Borough of South Toms River, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[New]
There is hereby established the Department of Administration and Executive in and for the Borough of South Toms River. The head of the Department of Administration and Executive shall be the Municipal Clerk.
[New]
There shall be a Municipal Clerk appointed by the Mayor and with the advice and consent of the Borough Council who shall be the head of the Department of Administration. The term of office of the Clerk shall be three years which shall run from January 1 in the year in which the Clerk was appointed. Tenure provisions pursuant to State Statute shall apply.
[New]
No person shall be appointed or reappointed as Municipal Clerk unless he shall have a Registered Municipal Clerk Certificate issued pursuant to N.J.S.A. 40A:9-133 et seq.
[1975 Code § 2-9.7; New]
The Municipal Clerk shall receive compensation as established by the Borough Council in the Salary Ordinance.
[1975 Code § 2-9.1]
The Office of the Municipal Clerk shall be a full time position with assistants as appointed by the Borough Council.
a. 
Location of the official office shall be in the Borough Hall, 144 Mill Street, South Toms River, New Jersey.
b. 
Business shall be conducted during the authorized business hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.
c. 
The office shall be closed for public holidays as established by the Borough's public holiday schedule.
d. 
In addition to maintaining the office in Borough Hall, the Clerk shall attend all meetings of the Borough Council.
a. 
Duties Pursuant to the Statute. Pursuant to N.J.S.A. 40A:9-133, the Municipal Clerk shall:
1. 
Act as secretary of the municipal corporation and custodian of the municipal seal and of all minutes, books, deeds, bonds, contracts, and archival records of the municipal corporation. The Borough Council may, however, provide by ordinance that any other specific officer shall have custody of any specific other class of record;
2. 
Act as secretary to the governing body, prepare meeting agendas at the discretion of the governing body, be present at all meetings of the Council, keep a journal of the proceedings of every meeting, retain the original copies of all ordinances and resolutions, and record the minutes of every meeting;
3. 
Serve as the chief administrative officer in all elections held in the Borough, subject to the requirements of Title 19 of the New Jersey Statutes Annotated;
4. 
Serve as chief registrar of voters in the Borough, subject to the requirements of Title 19 of the New Jersey Statutes Annotated;
5. 
Serve as the administrative officer responsible for the acceptance of applications for licenses and permits and the issuance of licenses and permits, except where Statute or ordinance has delegated that responsibility to some other Borough officer;
6. 
Serve as coordinator and records manager responsible for implementing local archives and records retention programs as mandated pursuant to Title 47 of the New Jersey Statutes Annotated;
7. 
Perform such other duties as are now or hereafter imposed by Statute, regulation or by ordinance.
b. 
Duties pursuant to ordinances:
1. 
The Municipal Clerk shall attend all meetings of the Council and of Council Committees when required by the chairmen and shall keep the minutes of the meetings of the Council and the Committees. The minutes of each meeting of the Council shall be signed by the Municipal Clerk.
2. 
Ordinances and Resolutions.
(a) 
The Clerk shall record all ordinances in books to be provided for that purpose. After each ordinance he shall record and certify the proof of its publication as required by law. Each ordinance so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was adopted on a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify shall not impair or affect the validity of an ordinance which has been duly adopted.
(b) 
Periodically, as determined by the Borough Council, the Clerk shall compile at least two copies of all ordinances that have been adopted since the previous revision or supplement and forward them to a company selected by the Council to prepare a supplement to the Code.
(c) 
The Clerk shall compile annually, in the order of their adoption, all resolutions adopted by the Council during the year and shall preserve them.
3. 
Custodian of Records. The Clerk shall have custody of and shall safely keep all records, books and documents of the Borough except those committed to any other office by ordinance, by resolution or by law. On request and on the payment of the fees prescribed therefor, the Clerk shall furnish a certified copy of any paper in his custody under the corporate seal of the Borough.
4. 
Corporate Seal. The Clerk shall cause the corporate seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Council or when necessary to exemplify any document on record in his office, or to certify any act or paper which from the records in his office shall appear to have been a public act of the Borough or a public document.
5. 
