Editor's Note: The form of government in Moonachie is the Borough form which comprises N.J.S.A. 40:86 through N.J.S.A. 40:94 and N.J.S.A. 40A-60. The administrative code has been drafted in conformity with the Borough law and in many instances provisions of the Borough law have been restated in the code. Other enabling laws pertaining to the administrative chapter are N.J.S.A. 40A:14, et seq., Police and Fire Departments; N.J.S.A. 2A:8-1, et seq., Municipal Court; N.J.S.A. 40:55D-36, Zoning Board of Adjustment; N.J.S.A. 40:55D-1.4, Planning Board; N.J.S.A. 44:8-115, et seq., Board of Assistance; N.J.S.A. 26:3-1, et seq., Board of Health. Other authority to regulate the internal affairs of the Municipality is contained in N.J.S.A. 40:48-2.
ATTACHMENTS
Attachment 1 - LOSAP
[1970 Code § 2-1]
This Chapter shall be known and may be cited as the Administrative Code of the Borough of Moonachie.
[Ord. #90-4]
The Council shall consist of the Mayor and six Councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office of the Mayor and Councilmen shall commence on January 1 next following their election.
[Ord. #90-4]
All vacancies shall be filled in accordance with N.J.S.A. 40A:16. The appointee shall be of the political party which had nominated the incumbent whose office is vacated.
[1970 Code § 2-3]
The Borough Council shall meet for organization within the first seven days of January following each general election. Thereafter, the Borough Council shall meet regularly within the Borough at such times and places as provided by resolution. The Mayor shall, when necessary, call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place in the Borough as they may designate and, in all cases of special meetings, 48 hours' notice shall be given to all members of the Council or left at their places of residence.
Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, C. 231, P.L. 1975.
[1970 Code § 2-4]
The Mayor shall preside over all meetings of the Borough Council but shall not vote except to give the deciding vote in case of a tie. The Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough. No appointments shall be made except by the vote of a majority of the members of the Council present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in case of a tie. Vacancies in appointive offices shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the Council fails to confirm any nomination made by the Mayor, then after the expiration of the 30 days, the Council shall appoint the officer.
[1970 Code § 2-5]
At the annual meeting the Borough Council, by a majority vote, shall elect from their number a President of the Council who shall preside at all of 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. He shall have the right to debate and vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council and in that case, no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. The Mayor, in case of his intended absence from the Borough for more than three days at any one time, shall notify the President in writing of his intended absence, whereupon the President shall be and become acting Mayor from the receipt of notice and continue to act until the Mayor's return.
[Ord. #86-1, § 1; Ord. #88-14, § 1]
Pursuant to N.J.S.A. 40A:9-136, there is hereby created the position of Borough Administrator.
[Ord. #86-1, § 2; New; Ord. #88-14, § 2]
The Borough Administrator shall be appointed by the Mayor with the advice and consent of the governing body. He shall receive as salary such sum as may be fixed and approved by the governing body by appropriate salary ordinance. The Administrator shall serve at the pleasure of the governing body.
[Ord. #86-1, § 3; Ord. 88-14, § 3]
The Borough Administrator may be removed by a 2/3 vote of the governing body. The resolution of removal shall become effective three months after its adoption by the governing body. The governing body may provide that the resolution shall have immediate effect, provided, however, that the governing body shall cause to be paid to the Borough Administrator, forthwith, any unpaid balance of his salary already earned and his salary for the next three calendar months following adoption of the resolution.
[Ord. #86-1, § 4; Ord. #88-14, § 4]
The Borough Administrator shall be chosen on the basis of executive and administrative abilities, with special regard to education, training and experience in governmental affairs. The Borough Administrator need not reside in Moonachie.
[Ord. #88-14, § 5]
The Borough Administrator appointed by the Mayor and Council shall be required to provide at least 90 days' notice to the governing body of his or her intention to terminate employment as Borough Administrator in order to effectuate a smooth transition to a successor Borough Administrator.
[Ord. #88-14, § 6]
At the option of the Mayor and Council, the Borough Administrator may be required to execute a form of agreement prepared by the Borough Attorney which said agreement shall set forth the duties, rights and responsibilities of both the Borough Administrator and the Borough of Moonachie. Nevertheless, the Borough Administrator shall be compensated in accordance with the Borough Salary Ordinance and the form of contract required hereunder shall be at the sole option of the Mayor and Council of the Borough of Moonachie. In no event shall the Borough Administrator be considered a contractual employee and/or independent contractor but he or she shall be construed as an official of the Borough in accordance with N.J.S.A. 40A:9-136.
[Ord. #86-1, § 5; Ord. #88-14, § 7]
The Borough Administrator shall, under the supervision and control of the governing body, to the extent not prohibited by law, have the following duties and responsibilities:
a. 
Serve as the principal administrative officer representing the governing body.
b. 
Supervise the administration of all Borough departments and offices in consultation with the respective Council committee chairmen.
c. 
Study the administrative and other operations of the Borough and make recommendations for plans and programs to meet the needs of the Borough.
d. 
Receive and reply to inquiries and complaints concerning Borough business, and provide information and assistance in respect thereto.
e. 
Attend all meetings of the governing body as required.
f. 
Establish and maintain sound personnel practices and maintain appropriate records of all the employees and officials of the Borough.
g. 
Recommend the nature, location and extent of public improvements and coordinate the execution of same when authorized by the governing body.
h. 
Implement and enforce the policies of the governing body with respect to the compiling and release of public information.
i. 
Receive from each department, office and Board, their annual budget requests, reviewing and transmitting same, along with comments and recommendations, to the governing body.
j. 
Consult with the governing body on preparation of the tentative budget, recording changes, additions and deletions thereto, and submitting final recommendations in the form required by law, together with an analysis of the various items of expenditure and revenue and such explanatory comments as may be required.
k. 
Negotiate contracts inclusive of employee collective bargaining contracts, for the Borough as authorized by, and subject to the approval of the governing body.
l. 
Review, recommend, implement and enforce the financial procedures and policies of the Borough and its departments after consultation with the appropriate Council committee chairmen and department heads.
m. 
Perform such other duties as may be assigned to him from time to time by the governing body.
[Ord. #86-1, § 6; Ord. #88-14, § 8]
The Borough Administrator shall consult with the Borough Auditor, so as to keep him advised of the continuing review and analysis of proposed operations, work, progress and costs of municipal services.
[1970 Code § 2-6.1]
There shall be a Borough Clerk appointed by the Mayor and Council for a term of three years. Prior to his appointment the Clerk shall be qualified by training and experience to perform the duties of his office.
[1970 Code § 2-6.2]
The Borough Clerk shall serve as Clerk of the Council and as secretary of any special legislative committees of the Council. He shall attend all meetings of the Council and of such committees when required by the chairman and shall keep the minutes of the meetings of the Council and of such committees. The minutes of each meeting of the Council shall be signed by the officer presiding at the meeting and by the Clerk.
[1970 Code § 2-6.3]
a. 
The Clerk shall record all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance he shall also record and certify the proof of publication thereof as required by law. Each ordinance and resolution so recorded shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated, and when so signed the recorded copy shall be deemed to be a public record of the ordinance or resolution. Any omission by the Clerk or the Mayor to record, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted.
b. 
At the close of each year the Clerk, with the advice and assistance of the Borough Attorney, shall bind, compile or codify all the ordinances and resolutions, or true copies thereof, which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolutions.
[1970 Code § 2-6.4]
The Clerk shall have custody of and safely keep all records, books and documents of the Borough, except those committed by ordinance to any other office or transferred thereto by the Mayor and Council. He shall, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the Borough, furnish a certified copy of any such paper in his custody under the corporate seal of the Borough.
[1970 Code § 2-6.5]
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. He shall not affix the seal or cause or permit it to be affixed to any other instrument, writing or other paper unless required by law or ordinance.
[1970 Code § 2-6.6]
The Clerk, subject to the supervision of the Council, shall:
a. 
