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Borough of Ship Bottom, NJ
Ocean County
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Table of Contents
Table of Contents
[Prior code § 2-2; amended by Ord. 91-3 § 2, 1991]
A. 
Elected Officers.
1. 
The mayor shall be elected by the voters of the municipality at large and serve for a term of four years, and until his or her successor shall have qualified.
2. 
The council shall consist of six members, elected at large, and shall serve for a term of three years and until their successors shall have qualified. Their terms shall be arranged, by lot if necessary, so the terms of two councilmembers shall expire at the end of each year.
3. 
There shall be an annual election for Borough officers at the time provided by law for holding general elections.
4. 
The term of office of the mayor and of the councilmembers shall commence on January 1st next following their election.
B. 
Vacancies. Whenever a vacancy occurs as provided in N.J.S.A. 40A:16-3 in the office of mayor or in the membership of the governing body, such vacancy shall or may, as the case may be, be filled in accordance with and in the manner prescribed by the Municipal Vacancy Law N.J.S.A. 40A:16-1 et seq.
[Prior code § 2-3; amended by Ord. 91-3 § 3, 1991]
A. 
The mayor and Borough council shall hold an annual organization meeting during the first seven days of January of each year, as required by N.J.S.A. 40A:60-3, on a date and time to be set by resolution, at or after the previous annual organization meeting.
B. 
At the annual meeting the council shall, by the vote of a majority of its number, elect a president of the council, who shall preside at all 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, and shall have the right to debate and vote on all questions before council.
If the council fails to elect a president at the annual meeting, the mayor shall appoint the president from the council and, in that case, no confirmation by the council shall be necessary.
C. 
The president of the council shall perform all the duties of the mayor during any period in which the mayor is absent from the Borough for three days or more, or is unable to perform the duties of his or her office. Where such absence is intended, the president of the council shall become the acting mayor until the mayor's return. If the president of council is unable to perform the duties of the acting mayor, then the member of council with the longest term of service may act temporarily for the president of the council.
D. 
Three councilmembers and the mayor or, in absence of the mayor, four councilmembers, shall constitute a quorum for transacting business.
E. 
The council may, at its annual meeting, establish for its members such committees of the council as will assist it for the ensuing year.
F. 
The council shall hold such other meetings at such time and place as it may by resolution direct, but all regular meetings shall be held within the Borough.
G. 
The mayor shall, when necessary, call special meetings of the council. In case of the mayor's 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, notice shall be given to all the members of the council and the mayor, or left at their places of residence.
[Prior code § 2-4; amended by Ord. 91-3 § 4, 1991]
The mayor shall have all the powers and duties provided by N.J.S.A. 40:60-5 and by general law, including:
A. 
The mayor shall be the head of the municipal government.
B. 
The mayor shall have all those powers designated by general law.
C. 
The mayor shall preside at meetings of the council and may vote to break a tie.
D. 
Every ordinance adopted by the council shall, within five days after its passage, Sundays excepted, be presented to the mayor by the Borough clerk. The mayor shall, within 10 days after receiving the ordinance, Sundays excepted, either approve the ordinance by affixing his or her signature thereto, or return it to the council by delivering it to the clerk together with a statement setting forth his or her objections thereto, or any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return the ordinance to the council, as prescribed above, or unless the council, upon consideration of the ordinance following its return, shall, by a vote of two-thirds of all the members of council, resolve to override the veto.
E. 
No ordinance shall be passed, or appointment of any subordinate officer of the Borough be confirmed, except by a vote of a majority of the members of the council present at the meeting, provided at least three affirmative votes shall be required for such purpose, the mayor voting only in the case of a tie.
F. 
If any ordinance contains more than one distinct section, clause or item, the mayor may approve one or more thereof and veto the rest.
G. 
The mayor shall nominate and, with the advice and consent of council, appoint all subordinate officers of the Borough, unless the specific terms of the general law clearly require a different appointment procedure. The mayor shall make his or her nomination to any such office within 30 days of that office becoming vacant.
H. 
The mayor shall see that the laws of the state and the ordinances of the Borough are faithfully executed. The mayor shall recommend to the council such members as he or she may deem necessary or expedient for the welfare of the Borough. The mayor shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.
[Prior code § 2-5; amended by Ord. 91-3 § 5, 1991]
Council shall have all of the powers and duties as set forth in N.J.S.A. 40A:60-6 and as provided by general law, including:
A. 
The council shall be the legislative body of the municipality.
B. 
The council may, subject to general law and the provisions of N.J.S.A. 40A:60-1 et seq.:
1. 
Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;
2. 
Control and regulate the finances of the municipality and raise money by borrowing or taxation;
3. 
Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the council. Other than the Borough attorney, engineer, building inspector and zoning officer, these officers shall be residents of the Borough and shall serve at the pleasure of the council, except the clerk, who also shall be exempt from the Borough residency requirement, the tax collector and tax assessor who shall serve for terms as provided by statutory law. The council may exempt other officers from the residency requirements, but only pursuant to the adoption of an ordinance to that effect;
4. 
Investigate any activity of the municipality;
5. 
Remove any officer of the municipality, other than those officers excepted by law, for cause; and
6. 
Override a veto of the mayor by a two-thirds majority of all the members of the council.
C. 
The council shall have all the executive responsibilities of the municipality not placed by general law or this chapter, in the office of the mayor.
D. 
The council, whenever it fails to confirm the nomination by the mayor of any official to a subordinate office of the Borough within 30 days of being presented such nomination, or in the event the mayor fails to present such nomination, shall make the appointment to that office, provided 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.