Borough of East Newark, NJ Administration

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Borough of East Newark, NJ

Hudson County

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Table of Contents

Table of Contents

Adopting Ordinance
Ch AO Adopting Ordinance
Municipal Code
Ch 1 General Provisions
Ch 2 Administration
Ch 2 Art I Mayor and Borough Council
§ 2-1 THE GOVERNING BODY.
§ 2-1.1 Organization of the Governing Body.
§ 2-1.2 Rules of Council.
§ 2-1.3 Vacancies.
§ 2-1.4 Qualifications.
§ 2-2 MEETINGS.
§ 2-2.1 Organization of the Council; Meetings.
§ 2-2.2 Meetings Open to the Public.
§ 2-3 POWERS AND DUTIES OF THE MAYOR.
§ 2-4 POWERS OF THE COUNCIL.
§ 2-4.1 Statutory Powers of the Council.
§ 2-4.2 Ordinances and Resolutions.
§ 2-5 COMPENSATION OF MAYOR AND BOROUGH COUNCIL.
§ 2-6 PRESIDENT OF THE COUNCIL.
Ch 2 Art II Offices Created
§ 2-7 BOROUGH ADMINISTRATOR
§ 2-7.1 Position Created.
§ 2-7.2 Appointment and Term of Office.
§ 2-7.3 Removal from Office.
§ 2-7.4 Assistant Borough Administrator/Acting Borough Administrator.
§ 2-7.5 Compensation.
§ 2-7.6 Qualifications; Residency.
§ 2-7.7 Powers and Duties.
§ 2-7.8 Outside Employment and Activities.
§ 2-8 MUNICIPAL CLERK.
§ 2-8.1 Appointment; Term.
§ 2-8.2 Qualifications.
§ 2-8.3 Compensation.
§ 2-8.4 Powers and Duties.
§ 2-8.5 (Reserved)
§ 2-8.6 Deputy Municipal Clerk.
§ 2-9 FINANCE OFFICES.
§ 2-9.1 Chief Financial Officer.
§ 2-9.2 Office of Borough Treasurer; Duties Established.
§ 2-9.3 Qualified Purchasing Agent.
§ 2-10 TAX COLLECTOR.
§ 2-10.1 Tax Collector; Appointment.
§ 2-10.2 Qualifications.
§ 2-10.3 Term of Office.
§ 2-10.4 Compensation.
§ 2-11 TAX ASSESSOR.
§ 2-11.1 Tax Assessor; Appointment.
§ 2-11.2 Qualifications and Duties.
§ 2-11.3 Compensation.
§ 2-11.4 Term of Office.
§ 2-12 BOROUGH ATTORNEY.
§ 2-12.1 Appointment.
§ 2-12.2 Qualifications and Duties.
§ 2-12.3 Compensation.
§ 2-13 BOROUGH PROSECUTOR.
§ 2-13.1 Appointment.
§ 2-13.2 Qualifications and Duties.
§ 2-13.3 Compensation.
§ 2-14 PUBLIC DEFENDER.
§ 2-15 BOROUGH ENGINEER.
§ 2-15.1 Appointment.
§ 2-15.2 Qualifications and Duties.
§ 2-15.3 Compensation.
§ 2-16 OFFICE OF EMERGENCY MANAGEMENT.
§ 2-16.1 Creation; Director.
§ 2-17 through § 2-18. (RESERVED)
Ch 2 Art III Departments of the Local Government
§ 2-19 POLICE DEPARTMENT.
§ 2-19.1 Department Organization.
§ 2-19.2 Establishment of Police Department Rules and Regulations.
§ 2-19.3 Definitions.
§ 2-19.4 General Duties and Responsibilities.
§ 2-19.5 Rules of Conduct.
§ 2-19.6 Personnel Regulations.
§ 2-19.7 Discipline.
§ 2-19.8 Disciplinary Code.
§ 2-19.9 Grievance Procedure(s).
§ 2-19.10 Relationship to Collective Negotiations Agreements.
§ 2-20 DEPARTMENT OF WATER, SEWER AND ENVIRONMENTAL PROTECTION.
