 Established.
- § 2-11.2 Appointment.
- § 2-11.3 Duties.
- § 2-11.4 Application Fee for Representation by Public Defender.
- § 2-12 BOROUGH ENGINEER.
- § 2-12.1 Qualifications; Appointment.
- § 2-12.2 Duties.
- § 2-13 through § 2-16. (RESERVED)
- § 2-17 CODE ENFORCEMENT OFFICER.
- § 2-17.1 Position Created.
- § 2-17.2 Requirements.
- § 2-17.3 Appointment.
- § 2-17.4 Duties.
- § 2-17.5 Salary and Hours.
- § 2-17.6 Reports.
- § 2-18 ZONING OFFICER.
- § 2-18.1 Creation of Office; Appointment.
- § 2-18.2 Duties.
- § 2-18.3 Records.
- § 2-18.4 Violations; Penalties.
- § 2-18.5 Certificates and Permits.
- § 2-18.6 Procedures for a Zoning Permit.
- § 2-18.7 Search Warrants.
- § 2-18.8 Violations and Penalties.
- § 2-18A ASSISTANT ZONING OFFICER.
- § 2-18A.1 Creation of Position.
- § 2-18A.2 Duties.
- § 2-18A.3 Driver's License Required.
- § 2-18A.4 Salary.
- § 2-19 SENIOR BUILDING MAINTENANCE.
- § 2-20 CO-DIRECTORS OF RECREATION.
- § 2-20.1 Established.
- § 2-20.2 Duties.
- § 2-20.3 Term.
- § 2-21 RECREATION CONSULTANT.
- § 2-21.1 Established.
- § 2-21.2 Duties.
- § 2-22 CLERK 1/COMMUNITY RELATIONS AIDE.
- § 2-22.1 Creation of Position.
- § 2-22.2 Duties.
- § 2-22.3 Salary.
- § 2-23 CLEAN COMMUNITY COORDINATOR.
- § 2-24 SECRETARY TO DEPARTMENT HEAD.
- § 2-24.1 Creation of Position.
- § 2-24.2 Duties.
- § 2-24.3 Salary.
- § 2-25 SENIOR CITIZEN PROGRAM AIDE.
- § 2-25.1 Creation of Position.
- § 2-25.2 Duties.
- § 2-25A BUILDING MAINTENANCE WORKER.
- § 2-25A.1 Creation of Position.
- § 2-25A.2 Duties.
- § 2-25A.3 Salary.
- § 2-25B FOOD SERVICES WORKER.
- § 2-25B.1 Creation of the Position.
- § 2-25B.2 Duties.
- § 2-25B.3 Salary.
- § 2-25C PAYROLL CLERK.
- § 2-25D SENIOR PUBLIC SAFETY TELECOMMUNICATOR.
- § 2-25E COMMUNITY SERVICE AIDE.
- § 2-25E.1 Creation of Position.
- § 2-25E.2 Duties.
- § 2-25E.3 Salary Range.
- § 2-25F RECREATION LEADER.
- § 2-25F.1 Creation of Position.
- § 2-25F.2 Duties.
- § 2-25F.3 Driver's License Required.
- § 2-25F.4 Salary.
- Ch 2 Art IV Departments of Local Government
- § 2-26 DEPARTMENT OF FINANCE.
- § 2-26.1 Established.
- § 2-27 CHIEF FINANCIAL OFFICER.
- § 2-27.1 Position Created.
- § 2-27.2 Requirements.
- § 2-27.3 Appointment.
- § 2-27.4 Duties.
- § 2-27.5 Compensation.
- § 2-28 QUALIFIED PURCHASING AGENT.
- § 2-29 TAX ASSESSOR.
- § 2-29.1 Tax Assessor; Appointment.
- § 2-29.2 Qualification and Duties.
- § 2-29.3 Salaries.
- § 2-29.4 Terms of Office.
- § 2-30 TAX COLLECTOR.
- § 2-30.1 Tax Collector; Appointment.
- § 2-30.2 Qualifications.
- § 2-30.3 Term of Office; Vacancy.
- § 2-30.4 Salary.