Be the depository and 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 upon or with respect to risks insured for the benefit of the Borough or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials to which the Municipality may be a party.
b. 
Be the depository for and have custody of all performance bonds running to the Borough as obligee, or any other form of security given by any 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 Borough 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.
[1970 Code § 2-6.7]
No rule or general regulation made by any department, officer, agency or authority of the Borough, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effect until it is filed with the Borough Clerk. The Clerk shall maintain a current compilation of all such rules and regulations which shall be available for public inspection in his office during business hours.
[1970 Code § 2-6.8]
In addition to such other functions, powers and duties as may be prescribed by ordinance and subject to the supervision and direction of the Borough Council, the Clerk shall:
a. 
Perform all of the functions required of municipal clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
b. 
Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Clerk.
c. 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to him by the Borough Council.
[Ord. #88-10, § I]
There shall be a Deputy Borough Clerk appointed by the Mayor with the consent of the Council for a term of one year. The Deputy Borough Clerk shall serve as Deputy Borough Clerk of the Council. In the absence of the Borough Clerk, the Deputy Borough Clerk shall attend and keep the minutes of all the meetings of the Council, which minutes shall be signed by the Deputy Borough Clerk. The minutes shall include all Resolutions of the Council.
[Ord. #88-10, S II]
a. 
In the absence of the Borough Clerk or at the direction of the Borough Clerk, the Deputy Borough Clerk shall record all ordinances in books to be provided for that purpose in the absence of the Borough Clerk. After each ordinance, the Deputy Borough Clerk shall record and certify the proof of its publication as required by Law. Each ordinance so recorded shall be signed by the Mayor and in the absence of the Borough Clerk, the Deputy Borough 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 Deputy Borough 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 Mayor and Council, the Deputy Borough 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 Mayor and Council to prepare a supplement to the Code.
[Ord. #88-10, § III]
In the absence of the Borough Clerk, the Deputy Borough Clerk shall have custody of and safely keep all records, books and documents of the Borough, except those committed by ordinance, to any other office, by resolution or by law. In the absence of the Borough Clerk, on request and on the payment of the fees prescribed therefor, the Deputy Borough Clerk shall furnish a certified copy of any paper in the Borough Clerk's custody under the corporate seal of the Borough.
[Ord. #88-10, § IV]
In the absence of the Borough Clerk, the Deputy Borough Clerk shall cause the corporate seal of the Borough to be affixed to instruments and writings when authorized by ordinance or resolution of the Mayor and Council or when necessary to exemplify any document on record in the Borough Clerk's office or to certify any act or paper which from the records in the Borough Clerk's office shall appear to have been a public act of the Borough or a public document.
[Ord. #88-10, § V]
Subject to the supervision of the Mayor and Council and in the absence of the Borough Clerk, the Deputy Borough 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 the Borough Clerk's and Deputy Borough Clerk's own bond, which shall be placed in the custody of the Treasurer; 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 and property owned by the Borough.
d. 
Report to the Mayor and Council annually, at such times as the Mayor and 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.
[Ord. #88-10, § VI]
In the absence of the Borough Clerk or at the direction of the Borough Clerk, the Deputy Borough Clerk shall maintain a current compilation of all rules and regulations, which shall be available for public inspection in the Borough Clerk's office during business hours. No rule or general regulations 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 part thereof, shall take effect until it is filed with the Borough Clerk.
[Ord. #88-10, § VII]
In addition to other functions, powers and duties prescribed by ordinance and subject to the supervision and direction of the Mayor and Council, and in the absence of the Borough Clerk, the Deputy Borough Clerk shall:
a. 
Perform all the functions required of Borough Clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance.
b. 
Administer the provisions of Borough ordinances with reference to the licensing of occupations and activities for which licenses are required by law or ordinance to be obtained from the Borough Clerk, except those issued by the Fire Prevention Board.
c. 
Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance or delegated to the Borough Clerk and/or Deputy Borough Clerk by the Mayor and Council.
[1970 Code § 2-7.1; Ord. #90-4]
There shall be the following departments, officers, boards and commissions in the Borough.
a. 
Departments.
1. 
Department of Finance.
2. 
Department of Public Works.
3. 
Police Department.
4. 
Fire Department.
5. 
Department of Buildings and Grounds and Inspections.
b. 
Separate Offices Not Under Departments.
1. 
Borough Attorney.
2. 
Borough Prosecutor.
3. 
Borough Physician.
4. 
Borough Engineer.
5. 
Borough Auditor.
c. 
Boards and Commissions.
1. 
Municipal Court.
2. 
Board of Adjustment.
3. 
Planning Board.
4. 
Board of Assistance.
5. 
Board of Health.
6. 
Emergency Management Council.
7. 
Hackensack Meadowlands Development Commission.
8. 
Housing Authority.
[1970 Code § 2-7.2]
The head of a department, subject to the code and the approval or direction of the Mayor and Council, shall:
a. 
Prescribe the internal organization of the work of his department.
b. 
Direct and supervise subordinate officers and employees of the department and make, alter and enforce individual work assignments.
c. 
Approve or disapprove payrolls, bills and claims chargeable to departmental appropriations.
d. 
Maintain such records of work performance and unit costs thereof as may be approved or required by the Mayor and Council.
e. 
Provide such information and reports on the work of the department as may be required by the Mayor and Council.
f. 
Exercise such other or different powers of administrative supervision and direction as the Mayor and Council may delegate to him.
[Added 12-21-2023 by Ord. No. 2023-10]
a. 
Municipal office areas in Moonachie have been secured and such offices are not open to the public for the purpose of protecting documents, digital data and other written, copied or printed materials that are not subject to the Open Public Records Act, which may include, but are not limited to, personally identifiable information that is protected by the Statutes of the State of New Jersey and the Federal laws of the United States.
b. 
The Borough of MOONACHIE shall be required to post signs outside of offices which read, "Restricted Area, Authorized Employees Only."
c. 
Persons that trespass these posted, protected offices may be subject to prosecution under N.J.S.A. 2C:18-3.
[1970 Code § 2-8.1]
There shall be a Department of Finance of the Borough which shall have jurisdiction over all business pertaining to finance. The Collector-Treasurer shall be the Director of the Department of Finance.
[1970 Code § 2-8.2]
a. 
Borough Treasurer. Within the Department of Finance there shall be a Division of the Treasury, the head of which shall be the Treasurer, who shall serve for a term of one year.
b. 
Powers and Duties of the Treasurer. The Treasurer shall have, perform and exercise all of the functions, powers and duties as provided by general law and Borough ordinances. He shall keep and maintain books and records of all financial transactions of the Borough in accordance with the standards and requirements of the Division of Local Government in the Department of the Treasury of the State of New Jersey. He shall have custody of all public moneys of the Borough and shall make monthly reports to the Mayor and Council of all receipts, expenditures, commitments and unexpended appropriations. All moneys received from any source by or on behalf of the Borough or any department, board, office or agency thereof, except as otherwise provided by Borough ordinance, shall be paid to the Treasurer who shall, by the next ensuing bank day after their receipt, deposit them in the authorized public depository of the Borough to the credit of the proper account.
c. 
Disbursements. Disbursements in payment of bills and demands shall be made by the Treasurer upon pre-audit and warrant of the Director of the Department of Finance, approved by the Mayor and Council, except that payments from the payroll account shall be made pursuant to paragraph d below. Every warrant shall be in the form of a warrant-check payable to the order of the person entitled to receive it, and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable. Each warrant-check shall bear the signatures of the Mayor or Council President, the Clerk and the Assistant Collector.
d. 
Payroll Account. There shall be an account to be designated the Borough of Moonachie Payroll Account and the Borough Clerk, upon receipt of a warrant or an amount due such payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts therewith. Disbursement from the payroll account may be made by payroll checks signed by the Assistant Collector and the Clerk upon pre-audit and warrant of the Director of the Department of Finance and approval by the Mayor and Council of the entire payroll. In case of error or adjustment in the payroll the Clerk shall, and it shall be his duty to, make proper correction and appropriate record of such correction.
e. 