§ 2-20.1 Water Compliance Officer and Sewer Compliance Officer.
§ 2-21 FIRE DEPARTMENT.
§ 2-21.1 General Organization.
§ 2-21.2 Fire Chief Has Absolute Control.
§ 2-21.3 Number of Members Permitted; Requirements.
§ 2-21.4 Captain and Lieutenant Elected Annually; Subject to Approval.
§ 2-21.5 Captain's Duties; Report to Chief and Deputy Chief.
§ 2-21.6 Lieutenant's Duties; Report to Captain.
§ 2-21.7 Records of Department; Delivery to Successor.
§ 2-21.8 Report Repairs to Fire Chief or Deputy Chief.
§ 2-21.9 Persons Not Allowed on Fire Department Premises; Exceptions.
§ 2-21.10 Badges and Keys.
§ 2-21.11 Fire Department Vehicles on Sidewalks Must Have Fire Chief's Permission.
§ 2-21.12 Unauthorized Persons May Not Move Fire Department Equipment.
§ 2-21.13 Purchase of Supplies.
§ 2-21.14 Penalties for False Alarms.
§ 2-21.15 Length of Service.
§ 2-21.16 Suspension or Dismissal Due to Misconduct or Dereliction of Duty.
§ 2-21.17 (Reserved)
§ 2-21.18 Fire Marshals.
§ 2-21.19 Permission Required for Removal of Equipment from the Borough.
§ 2-21.20 Fire Department Clothing Allowance.
§ 2-21.21 Adoption of Bylaws by Companies; Adoption of Department Rules and Regulations.
§ 2-21.22 Forfeiture of Rights.
§ 2-21.23 Leaves of Absence; Transfers; Reapplication After Resignation or Removal.
§ 2-21.24 Mandatory Performance of Assigned Duties.
§ 2-21.25 Suspension or Disbanding of Companies.
§ 2-21.26 Fundraising; Public or Donated Money; Audits; Reports.
§ 2-21.27 Political Activities.
§ 2-21.28 Firefighter Moving from the Borough.
§ 2-22 through § 2-27. (RESERVED)
Ch 2 Art IV Municipal Court
§ 2-28 MUNICIPAL COURT OF THE BOROUGH OF EAST NEWARK.
§ 2-28.1 Court Established.
§ 2-28.2 Judge of the Municipal Court.
§ 2-28.3 Territorial Jurisdiction.
§ 2-28.4 Functions, Powers, Duties and Jurisdiction.
§ 2-28.5 Regular Court Sessions.
§ 2-28.6 Judge May Designate Temporary Replacement.
§ 2-28.7 Municipal Court Administrator and Personnel.
§ 2-28.8 Deputy Municipal Court Administrator.
Ch 2 Art V Boards, Committees and Commissions
§ 2-29 BOARD OF HEALTH.
§ 2-29.1 Board of Health Established.
§ 2-29.2 Number of Members; Term of Service.
§ 2-29.3 Rules and Regulations.
§ 2-29.4 Other Appointees.
§ 2-29.5 Expenditures.
§ 2-30 INTER-COUNTY COUNCIL ON DRUG AND ALCOHOL ABUSE FOR ALCOHOL CONTROL SERVICES.
§ 2-30.1 Mayor to Execute Agreement.
§ 2-30.2 Copies Available for Public Inspection.
§ 2-31 BOARD OF EDUCATION OF EAST NEWARK.
§ 2-31.1 Governing Provisions.
§ 2-31.2 Board of Education.
§ 2-31.3 Composition of Board.
§ 2-31.4 Appointment.
§ 2-32 through § 2-40. (RESERVED)
Ch 2 Art VI Administrative Policies and Procedures
§ 2-41 (RESERVED)
§ 2-42 PURCHASING PROCEDURES.