- § 2-31 (RESERVED)
- § 2-32 POLICE DEPARTMENT.
- § 2-32.1 Established.
- § 2-32.2 Commissioner of Police.
- § 2-32.3 Uniform.
- § 2-32.4 Appointments and Classifications.
- § 2-32.5 Police Examining Board.
- § 2-32.6 Chief's Duties.
- § 2-32.7 Police Officer's Duties.
- § 2-32.8 Sick Pay.
- § 2-32.9 Suspension.
- § 2-32.10 Department Rules.
- § 2-32.11 Resignation.
- § 2-32.12 Causes for Removal.
- § 2-32.13 Hearing.
- § 2-32.14 (Reserved)
- § 2-32.15 Off-Duty and Outside Employment Program.
- § 2-32.16 Jurisdiction.
- § 2-33 UNIFORMED SPECIAL LAW ENFORCEMENT POLICE.
- § 2-33.1 Establishment.
- § 2-33.2 Membership.
- § 2-33.2A Special Law Enforcement Officer Class III.
- § 2-33.3 Power to Adopt Regulations.
- § 2-33.4 Appointment Procedure.
- § 2-33.5 Preference Required.
- § 2-33.6 Police Department Rules and Regulations.
- § 2-33.7 Special Police Performing Public Safety Function for a Private Entity.
- § 2-33.8 Authority of the Chief of Police.
- § 2-34 SCHOOL TRAFFIC CROSSING GUARD.
- § 2-34.1 Position Created; Appointment; Term.
- § 2-34.2 Eligibility; Weapons; Fingerprinting.
- § 2-34.3 Examination for Fitness; Certification.
- § 2-34.4 Powers and Duties.
- § 2-34.5 Supervision and Performance of Duties.
- § 2-34.6 Compliance with Department Rules and Regulations.
- § 2-34.7 Compensation.
- § 2-34.8 Health Benefits.
- § 2-34.9 Vacation, Holidays and Personal Days.
- § 2-34.10 Sick Days.
- § 2-35 FIRE DEPARTMENT.
- § 2-35.1 Establishment; Title.
- § 2-35.2 Organization.
- § 2-35.3 Powers; Membership.
- § 2-35.4 Training.
- § 2-35.5 Fire Department Register.
- § 2-35.6 Nominations; Qualifications.
- § 2-35.7 Election of Chief, Battalion Chief.
- § 2-35.8 Duties of the Chiefs.
- § 2-35.9 Command at Alarms.
- § 2-35.10 Misconduct.
- § 2-35.11 Fire Apparatus.
- § 2-35.12 (Reserved)
- § 2-35.13 Pension for Firemen's Widow or Children.
- § 2-35.14 Insurance.
- § 2-35.15 Ineligibility for State Fireman's Association.
- § 2-35.16 Clothing Allowance.
- § 2-35.17 Junior Firefighters Auxiliary.
- § 2-35.18 Participation in East Bergen Mutual Aid System; Participation Enumerated.
- § 2-35.19 Assistance to Neighboring Municipalities Authorized.
- § 2-35.20 Requesting Aid from Mutual Aid System.
- § 2-35.21 Promulgation of Rules and Regulations Authorized.
- § 2-35.22 Fire Watch Program.
- § 2-36 EMERGENCY RESPONSE UNIT.
- § 2-36.1 Establishment.
- § 2-36.2 Organization.
- § 2-36.3 Membership.
- § 2-36.4 Composition of Membership.
- § 2-36.5 Power.
- § 2-36.6 Reappointment.
- § 2-36.7 Budgetary Responsibility.
- § 2-36.8 Donations.
- § 2-36.9 Funds; Bonding of Officers.
- § 2-36.10 Misconduct; Appeal to Mayor and Council.
- § 2-36.11 Reimbursement of Expenses.
- § 2-36.12 Junior Emergency Response Auxiliary.
- § 2-37 AMBULANCE SERVICES.
- § 2-37.1 Establishment and Organization.
- § 2-37.2 Command of FMA.
- § 2-37.3 Service and Conduct.
- § 2-37.4 Policy for EMS Billing.