Travel Expenses. Itemized claims supported by receipts, where available, should be presented in order to obtain reimbursement for expenses incurred by local officials were authorized to travel by the Borough. Travel expenses shall be reimbursed only in accordance with the travel regulations of the Borough.
[Ord. #89-1, § 1]
The purpose of this section is to create the position of Chief Financial Officer in accordance with the requirements established under Chapter 110, Laws of N.J. 1988.
[Ord. #89-1, § 2]
There is hereby established by the governing body of the Borough of Moonachie the position of Chief Financial Officer who shall be under the general supervision of the Mayor and Council of the Borough of Moonachie. Such officer shall be certified in accordance with the rules and regulations established by the State of New Jersey.
[Ord. #89-1, § 3]
The Chief Financial Officer shall have responsibility for the fiscal records of the Borough of Moonachie as well as:
a. 
Advise and assist the Mayor and Council with respect to the development of fiscal plans and forecasts for the Borough.
b. 
Provide financial assistance to all boards, commissions and departments of the Borough.
c. 
Conduct continuous studies and collect data to serve as a basis for future financial recommendations.
d. 
Prepare any and all Borough financial records necessary for the required year end financial audit.
e. 
Any and all other functions and duties assigned to such position by State law.
f. 
Any and all other duties which the Mayor and Council may from time to time delegate to such position.
[Ord. #82-3, § 2; 1970 Code § 2-8A.1]
The office of Tax Assessor is hereby established pursuant to the provisions of P.L. 1981 c. 393.
[Ord. #82-3, § 3; 1970 Code § 2-8A.2]
The office of Deputy Tax Assessor is hereby established pursuant to the provisions of P.L. 1981 c. 393. There shall be no more than three Deputy Tax Assessors appointed to serve at any one time.
[Ord. #82-3, § 4; 1970 Code § 2-8A.3]
The term, duties, tenure, appointment and qualifications of the Tax Assessor and Deputy Tax Assessors shall be in accordance with P.L. 1981 c. 393 and such other pertinent statutes as may apply.
[Ord. #82-3, § 5; 1970 Code § 2-8A.4]
The compensation of the Tax Assessor and Deputy Tax Assessors shall be provided for in the annual salary ordinance.[1]
[1]
Editor's Note: A copy of the annual salary ordinance is available for examination in the office of the Borough Clerk.
[Ord. #222, §§ 1 — 5; Ord. #71-3, § 1; Ord. #73-3; Ord. #75-7, §§ 1 and 2; Ord. #78-10, § 1; 1970 Code § 2-9.1]
There shall be a Superintendent of Public Works, a working foreman and such other employees appointed by the Mayor with the advice and consent of the Council.
a. 
Any and all employees of the Department of Public Works shall comply with the regulations of the Department of Civil Service of the State of New Jersey and rules and regulations promulgated by the Mayor and Council of the Borough.
b. 
Qualifications. The Superintendent of Public Works shall be a person qualified by education, training and experience to perform the duties of the office. The working foreman shall, in the absence of the Superintendent, be in charge of the Department of Public Works. He shall, under the direction of the Superintendent, supervise and work with a group of employees engaged in the construction, operation, maintenance and repair of streets, sewer, water, sanitation and other public works facilities; may be required to operate, check, service and make minor repairs to trucks and other maintenance and construction equipment; does related work as required.
c. 
Supervision. The Superintendent shall be under the direct supervision of the Mayor and Council and the Chairman of the Public Works Committee.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1 & 2; Ord. #78-10, § 1; 1970 Code § 2-9.2]
a. 
Set up and maintain adequate inventory and control thereof of all material and supplies needed by the Department of Public Works.
b. 
Submit to the Chairman of the Public Works Committee a monthly report of the activities of the department.
c. 
Submit to the Chairman of the Public Works Committee his recommendations for budget appropriations for the ensuing year.
d. 
Recommend for approval the expenditure of all funds by voucher chargeable against the public works budget.
e. 
Inspect all sewer lines within the Borough.
f. 
Receive all complaints from residents and taxpayers of the Borough relating to the operations under his jurisdiction, investigate same, take appropriate action.
g. 
Attend all Council meetings and meetings of the Public Works Committee when directed by the Mayor and Council.
h. 
Supervise the operation, maintenance and repair of any Borough owned equipment.
i. 
Set up, keep and maintain all the necessary books, records, field notes, maps, surveys and similar records necessary to perform the duties of his office and turn over all such records to his successor on the termination of his employment by the Borough.
j. 
Recommend to the appropriate committee chairman the need for any repair or replacement to Borough owned equipment, structures, buildings or grounds.
k. 
Supervise the performance of the work of any personnel assigned to his jurisdiction.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1 & 2; Ord. #78-10, § 1; 1970 Code § 2-9.3]
The Department of Public Works, through the Superintendent, shall take charge and be responsible for the maintenance of all parks, sewers, cutting of brush, mowing of grass, removal of snow, maintenance of pipes, valves and pumps in pump stations, cleaning of ditches, maintenance of all Borough streets and roads, including the street lighting system, the provision, operation and maintenance of facilities for the collection and disposal of refuse and garbage at such times and in such manner as authorized by resolution of the Council, and the care of other public works in the Borough subject to the orders and direction of the Mayor and Council.
[Ord. #222, § 2; Ord. #73-3; Ord. #75-7, §§ 1 & 2; Ord. #78-10, § 1; 1970 Code § 2-9.4]
The Mayor and Council shall by resolution make such rules and regulations necessary for the proper regulation of the Department of Public Works and when same are adopted by the Mayor and Council they shall be known as the rules and regulations for the governing of the Department of Public Works and shall be binding on each member of the Department.
[Ord. #2010-1, § 1]
a. 
DPW Services. Members of the Department of Public Works shall be available for services when called out for dangerous conditions as a result of the work of private contractors only at such time as will not interfere with the efficient performance of regularly scheduled or emergency duties for the Borough and with the approval of the DPW Superintendent. When the DPW is called out by the Police to provide barricades, plowing, salting or any other activity directly related to the health, safety or welfare of the residents of the Borough of Moonachie, this fee shall be applied.
b. 
Payment. Private contractors shall pay to the Treasurer of the Borough of Moonachie a certain amount in cash, check or money order as is set forth herein or as may be fixed from time to time by resolution of the Borough of Moonachie as compensation for such services.
1. 
Rate of Compensation to the Borough:
(a) 
The rate of compensation to the Borough for DPW wages shall be $90 per hour, including a vehicle, for the total time of their assignment, including but not limited to any minimum hour call out guaranteed by contract effective January 1, 2010.
(b) 
The rate of compensation to the Borough for administrative services (call out, bill preparation) shall be $25 per hour.
(c) 
There shall be separate costs and fees charged to private contractors for any and all equipment, supplies or materials expended by the DPW in providing their services.
[Ord. #149, § 1; Ord. #70-8, Ord. #81-2, § 2, § 1; 1970 Code § 2-10-1; Ord. 85-16, § 1; Ord. #2006-8, § 1; Ord. #2013-9]
The Police Department of the Borough of Moonachie is established and shall consist of a Chief of Police, one Lieutenant, five Sergeants and such other officers and such other patrolmen, probationary officers, police matrons, traffic officers, school traffic, officers and employees, as the Mayor and Council may appoint.
There is hereby created with this section a Detective Bureau whose members shall receive compensation as may be determined by resolution by the Mayor and Council.
[Ord. #149, § 2; 1970 Code § 2-10.2]
All members of the Police Department shall be appointed by the Mayor with the advice and consent of the majority of the Council to hold office as provided by law.