§ 2-43 PAYMENT OF TAXES AND ASSESSMENTS REQUIRED PRIOR TO ISSUANCE OF LICENSES, PERMITS OR CERTIFICATES OF OCCUPANCY.
§ 2-43.1 Preamble.
§ 2-43.2 Precondition to the Issuance or Renewal of Any License or Permit.
§ 2-43.3 Revocation of Licenses or Permits if Taxes or Assessments Are Unpaid.
§ 2-43.4 Restoration of Licenses or Permits.
§ 2-43.5 Nonapplicable to Alcoholic Beverage Licenses.
§ 2-44 CRIMINAL HISTORY BACKGROUND CHECKS.
§ 2-44.1 Definitions.
§ 2-44.2 Request for Criminal History Record Background Checks; Costs.
§ 2-44.3 Conditions Under Which a Person Is Disqualified from Service.
§ 2-44.4 Limitations on Access and Use of Criminal History Record Information.
§ 2-44.5 Challenge of Accuracy of Report.
§ 2-44.6 Penalty.
§ 2-45 AWARDING OF CONTRACTS — LIMITATIONS ON POLITICAL CONTRIBUTIONS.
§ 2-45.1 Findings.
§ 2-45.2 Definitions.
§ 2-45.3 Prohibition on Awarding Public Contracts to Certain Contributors.
§ 2-45.4 Contributions Made Prior to the Effective Date.
§ 2-45.5 Contract Renewal.
§ 2-45.6 Contribution Statement by Business Entity.
§ 2-45.7 Return of Excess Contributions.
§ 2-45.8 Exemptions.
§ 2-45.9 Penalty.
§ 2-45.10 Citizens Private Right of Action.
§ 2-45.11 Severability.
§ 2-45.12 Indexing.
§ 2-46 MANDATORY ATTENDANCE POLICY.
§ 2-46.1 Statement of Policy.
§ 2-46.2 Unexcused Absences.
§ 2-46.3 Refusal to Excuse.
§ 2-46.4 Member of the Borough Council.
§ 2-47 DIRECT DEPOSIT FOR MUNICIPAL EMPLOYEES.
§ 2-48 through § 2-49. (RESERVED)
Ch 2 Art VII Administrative Fees
§ 2-50 FEES CHARGED FOR MUNICIPAL SERVICES.
§ 2-50.1 All Borough Offices.
§ 2-50.2 Fees Charged by the Borough Clerk's Office.
§ 2-50.3 Fees Charged by the Police Department.
§ 2-50.4 Fees Charged for Marriage and Civil Union Ceremonies.
§ 2-50.5 Vital Statistic Fees.
Ch 3 Police Regulations
Ch 4 Licensing and Business Regulations
Ch 5 Animal Control
Ch 6 Alcoholic Beverage Control
Ch 7 Traffic
Ch 8 Noise Regulations
Ch 9 Cannabis Transfer Tax and User Tax
Ch 10 (Reserved)
Ch 11 Personnel Policies
Ch 12 Personnel
Ch 13 (Reserved)
Ch 14 Building and Housing
Ch 15 Housing Standards
Ch 16 Certificate of Continued Occupancy
Ch 17 Fire Prevention and Fire Protection
Ch 18 Property Maintenance
Ch 19 (Reserved)
Ch 20 Streets and Sidewalks
Ch 21 Sewer and Water
Ch 22 Protection of Trees
Ch 23 Solid Waste Management
Ch 24 Cable Television
Ch 25 Wireless Telecommunications Equipment
Ch 26 Flood Damage Prevention
Ch 27 Parks and Playgrounds
Ch 28 Signs
Ch 29 (Reserved)
Ch 30 Land Use Procedures
Ch 31 Subdivision of Land and Site Plan Review
Ch 32 (Reserved)
Ch 33 Zoning
Ch 34 (Reserved)
Ch 35 Redevelopment Plan
Ch 36 Miscellaneous Regulations
Disposition List
Ch DL Disposition List

