[1972 Code § 2-7.1; Ord. No. 392-76 § 1; Ord. No. 495-78 § 13; Ord. No. 823-86]
There shall be the following departments, boards and commissions
and such other boards and commissions as may be created, continued
or reconstituted by Charter or Code in the Township.
b.
Boards, Commissions, and Committees.
1.
Municipal Court.
2.
Zoning Board of Adjustment.
3.
Planning Board.
4.
Joint Meeting.
5.
Board of Transportation.
6.
Civil Defense.
7.
Environmental Commission.
8.
Rent Leveling Board.
9.
West Orange Senior Citizens Housing Association.
10.
Eagle Rock Senior Citizens Housing Association.
11.
Community School Board of Trustees.
12.
Consumer Protection and Education Advisory Board.
13.
Citizens Advisory Committee.
14.
Economic Growth Committee.
15.
Municipal Insurance Fund Commission.
Pursuant to N.J.S.A. 40:55C-8, all obligations, rights and responsibilities
of the West Orange Redevelopment Agency are hereby assumed by the
Township Council.
[1972 Code § 2-4.2]
Department heads shall be appointed and removed as provided
by the Charter and, except as otherwise provided by this Code, shall
serve full time. A Director may serve as a division head and a division
head may serve as a bureau head without additional compensation. Under
the supervision of the Mayor, and subject to the Charter and Code,
each Department Head shall:
a.
Subject to the provisions of the New Jersey Statutes, Title 11, Civil
Service, appoint subordinate officers and employees within the respective
departments and may, with the approval of the Mayor, remove such officers
and employees.
b.
Direct and supervise the work of the Department and its employees
through the divisions established by the Code.
c.
Assign functions, powers and duties to subordinate officers and employees
within the Department and modify such assignments as need appears.
d.
Delegate to Division Heads such of his/her powers as the Department
Head may deem necessary for efficient administration.
e.
Report at least annually to the Mayor and Council in such form as
shall be approved by the Business Administrator on the work of the
Department during the preceding year.
[1972 Code § 2-4.3]
a.
The Mayor may in his discretion remove any Department Head, as provided by Subsection 2-2.2b of this chapter.
b.
The Council may for cause remove any Township Officer other than
the Mayor or a Member of Council.
c.
The Council shall consider notices under Subsection a of this subsection and motions under Subsection b of this subsection only after notice and an opportunity to be heard are given to the affected officer. The Clerk shall forthwith cause a copy of the notice or motion, as the case may be, together with a statement of the charges involved and notice of the time and place fixed for hearing, to be served personally or by registered mail upon the officer affected. Hearing shall be held not less than 10 days nor more than 15 days after the date of such service. The hearing shall be open to the public.
[1972 Code § 2-4.3; Ord. No. 392-76 § 2]
In order to be eligible to serve on any of the boards or commissions listed in Subsection 2-7.1b or any other duly created committee, board or commission, an individual shall be a legal resident of the Township of West Orange. If any member of any such board, commission or committee moves from the Township, his or her right to continue serving shall terminate automatically, and the position shall be deemed vacant, subject to reappointment for the unexpired portion of the term in the same manner as the original appointment was made.
[1972 Code § 2-5.1; Ord. No. 2329-11 § I]
There shall be a Department of Administration and Finance. Within
the Department of Administration and Finance there shall be a Division
of Administration, a Division of Purchasing, a Division of Personnel,
a Division of Treasury, a Division of Collections, a Division of Assessments
and a Division of Accounts and Control. The Business Administrator
shall serve as the Director of the Division of Administration, the
Division of Personnel and the Division of Assessments, without additional
compensation. The Chief Financial Officer shall serve as the Director
of Finance supervising and directing the Division of Purchasing, the
Division of Treasury, the Division of Collections and the Division
of Accounts and Control, without additional compensation, under the
supervision and direction of the Business Administrator. The Business
Administrator may designate a member of the Department of Administration
and Finance or any Department Director to act as Assistant Administrator
in his/her absence as he/she may direct, and to perform such other
duties as may be assigned, without additional compensation.
[1972 Code § 2-5.2; Ord. No. 207-71 § 1]
Within the Department of Administration and Finance and under
the direction and supervision of the Business Administrator, the Division
of Administration shall:
a.
Prescribe and install uniform forms and procedures for budget preparation
by all Departments; and assist in the review and analysis of budget
requests and in the preparation of the budget document.
b.
Study, prepare and install methods and systems for administration
of the various departments.
c.
Supervise telephone, mail, office equipment and furnishings and other
office services.
d.
Place, purchase and review property, liability and other insurance
and surety bonds as required for Township purposes.
[1972 Code § 2-5.3; Ord. No. 2329-11 § I]
Within the Department of Administration and Finance, there shall
be a Division of Purchasing, the head of which shall be the Purchasing
Agent, who shall be appointed by the Business Administrator. The Purchasing
Agent shall report to the Director of Finance.
He/she shall, prior to his/her appointment, be qualified by
having a bachelor's degree from a recognized college or university,
and a minimum of at least five years' experience or specialized training,
or an equivalent combination of experience and training in the field
of public or private purchasing and quality control. He/she shall
receive compensation as shall be provided by ordinance and shall:
a.
Have and exercise the functions, powers and duties of Purchasing
Agent as provided by law.
b.
Make all purchases of supplies, materials or equipment, all in accordance
with the requirements of the Charter and the Code and the Statutes
of the State of New Jersey.
c.
Place, purchase and review property, liability and other insurance
and surety bonds as required for Township purposes.
d.
Comply with written rules and regulations which may be established
for the Division of Purchasing as set forth by the Business Administrator.
e.
Perform studies leading to eventual grants-in-aid, State and Federal,
to bring in needed revenues for municipal projects, i.e., Green Acres,
library, health, recreation and planning programs.
[1972 Code § 2-5.4; Ord. No. 2329-11 § 1]
The Personnel Officer shall be the head of the Division of Personnel
with the Department of Administration and Finance. Under the direction
and supervision of the Business Administrator, the Division shall
administer the Township's personnel program, including job classification
and pay plan and other personnel policies, and maintain a complete
system of personnel records of municipal officers and employees.
[1972 Code § 2-5.6; Ord. No. 2329-11 § I]
Within the Department of Administration and Finance there shall
be a Division of Treasury, the head of which shall be the Treasurer/Chief
Financial Officer.[1] He shall be appointed for the term prescribed by law for
Municipal Treasurers/Chief Financial Officers. Under the direction
and supervision of the Business Administrator, the Division of Treasury
shall:
a.
Receive funds entrusted to, or under the control of any Department,
and deposit all funds received by it in depositories authorized by
the Council by resolution.
b.
Have custody of all investments and invested funds of the Township
or in its possession in a fiduciary capacity, except as otherwise
provided by law, and keep such funds and all moneys of the Township
not required for current operations safely invested or deposited in
interest bearing accounts as may be approved by the Comptroller.
c.
Make disbursements of Township funds upon warrant of the Comptroller
by an individual warrant check for each bill, claim, wage and salary
payment.
d.
Keep a full account of all cash receipts and disbursements by the
division according to the system of accounts approved by the Comptroller.
e.
Make all purchases of all supplies, materials or equipment, all in
accordance with the requirements of Charter and Code.
[1]
Editor's Note: Statutory reference N.J.S.A. 40A:9-140.1 et
seq. and N.J.S.A. 40A:9-140.2 provide a term of four years and require
a Municipal Finance Officer Certificate.