[Ord. #149, § 2; 1970 Code § 2-10.3; Ord. #94-4]
The appropriate authority, as defined by N.J.S.A. 40A:14-188, shall be the Mayor and Council, whose decision upon all matters affecting the Department shall be final. The Mayor and Council may delegate certain powers to a committee thereof, or to the Borough Administrator.
[Ord. #149, § 12; 1970 Code § 2-10.4]
The Mayor and Council shall establish by resolution and may amend and repeal by resolution, such rules and regulations as it may deem necessary for the government and efficient working of the entire Department. Such rules and regulations, when adopted by resolution of the Borough Council, shall be posted by the Chairman of the Police Committee within five days after the adoption thereof in the room in the Municipal Building assigned to the Police Department, and a copy thereof delivered to each and every member of the Department within five days after the adoption of such rules or regulations or any amendment or repeal thereof.
[Ord. #149, §§ 7 — 9; Ord. #69-1; 1970 Code § 2-10.5]
Each applicant shall comply with all of the laws of the State of New Jersey pertaining thereto. No person shall be given or accept a permanent appointment as a police officer in the Borough unless such person has first been given a probationary or temporary appointment to such office for a period of not longer than one year, 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 Chapter 56 of the Laws of 1959. Each candidate for appointment to the Police Department shall be and is required to submit to such written and oral examination as may be prescribed by the Civil Service Commission and also to submit to a physical examination by a licensed practicing physician of the State of New Jersey designated for such purpose; the character and scope of such examination to be for the purpose of revealing the extent to which such applicant may be mentally, physically, and otherwise qualified to perform his appropriate duties in the Department. Such examinations shall be prepared and conducted at such times and places and by such persons as the Mayor and Council may designate. Any applicant who shall fail to attain a grade of 70 in such examination or who shall fail to meet the physical qualifications as may be set up by the Police Committee or in the opinion of the examining physician be incapable of performing the duties of a police officer in a safe and efficient manner shall be ineligible for appointment to the Department.
The aforesaid examinations shall, where more than one candidate applies, be competitive and appointments shall be made from among those who have successfully passed the examination.
No person shall be appointed to the Police Department as a regular or probationary member unless he shall at the time of making application be between the age of 21 and 35 years, except as provided by law in the case of veterans.
No person shall be appointed as a member of the Police Department unless a citizen of the United States and a resident of the Borough for not less than one year previous to his appointment, unless at the time of appointment there shall be a vacancy in the Police Department which cannot be filled by a qualified resident, which fact shall be established by resolution duly adopted by the Council prior to the appointment. In such event, the residence requirement shall be relaxed to provide that the person to be appointed be a resident of New Jersey for at least one year and reside within the Boroughs of Little Ferry, Wood-Ridge, Carlstadt, Hasbrouck Heights, Ridgefield Park or the Township of South Hackensack for a period of one year.
An applicant before appointment and as a condition of appointment shall agree to become a resident of the Borough within three years from the date of his appointment. However, the three-year period may be extended by resolution of the Council for an additional period which shall not exceed two years.
Upon the expiration of the three-year period, or any extension thereof, if the applicant shall not have become a resident of the Borough, he shall cease his employment as a member of the Police Department.
[Ord. #149, § 11; 1970 Code § 2-10.6]
Each member of the Police Department shall, before entering upon the performance of his duties, take and subscribe an oath to bear true faith and allegiance to the government established in this State, to support the Constitution of the United States of America and the State of New Jersey and to faithfully, impartially and justly discharge and perform all the duties of his office, which oath or affirmation shall be filed with the Borough Clerk.
[Ord. #149, §§ 3, 6 & 7; Ord. #70-8; 1970 Code § 2-10.7]
The Chief of Police shall be the head of the Police Department. In the temporary absence or disability of the Chief of Police, the Mayor and Council shall appoint on a temporary basis the member of the Department who will act in his place, and who shall be the highest ranking officer of the Department, conferring on him the title of "Acting Chief," this title to be used only for the duration of the temporary appointment.
The control and discipline of the Police Department of the Borough and of its members shall be vested in the Chief of Police and he shall have the power to enforce all the rules and regulations herein provided and any general and special orders or instructions which he may promulgate; provided such rules, regulations, general or special orders or instructions do not conflict with the rules and regulations, orders or instructions issued by resolution of the Mayor and Council or promulgated by the Police Committee. He shall enforce these rules and regulations, orders or instructions, whether promulgated by him or by the Police Committee or by the Mayor and Council, and may punish their violation by reprimand. Should the Chief deem the violation to be of a sufficiently flagrant nature, he shall report the same to the Police Committee with his recommendations with reference to the filing of charges.
The Chief of Police, with the assistance of the other members of the Department who shall be detailed for the purpose, shall keep a complete record as prescribed in the rules and regulations adopted by the Mayor and Council, and the Chief of Police shall report in writing to the Chairman of the Police Committee for presentation to the Mayor and Council at their first regular meeting in each month on all matters of importance pertaining to the Department and make such recommendations as in his opinion will increase the efficiency of the Department.
The Chief of Police shall recommend to the Police Committee the purchase of new equipment or the repair or rearrangement of such old equipment as will increase the efficiency of the Department. He shall have full charge and control of all the apparatus and equipment of the Department and its assignment and use, and shall be held responsible for its care, cleanliness and safekeeping.
[Ord. #149, § 5; 1970 Code § 2-10.8]
The Police Department, through its Chief, shall:
a. 
Preserve the public peace, protect life and property, prevent crime, detect and arrest offenders against the penal laws and ordinances effective within the Borough, suppress riots, mobs and insurrections, disperse unlawful or dangerous assemblages, and preserve order at all elections and public meetings and assemblages.
b. 
Administer and enforce laws and ordinances to regulate, direct, control and restrict the movement of vehicular and pedestrian traffic and the use of the streets by vehicles and persons, to protect the safety and facilitate the convenience of motorists and pedestrians, and to make and enforce rules and regulations not inconsistent with the ordinances and resolutions of the Borough for such purposes.
c. 
Remove or cause to be removed all nuisances in the public streets, parks and other public places of the Borough, inspect and observe all places of business amusement or assemblage and all places of business requiring any State or municipal license or permit and report thereon to the appropriate department.
d. 
Provide proper police attendance and protection at fires.
e. 
Provide for the attendance of its members in court as necessary for the prosecution and trial of persons charged with crimes and offenses, and cooperate fully with the law enforcement and prosecuting authorities of Federal, State and County governments.
f. 
Operate a training program to maintain and improve the police efficiency of the members of the Department.
[1970 Code § 2-10.10; Ord. #94-4]
The hours of employment of uniformed members of the Police Department shall be as prescribed in the Police Collective Bargaining Agreement. In the case of an emergency, the officer, board or other official having charge or control of the Police Department or the police system shall have full authority to summon and keep on duty any and all such members during the period of emergency.
[Ord. #149, § 10; 1970 Code § 2-10.11]
Each person hereafter appointed to the Department shall be known as probationary patrolman and shall serve as a probationary patrolman for a period of one year from the date of his appointment. The probationary period shall be divided into two six-month periods, the first six-month period being known and designated as probationary period "A", and the second six-month period as probationary period "B".
Each person appointed or promoted to a higher position shall likewise serve a probationary period in such capacity for a period of one year from the date of his appointment or promotion. The probationary period shall be divided into two six-month periods, the first six-month period being known and designated as probationary period "A", and the second six-month period as probationary period "B".
At the termination of the entire probationary period, and provided that the candidate or person promoted satisfactorily meets all the requirements of the position to which he has been appointed or promoted for the probationary period, the appointment or promotion shall be final on the recommendation of the Police Committee and with the approval of the majority of the members of the Council present and voting.
Should the candidate not meet the requirements of the position at the end of either probationary period "A" or "B", his service as such will be terminated on the recommendation of the Police Committee and with the approval of the Mayor and Council.