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Chapter 2 Administration

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New Laws

Title	Adopted	Subject	Affects
Ord. No. 01-2023	2023-03-08	Administration Amendment	Ch 2
Ord. No. 09-2022	2022-11-10	Administration Amendment	Ch 2
Ord. No. 16-2021	2021-10-12	Administration Amendment	Ch 2
Ord. No. 18-2021	2021-11-10	Administration Amendment	Ch 2
Ord. No. 19-2021	2021-12-08	Administration Amendment	Ch 2

The Borough of East Newark is governed under the Borough form of government outlined in Chapter 60 of Title 40A of the New Jersey Statutes Annotated. The administrative chapter has been drafted in conformity with the Borough law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are N.J.S.A. 2B:12-1, et seq., Municipal Court; N.J.S.A. 40:55D-69, Zoning Board of Adjustment; N.J.S.A. 40:55D-23, Planning Board; N.J.S.A. 26:3-1, Board of Health; and N.J.S.A. 40A:14-118, Police Department and N.J.S.A. 40A:14-7, Fire Department. General Authority to regulate the internal affairs of the Borough derives from N.J.S.A. 40A:60-4.

For Statutes requiring the taking of oaths of office and requiring bond of certain officers and employees, see Local Fiscal Affairs Law, N.J.S.A. 40A:5-33 et seq.

For salary grades and ranges, wages, compensation and fees of all officers and employees of the Borough, see the Salary Ordinances and resolutions of the Borough. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.

Article I Mayor and Borough Council

§ 2-1 THE GOVERNING BODY.

§ 2-1.1 Organization of the Governing Body.

§ 2-1.2 Rules of Council.

§ 2-1.3 Vacancies.

§ 2-1.4 Qualifications.

§ 2-2 MEETINGS.

§ 2-2.1 Organization of the Council; Meetings.

§ 2-2.2 Meetings Open to the Public.

§ 2-3 POWERS AND DUTIES OF THE MAYOR.

§ 2-4 POWERS OF THE COUNCIL.

§ 2-4.1 Statutory Powers of the Council.

§ 2-4.2 Ordinances and Resolutions.

§ 2-5 COMPENSATION OF MAYOR AND BOROUGH COUNCIL.

§ 2-6 PRESIDENT OF THE COUNCIL.

Article II Offices Created

§ 2-7 BOROUGH ADMINISTRATOR

§ 2-7.1 Position Created.

§ 2-7.2 Appointment and Term of Office.

§ 2-7.3 Removal from Office.

§ 2-7.4 Assistant Borough Administrator/Acting Borough Administrator.

§ 2-7.5 Compensation.

§ 2-7.6 Qualifications; Residency.

§ 2-7.7 Powers and Duties.

§ 2-7.8 Outside Employment and Activities.

§ 2-8 MUNICIPAL CLERK.

§ 2-8.1 Appointment; Term.

§ 2-8.2 Qualifications.

§ 2-8.3 Compensation.

§ 2-8.4 Powers and Duties.

§ 2-8.5 (Reserved)

§ 2-8.6 Deputy Municipal Clerk.

§ 2-9 FINANCE OFFICES.

§ 2-9.1 Chief Financial Officer.

§ 2-9.2 Office of Borough Treasurer; Duties Established.

§ 2-9.3 Qualified Purchasing Agent.

§ 2-10 TAX COLLECTOR.

§ 2-10.1 Tax Collector; Appointment.

§ 2-10.2 Qualifications.

§ 2-10.3 Term of Office.

§ 2-10.4 Compensation.

§ 2-11 TAX ASSESSOR.

§ 2-11.1 Tax Assessor; Appointment.

§ 2-11.2 Qualifications and Duties.

§ 2-11.3 Compensation.

§ 2-11.4 Term of Office.