[1972 Code § 2-5.7; Ord. No. 2329-11 § I]
Within the Division of Treasury, there shall be a Central Cashier's
Office. All cash receipts and payment to the Township for or on account
of departments, except fines imposed for traffic violations or otherwise
in the Municipal Court, shall be received and accounted for by the
Cashier. This shall include, without limitation thereto, all tax payments,
parking meter revenues, license, permit and inspection fees, filing
fees, and all other revenue receipts of any such department, unless
the Director of Finance shall otherwise direct.
[1972 Code § 2-5.8; Ord. No. 2329-11 § I]
Within the Department of Administration and Finance there shall
be a Division of Accounts and Control, the head of which shall be
the Township Comptroller, who shall be the Chief Financial Officer.
The Comptroller shall, prior to his or her appointment, be qualified
by at least five years' training or experience or a combination thereof
in governmental accounting and financial control. The Division shall:
a.
Develop, maintain and enforce a uniform system of accounts, including
forms, standards and procedures for all Departments of the Township
government including the collection of any and all required economic
data required for the efficient and effective operation of the Departments.
b.
Maintain and operate the Township's central bookkeeping and accounting
records according to sound accounting principles, and in accordance
with the requirements of the Director of the State Division of Local
Finance.
c.
Install and provide such records and reports as may be prescribed
or approved by the Business Administrator for the determination of
the cost of performance of each functional program or activity, measured
in such work units as may be appropriate thereto.
d.
Audit all receipts and disbursements of the Township government and
of each of its departments and pre-audit all bills, claims and demands
against the Township, including payrolls.
e.
Control all expenditures to assure that budget appropriations are
not exceeded, and maintain such books and records as may be required
for the proper exercise of such budgetary control, including an encumbrance
system of budget operation.
f.
Review each proposed expenditure and commitment to be made on behalf
of any department for conformity with State law, the Charter and ordinances
of the Township, and authorize only such expenditures and commitments
as conform with all the requirements of the Administrative Code.
g.
Supervise the administration of the Township debt and the receipt
and delivery of Township bonds and notes for transfer, regulation
or exchange.
[1972 Code § 2-5.9; Ord. 492-78 § 1; Ord. No. 2329-11 § I]
Within the Department of Administration and Finance, there shall
be a Division of Tax Collection, the head of which shall be the Collector.[1] The Collector shall be appointed for the term prescribed
by law for Municipal Tax Collectors. Under the direction and supervision
of the Director of Finance, the Division shall:
a.
Perform the functions of a collector of taxes under general law,
including without limitation thereto the preparation and mailing of
tax bills, enforcement of tax collections by tax sales and otherwise,
and the maintenance of tax accounting records in such manner as may
be prescribed or approved pursuant to the Charter and Code.
b.
Receive and collect all current delinquent real and personal property
taxes, charge and receive penalties and interest pursuant to law.
c.
Make or cause to be made and certify searches for tax and other liens
on real property as may be authorized by law, and charge and collect
for the use of the municipality the fee required pursuant to law for
any such search, and the collector may appoint or designate one of
the division employees as official tax searcher to perform these functions
within the division.
d.
In determining the value of real property recited on attached schedule
for the purposes of taxation, regard the first $10,000 in the assessor's
full and true value of home improvements for each dwelling unit primarily
and directly affected by a home improvement in any single or multiple
dwelling unit property more than 20 years old, as not increasing the
value of such property for a period of five years, notwithstanding
that the value of the dwelling to which such improvements are made
is increased thereby, provided, however, that during this period,
the assessment on such dwelling shall in no case, except that of damage
through action of the elements sufficient to warrant a reduction,
be less than the assessment thereon existing immediately prior to
such home improvements.
[1]
Editor's Note: Statutory Reference 40A:9-141 et seq. Tax Collector
holds office for four years. Certification of Tax Collector —
See N.J.S.A. 40A:9-145.2.
[1972 Code § 2-24.1, § 2-24.2; Ord. No. 677-82 § 2; Ord. No. 2329-11 § I; Ord. No. 2560-19]
a.
Appointment; Term and Qualifications. The Mayor shall appoint a Tax
Assessor and Deputy Tax Assessor(s) as he/she may deem necessary,
subject to the advice and consent of the Township Council. The Tax
Assessor and Deputy Assessor(s) shall serve for a term of four years
commencing January 1, next following his/her appointment. Vacancies,
other than those due to expiration of term, shall be filled by appointment
for the unexpired term. (See also N.J.S.A. 40A:9-148)
A Municipal Tax Assessor shall hold a Tax Assessor Certificate
provided in N.J.S.A. 54:1-35.25 et seq. A Deputy Tax Assessor shall
hold a Tax Assessor Certificate and shall act under the direct supervision
of and assist the Tax Assessor.
b.
Powers and Duties. The Office of the Tax Assessor shall be subject
to such general administrative procedures and requirements as are
departments of the municipal government. The Tax Assessor shall:
1.
Assess the value of property within the municipality for the purpose
of general taxation.
2.
Maintain a current tax map of the municipality as a public record
and cause to be recorded thereon all changes in ownership or character
of assessed parcels of real property.
3.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted and maintain such files, records and
procedures as may be required for the valuation and assessment of
property pursuant to law.
4.
Have, perform and discharge all of the functions, powers and duties
prescribed by law for a Municipal Tax Assessor.
5.
Make assessments for benefit of local improvements and/or damages
procured to property resulting from local improvements.
[1972 Code § 2-6.1; Ord. No. 2385-13]
There shall be a Department of Law, the director of which shall
be the Township Attorney. The Township Attorney shall be appointed
by the Mayor with the advice and consent of the Council, need not
serve full time, and shall serve during the term of office of the
Mayor appointing him, and until the appointment and qualification
of his successor, with the manner and amount of compensation to be
approved by the Governing Body. The Department of Law shall consist
of the Township Attorney and such other employees as are hired by
the Township Attorney with approval of the Governing Body, including,
but not limited to, an Assistant Township Attorney.
[1972 Code § 2-6.2; Ord. No. 288-73 §§ 1 — 4; New; Ord.
No. 2385-13]
The Township Attorney shall be the attorney for the Township
as a municipal corporation of the State of New Jersey and he or she
shall provide that entity and its officers in their official capacity
with all appropriate legal advice, opinions and services which they
may require, at all times being subject to the laws, regulations,
ordinances and rules of the State of New Jersey, County of Essex,
Township of West Orange, and as the same may be interpreted by the
courts having proper jurisdiction.
The duties of the Township Attorney shall include at least the
following and may be performed by him or her personally, or as delegated
to one or more subordinates:
a.
Provide legal advice and opinions, whether orally and informally,
or in formal written form, to those Township Officials, elected or
appointed including, but not limited to, the Mayor, Council, Business
Administrator, Chief Financial Officer, or any Department Director,
requesting same in the course of performing their official duties
and to ensure that such performance and the operation of the municipal
corporation in the administration of municipal affairs is lawful and
proper;
b.
Attend all meetings of the Township Council and provide legal advice
to the Council as necessary to ensure that the proceedings are conducted
in a lawful and proper manner, and to provide legal advice on all
matters of Township business;
c.
Represent the Township in any and all judicial and administrative
proceedings, whether before a Judge, Arbitrator, or Mediator, in which
the Township or any of its officers in their official capacity, may
have an interest, or before the Council sitting as an administrative
authority, including, but not limited to, ABC matters;
d.
Represent the Township in any transactional matters, including but
not limited to, the purchase and/or sale, or lease of property, real
or personal, in which the Township has an interest;
e.