[Ord. #149, §§ 13 & 14; 1970 Code § 2-10.12]
Each regular police officer shall hold office and continue in employment during good behavior and efficiency and no person shall be removed from office or employment for any other causes than incapacity, misconduct, neglect of duty, non-residence, conduct unbecoming a police officer, disobedience of the rules and regulations established and hereafter to be established for the Department or absence from duty without just cause for five days or more.
Any member of the Department may be suspended, removed, fined, or reduced from his office or employment, for just cause upon due notice and service of written charges and a hearing before the Mayor and Council of the Borough as provided by law.
[Ord. #149, § 6; 1970 Code § 2-10.13]
All members of the Police Department shall provide and maintain in clean and serviceable condition such wearing apparel and equipment as shall be prescribed by the Mayor and Council.
[Ord. #149, § 6; 1970 Code § 2-10.14]
All firearms which may be provided by the Borough shall remain the property of the Borough.
[Ord. #158, §§ 1 — 3; 1970 Code § 2-10.15; Ord. #94-4]
Vacations for all members of the Department, including the Chief of Police, shall be as prescribed in the Police Collective Bargaining Agreement.
[Ord. #94-4]
Nothing herein contained shall prevent the appointment by the appropriate authority of committees or commissions to conduct investigations of the operation of the police force and the delegation to such committees or commissions of such powers of inquiry as the governing Mayor and Council deems necessary or to conduct such hearing or investigation authorized by law. Nothing herein contained shall prevent the appropriate authority or any executive or administrative officer charged with the general administrative responsibilities within the municipality from examining at any time the operations of the Police Department or the performance of any officer or member thereof. Nothing herein contained shall infringe on or limit the power or duty of the appropriate authority to act to provide for the health, safety or welfare of the municipality in an emergency situation through special emergency directives.
[Added 5-25-2023 by Ord. No. 2023-5]
a. 
The position of Special Class III Law Enforcement Officer is hereby established who shall be under the command of the Chief of Police and who shall report through the chain of command to enhance the service and protection provided by the Department's sworn police officers.
b. 
The authority and operations appointment, training, deployment and performance of its Class III special law enforcement officers shall be governed by N.J.S.A. 40A:14-146.10, 40A:14-146.11, 40A:14-146.15 and 40A:14-146.16, as well as the provisions established in this chapter and the rules and regulations of the Moonachie Police Department.
c. 
All Class III special law enforcement officers shall be appointed by the Mayor with the advice and consent of majority of the Council, to hold office as provided by law.
[Added 5-25-2023 by Ord. No. 2023-5]
a. 
All qualified persons desiring to be appointed as Class III special law enforcement officers shall apply by sending a letter of interest and resume to the Chief of Police.
b. 
All applicants will be subject to a background check, a motor vehicle driving record check and medical, physical, psychological, and/or drug screening examinations.
c. 
All applicants will be evaluated based upon their resume, qualifications, education, service record, and interviews with, and recommendations of, the Chief of Police and the Borough Administrator, as well as any other sworn officers and/or Borough officials involved in the evaluation and hiring process.
d. 
The Chief of Police and the Borough Administrator or their designee shall recommend the most qualified applicants to the Mayor for appointment with the advice and consent of the Council.
e. 
After appointment by the Mayor and Council, all appointees shall swear or affirm an oath of office as a Class III special law enforcement officer of the Borough of Moonachie, shall be issued a badge and identification and shall report as ordered to the Chief of Police for training and deployment.
f. 
The term of appointment shall match the beginning and ending dates of school days for faculty in an academic year. Appointments shall be made yearly and an appointment made for any given academic year shall not be construed nor implied to constitute an offer for, or guarantee of, employment for a subsequent academic year.
g. 
Appointees who fail to successfully complete any training, continuing education, or weapons qualification, as mandated by state statute, the rules and regulations of the Moonachie Police Department or the Chief of Police, shall be immediately terminated.
[Added 5-25-2023 by Ord. No. 2023-5]
a. 
All Class III special law enforcement officers shall meet the qualifications pursuant to N.J.S.A. 40A:14-146.10, which require that they:
1. 
Be a retired law enforcement officer who is less than 65 years of age and whose retirement date and length of separation comply with the rules and regulations for a bona fide retirement.
2. 
Have served as a duly qualified, fully trained, full-time officer in any municipality or county of the State of New Jersey or as a member of the New Jersey State Police and was separated from that prior service in good standing within three years of appointment.
3. 
Be physically capable of performing the functions of the position, as determined in accordance with the Police Training Commission guidelines.
4. 
Possess a New Jersey Police Training Commission basic police officer certification or New Jersey State Police Academy certification.
5. 
Have completed the training course for safe schools resource officers developed pursuant to Subsection a. of Section 2 of P.L. 2005, c. 276.[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-71.8.
6. 
Be hired in a part-time capacity.
b. 
In addition to the qualifications required by N.J.S.A. 40A:14-146.10 as listed in this section, all Class III special law enforcement officers shall:
1. 
Be under the age of 60 at the time of appointment.
2. 
Be a resident of the State of New Jersey.
3. 
Possess a valid New Jersey driver's license.
4. 
Be of good moral character.
5. 
Be physically and mentally fit.
6. 
Be able to successfully complete all required pre-appointment and post appointment screening, evaluation and training processes.
7. 
Be subject to annual appointment for a term that matches the beginning and ending dates of school days for faculty in an academic year.
8. 
Be subject to any and all training and/or continuing education, including firearm qualification, as may be prescribed by the Chief of Police.
[Added 5-25-2023 by Ord. No. 2023-5]
a. 
Class III special law enforcement officers shall be responsible for providing armed security at all public schools and facilities within the Borough and at all official school functions attended by students outside of school facilities, as may be directed by the Chief of Police, or his or her designee, subject to the provisions of N.J.S.A. 40A:14-146.11 and 40A:14-146.5.
b. 
When on duty, all Class III special law enforcement officers shall exercise the full powers and duties, including the carrying and use of a firearm and other mechanical force devices as prescribed by the Chief of Police, as sworn police officers of the Police Department. Class III special law enforcement officers are authorized to respond to offenses and emergencies off school property if they occur in their presence.
c. 
In times of disaster and/or emergency, the Chief of Police, or his or her designee, may activate, recall and/or otherwise assign any Class III special law enforcement officer to any duty in support of the operations of the Moonachie Police Department's response to said disaster and/or emergency.
d. 
Class III special law enforcement officers shall be issued a firearm, mechanical force devices and any such other equipment or supplies necessary to perform their duties as determined by the Chief of Police, who shall also prescribe uniforms that the special officers are responsible for acquiring. Class III special law enforcement officers shall be responsible for the care and maintenance of their uniforms and equipment and shall wear the uniform of the day and carry a firearm and other mechanical force devices and equipment as prescribed by the Chief of Police at all times when on duty.
[Added 5-25-2023 by Ord. No. 2023-5]
a. 
The terms of employment for all Class III special law enforcement officers shall be governed by the provisions of this chapter, the Borough of Moonachie Personnel Manual and any other such ordinances or resolutions as may be adopted by the Mayor and Council.
b. 
Notwithstanding any other provisions to the contrary, Class III special law enforcement officers shall not be eligible, as a result of their employment as a special officer, for the following benefits:
1. 
Health, dental or prescription benefits.
2. 
Enrollment in any state pension system.
3. 
Paid vacation leave.
4. 
Unemployment compensation.
5. 
Any severance, terminal leave, retirement or separation benefits.
c. 
The salary and wages of all Class III special law enforcement officers shall be established as an hourly wage pursuant to the Salary Ordinance adopted annually by the Mayor and Council. Wages will be paid only for hours worked, including hours attending mandated training, continuing education and weapon qualification, unless otherwise specified in this chapter.
d. 
During each term of appointment, Class III special law enforcement officers shall be permitted paid sick days equal to five working days, shall receive a uniform allowance, the amount of which shall be determined by the Mayor and Council, and may be reimbursed for reasonable expenses, subject to the approval of the Chief of Police and the Borough Administrator or their designee.
e. 