§ 2-12 BOROUGH ATTORNEY.

§ 2-12.1 Appointment.

§ 2-12.2 Qualifications and Duties.

§ 2-12.3 Compensation.

§ 2-13 BOROUGH PROSECUTOR.

§ 2-13.1 Appointment.

§ 2-13.2 Qualifications and Duties.

§ 2-13.3 Compensation.

§ 2-14 PUBLIC DEFENDER.

§ 2-15 BOROUGH ENGINEER.

§ 2-15.1 Appointment.

§ 2-15.2 Qualifications and Duties.

§ 2-15.3 Compensation.

§ 2-16 OFFICE OF EMERGENCY MANAGEMENT.

§ 2-16.1 Creation; Director.

§ 2-17 through § 2-18. (RESERVED)

Article III Departments of the Local Government

§ 2-19 POLICE DEPARTMENT.

§ 2-19.1 Department Organization.

§ 2-19.2 Establishment of Police Department Rules and Regulations.

§ 2-19.3 Definitions.

§ 2-19.4 General Duties and Responsibilities.

§ 2-19.5 Rules of Conduct.

§ 2-19.6 Personnel Regulations.

§ 2-19.7 Discipline.

§ 2-19.8 Disciplinary Code.

§ 2-19.9 Grievance Procedure(s).

§ 2-19.10 Relationship to Collective Negotiations Agreements.

§ 2-20 DEPARTMENT OF WATER, SEWER AND ENVIRONMENTAL PROTECTION.

§ 2-20.1 Water Compliance Officer and Sewer Compliance Officer.

§ 2-21 FIRE DEPARTMENT.

§ 2-21.1 General Organization.

§ 2-21.2 Fire Chief Has Absolute Control.

§ 2-21.3 Number of Members Permitted; Requirements.

§ 2-21.4 Captain and Lieutenant Elected Annually; Subject to Approval.

§ 2-21.5 Captain's Duties; Report to Chief and Deputy Chief.

§ 2-21.6 Lieutenant's Duties; Report to Captain.

§ 2-21.7 Records of Department; Delivery to Successor.

§ 2-21.8 Report Repairs to Fire Chief or Deputy Chief.

§ 2-21.9 Persons Not Allowed on Fire Department Premises; Exceptions.

§ 2-21.10 Badges and Keys.

§ 2-21.11 Fire Department Vehicles on Sidewalks Must Have Fire Chief's Permission.

§ 2-21.12 Unauthorized Persons May Not Move Fire Department Equipment.

§ 2-21.13 Purchase of Supplies.

§ 2-21.14 Penalties for False Alarms.

§ 2-21.15 Length of Service.

§ 2-21.16 Suspension or Dismissal Due to Misconduct or Dereliction of Duty.

§ 2-21.17 (Reserved)

§ 2-21.18 Fire Marshals.

§ 2-21.19 Permission Required for Removal of Equipment from the Borough.

§ 2-21.20 Fire Department Clothing Allowance.

§ 2-21.21 Adoption of Bylaws by Companies; Adoption of Department Rules and Regulations.

§ 2-21.22 Forfeiture of Rights.

§ 2-21.23 Leaves of Absence; Transfers; Reapplication After Resignation or Removal.

§ 2-21.24 Mandatory Performance of Assigned Duties.

§ 2-21.25 Suspension or Disbanding of Companies.

§ 2-21.26 Fundraising; Public or Donated Money; Audits; Reports.

§ 2-21.27 Political Activities.

§ 2-21.28 Firefighter Moving from the Borough.

§ 2-22 through § 2-27. (RESERVED)

Article IV Municipal Court

§ 2-28 MUNICIPAL COURT OF THE BOROUGH OF EAST NEWARK.

§ 2-28.1 Court Established.

§ 2-28.2 Judge of the Municipal Court.

§ 2-28.3 Territorial Jurisdiction.

§ 2-28.4 Functions, Powers, Duties and Jurisdiction.