- § 2-38 through § 2-39. (RESERVED)
- § 2-40 DEPARTMENT OF LAW.
- § 2-40.1 General; Establishment of Department of Law.
- § 2-40.2 Borough Attorney/Municipal Legal Department Head.
- Ch 2 Art V Municipal Court
- § 2-41 MUNICIPAL COURT ESTABLISHED.
- § 2-41.1 Established.
- § 2-41.2 Title.
- § 2-41.3 Seal.
- § 2-41.4 Judge of the Municipal Court.
- § 2-41.5 Powers.
- § 2-41.6 Compensation.
- § 2-41.7 Court Administrator; Appointment.
- § 2-41.8 Court Administrator's Duties.
- § 2-42 (RESERVED)
- Ch 2 Art VI Boards, Committees and Commissions
- § 2-43 BOARD OF HEALTH.
- § 2-43.1 Established.
- § 2-43.2 Terms of Members.
- § 2-43.3 Election of Officers.
- § 2-43.4 Powers and Duties.
- § 2-43.5 Compensation.
- § 2-44 BOARD OF RECREATION COMMISSIONERS.
- § 2-44.1 Commission Established.
- § 2-44.2 Membership; Compensation.
- § 2-44.3 Terms of Members and Vacancies.
- § 2-44.4 Powers and Duties.
- § 2-44.5 Officers.
- § 2-44.6 Meetings.
- § 2-44.7 Appropriation.
- § 2-44.8 Costs and Expenses.
- § 2-45 ENVIRONMENTAL COMMISSION.
- § 2-45.1 Creation.
- § 2-45.2 Members.
- § 2-45.3 Powers and Duties.
- § 2-45.4 Acquisitions.
- § 2-45.5 Meetings.
- § 2-45.6 Appropriations.
- § 2-46 CONSUMER PROTECTION COMMITTEE.
- § 2-46.1 Creation; Members; Terms.
- § 2-46.2 Organization.
- § 2-46.3 Budget.
- § 2-46.4 Powers and Duties.
- § 2-47 LIBRARY BOARD OF TRUSTEES.
- § 2-47.1 Library Board of Trustees; Number, Appointment and Term.
- § 2-47.2 Vacancies; How Filled.
- § 2-47.3 Organization.
- § 2-47.4 Trustees; Powers; Employees.
- § 2-47.5 Library Director.
- § 2-47.6 Assistant Library Director.
- § 2-47.7 LIBRARY ASSOCIATE.
- § 2-48 PARKING AUTHORITY.
- § 2-48.1 Established.
- § 2-48.2 Appointments.
- § 2-48.3 Acquisition of Property.
- § 2-48.4 Issuance of Bonds.
- § 2-48.5 Powers and Authority.
- § 2-49 AMERICAN DISABILITIES ACT ADVISORY BOARD.
- § 2-49.1 Establishment.
- § 2-49.2 Compositions.
- § 2-49.3 Terms.
- § 2-49.4 Powers and Duties.
- § 2-49.5 Self-Evaluation.
- § 2-49.6 Maintenance of Accessible Features.
- § 2-49.7 Employment.
- § 2-49.8 Program Accessibility.
- § 2-50 EMERGENCY MANAGEMENT COUNCIL.
- § 2-50.1 Creation.
- § 2-50.2 Members.
- § 2-50.3 Powers and Duties.
- § 2-50.4 Purchases.
- § 2-50.5 Meetings.
- § 2-50.6 Appropriations.
- § 2-51 MEMORIAL ADVISORY COMMISSION.
- § 2-51.1 Advisory Commission Established.
- § 2-51.2 Membership and Appointments.
- § 2-51.3 Organization.
- § 2-51.4 Compensation.
- § 2-51.5 Duties.
- § 2-52 MUNICIPAL ALLIANCE COMMITTEE
- § 2-52.1 Establishment.
- § 2-52.2 Purposes.
- § 2-52.3 Functions and Duties.
- § 2-52.4 Membership; Terms; Representation.
- § 2-52.5 Organization.
- § 2-52.6 Compensation.
- § 2-52.7 Removal of Members.