Class III special law enforcement officers shall be available for work on all official school days in the academic calendar when faculty is working in the school buildings. The work schedule and post for all Class III special law enforcement officers shall be established by the Chief of Police or his or her designee.
f. 
Any and all policies and rules governing the hiring, employment, performance, conduct, deployment, scheduling, and/or duties of Class III special law enforcement officers, not otherwise provided for in this chapter, shall be governed by the Borough of Moonachie Employee Personnel Manual, the Salary Ordinance adopted annually by the Mayor and Council, the rules and regulations of the Moonachie Police Department and the policies and decisions of the Chief of Police and the Borough Administrator or their designee.
[Ord. #73-1, § 1; 1970 Code § 2-11.1]
The Fire Department of the Borough is hereby created and established with jurisdictional boundaries co-extensive with the boundaries of the Borough. The Fire Department shall be known as the Moonachie Fire Department.
[Ord. #20, § 2; 1970 Code § 2-11.2; Ord. #92-19, § 1]
The Fire Department shall consist of one Chief, at least one but not more than two Assistant Chiefs, at least one but not more than two Captains, at least one but not more than two Lieutenants, the members of the Fire Committee of the Borough Council and the companies.
The companies will consist of two hose companies, one hook and ladder company, one chemical company and as many additional companies of any class as the Council may deem necessary.
[Ord. #152, § 1; 1970 Code § 2-11.3; Ord. #92-19, § 1]
a. 
Election of the Chief. The Chief shall be elected for a term of one year, by ballot, by the active members of the Fire Department who are in good standing, at an annual election to be held on the first Thursday of the month of December each year, and the Chief so elected shall take office on January 1, following the election. The manner in which the election shall be held is as follows: Each fire company shall have the right to file with the Borough Clerk, in writing, not more than 30 days, and not less than three days before the election shall take place, the name of the nominee selected and endorsed by them. The Clerk shall cause the names of all candidates nominated to be printed on a sufficient number of ballots. At the time of the election, one of the ballots is to be furnished by the Clerk, on application, to each member of the Fire Department who shall be entitled to vote.
b. 
Election of the Assistant Chief(s), Captain(s), and Lieutenant(s). These officers will be elected for a term of one year, by ballot, by the active members of the Fire Department who are in good standing at an annual election to be held at the Department meeting in the month of December in each year and the officers so elected shall take office on January 1, following the election.
The manner in which the election shall be held is as follows: Any member of the Department in good standing shall have the right to nominate a member for office. The nominations will be in the months of October and November preceding the election. The Secretary of the Department shall cause the names of all candidates nominated to be printed on a sufficient number of ballots. At the time of the election, one of the ballots is to be furnished by the Department Secretary to each member of the Department who shall be entitled to vote. A member who cannot attend the meeting must obtain a ballot from the Secretary and return it to the Secretary of the Department prior to the election.
[Ord. #20, §§ 4 & 5; 1970 Code § 2-11.4]
The Chief shall at all times have sole and absolute command, control and management of the Fire Department, and all fire companies and fire apparatus. It shall be his duty to direct the officers and men under his command and to see that fire apparatus is placed in the most advantageous positions for the extinguishment of the fire. It shall be his duty every month to examine the condition of the fire companies, fire apparatus, tools and appliances and fire houses within the Borough, and submit a monthly report to the Borough Council. He shall acknowledge receipt of all orders and report on their execution at the first meeting of the Council following their receipt.
[Ord. #20, §§ 6 & 7; 1970 Code § 2-11.5]
In the absence of the Chief, the First or Second Assistant Chief, respectively, shall perform all the duties of the Chief. In the absence of the Chief and both Assistant Chiefs, the Mayor shall perform all the duties of the Chief, and in case of fire the officer in command of the company which arrives first at the fire shall act as engineer until the Chief, an Assistant Chief or the Mayor is present.
[Ord. #20, § 8; 1970 Code § 2-11.6]
Failure to furnish monthly reports, to report the receipt and execution of orders, or neglect of performance of duties necessary for the welfare and efficiency of the Fire Department shall make the Chief liable to removal by order of the Council, after a hearing. The vacancy created by such removal shall be filled by the Mayor, with the consent of the Council, by the appointment as Chief of either of the Assistant Chiefs or the foreman of any fire company who has served three years in the Department and is in good standing. The appointee shall hold office for the unexpired term only and shall make all appointments necessary to complete the membership of the Board of Fire Officers.
[Ord. #20, § 9; 1970 Code § 2-11.7]
The Board of Fire Officers shall meet once each month. It shall be the duty of the Board to report its approval of the fitness of all newly-elected members of the Fire Department to the Council in writing. It shall report monthly in writing upon the existence of exits in buildings that might prove dangerous or inadequate for the safe escape of persons gathered therein in case of fire, and upon the existence in the Borough of any collection or manufacture of material of inflammable character that might prove dangerous in case of fire, in accordance with the fire prevention code of the Borough; and upon all other matters which would tend to improve efficiency of the Department. It shall be the duty of the Board to adjudicate all minor disputes in or among the various companies that may be referred to it, but such adjudication shall always be subject to appeal to the Council. It shall submit an annual written report to the Council on the efficiency and service performed by the members of the Department, which report shall serve as a basis for promotion or in determining the right to compensation or the right to participate in the annual department election. It shall examine and approve the by-laws of the various fire companies and report their approval to the Council. It shall supervise the maintenance of accurate records by the secretary of each company concerning attendance, service and performance of duty of every member of each company, so that the Board's annual reports are based on accurate and complete information.
[Ord. #73-1, § 2; 1970 Code § 2-11.7A; Ord. #92-19, § 1]
The Board of Fire Officers shall consist of the members of the Fire Committee of the Borough Council, the Fire Chief of the Moonachie Fire Department, his Assistant Chief or Chiefs, Captain or Captains, Lieutenant or Lieutenants of the Department. There shall be a Secretary appointed by the Board of Fire Officers from the rank and file membership of the Moonachie Fire Department for a term of one year. The members of the Fire Committee of the Borough Council shall have no vote, but may be heard on all matters considered by the Board of Fire Officers.
[Ord. #73-1, § 3; 1973 Code § 2-11.8]
The Council may at any time authorize the organization of a fire company of any class upon the written application of 35 citizens of the Borough. Every company so organized shall consist of not more than 35 active members, provided however, that nothing herein shall prevent the Council from consolidating two or more companies in such a manner and under such terms and conditions as the Council shall decide, and such consolidated companies shall not consist of more than 35 active members each.
[Ord. #22, §§ 1 — 4; 1970 Code § 2-11.9]
a. 
Acceptance Authorized. Any volunteer fire company of the Borough, which is fully equipped for service and owns its fire apparatus, may be accepted as a fire company of the Borough. The members thereof shall become members of the Fire Department of the Borough upon written application to the Council for recognition and admission to the Fire Department.
b. 
Application. The application shall state, in detail, the name of the fire company, the date when the company was organized, the roll of the members arranged alphabetically, together with the street address, age and date of election to membership of each member and whether he is a citizen of the United States, a list of officers of the company, a correct description of the apparatus, tools, implements and supplies owned or in the possession of the company and their condition, and a description of all other property of the company. The application shall contain a statement that each and every member of the company will, upon being admitted to the Fire Department, agree to abide by and be subject to the rules, regulations and provisions of this section and shall have attached thereto a copy of the by-laws adopted by the company. The application shall be signed by every member of the fire company.
c. 
Action on the Application. Upon receiving the application, the Council by resolution may accept the fire company for recognition and admission as a fire company of the Borough, and thereby constitute the members of the company as members of the Fire Department of the Borough.
d. 