§ 2-28.5 Regular Court Sessions.

§ 2-28.6 Judge May Designate Temporary Replacement.

§ 2-28.7 Municipal Court Administrator and Personnel.

§ 2-28.8 Deputy Municipal Court Administrator.

Article V Boards, Committees and Commissions

§ 2-29 BOARD OF HEALTH.

§ 2-29.1 Board of Health Established.

§ 2-29.2 Number of Members; Term of Service.

§ 2-29.3 Rules and Regulations.

§ 2-29.4 Other Appointees.

§ 2-29.5 Expenditures.

§ 2-30 INTER-COUNTY COUNCIL ON DRUG AND ALCOHOL ABUSE FOR ALCOHOL CONTROL SERVICES.

§ 2-30.1 Mayor to Execute Agreement.

§ 2-30.2 Copies Available for Public Inspection.

§ 2-31 BOARD OF EDUCATION OF EAST NEWARK.

§ 2-31.1 Governing Provisions.

§ 2-31.2 Board of Education.

§ 2-31.3 Composition of Board.

§ 2-31.4 Appointment.

§ 2-32 through § 2-40. (RESERVED)

Article VI Administrative Policies and Procedures

§ 2-41 (RESERVED)

§ 2-42 PURCHASING PROCEDURES.

§ 2-43 PAYMENT OF TAXES AND ASSESSMENTS REQUIRED PRIOR TO ISSUANCE OF LICENSES, PERMITS OR CERTIFICATES OF OCCUPANCY.

§ 2-43.1 Preamble.

§ 2-43.2 Precondition to the Issuance or Renewal of Any License or Permit.

§ 2-43.3 Revocation of Licenses or Permits if Taxes or Assessments Are Unpaid.

§ 2-43.4 Restoration of Licenses or Permits.

§ 2-43.5 Nonapplicable to Alcoholic Beverage Licenses.

§ 2-44 CRIMINAL HISTORY BACKGROUND CHECKS.

§ 2-44.1 Definitions.

§ 2-44.2 Request for Criminal History Record Background Checks; Costs.

§ 2-44.3 Conditions Under Which a Person Is Disqualified from Service.

§ 2-44.4 Limitations on Access and Use of Criminal History Record Information.

§ 2-44.5 Challenge of Accuracy of Report.

§ 2-44.6 Penalty.

§ 2-45 AWARDING OF CONTRACTS — LIMITATIONS ON POLITICAL CONTRIBUTIONS.

§ 2-45.1 Findings.

§ 2-45.2 Definitions.

§ 2-45.3 Prohibition on Awarding Public Contracts to Certain Contributors.

§ 2-45.4 Contributions Made Prior to the Effective Date.

§ 2-45.5 Contract Renewal.

§ 2-45.6 Contribution Statement by Business Entity.

§ 2-45.7 Return of Excess Contributions.

§ 2-45.8 Exemptions.

§ 2-45.9 Penalty.

§ 2-45.10 Citizens Private Right of Action.

§ 2-45.11 Severability.

§ 2-45.12 Indexing.

§ 2-46 MANDATORY ATTENDANCE POLICY.

§ 2-46.1 Statement of Policy.

§ 2-46.2 Unexcused Absences.

§ 2-46.3 Refusal to Excuse.

§ 2-46.4 Member of the Borough Council.

§ 2-47 DIRECT DEPOSIT FOR MUNICIPAL EMPLOYEES.

§ 2-48 through § 2-49. (RESERVED)

Article VII Administrative Fees

§ 2-50 FEES CHARGED FOR MUNICIPAL SERVICES.

§ 2-50.1 All Borough Offices.

§ 2-50.2 Fees Charged by the Borough Clerk's Office.

§ 2-50.3 Fees Charged by the Police Department.

§ 2-50.4 Fees Charged for Marriage and Civil Union Ceremonies.

§ 2-50.5 Vital Statistic Fees.