Insurance: Surety Bonds; Contracts. Subject to the supervision of the Council, the Clerk shall:
(a) 
Be the depository for and the custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond which shall be placed in the custody of the Treasurer; of all insurance policies on or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Borough may be a party.
(b) 
Be the depository for and the custodian of all performance bonds running to the Borough as obligee, or any other form of security given by a contractor, subdivision developer or other persons on account of work done or to be done in or for the Borough.
(c) 
Have custody of all leases of property owned by the Borough.
(d) 
Report to the Council annually, at such times as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance; the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.
6. 
Administrative Rules and Regulations; Filing and Publication. The Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in his office during business hours. No rule or general regulation made by a department, officer, agency or authority of the Borough, unless it relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Clerk.
c. 
Other Laws and Ordinances. In addition to other functions, powers, and duties prescribed by ordinance and subject to the supervision and direction of the Council, the Clerk shall have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Council.
d. 
Borough Clerk Reports to Council. Every department, board, commission, agency and other body within the Borough government shall file a full report of its finances and activities with the Borough Clerk for presentation to the Council annually or at such more frequent intervals as the Council shall require.
[Ord. No. 8-82 § 1]
a. 
Created. There is hereby created the position of Deputy Municipal Clerk. The duties of the Deputy Municipal Clerk shall include serving as assistant to the Municipal Clerk, performing the functions and duties of the Clerk in the absence of the Clerk and such other duties as may be assigned.
[1]
Editor's Note: For fees for copies of Police reports see subsection 2-70.6.
For additional personnel, rules, regulations and disciplinary policies concerning the Police Department, see Chapter 10, Human Resources (Personnel), Article II, Regulations of the Police Department.
[1975 Code § 2-14.1; Ord. No. 6-98 § 2-4.1]
a. 
There is hereby established in and for the Borough of South Toms River, a Police Department which shall be known as the South Toms River Police Department. It shall consist of a Chief of Police and such officers as Captains, Lieutenants, Sergeants, Detectives, Patrolmen and Identification Officer. The governing body shall determine the number of persons, including temporary officers and members, in an emergency, to be appointed to these positions together with their compensation.
b. 
The Police Department shall preserve the public peace, protect life and property, detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of South Toms River, direct and control traffic, provide attendance and protection during emergencies, provide appearances in court, cooperate with all other law enforcement agencies and provide training for the efficiency of its members and officers. The Police Department shall be located in the municipal building in the Borough of South Toms River or such Police Headquarters as may be established by the Borough governing body.
[1975 Code § 2-14.2; Ord. No. 6-98 § 2-14.2]
a. 
The governing body of the Borough of South Toms River shall be the appropriate authority as provided for in the N.J.S.A. 40A:14-118. They shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
b. 
All rules and regulations shall be binding on all the members of the Police Department and each member shall thoroughly familiarize himself or herself with them. Each member of the Department shall receive a copy of the rules and regulations and a copy of the rules and regulations or any amendments thereto shall be posted on the Departmental bulletin boards, which shall be sufficient notice to the contents thereof.
[Ord. No. 6-98 § 2-14.3]
a. 
The Chief of Police shall be the head of the South Toms River Police Department and shall be directly responsible to the appropriate authority for its efficiency and day-to-day operations. Pursuant to the policies established by the governing body, the Chief of Police shall:
1. 
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
2. 
Have, exercise and discharge the functions, powers and duties of the Police Department;
3. 
Prescribe the duties and assignments of all members and officers. (NOTE: All duties and assignments must conform to contractual regulations.)
4. 
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's discretion and control; and
5. 
Report, at least monthly, to the governing body in such form as shall be prescribed by them on the operation of the Department during the preceding month and make such other reports as may be requested by the Mayor and Council.
[1975 Code § 2-14.4; Ord. No. 3-87; Ord. No. 6-98 § 2-14.4]
All appointments to any position within the Borough of South Toms River Police Department shall be made by resolution of the Mayor with the advice and consent of the Council after consideration of the recommendation of the Chief of Police and all appointments shall be made in accordance to and subject to the laws of the State of New Jersey.
[1975 Code § 2-14.5; Ord. No. 6-98 § 2-14.5; Ord. No. 7-10; Ord. No. 6-2018; amended 2-11-2019 by Ord. No. 2019-2]
a. 