Effect of Recognition and Acceptance. Upon the recognition and acceptance of any fire company by resolution of the Council, each and every member of the company shall become a member of the Fire Department of the Borough and the company shall be a regularly recognized company of the Department. The apparatus, tools, implements and supplies of the fire company shall be subject to the control of the Council, provided, however, that the turning over of such control shall not be construed as a conveyance by such fire company of its rights and title to the property, nor shall such control be construed to imply a right of the Council to order the removal of the apparatus from the district where it is now located for the purpose of locating the apparatus at some other fire station in the Borough, and provided further that nothing herein shall be construed as an obligation on the part of the Council to make any repairs, pay any sum of money, or incur any liability or obligation of any kind in connection with the apparatus, tools, implements and supplies.
[Ord. #48, §§ 1, 2; Ord. #73-1, § 4; 1970 Code § 2-11.10; Ord. #94-12]
a. 
Qualifications. Any member of any duly accepted fire company of the Borough who has served seven years as an active member of the company or any other duly accepted company of the Borough shall be entitled to exemption and to all the rights, privileges and emolument of an exempt fireman of the Fire Department of the Borough, provided the seven years service has been in accordance with the rules and regulations of the company or companies of which he has been a member, and the rules and regulations prescribed by the Mayor and Council in respect thereto. The exemption shall be granted by the Mayor and Council irrespective of the fact that the company or companies to which the member has belonged may not have been accepted by the Borough for the entire period of seven years, so long as the company, at the time the exemption is granted, has been duly accepted as a fire company of the Borough.
b. 
Issuance of Certificate. Upon the granting by the Mayor and Council of the exemption, there shall be issued to the exempt fireman a certificate of exemption signed by the Mayor and attested by the Clerk.
c. 
Retirement. There shall be no mandatory retirement as an active member of the Moonachie Fire Department.
When any member of the Moonachie Fire Department shall have served as an active member in any fire company for not less than 20 years, said member may, on application therefor, become and continue to be an inactive member. The company limitation of 35 refers to active members and there can be as many inactive members as shall be entitled to such status as herein provided. Inactive members shall receive an annual clothing allowance of $250. No such member shall be required to perform any firematic duties. No such member shall vote for any officers or hold any office in the Moonachie Fire Department.
[Ord. #73-1, § 5; Ord. #74-4, § 1; Ord. #81-10, § 1; 1970 Code § 2-11.11; Ord. #92-19, § 1]
To become a member of the Moonachie Fire Department or any unit thereof, a candidate shall be over 18 years of age, a citizen of the United States and a resident of the Borough for more than six months. His election shall be approved by the Board of Fire Officers and the Borough Council. The requirements herein may be waived by the enactment of an appropriate resolution by the Mayor and Council upon good cause being shown.
An applicant for membership in the Moonachie Fire Department must agree to any and all reasonable Police and motor vehicle reviews of the said applicant's history on such forms as shall be promulgated by the appropriate authorities.
[Ord. #77, § 3; 1970 Code § 2-11.12; Ord. #92-19, § 1]
An applicant for membership in the Moonachie Fire Department must present a certificate from a licensed practicing physician indicating that the applicant is in good physical and mental condition and must also present a certificate from a practicing dental surgeon to the effect that careful examination has been made of the applicant's mouth, gums and teeth and that they are free from disease.
[Ord. #77, § 3; 1970 Code § 2-11.13]
Upon the election of a member by any fire company organized or recognized under this section, the secretary of the company shall present the name of the elected member to the Board of Fire Officers at the first meeting of the Board following the election, and if the election is approved by the Board, the secretary of the Board shall forward the name of the member to the Council at the first meeting following approval by the Board, and if the name of the member so elected is approved by the Council, it shall be entered by the Clerk in a book to be kept for that purpose and to be known as the Register of the Fire Department, which book shall contain a full and correct copy of this section as well as the names of all of the members of the Fire Department, the date of their admission and their place of residence. Upon approval by the Council, a certificate shall be issued to the member, signed by the Mayor and attested by the Clerk, certifying that the person therein named is a duly qualified fireman of the company named of the Borough.
[Ord. #77, § 1; 1970 Code § 2-11.14; Ord. #94-12]
Every active member of the Moonachie Fire Department shall, in each and every year, perform at least 60% of duty, and every active life member shall perform at least 40% of duty, such being composed of answering fire alarms, actual attendance and duty at fires, drills and special duties as set by the Chief. The number of drills shall not exceed 20 in any year.
[Ord. #20, § 13; 1970 Code § 2-11.15]
In case any member of the Fire Department shall move from the Borough and not return within three months, he shall cease to be a member and shall forfeit all rights as a member, provided that the Council at any regular meeting, upon written application, may grant to any member of the Fire Department a leave of absence for such period or periods during any year as it may deem appropriate; and provided also that the total grant or leave of absence to any member shall not exceed three months in any year, except by special permission of the Council. All furlough time granted shall be served to complete the seven years service required by the statutes of the State of New Jersey to entitle any fireman to a certificate as an exempt fireman.
[Ord. #20, § 14; 1970 Code § 2-11.16]
The government and management of every fire company shall be according to the constitution, by-laws and rules which may be adopted by the company, and approved by the Board of Fire Officers, provided the same shall not be inconsistent with the provisions of this section and such rules and regulations for the organization and efficiency of the Fire Department which may be adopted by the Council.
[Ord. #20, § 15; 1970 Code § 2-11.17]
No fire engine, hook and ladder truck, hose cart, fire carriage or chemical wagon shall at any time during the existence of any fire in the Borough, or alarm of fire, be taken out of any fire house unless at least one member of the company is present and consents thereto.
[Ord. #20, § 16; 1970 Code § 2-11.18]
No fire company admitted or organized under this section may take the apparatus in its charge to attend fires outside of the Borough upon a call for their services, without orders of the Chief or an Assistant Chief, or the Mayor, provided at least two firemen belonging to the company shall be present and consent thereto.
[Ord. #20, § 1970 Code § 2-11.19]
The officers and members of the Fire Department shall at all times be subject to and under the control of such rules and regulations as the Council may adopt.
[Ord. #20, §§ 18 — 20; 1970 Code § 2-11-20; Ord. #94-12]
a. 
Established. Every active member of the Moonachie Fire Department who shall perform at least 60% of fire duty, and every active life member who shall perform at least 40% of duty, to include what is set forth in subsection 2-14.15, shall be paid a clothing allowance as determined by the Board of Fire Officers in the manner hereinafter provided. Any member who is prevented from such performance of duty by sickness or absence from the Borough, shall be paid a clothing allowance as determined by the Board of Fire Officers, in a manner hereinafter provided. All such amounts are subject to approval and appropriation of monies by the Mayor and Council.
b. 
Certified Report Required. On or before November 1, in each year, the Board of Fire Officers shall submit to the Council a report in writing, stating the percentage of service rendered by each fireman during the year ending on October 1 last past, the names of those who were prevented from active duty by reason of illness or actual or necessary absence from the Borough, the duration of the illness or cause of such absence, that the board has investigated such illness and the cause of such absence, that after investigation it finds such illness or absence to have been for reasonable and proper cause, and that the fireman is or is not entitled to be paid the yearly compensation, and the amount due each member. The report shall be certified under the hands of the members of the Board of Fire Officers, or a majority of them, and sworn to by the Chief of the Department (or Assistant Chief in case of the absence of the Chief) and thereupon the Council at a subsequent regular meeting shall cause warrants to be issued for the payment of the amount due to each fireman, in accordance with the report. Any fireman feeling himself aggrieved by the report may appeal to the Council and the appeal shall be heard by the Council after giving the Board of Fire Officers and the appealing member at least three days' notice of the time and place of the hearing.
c. 
Prorata Share. Any member of the Department serving less than one year shall be paid a prorata share of the compensation for the period of his service. A new member shall be paid from the time of his admission, and a returning member shall be paid for his service up to the time of his resignation or the severance of his relation with the Fire Department, provided he should have performed 60% of the fire duty during the time he is connected with the Department.
[Ord. #00-6, § 1]
A Length of Service Awards Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the Moonachie Fire Department for their loyal, diligent, and devoted services to the residents of the Borough of Moonachie.