Draft, or review and approve as to form and sufficiency, all legal
documents, contracts, deeds, ordinances and resolutions made, executed
or adopted by or on behalf of the Township;
f.
Enter into any agreement, compromise, or settlement of any litigation
in which the Township is involved, subject to the approval of the
Governing Body;
g.
Supervise and direct the work of such additional attorneys, technical
and professional assistants as may be authorized by the Governing
Body for regular or special employment by or for the Township.
[1972 Code § 2-2-6.4; Ord. No.
2385-13]
Subject to Governing Body approval, there shall be an Assistant
Township Attorney appointed by the Township Attorney, who shall supervise
same and delegate and assign those of his duties, or portions of them,
which in the Township Attorney's judgment will contribute to and facilitate
the efficient and effective operation of the Law Department. The Assistant
Township Attorney shall be authorized to perform all of the duties
of the Township Attorney in the event of his or her absence or unavailability
and subject to the Township Attorney's delegation of authority to
avoid any duplication of services. The Assistant Township Attorney
need not serve full time and shall be subject to annual reappointment
with the manner and amount of compensation to be approved by the Governing
Body.
[1972 Code § 2-6.4; Ord. No. 2385-13]
Subject to Governing Body approval, the Township Attorney may
appoint such Special Counsel as may be required or advisable to handle
matters in which a conflict of interest precludes representation by
the Township Attorney or Assistant Township Attorney, or which due
to its complexity, special nature, time demands or constraints, or
for any good reason would benefit from the special experience and/or
training of the Special Counsel to be hired. Such Special Counsel
need not serve full time and would be expected to serve for the duration
of the matter for which he or she was appointed, subject to annual
reappointment with the manner and amount of compensation to be approved
by the Governing Body. Special Counsel would be subject to the supervision
of the Township Attorney who would monitor the work, review and approve
the bills of all Special Counsel.
[Ord. No. 902-88 § 1; Ord. No. 1038-90 § 1; Ord. No. 1838-02]
a.
Qualifications; Appointment. The Municipal Public Advocate shall
be a New Jersey Attorney-at-Law, appointed by the Township Council.
b.
Powers and Duties. The Municipal Public Advocate may appear before
the Township's Zoning Board of Adjustment and Planning Board, and
such other Federal, State, County and Municipal Agencies and/or Courts
as the circumstances warrant in order to represent and advocate the
public interest, not individual interests, in proceedings of Substantial
Importance in which he/she shall determine in his/her sole discretion
to warrant such representation and advocacy. With regard to appearances
before the Township Zoning Board of Adjustment and the Township Planning
Board, the term "Substantial Public Importance" shall be defined as
or limited to applications where the applicant is seeking relief in
any one of the following areas:
1.
Application seeking a use variance;
2.
Application seeking a major subdivision;
3.
Application where three or more variances are being sought;
4.
Application where a variance for parking is being sought;
5.
Application of any nature involving property which is contiguous
or proximate to land located in the conservation district;
6.
Application where the applicant is seeking vacation of streets, roads,
rights-of-way, or similarly defined thoroughfares;
7.
Application where a variance for height, coverage, or density is
being sought;
8.
Application that has been bifurcated and where one part of the bifurcated
application seeks relief under any one or more Subsections 1 through
7 above;
9.
Any application affecting two or more acres of land.
c.
Appearances Restricted. The Public Advocate shall not appear before
the Township's Planning Board or Zoning Board of Adjustment on any
applications other than as enumerated above.
d.
Purpose. The Public Advocate shall be retained by the Township Council
but shall not operate in any manner under the direction or control
of the Township Council except to the extent that the Public Advocate
must receive prior approval of litigation expenses from the Township
Council by appropriation in the Municipal Budget. He/she shall exercise
his/her sole discretion as to the importance and the extent of the
public interest and whether that interest would be adequately represented
and advocated without his/her action.
It is intended that the creation of the position of Municipal
Public Advocate is to insure that a full, fair, and balanced record
be made in such matters of substantial public importance. The Public
Advocate shall make available the evidence bearing upon the issues
to the Township's Planning Board and the Township Zoning Board of
Adjustment. The Public Advocate shall maintain a thorough record of
the issues and evidence so that such Boards and such other Federal,
State, County, and Municipal agencies, the Township Council and Courts,
whether trial or appellate, will have the benefit of a fully developed
record of the proceedings, containing all of the testimony and evidence
for a fair, unbiased, impartial decision in accordance with all of
the applicable rules/laws. The role of the Public Advocate is to insure
that the public interest, not individual interests, will be adequately
represented and better served.
e.
Compensation. The salary for the position of the Public Advocate
shall be set by ordinance and in no event shall it be higher than
the combined salary set for the attorneys for the Planning Board and/or
Zoning Board of Adjustment. An appropriation for the Public Advocate
shall be provided in the Municipal Budget and approved by Resolution
of the Township Council. The Public Advocate may not commence litigation
without an appropriation in the Municipal Budget. The Public Advocate
may not exceed the monies appropriated in the budget for litigation
expenses. In the event that the Public Advocate should require further
funding for litigation, he/she must request funding from the Township
Council in advance of any such expenses being incurred. Additional
funding for litigation expenses of the Public Advocate must be approved
by Resolution of the Township Council.
f.
Term of Office. The term of the Public Advocate shall expire annually
on December 31.
[1972 Code § 2-7.1; Ord. No. 2305-11 § II]
a.
There shall be a Department of Public Works, the head of which shall
be the Director of Public Works. Prior to his/her appointment, the
Director shall have a degree in engineering from a recognized university,
college or school of engineering, be a duly licensed professional
engineer of the State of New Jersey, and have at least four years
of responsible experience in public works administration.
b.
At any time wherein the position of Director of Public Works is vacant
the duties of the Director of Public Works, in part of in total, may
be performed by a Deputy Department Head of Public Works/Engineering.
He/she shall receive such compensation as may be fixed by ordinance.
c.
The Department shall:
1.
Be responsible for all matters relating to the construction, management,
maintenance and operation of the physical properties of the Township
other than office supplies, furniture and equipment.
2.
Direct and supervise the preparation of plans and specifications
and the letting and performance of contracts for all Township public
works or improvements.
3.
Provide all engineering and mechanical services required by any department,
office or agency of the Township government, except as otherwise directed
by the Mayor or Business Administrator.
Any references within this section to a Director of Public Works
shall mean the Director of Public Works or a Deputy Department Head
of Public Works/Engineering acting as the Director of Public Works.
[1972 Code § 2-7.2]
Within the Department of Public Works there shall be a Division
of Engineering, the head of which shall be the Township Engineer.
The Division, under the direction and supervision of the Director,
shall:
a.
Prepare, or cause to be prepared, plans and specifications for public
works and improvements undertaken by the Township, either on force
account or by public contract.
b.
Supervise the performance of contracts for public works, the amounts
due and payable thereunder.
c.
Provide and maintain surveys, maps, plans, specifications and operating
records with respect to public works and facilities owned or operated
by the Township.
d.
Supervise and direct the installation and administration of departmental
records, payroll and inventory controls, and cost analyses.
e.
Establish standards and procedures for the control, use and care
of all Township-owned equipment, materials and supplies in the custody
of the Department.
f.
Study and report upon the technical requirements of street lighting
and traffic control.
g.
Supervise and enforce the Township's interest in public contracts
for fire, hydrant service, street lighting, joint outlet sewer maintenance.
h.
Provide technical and engineering advice and assistance to other
Township Departments as needed.
i.
Issue certificates as to approval of land subdivisions by the Planning
Board or the Council, pursuant to State Municipal Planning Act. (N.J.