- § 2-53 through § 2-59. (RESERVED)
- Ch 2 Art VII Contracts and Agreements
- § 2-60 SOUTH BERGEN INTERLOCAL SERVICES CONSORTIUM.
- § 2-60.1 Title.
- § 2-60.2 Authorization.
- § 2-60.3 Compliance with Provisions.
- § 2-61 COOPERATIVE PRICING AGREEMENT.
- § 2-61.1 Title.
- § 2-61.2 Authorization.
- § 2-61.3 Compliance with Provisions.
- § 2-62 through § 2-64. (RESERVED)
- Ch 2 Art VIII Administrative Policies and Procedures
- § 2-65 PAYMENT OF CLAIMS.
- § 2-65.1 Submission.
- § 2-65.2 Presentation.
- § 2-65.3 Approval or Rejection of Claim.
- § 2-65.4 Recording.
- § 2-65.5 Payment.
- § 2-65.6 Mayor's Veto Right.
- § 2-66 DEPARTMENT HEADS INCURRING OBLIGATIONS IN EXCESS OF APPROPRIATIONS PROHIBITED.
- § 2-66.1 Limit of Expenditures.
- § 2-66.2 Purchase Order Required.
- § 2-66.3 Certification of Purchase Order.
- § 2-66.4 Violations and Penalties.
- § 2-66.5 Disciplinary Action for Violations.
- § 2-66.6 Statutory Procedure.
- § 2-67 PAYMENT OF TAXES AND LIENS REQUIRED PRIOR TO PAYMENT OF FIRE INSURANCE CLAIMS.
- § 2-67.1 Certificate of Search Required Prior to Claim Payment.
- § 2-67.2 Claim Payment After Regulations Adopted.
- § 2-67.3 Insurance Company Payment to Borough.
- § 2-67.4 Municipal Agreement with Property Owner.
- § 2-67.5 Borough Claim to Be Paramount.
- § 2-67.6 Applicability of Provisions.
- § 2-67.7 Effective Date.
- § 2-68 PAYMENT OF DELINQUENT TAXES AND ASSESSMENTS PRIOR TO ISSUANCE OF LICENSES AND PERMITS.
- § 2-68.1 Payment of Delinquent Property Taxes or Assessments.
- § 2-68.2 Revocation or Suspension of License or Permit.
- § 2-68.3 Restoration of License or Permit.
- § 2-68.4 Nonapplicability.
- § 2-69 SEVERE EMERGENCY POTABLE WATER SUPPLY.
- § 2-69.1 Preamble.
- § 2-69.2 Executive Order Incorporated by Reference.
- § 2-69.3 Use of Nonpotable Water.
- § 2-69.4 Cooperation of All Persons Required.
- § 2-70 DEFENSE AND INDEMNIFICATION.
- § 2-70.1 Authority, Duty and Scope.
- § 2-70.2 Civil Proceedings.
- § 2-70.3 Proceedings Other Than Civil Actions.
- § 2-70.4 Exclusive Control by Borough.
- § 2-70.5 Provisions for Defense.
- § 2-71 DEFINED CONTRIBUTION RETIREMENT PROGRAM.
- § 2-71.1 Positions Eligible; Participation Required.
- § 2-71.2 Exemptions.
- § 2-71.3 Additional Exemptions.
- § 2-71.4 Implementation of Program.
- § 2-72 AWARD OF PROFESSIONAL SERVICES CONTRACTS.
- § 2-72.1 Pay to Play.
- § 2-72.2 Contributions Made Prior to Effective Date.
- § 2-72.3 Contribution Statement by Professional Business Entity or Vendor.
- § 2-72.4 Return of Excess Contributions.
- § 2-72.5 Violations and Penalties.
- § 2-72.6 Notice to Business Entity.
- § 2-72.7 Fair and Open Process.
- § 2-73 through § 2-74. (RESERVED)
- Ch 2 Art IX Administrative Fees
- § 2-75 FEES FOR ADMINISTRATIVE SERVICE.
- § 2-75.1 Fees Established.
- § 2-75.2 Receipt Book.
- § 2-75.3 Fees to Be Deposited with Treasurer.