The Mayor, with the advice and consent of the Council, shall appoint a number of special law enforcement officers available for assignment to active duty subject to eligibility criteria and limitations set forth in the Special Law Enforcement Officers Act.
b. 
The classifications of special law enforcement officers shall be separated into three classes pursuant to law. They will be as follows:
1. 
Class I: Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Such officers shall have the power to issue summons for disorderly persons offenses, petty disorderly person offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class is prohibited, and no officer of this class shall be assigned any duties which may require the carrying or use of a firearm. There shall be a limit of five officers of this class.
2. 
Class II: Officers of this class are authorized to exercise full powers and duties of a regular police officer. The use of a firearm by such officer may only be authorized upon successful completion of training and instruction as required by law. The Chief of Police may authorize the use of mechanical force weapons, but such special law enforcement officers must train and demonstrate proficiency with such mechanical force weapons with the same frequency as regular police officers.
3. 
Class III: Officers of this class must be a retired law enforcement officer under the age of 65, who had retired from his/her agency in good standing and possess a valid New Jersey Police Training Commission basic police officer certification. Such Class III officers must be physically capable of performing the functions of the position in accordance with New Jersey Police Training Commission guidelines. Such Class III officers are authorized to exercise powers and duties commensurate with those of a regular police officer. The use of a firearm by such officer may only be authorized upon successful completion of training and instruction as required by law. The Chief of Police may authorize the use of mechanical force weapons, but such special law enforcement officers must train and demonstrate proficiency with such mechanical force weapons with the same frequency as regular police officers.
c. 
Compensation. Each special law enforcement officer shall receive compensation as provided in the Salary Ordinance of the Borough.
d. 
Non-Members of the Police Department. No special law enforcement officer, by virtue of his/her appointment as such, shall be or become a member of the Police Department, except as provided by the New Jersey Civil Service Commission.
e. 
Use of Firearms and Equipment Limited. No special law enforcement officer shall wear the police uniform except while actually on duty.
f. 
Use of Private Vehicle Restricted. No special law enforcement officer shall use his/her private vehicle on official police business unless directly ordered to do so by the Chief of Police or one acting on his behalf.
g. 
Compliance with Rules and Regulations. Every special law enforcement officer while on duty shall abide by all the rules and regulations of the police department. Any violation of the rules and regulations where the penalty for a police officer is suspension or dismissal may result in immediate dismissal of the special law enforcement officer.
h. 
Seasonal Period Defined. As a resort municipality, the Borough Council hereby designates the period of May 15 through September 15 as the "seasonal period" pursuant to N.J.S.A. 40A:14-146.9(g).
i. 
Limitation on Hours. During the four-month seasonal period established above, special law enforcement officers may work up to 48 hours per week. During the nonseasonal period of the year, the working hours of special law enforcement officers are limited to 20 hours per week, provided however that the Borough may employ one Class II special law enforcement officer to whom the limitation on hours in this section shall not apply.
[Added 4-8-2019 by Ord. No. 2019-5]
The K-9 Division of the Borough of South Toms River is hereby established.
Following negotiations between the K-9 handler and the Borough Council, the following represents the full amount of all compensation and benefits to be provided by the municipality:
a. 
K-9 Officer shall be solely and fully responsible for all costs associated with the feeding, care, and/or maintenance of the canine.
b. 
K-9 Officer shall be solely and fully responsible for the payment of any medical or veterinarian services, including medications, associated with the canine.
c. 
Unless K-9 Officer pays the invoice/bill directly with the service provider or supplier, K-9 Officer shall provide the Borough with the necessary funds needed to pay for any bills, invoices, or expenses resulting from the canine for which the Borough has been served an invoice/bill.
d. 
Should the Borough receive any grant for its canine program, the Borough shall use any such money received from the grant towards the care, maintenance, equipment, training, and/or feeding of the canine within the canine program.
e. 
However, the receipt of any such grant or use of any grant money by the Borough toward the care, maintenance, and/or feeding of the canine within the canine program shall not be deemed a waiver of or eliminate K-9 Officer's obligation to provide the necessary funds for the canine's care, maintenance, equipment and/or feeding of the canine within the canine program.
a. 