Laws of 1953, Chapter 433 as amended; N.J.S.A. 40:55D-1 et seq.)
[1972 Code § 2-7.3]
Within the Department of Public Works there shall be a Division
of Buildings and Property, the head of which shall be the Superintendent.
The Division, under the direction and supervision of the Director,
shall:
a.
Operate and maintain public buildings owned by the Township.
b.
Trim, plant and care for trees, public parks and greens.
c.
Install, maintain and repair parking meters.
d.
Provide custodial and janitorial services for all Township buildings,
except fire houses.
e.
Administer Township-owned properties.
f.
Operate and maintain Township-owned off-street parking facilities.
g.
Maintain and repair play fields and playgrounds and recreational
areas and facilities, as requested and pursuant to instructions of
the Recreation Director.
[1972 Code § 2-7.4]
Within the Department of Public Works there shall be a Division
of Street Services, the head of which shall be the Superintendent.
The Division, under the direction and supervision of the Director,
shall:
a.
Maintain and repair all Township streets, bridges, culverts and drains.
b.
Undertake and administer Township road construction projects, and
road surfacing and resurfacing projects which are to be performed
by the department on force account.
c.
Maintain all Township streets in a clean and safe condition for travel,
free of obstructions and hazards, and remove snow and ice therefrom
as required.
d.
Install, repair and maintain street traffic signs, lines and markers.
e.
Receive applications for and issue street opening permits, and administer
the Township's ordinances relating to street openings.
[1972 Code § 2-7.5]
Within the Department of Public Works there shall be a Division
of Sewers and Sanitation, the head of which shall be the Assistant
Superintendent of Streets. Under the direction and supervision of
the Director, the Division shall:
[1972 Code § 2-8.1; Ord. No. 960-89 § 1; Ord. No. 2308-11 § II]
a.
There shall be a Department of Planning and Development, the head
of which shall be the Director. Prior to his or her appointment, the
Director shall have a bachelor's degree from a recognized college
or university, with specialized training in municipal planning and
administration and at least four years of responsible experience in
public planning or urban renewal work. He/she shall receive such compensation
as may be fixed by ordinance.
b.
At any time wherein the position of Director of Planning and Development
is vacant the duties of the Director of Planning and Development,
in part or in total, may be performed by a Deputy Municipal Department
Head of Planning/Development. He/she shall receive such compensation
as may be fixed by ordinance.
Any references within this revision to a Planning Official shall
mean the Planning Director or a Deputy Municipal Head of Planning/Development
acting as the Planning Director.
[1972 Code § 2-8.2]
The Department shall:
a.
Advise and assist the Mayor and the Council in regard to the physical
planning and public improvement aspects of all matters related to
the development of the Township.
b.
Provide staff assistance to the Planning Board in all matters under
its jurisdiction.
c.
Conduct continuous studies and collect statistical and other data
to serve as the basis for planning recommendations.
d.
Study the operation and effect of land use controls and their administration
within the Township, and report thereon to the Mayor and Council.
e.
Develop and administer programs and activities for the rehabilitation
of housing and conservation of neighborhoods, and constitute and appoint
citizen advisory committees for these purposes. To carry out the purposes
of this subsection, conservation or rehabilitation work may include
the following:
1.
Carrying out plans for a program of voluntary repair and rehabilitation
of buildings and other improvements.
2.
Acquisition of real property and demolition, removal or rehabilitation
of buildings and improvements thereon where necessary to eliminate
unhealthful, unsanitary or unsafe conditions, lessen density, reduce
traffic hazards, eliminate obsolete or other uses detrimental to the
public welfare, or to otherwise remove or prevent the spread of blight
or deterioration, or to provide for needed public facilities.
3.
Installation, construction or reconstruction of streets, utilities,
parks, playgrounds and other improvements necessary for carrying out
the objectives of the redevelopment project.
4.
Disposition, for uses in accordance with the objectives of the redevelopment
project, or any property or part thereof acquired in the area of such
project.
5.
Jurisdiction over all Township-owned lands for cataloging, appraising
and recommendations as to sale, retention and acquisition.
The powers herein enumerated are to be strictly limited to conservation
and rehabilitation work.
[1972 Code § 2-8.3; Ord. No. 495-78 §§ 2, 3]
There is hereby created a body corporate and politic to be known
as the West Orange Redevelopment Agency, to have and exercise all
the functions, powers and duties provided by the State Redevelopment
Agencies' Law, and all amendments and supplements thereof (N.J.S.A.
40:55D-1 et seq.). The Department of Planning and Development shall:
a.
Administer and direct urban conservation, rehabilitation and renewal
activities of the Township.
b.
Prepare, review, revise and modify a workable program as defined
by law (Laws of 1956, Chapter 212, N.J.S.A. 40:55C-35, 37) for utilizing
appropriate private and public resources to eliminate and prevent
the development or spread of blight and deterioration, to encourage
needed conservation or rehabilitation, to provide for the redevelopment
of blighted, deteriorated or deteriorating areas, and to undertake
such of these activities or other feasible activities as may be suitably
employed to achieve the objectives of such a program, provided that
the workable program may be adopted, amended, revised or modified
only with the approval of the Mayor.
c.
Exercise the powers of the Township as an authorized local public
agency for purposes of any Federal Urban Renewal or redevelopment
program, provided that no project shall be undertaken except upon
the approval of the Council and nothing in this section shall be construed
to authorize any expenditure except pursuant to an appropriation made
by the Council.
d.
Appoint or contract with technical and professional advisors and
assistants as may be required and approved for any Federally or State
aided planning, renewal, development or redevelopment project, providing
that nothing herein shall be construed to authorize the making of
any contract without the approval of Council where such approval is
required by law.
e.
Constitute and appoint advisory committees, neighborhood councils
and other forms of citizen participation in urban rehabilitation and
redevelopment.
[1]
Editor's Note: There being presently pending no land disposition
or redevelopment plans or projects, all of which have been concluded,
the West Orange Redevelopment Agency be and is hereby dissolved effective
immediately upon the effective date of Ordinance No. 495-78, adopted
July 18, 1978. Pursuant to N.J.S.A. 40:55C-8 all obligations, rights,
and responsibilities of the West Orange Redevelopment Agency are hereby
assumed by the Township Council of the Township of West Orange upon
the dissolution becoming effective.
[1972 Code § 2-8.4]
Whenever any project or course of action is related to or may
affect the Master Plan, the Department shall submit the matter to
the Planning Board for review and recommendation. Such recommendations
shall be annexed to and accompany any proposal transmitted to the
Council with respect to any such project or course of action.
[1972 Code § 2-8.6]
Within the Department there shall be a Division of Planning.
Under the direction and supervision of the Director and subject to
the Charter and Code, the Division shall:
a.
Prepare and maintain a Comprehensive Master Plan for the Township
and prepare such plans, studies, analyses, surveys and reports which
may be necessary to implement the Comprehensive Master Plan or to
guide governmental policy for the assurance of the orderly and coordinated
development of the Township.
b.
Prepare and maintain a workable program for community development,
a capital improvement program, and a community renewal program.
c.
Act as the research arm of the Planning Board and the Division of
Redevelopment.
d.
Review all subdivision applications, requests for zoning variances
and public improvements within the Township and make recommendations
thereon to the Planning Board, Zoning Board of Adjustment and Township
Council.