- § 2-75.4 Tax Bills — Duplicate Copy Fee.
- § 2-75.5 Service Charge for Checks Returned for Insufficient Funds.
- § 2-75.6 ONLINE PAYMENT OF TAXES.
- § 2-76 RECREATION FEES.
- § 2-76.1 Summer Recreation Fees.
- § 2-76.2 Recreation and Parks Department Programs.
- § 2-77 FEES FOR THE USE OF THE POLICE PISTOL RANGE BY THE OUTSIDE POLICE AGENCIES.
- § 2-77.1 Insurance Certificate.
- § 2-77.2 Certified Firearms/Emergency Personnel.
- § 2-77.3 Fees.
- § 2-77.4 Responsibilities of Outside Police Agencies.
- § 2-77.5 Improper Conduct or Failure to Abide by Rules and Procedures Regarding Pistol Range.
- Ch 3 Police Regulations
- Ch 4 General Licensing and Business Regulations
- Ch 5 Animal Control
- Ch 6 Alcoholic Beverage Control
- Ch 7 Traffic
- Ch 8 Taxicabs
- Ch 9 Personnel Policies
- Ch 10 Parks and Playgrounds
- Ch 11 Building and Housing
- Ch 12 Rent Leveling
- Ch 13 Property Maintenance
- Ch 14 Fire Protection and Fire Prevention
- Ch 15 Streets and Sidewalks
- Ch 16 Sewer and Water
- Ch 17 Environmental Regulations
- Ch 18 Flood Damage Prevention
- Ch 19 Solid Waste Management
- Ch 20 Vacant and Abandoned Property
- Ch 21 Cable Television and Telecommunication Services
- Ch 22 Trees
- Ch 23 Public Utility Poles/Underground Facilities
- Ch 24 Procedure for Payment From Escrow Accounts
- Ch 25 Land Use and Development Regulations
- Ch 26 (Reserved)
- Ch 27 Telecommunications Antennas and Towers
- Ch 28 Stormwater Control
- Ch 30 Short-Term Rental Property
- Ch 31 Roadway Solicitation
- Ch 32 Rental Property
- Ch 33 Electronic Payments
- Disposition List
- Ch DL Disposition List
- Board of Health
- Ch BH1 General Provisions
- Ch BH2 Definitions and Rules of Construction
- Ch BH3 Administration
- Ch BH4 Nuisances
- Ch BH5 Multi-Family Dwellings, Other Houses and Buildings
- Ch BH6 Water Supply
- Ch BH7 (Reserved)
- Ch BH8 Food and Beverages
- Ch BH9 Frozen Foods; Processing, Storage, Sale or Distribution
- Ch BH10 Retail Food Establishments
- Ch BH11 The Business of Keeping and Slaughtering of Poultry
- Ch BH12 (Reserved)
- Ch BH13 (Reserved)
- Ch BH14 Hotels and Rooming Houses
- Ch BH15 Keeping of Small Animals
- Ch BH16 Poultry, Pigeons and Fowl
- Ch BH17 Public Places and Public Lavatories
- Ch BH18 Garbage, Ashes and Rubbish
- Ch BH19 Removal of Fat, Bones and Refuse
- Ch BH20 Smoke, Gasses, or Fumes
- Ch BH21 Swimming Pools
- Ch BH22 (Reserved)
- Ch BH23 Licenses, Permits or Certificates
- Ch BH24 Fees
Editor's Note: Fairview is governed under the Borough
form of government outlined in Chapter 60 of Title 40A of the New
Jersey Statutes. The administrative chapter has been drafted in conformity
with Borough law and in many instances provisions have been restated.
Other enabling laws relevant to this chapter are N.J.S.A. 2A:8-1,
et seq., Municipal Court; Board of Health, N.J.S.A. 26:3-1, et seq.;
Planning Board, N.J.S.A. 40:55D-23, et seq.; Zoning Board of Adjustment,
N.J.S.A. 40:55D-69; Police Department, N.J.S.A. 40A:14-118; and Fire
Departments, N.J.S.A. 40A:14-7; general authority to regulate the
internal affairs of the Borough, N.J.S.A. 40:48-2.