In compliance with Fair Labor Standards Act regulations, all parties agree the daily amount of time necessary for the care, feeding, and maintenance of the canine while said K-9 Officer is at home shall be equal to 30 minutes per day, or 3.5 hours per week. Unless otherwise agreed upon between the Borough and PBA, travel to and from any facility for medical or veterinarian care/services shall be considered a part of the care provided during the thirty-minute period.
b. 
K-9 Officer acknowledges there will be no additional compensation or stipend for the care, maintenance and feeding of the dog above the 30 minutes per day outlined in the agreement. K-9 Officer specifically waives any claim for additional compensation for the care, maintenance and/or feeding of the canine, as he specifically and expressly acknowledges the Borough is providing said Officer 30 minutes per day to care for, maintain and/or feed the canine.
The schedule of K-9 Officer shall be under the direct control of the Chief of Police or designee appointed by the Chief of Police, or his designee.
So long as the K-9 program is continued by the Borough, the Borough will provide liability coverage for K-9 Officer Kosh in accordance with state statutes.
The Borough shall have the unilateral right to terminate the K-9 program within the Borough for any reason, including but not limited to the Borough incurring any expense(s). However, a failure on the part of the Borough to immediately terminate the K-9 program upon any expenses being incurred by it does not represent an abandonment of the Borough's unilateral right.
[1975 Code § 2-24.1; Ord. No. 7-84 §§ 1, 2]
There is hereby created the Department of Public Works in and for the Borough of South Toms River, County of Ocean, State of New Jersey.
The Department of Public Works shall consolidate all activities previously accomplished through the Departments of Streets and Roads, and Sanitation.
[Added 10-12-2020 by Ord. No. 2020-10]
a. 
Appointment. The Director of the Department of Public Works shall be appointed by the Mayor with the consent of the Council.
b. 
Qualifications. The Director of the Department of Public Works shall meet such qualifications deemed appropriate by the Mayor and Council.
c. 
Residency. The Director of the Department of Public Works need not be a resident of the Borough of South Toms River.
d. 
Compensation. The Director of the Department of Public Works shall be paid a salary fixed and adopted by the Governing Body in the annual salary ordinance.
e. 
Removal. The Director of the Department of Public Works may be removed from this position for cause subject to any limitations imposed by law.
f. 
Full-Time Position. Director of the Department of Public Works shall devote full-time to the position and shall not engage in any other occupation or employment which would interfere with performing the duties of Director.
g. 
The Director's responsibilities include:
1. 
Department Head. Director of the Department of Public Works shall act as the head of the Department of Public Works and shall, under the direction of the Borough Administrator and with the approval of the Mayor and Council, plan, organize, and direct the activities of the Department of Public Works and supervise subordinate officers and employees within the Department, subject to any limitations imposed by law.
2. 
Budget Preparation. Assist the Mayor and Council in proper preparation of the municipal budget, and in this connection shall submit a yearly budget request for this Department.
3. 
Provision of Services. Ensure that the Department of Public Works properly provides the services deemed necessary by the Mayor and Council for the residences of South Toms River Borough.
4. 
Rule and Regulation Enforcement. Enforce all administrative rules and regulations regarding questions of policy as determined by the Mayor and Council to be appropriated for the Department of Public Works.
5. 
Policy Formation. Assist the Mayor and Council in formulating policies and programs designed to efficiency provide departmental services to the community.
[Ord. No. 1-99 §§ 2, 3]
The Mayor may appoint with the consent of Council, an Assistant Supervisor of Public Works who shall serve under the direction of the Director of Public Works. The position shall be Civil Service eligible and the hiring of the employee shall occur as a promotion from within the Department. The duties and responsibilities of the Assistant Supervisor of Public Works are to ensure that the day to day operations of the Department are fulfilled in the absence of the Director. The Assistant Supervisor shall have the authority to direct the work tasks of personnel and to act in the capacity of a foreman. The Assistant Director shall not have the authority to discipline, however, he shall have the authority to remove personnel from any given work assignment as the situation dictates. The salary for the position of Assistant Supervisor of Public Works shall be established in the Salary Ordinance.