[1]
Editor's Note: Statutory reference — N.J.S.A. 40A:14-118. The Schedule of Charges for certain services performed by the Department of Police is located in Article IX, Administrative Procedures, Subsection 2-66.3. The current collective bargaining agreement may supersede these provisions. Prior ordinance history includes portions of 1972 Code §§ 2-9.1 — 2-9.11, 2-9.14-2-9.17 and Ordinance Nos. 87, 367-75, 419-77, 616-81, 845-86, 909-88, 980-89, 1003-90, 1104-92, 1262-94, 1315-95, 1439-97, 1446-97.
[Ord. No. 1592-99 § I]
The purpose of this legislation is to comply with N.J.S.A. 40A:14-118
as recommended in the Department of Law & Public Safety Division
of Criminal Justice Technical Assistance Report dated May 1998.
[Ord. No. 1592-99 § 2; Ord. No. 2348-12; Ord.
No. 2403-14; Ord. No. 2522-17; amended 4-14-2020 by Ord. No. 2599-20]
There is hereby created in and for the Township of West Orange
a Police Department which shall consist of a Chief of Police and such
members and officers as shall be deemed necessary by the Mayor or
his designee ("Mayor") who shall, from time to time, determine the
number of persons, including patrolmen, superior officers, temporary
officers and members in an emergency, to be appointed to those positions.
a.
From the
effective date of this section until March 7, 2021, or upon the expiration
of the Eligible/Failure Roster issued by the Commission on February
26, 2018 (Title Code 02727, Symbol PM0754V), whichever is later, the
Table of Organization for the Police Department shall not exceed a
total force of 120, including the following maximums by rank:
|
Police Chief
|
1
|
|
Deputy Police Chief
|
2
|
|
Captain
|
5
|
|
Lieutenant
|
12
|
|
Sergeant
|
21
|
|
Patrolman
|
81
|
b.
Beginning
on the March 7, 2021, or upon the expiration of the Eligible/Failure
Roster issued by the Commission on February 26, 2018 (Title Code 02727,
Symbol PM0754V), whichever is later, the Table of Organization for
the Police Department shall not exceed a total force of 120, including
the following maximums by rank:
|
Police Chief
|
1
|
|
Deputy Police Chief
|
2
|
|
Captain
|
5
|
|
Lieutenant
|
11
|
|
Sergeant
|
21
|
|
Patrolman
|
81
|
[Ord. No. 1592-99 § III]
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 Township of West Orange; direct and control traffic; provide
attendance and protection during emergencies; make appearances in
court; cooperate with all other law enforcement agencies; and provide
training for the efficiency of its members and officers.
[Ord. No. 1592-99 § IV]
The Mayor shall be designated as the Appropriate Authority as
provided in the New Jersey Statutes. The Mayor shall also serve as
the Appointing Authority as defined in N.J.A.C. 4A:1-1.3. The Mayor
shall be responsible for the overall performance of the Police Department.
The Mayor shall adopt and promulgate rules and regulations for the
governance of the Police Department and for the discipline of its
members. Notwithstanding the foregoing the Mayor may appoint a Police
Director to fulfill these responsibilities.
The Chief of Police shall be the head of the Police Department
and shall be directly responsible to the Mayor for its efficiency
and day-to-day operations. Pursuant to policies established by the
Mayor, the Chief of Police shall:
a.
Administer and enforce the rules and regulations of the Police Department
and any special emergency directives 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 Mayor 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 Mayor.
[Ord. No. 1592-99 § V;
amended 10-12-2021 by Ord. No. 2658-21; 1-4-2022 by Ord. No. 2671-21; 6-28-2022 by Ord. No. 2686-22]
No person shall be appointed to the Police Department who is
not qualified as provided in the New Jersey Statutes. The Mayor may
also require that an applicant for appointment to the Police Department
shall successfully complete a physical, mental and psychological examination.
a.
Each applicant shall comply with all of the laws of the State of
New Jersey pertaining to qualifications of Police Officers. No person
shall be given or accept a permanent appointment as a Police Officer
in the Township unless such person has first been given a probationary
or temporary appointment to such office for a period of not longer
than one year or one year after the date of graduation from the Police
Academy, whichever is longer, and has successfully completed a Police
training course at a school approved and authorized by the Police
Training Commission in the Department of Law and Public Safety of
the State of New Jersey, pursuant to the provisions of N.J.S.A. 40A:14-118
et seq. Each candidate for appointment to the Police Department shall
submit to such written and oral examination as may be prescribed by
Civil Service, except that at the sole discretion of the Mayor a candidate
for an entry-level law enforcement position may be exempt from this
requirement for examination by Civil Service pursuant to N.J.S.A.
11A:4-1.3(a) provided that they have successfully completed a full
Basic Course for Police Officers training course at a school approved
and authorized by the Police Training Commission within nine months
of the date of hire. Each candidate for appointment to the Police
Department shall also submit to a physical examination by a licensed
practicing physician and/or an examination by a licensed psychologist
of the State of New Jersey, designated for such purpose. The character
and scope of such examination shall be for the purpose of revealing
the extent to which the applicant may be mentally, physically and
otherwise qualified to perform his appropriate duties in the Department.
Any applicant who shall fail to meet the physical qualifications as
may be set up by the Appropriate Authority, or in the opinion of the
examining physician is incapable of performing the duties of a Police
Officer in a safe and efficient manner shall be ineligible for appointment
to the Department.
b.
No person shall be appointed to the Police Department as a regular
or probationary member unless that person shall at the time of making
application be between the age of 18 and 35 years, except as provided
by law in the case of veterans. The applicant shall be a citizen of
the United States of America.
c.
This section shall apply only to initial appointments and not to
the promotional appointments of persons already members of the Police
Department.
d.
No family member, including a spouse, child, parent, sibling, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepsibling, half-brother, half-sister, nephew, niece, first cousin, aunt, uncle, foster child, domestic partner or cohabitants as defined by the New Jersey Civil Union Act, of a member of the Police Department shall be eligible for appointment to the Police Department by way of appointment through the alternate route appointment procedures pursuant to N.J.S.A. 11A:4-1.3(a) as allowed in subsection a of this section.
[Ord. No. 1592-99 § VI]
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.
[Ord. No. 1592-99 § VII]
The Appropriate Authority shall promulgate, and revise and enforce
a Manual of Police Discipline, Practices and Procedures for the better
administration of the work of the Department and for the discipline
and efficiency of the Police Force.
[Ord. No. 2124-07 § II; Ord. No. 2266-10]
a.
Authority and Purpose. The Township of West Orange hereby establishes
Special Police Officers pursuant to and in compliance with the Special
Law Enforcement Officers Act (N.J.S.A. 40A:14-146.8 et seq.).
b.
Classes of Officers. The Township of West Orange establishes the
titles of Class I and Class II Special Police Officers.
c.
Uniforms and Insignia. Special Police Officers shall wear uniforms
approved for use by the Chief of Police. Uniform shirts and outer
garments shall display a recognizable patch designating the Special
Police Officer as either Class I or Class II. Each Special Police
Officer is responsible for the purchase, care and maintenance of uniforms.
d.
Compensation for Training. Special Police Officers shall not receive
compensation while engaged in any training programs required by the
Police Training Commission, the Chief of Police, or other competent
government authority.
f.
Authority of Officers.
1.
While on duty, Class I Special Police Officers shall exercise limited
police powers. These powers include:
2.
Special Police Officers are subject to the personnel policies of
the Township of West Orange.
3.
Special Police Officers are subject to the West Orange Police Department's
Written Directive System, where applicable.
4.
Class I Special Police Officers are authorized to carry, while on
duty, less lethal weapons authorized by the Chief of Police and shall
qualify/demonstrate proficiency with less lethal weapons with the
same frequency as regular Police Officers.
5.
Class II Special Police Officers are authorized to carry a firearm
while on duty. The Chief of Police shall determine the types and specification
for the firearm and ammunition. Class II Special Police Officers shall
qualify/demonstrate proficiency with all authorized weapons with the
same frequency as regular Police Officers.
6.
Special Police Officers shall successfully complete all training
statutorily required by law, the New Jersey Attorney General, or the
Essex County Prosecutor with the same frequency as regular Police
Officers.
h.
Duty Hours.
1.
Special Police Officers shall ordinarily not work in excess of 20
hours per week with the following exceptions:
i.
Supplemental.
1.
Special Police Officers shall not be utilized to supplant regular
Police Officers on Township assigned extra-duty assignments.
2.
Special Police Officers assigned to parking enforcement duties shall
be authorized to serve and execute all process for any parking offense
issuing out of the West Orange Municipal Court.
3.
Special Police Officers assigned to parking enforcement duties may
cause any vehicle parked, stored, or abandoned in the Township of
West Orange in violation of statute, ordinance, resolution, or regulation
to be towed away from the scene of the violation.
4.
Special Police Officers shall be indemnified for liability by the
Township of West Orange.
[Added 10-12-2021 by Ord. No. 2658-21; repealed 1-4-2022 by Ord. No. 2671-21]
Editor's Note: Material from § 2-14.9 repealed by Ord. No. 2671-21 contained Hiring, Promotion and Supervision of Officer.
[1]
Editor's Note: The current collective bargaining agreement
may supersede these provisions.
[1972 Code § 2-10.1]
There shall be a Department of Fire, the head of which shall
be the Director. Prior to his appointment, the Director shall have
at least four years of responsible experience in the administration
of fire fighting or fire prevention service. The Director shall receive
such compensation as may be provided or fixed by ordinance.
[1972 Code § 2-10.2]
The head of the Fire Fighting Force shall be the Fire Chief.
The Fire Department shall be organized according to such table of
organization as shall be prescribed by the Director with the approval
of the Mayor. The Department shall:
a.
Have exclusive jurisdiction over the control, fighting and extinguishment
of any conflagration which occurs within the Township limits.
b.
Provide fire fighting services and facilities for the protection
of life and property within the Township, and in accordance with such
mutual aid agreements as may be enforced.
c.
Operate, repair and maintain a fire alarm signal system.
d.
Investigate the cause, circumstances and origin of fires and report
to the County Prosecutor every case of suspicion of arson.
e.
Maintain and administer a Fire Prevention and Safety Inspection Service
for the Township.
[1972 Code § 2-10.3; Ord. No. 870-87 § 1; Ord. No. 903-88 § 1; Ord. No. 981-89 § 1; Ord. No. 1118-92 § 1; Ord. No. 1807-02 § II; amended 9-14-2021 by Ord. No. 2655-21]
From the effective date of this section until: (i) December
31, 2021; or (ii) upon the expiration of the Eligibility List issued
by the Civil Service Commission on October 17, 2018 under Title Code
01506, Symbol PM2646V whichever occurs later, the Fire Department
shall consist of a Director, a Chief, seven Deputy Chiefs, 26 Captains,
and such other Firefighters as have been hereto authorized or may
hereafter be authorized in the Municipal Budget.
Beginning on: (i) December 31, 2021; or (ii) the expiration
of the Eligibility List issued by the Civil Service Commission on
October 17, 2018 under Title Code 01506, Symbol PM2646V whichever
occurs later, the Fire Department shall consist of a Director, a Chief,
six Deputy Chiefs, 26 Captains, and such other Firefighters as have
been hereto authorized or may hereafter be authorized in the Municipal
Budget.
The decrease to the maximum number of Deputy Chiefs effected
by the subsection above shall not affect any individual who has already
achieved the rank of Deputy Chief when such decrease becomes operative.
One member of the West Orange Fire Department shall be designated,
pursuant to the applicable State Statutes and Administrative Regulations,
as the "Fire Official."
[1972 Code § 2-10.4; Ord. No. 644-82 § 1]
Pursuant to the authority granted to the Council by N.J.S.A.
40A:14-7 there are hereby promulgated and adopted the new Rules and
Regulations attached herein by reference governing the conduct of
all members of the Township Department of Fire.
[1972 Code § 2-10.5]
a.
The Chief shall have sole and entire command at fires and alarms
of fires over all members of the Department and apparatus and appurtenances
belonging to the same, and shall direct all measures he or she may
deem proper for the extinguishment of fires. The Chief shall report
to the Director suggestions and recommendations as he or she may deem
necessary, and any officers or members of the force who may be delinquent
in the performance of the duties assigned to them. The Chief shall
not absent himself from the State without the consent of the Director.
b.
The Chief shall see that the apparatus, the buildings, and all articles
in or belonging to the Department are kept neat and clean, and in
order for immediate use, shall preserve order and discipline at all
times in the force, and shall enforce a strict compliance with the
rules and regulations of the Department. The Chief shall keep or cause
to be kept an accurate record of the membership of the force, an account
of all property entrusted to his or her care (keeping a record of
what hose is used at each fire) and all absences from or omission
or neglect of duty on the part of the members of the force, in a book
provided for that purpose. The Chief shall submit a report of such
record to the Director at least once each month, or such other times
as the Director shall prescribe.
c.
The Chief shall have charge of the fire alarm system, keeping the
same at all times in thorough repair and ready for service.
d.
The Chief shall have such other powers and perform such other duties
as may be established by the Director and as may be conferred and
imposed from time to time by ordinance.
[1972 Code § 2-10.6; Ord. No. 870-87]
The Deputy Chiefs of the Fire Department, next to the Chief,
shall be the superior officers of the Department. They shall have
charge and command of such forces as the Director or Chief may designate.
Each Tour Deputy Chief on duty will be responsible for all decisions
pertaining to firefighting activities and tour operations.
[1972 Code § 2-10.7; Ord. No. 482-78 § 1]
At the discretion of the Director, any Firefighter or Captain
who shall be assigned to perform the duties of Captain or Deputy Chief,
respectively, shall be designated as Acting Captain or Acting Deputy
Chief during such times as he shall be responsible for and perform
the duties of Captain or Deputy Chief. Such Firefighters or Captains
shall receive the hourly rate of compensation paid to a Captain or
Deputy Chief based on the first increment above the maximum rate of
Firefighter or Captain.
[1972 Code § 2-10.7]
The work week of a fireman shall be 42 hours. Work schedules
shall be as prescribed by regulation.
[1972 Code § 2-10.9]
a.
No person shall drive any vehicle over any hose or any other fire
apparatus.
b.
No person shall willfully hinder or molest or attempt to do violence
to any Officer or Member of the Fire Department while in the performance
of his duty at a fire, or in going to or returning from a fire or
an alarm of fire, in charge of a fire engine or other apparatus.
[1972 Code § 2-10.12; Ord. No.
1315-95 § 2]
a.
Before any person shall be appointed as a member of the Fire Department,
the Appointing Authority shall classify all the duly qualified applicants
for the position or positions to be filled in the respective departments,
in the following classes:
I. Bona fide resident of the County of Essex.
II. Bona fide resident of counties contiguous to the County
of Essex.
III. Other residents of the State of New Jersey.
IV. All other qualified applicants.
b.
Within each classification, duly qualified applicants who are veterans
shall be accorded all such veterans' preferences as are provided by
law. Persons discharged from the service within six months prior to
making application to the Township who fulfill the requirements of
N.J.S.A. 40A:14-10.1 and who thereby are entitled to appointment notwithstanding
their failure to meet the New Jersey residency requirements at the
time of their initial application shall be placed in Class III.
c.
In making such appointments, the Appointing Authority shall first
appoint all those in Class I and those in each succeeding class in
the order above listed, and shall appoint a person or persons in any
such class only to a vacancy or vacancies remaining after all qualified
applicants in preceding class or classes have been appointed or have
declined an offer of appointment.
d.
The classes of qualified applicants defined in Subsection a above shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from the classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
e.
This section shall apply only to initial appointments and not to
the promotional appointments of persons already members of the Fire
Department.
[Ord. No. 1879-03]
a.
Membership. The West Orange Fire Department Volunteer Auxiliary shall
consist of no more than 21 members.
b.
Qualifications of Members.
1.
Each member shall be subject to a background check.
2.
Each member shall be certified to be in good health by a duly licensed
physician who shall certify in writing as to applicant's good health.
Said examination shall include satisfactory results of chest x-rays;
3.
Each member shall be a citizen of the United States and have attained
the age of 18 years;
4.
An applicant must be recommended by three references;
5.
An applicant must be approved through an interview process with the
Fire Director or his designee; and
6.
An applicant must reside in the County of Essex or a contiguous county.
c.
Organization. The members of the West Orange Fire Department Volunteer
Auxiliary shall be organized according to the Table of Organizations
set by the Fire Director and/or Chief of the Fire Department. The
members shall abide by all rules and regulations that shall be formulated
by those individuals. The Fire Director and/or Chief of the Fire Department
may discipline or dismiss any auxiliary member who fails to follow
the rules, regulations, or orders of the Fire Department command personnel
to which they are assigned.
d.
Training. The training of members of the West Orange Fire Department
Volunteer Auxiliary shall be the responsibility of the Director and/or
Chief of the Fire Department. The members will be trained to the level
of their assigned duties. The Fire Director and/or Chief shall determine
the assigned duties.
e.
Insurance. Members of the West Orange Fire Department Volunteer Auxiliary
shall be insured for the same coverage and in the same amounts as
members of the regular West Orange Fire Department with the exception
that auxiliary members shall not be entitled to life insurance.
[Ord. No. 2138-07 § II]
a.
The West Orange Fire Department shall provide emergency ambulance
transport service to various residents and nonresidents within West
Orange which shall be subject to the priority of demands of the West
Orange Fire Department Personnel.
b.
The Township of West Orange shall be entitled to receive payment
from the insurance providers for those transported by the West Orange
Fire Department. The Township of West Orange will receive a payment
in the amount authorized by the patients' medical provider. The Township
of West Orange shall not subject West Orange residents transported
by the West Orange Fire Department to balance billing. Nonresidents
shall be subject to balance billing as determined by the Township.
c.
The Township of West Orange shall not seek payment from a West Orange
resident transported by the West Orange Fire Department if he/she
does not have medical insurance coverage or if coverage is denied
by a final determination.
d.
The Business Administrator be and hereby is authorized to retain,
as provided by the New Jersey Statutes, a third party administrator
to handle the billing and collection of emergency ambulance transport
fees for the Township of West Orange.
e.
The third party administrator shall be entitled to receive a percentage
of the collections received by the Township of West Orange. The percentage
to be retained by the third party administrator shall be determined
by a separate resolution adopted by the Township Council for the Township
of West Orange.
[1972 Code § 2-11.1]
There shall be a Department of Health and Welfare, the head
of which shall be the Director. Prior to his or her appointment, the
Director shall have a bachelor's degree from a recognized college
or university and a minimum of at least four years' experience related
to the duties of this office, or an equivalent combination of training
and experience. The Director shall receive such compensation as shall
be provided by ordinance. The Department shall include a Division
of Health and a Division of Welfare.
[1972 Code § 2-11.2]
Within the Department of Health and Welfare there shall be a
Division of Health, the head of which shall be the Health Officer.
Prior to his appointment the Health Officer shall be duly qualified
and hold a license as a Health Officer under State Law. Under the
supervision of the Director, the Division shall:
a.
Have all of the functions, powers and duties of a local Board of
Health under Title 26 of the New Jersey Statutes, except that as required
by the Charter, the Council shall have and exercise all local legislative
powers under that title.
b.
Plan and administer a comprehensive public health program including,
without limitation thereto, environmental sanitation, communicable
disease control, child and adult health, and health education; and
provide by contract for laboratory services and other services as
may be authorized by the Charter or ordinance.
c.
Administer and enforce the local health ordinances, and the licensing
of dogs pursuant to law.
d.
Maintain and administer a Bureau of Vital Statistics, including births,
deaths and marriages in accordance with State Law, and receive applications
for and issue marriage licenses pursuant to law.
e.
Supervise and protect the public interest in the performance of Township
contracts for garbage and refuse collection and disposal.
f.
Supervise and protect the public welfare in the use and sale of limited
phosphorus detergents and pre-soak enzymes.
[1972 Code § 2-11.3]
The Mayor shall constitute and appoint a Citizen's Health Advisory
Council. The Council shall meet at the call of the Township Health
Officer and shall advise and consult him as required with respect
to public health problems of the Township.
[1972 Code § 2-11.4]
Within the Department of Health and Welfare there shall be a
Division of Welfare, the head of which shall be the Local Assistance
Board appointed pursuant to law. Under the supervision of the Board,
the Director of Health and Welfare shall:
a.
Administer laws and ordinances relating to relief of the needy, including
the furnishing of all forms of public assistance to needy persons
who are eligible for assistance provided by law through County and
State agencies.
b.
Provide or arrange for shelter and custodial care to dependent and
homeless men and women.
c.
Enter into and perform cooperative agreements with voluntary charitable
organizations and services to effectuate its other functions under
this section.
d.
Provide related social services such as domestic relations counseling,
investigation of paternity cases, indigent burials and other public
welfare activities.
e.
Cooperate with other public agencies and institutions and with voluntary
institutions in the certification of medically indigent patients for
care and treatment.
[1972 Code § 2-12.1; Ord. No. 888-87 § 1; Ord. No. 2307-11 § II; Ord. No. 2426-14]
a.
There shall be a Department of Recreation and Cultural Affairs, the
head of which shall be the Director. Prior to his/her appointment,
the Director shall have a bachelor's degree from a recognized college
or university, with specialized training in recreation or a related
field, and at least four years of experience in public recreation
administration. The requirement of a bachelor's degree may be waived
if a candidate for the position of Director has at least 15 years
experience and training in the field of public recreation.
b.
At any time wherein the position of Director of Recreation and Cultural
Affairs is vacant the duties of the Director of Recreation and Cultural
Affairs, in part or in total, may be performed by a Deputy Department
Head of Recreation. He/she shall receive such compensation as may
be fixed by ordinance.
Any references within this section to a Recreation Director
shall mean the Director of Recreation and Cultural Affairs or a Deputy
Department Head of Recreation as the Director of Recreation and Cultural
Affairs.
[1972 Code § 2-12.2; Ord. No. 888-87 § 2; Ord. No. 2426-14]
The Director of Recreation shall be a bona fide resident of
the Township. A bona fide resident, for the purpose of this section,
is a person having a permanent domicile within the Township and one
which has not been adopted with the intention of again taking up or
claiming a previous residence outside the Township limits. The Director
need not be a full time resident at the time of appointment but shall
establish bona fide residence in the Township within one year of appointment
or be dismissed from office.
[1972 Code § 2-12.3; Ord. No. 2426-14]
The Mayor shall appoint a Citizen's Advisory Committee on Recreation
to advise and consult with the Superintendent. With the aid and assistance
of the Committee, the Director shall plan and develop recreational
facilities; promote and direct an all year program of cultural and
leisure time activities for children, youth and adults; provide for
the optimum coordination and development of public and private recreational
facilities and programs.
[1972 Code § 2-12.4; Ord. No. 363-75 § 1; Ord. No. 390-76 § 1; Ord. No. 478-78, A1; Ord. No. 2426-14]
The Department of Recreation and Cultural Affairs shall:
a.
Administer and operate parks, playgrounds and playfields and facilities
for indoor and outdoor sports, athletic and recreational programs
and activities for children and adults.
b.
Sponsor and administer cultural and recreational programs and activities
in cooperation with other public and private agencies and organizations,
and provide specialized programs for the aged, the handicapped and
other special purposes.
c.
Employ and instruct the Department of Public Works with respect to
the maintenance and repair of public buildings and grounds used, controlled
or managed for recreational purposes by the Division.
[1972 Code § 2-12.5; Ord. No. 1722-00 § 1; Ord. No. 2426-14]
The following acts are expressly prohibited and/or regulated by the Recreation Department and shall require enforcement under Chapter 4. The following such acts are prohibited and/or regulated:
a.
Other than in regulated parking areas, no vehicle shall be allowed
within any park owned by the Township or under its jurisdiction at
any time except for emergency vehicles or others with written permission
from the Recreation Director.
b.
It shall be strictly prohibited for one to start or maintain a fire
of any kind or to use barbecue equipment of any kind in any park owned
by the Township or under its jurisdiction or on other Township owned
or maintained property.
c.
It shall be strictly prohibited for one to operate a powered flight
model in any park owned by the Township or under its jurisdiction
or on other Township owned or maintained property.
d.
It shall be unlawful for a person to enter into any park owned by
the Township or under its jurisdiction or on other Township owned
or maintained property and post bills of any sort without the express
permission of the Recreation Director.
e.
A permit shall be required for organized group/team practices, games
and/or activities. All permits are issued through the Recreation Department.
This shall include all recreational facilities and open space located
within the parks and playgrounds deemed to be under the jurisdiction
of the Recreation Department. The Recreation Department shall establish
reasonable guidelines, policies, and prohibitions for the issuance
of said permits.
f.
The use of all recreational facilities under the jurisdiction of
the Recreation Department for financial gain by businesses, organizations,
and individuals shall be prohibited without the written permission
of the Recreation Department.
g.
Scholastic games and practices shall have priority over all other
users including those who may have previously occupied the park area.
h.
Bike riding, roller blading, skateboarding and the use of any and
all riding devices utilizing wheels or rollers are prohibited on all
hard court surfaces within any Recreation facility.
i.
People are prohibited from wearing hard sole shoes on the tennis
courts within any Township park. Additionally, the use of metal spiked
or cleated footwear is prohibited on all artificial or synthetic surfaces.
j.
There shall be one hour time limit for the use of the tennis courts
when other players are waiting to use the tennis courts.
k.
The Recreation Department may charge and collect in advance a reasonable
fee for admission to or use of facilities, programs, or activities
as specifically authorized by Resolution of Council.
l.
Golfing activities are prohibited in all Recreation Department facilities.
m.
Abusive language and actions are prohibited in all Recreation Department
facilities.
n.
The possession, use, and/or consumption of alcohol is prohibited
in all Recreation Department facilities without the written permission
of the Recreation Director.
o.
Smoking of cigarettes, including electronic cigarettes, use of tobacco
products, or the smoking or consumption of cannabis products within
public parks, playgrounds and ball fields under the jurisdiction of
the Recreation Department is prohibited.
[Amended 1-4-2022 by Ord. No. 2670-21]
p.
Excessive noise is prohibited at all times.
q.
All dogs must be leashed within the confines of all Recreation Department
facilities. Furthermore, dogs shall be prohibited from being inside
the confines of a Kiddie Park, as defined herein.
r.
No littering or dumping is permitted. Dumpsters located within all
Recreation Department facilities are restricted to municipal use only.
s.
All activities that endanger the health, safety or welfare of others,
or that breach the public peace, are prohibited at all times.
[1972 Code § 2-12.6; Ord. No. 313-74, S 1; Res. 2416-76; New; Ord. No. 1722-00 § 2; Ord. No. 2426-14]
a.
The following public parks of the Township, and the parking areas
located within or adjacent thereto, shall be closed to the public
and for parking of any vehicles between the hours of 10:00 p.m. and
6:00 a.m. prevailing time unless otherwise posted.
1.
Byrne Memorial Park;
2.
Colgate Field;
3.
Degnan Memorial Field;
4.
Stagg Field;
5.
Lafayette Playground;
6.
William E. Boland Park;
7.
O'Connor Park;
8.
Jenkins Playground;
9.
Rolling Green Tennis Courts;
10.
Minish Park;
11.
Gilbert Place;
12.
Club Boulevard Playground;
13.
Ridgeway Avenue Park.
Any and all future parks under the jurisdiction of the Municipal
government of the Township of West Orange.
b.
It shall be unlawful for any person to enter in or upon, occupy,
be present in or park any vehicle, or suffer or permit to be parked
any vehicle in the aforesaid public parks, or parking areas located
in or adjacent thereto, between the hours of 10:00 p.m. and 6:00 a.m.,
prevailing time, and it shall be unlawful for any person or persons
to at any time remove, damage, mutilate, deface or destroy any barricade,
chain, notice, sign or other object used to block the entrance to
the aforesaid public parks or parking areas, or indicating that the
parks or parking areas are closed.
c.
Nothing herein contained shall be deemed or construed to apply to:
1.
Personnel of the Township engaged in or conducting Township business
in any public park or parking area.
2.
Any group or organization holding a permit to conduct an activity
in such park or parking area for a period specifically prohibited.
3.
Any person found in a park or parking area by reason of an unusual
or unforeseen emergency.
d.
There are areas within each park listed in Subsection 2-17.6a, except for Rolling Green Tennis Courts, that contain playground apparatus. These areas are considered "Kiddie Parks." "Kiddie Parks" are to be used by children under the age of 12 years old and under the supervision of an adult.
e.
It shall be unlawful for any person, regardless of age, to enter
in or upon, occupy, be present in or park any vehicle, or suffer or
permit to be parked any vehicle in any of the "Kiddie Parks," or the
parking area located in or adjacent thereto, after 10:00 p.m.
[Ord. No. 1527-98; Ord. No. 2426-14]
a.
Township owned playgrounds, fields and other recreation facilities
shall only be utilized by bona fide residents of West Orange.
b.
The Department of Recreation shall promulgate rules and regulations
designed to carry out the intent and purpose of this subsection.
c.
The provisions of this subsection shall not apply to any recreation
facility wholly or partially constructed or improved with New Jersey
Green Acres trust funds.
[Ord. No. 2148-07 § II; Ord. No. 2219-09 § II; Ord. No. 2426-14]
Each and every time a West Orange resident completes a registration
form for participation in a Township of West Orange Recreation Program,
the resident must provide documents to demonstrate (i) Parent/guardian
proof of identity and residency (ii) Child's proof of identity and
school enrollment status.
a.
Proof of parent/guardian identity and residency by providing one
of the following documents:
c.
Proof of Custodial Situations. Legal and binding court documents
and/or a correspondence or document signed by an attorney-at-law attesting
to the custodial situation shall constitute sufficient proof of the
custodial situation.
[Ord. No. 2426-14]