[Ord. #00-6, § 2]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Moonachie pursuant to P.L. 1997, c.388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.[1]
[Ord. #00-6, § 3; Ord. #2002-4, § 1; Ord. #2006-5, § 1]
N.J.A.C. 5:30-14.9, allows the maximum contribution of the sponsoring agency may be increased from the amount previously approved by referendum by the voters of the Borough of Moonachie. The amount of $1,150 may be increased by Cost of Living Adjustment for each year beginning with 2007 prospectively subject to Mayor and Council approval.
[Ord. #00-6, § 4]
The estimated cost of the program has been calculated as follows:
For regular annual service: $28,750 per year.
[Ord. #2006-6, § 1]
A Length of Service Award Program (LOSAP) is herewith created in accordance with Chapter 388 of the Laws of 1997, to reward members of the volunteer First Aid and Rescue Squad for their loyal, diligent, and devoted services to the residents of Borough of Moonachie.
[Ord. #2006-6, § 2]
The LOSAP shall provide for fixed annual contributions to a deferred income account for each volunteer member that meets the criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Moonachie pursuant to P.L. 1997, c. 388; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
[Ord. #2006-6, § 3]
The LOSAP shall provide for annual contribution to each eligible member that meets the criteria as follows:
LOSAP POINT SCHEDULE
General Provisions:
a. 
Earning 100 points will award an eligible year of service.
b. 
Member is vested after five qualifying years.
c. 
A minimum four points per calendar year each must be earned from fundraising and recruitment. The remaining points must be earned in a minimum of three other categories as listed below.
Categories:
1. 
Training Courses — 20 point maximum.
One point per training hour attended (No points accrue for traveling hours or overnight stay hours)
This includes, but is not limited to, Squad-sanctioned activities, such as:
(a) 
Gold Cross CEU's
(b) 
In house training
(c) 
Hands on practice
(d) 
Training located off squad premises
(e) 
Video, computer, or other technical training
2. 
Drills - 10 point maximum
One point per drill minimum of two hour drill; any drill over two hours, add one point per additional hour attended. This includes, but is not limited to Squad-sanctioned activities, such as:
(a) 
County drills.
(b) 
Rescue drills.
(c) 
Driver Training courses.
(d) 
Airport drills.
3. 
Duty Period — 20 point maximum.
(a) 
One point per six hour duty period, as defined in squad by-laws.
(b) 
Two points per 12 hours duty period, regardless of number of calls answered.
(c) 
Members with 30 years of service, or those disabled, shall be exempt from this category, but shall remain eligible for LOSAP, provided that the required points are earned in another category.
Duty Period Requirement.
One point per duty period. One point per second call answered outside of duty period. Two points awarded for a full 2nd rig duty period, regardless number of calls answered. Maximum 20 points per year.
Members are required to be available for their duty period as defined in the Moonachie First Aid and Rescue Squad by-laws.
Members shall not receive credit for any duty period that someone else covers on their behalf.
Members must complete all tasks required in the squad by-laws while on duty to receive credit.
Members must be willing, ready, and able to perform duty period.
Members with 30 years of service, or those disabled, shall be exempt from this requirement, but shall remain eligible for LOSAP benefits, provided that the required points are earned in other categories.
4. 
Elected and appointed positions - 20 points maximum
(a) 
Five points awarded for every three full months served.
5. 
Attendance at meetings — 20 points maximum.
(a) 
One point per squad sanctioned meeting attended.
6. 
Fundraising and Recruitment — maximum 20 points, one point per hour.
(a) 
Minimum four points must be earned in fundraising.
(b) 
Minimum four points must be earned in recruitment.
7. 
Miscellaneous squad sanctioned activities — 20 points maximum.
(a) 
One point per hour, up to eight points per activity per day.
8. 
Service time, not continuous riding time:
(a) 
One point awarded per year of service, includes all past years served. Maximum 30 points.
9. 
Actual Calls answered — 30 points maximum
(a) 
Ten points for 200 + calls.
(b) 
20 points for 400 + calls.
(c) 
30 points for 600 + calls.
[Ord. #2006-6, § 4]
The annual contribution for each year of current, and future service to eligible active volunteers of the Moonachie First Aid and Rescue Squad shall be $1,150, with the annual COLA increase beginning 2007. While the maximum amount is set by statute, it is subject to periodic increases that are tied to the consumer price index (CPI). The permitted maximum amount may be issued annually, subject to Mayor and Council approval according to the emergency services volunteer length of service award program act. (N.J.S.A. 40A:14-185(f) and N.J.A.C. 5:30-14.9).
This program shall not provide for contributions for prior years service.
[Ord. #2006-6, § 6]
Each active volunteer member shall be credited with points for volunteer service provided to the volunteer First Aid and Rescue Squad in accordance with the schedule set forth hereinabove in subsection 2-14B.3.
[1970 Code § 2-12.1]
Within the Department of Buildings and Grounds and Inspections, the working foreman shall supervise the maintenance of all Borough recreation areas, buildings and grounds, and all Borough-owned property, including streets, lawns and shrubs.
[1970 Code § 2-12.2; Ord. #90-4]
Within the Department of Buildings and Grounds and Inspections, there shall be a Division of Inspections, the head of which shall be the Construction Official. The Construction Official shall be appointed by the Mayor, with the advice and consent of the Council, to serve for a term of one year. Prior to his appointment he shall be qualified by training and experience in the duties of Construction Official.
[1970 Code § 2-12.3; Ord. #90-4]
The Construction Official shall serve as the Zoning Officer and shall issue Certificates of Occupancy. The Construction Official shall:
a. 
Enforce the building code and have all the powers, functions and duties prescribed by general law and ordinance for Construction Official.
b. 
Keep a record of his proceedings, a permit book and complaint book, all of which shall be subject to inspection. He shall report regularly to the Mayor and Council, at their direction, the number of permits issued, the estimated cost of such work and the fees received and paid by him to the Treasurer.
c. 
Work such hours and be present daily at the Municipal Building at such times as designated by resolution of the Mayor and Council.
[Ord. #2011-5]
The Mayor and Council of the Borough of Moonachie is the Governing Body which supports and promotes the organizations within the Borough that provides fire protection, first aid and rescue squad services to the taxpayers and residents of the Borough of Moonachie.
[Ord. #2011-5]
There is a legal and moral responsibility to provide fire protection, first aid and rescue squad services in a safe and effective manner for the benefit of both volunteers and residents.
[Ord. #2011-5]
a. 
There exists a pressing need to promulgate rules, regulations, procedures and policies to effectively and safely provide these emergency services, and therefore:
1. 
No one under the age of 21 is permitted to drive any emergency vehicle of the Fire Department, First Aid and Rescue Squad.
2. 
All drivers must successfully attend and pass a CEVO (defensive driving) course by January 1, 2012 before they can operate an emergency vehicle.
3. 
Emergency vehicles are not permitted to be used for non-emergency calls without an officer's permission except for fuel or maintenance.
4. 
All personnel shall wear seatbelts at all time unless patient care is compromised or otherwise necessary or patient care.
5. 
All emergency vehicles shall come to a complete stop at all traffic lights, stop signs, and railroad crossings without exception.
6. 
The operator and officer shall be responsible for obeying all traffic laws and the safety consideration of all passengers including maintain posted speed limits and rights-of-way.
7. 
Lights and sirens shall not be permitted unless engaged in an emergency call or response and in that event both must be used simultaneously.
8. 
All emergency vehicles shall maintain communications with the police dispatcher in order to provide and share location and logistical information.
9. 
At no time shall any driver operate any emergency vehicle under the influence of alcohol or drugs.
10. 
The Organization's Policies and Procedures shall be updated and codified and brought to the current standards and reviewed on a regular basis. From the Policies and Procedures Manual, Standard Operating Procedures (SOPs) will be derived and distributed to the members to ensure consistent adherence.
11. 
The Borough's Policies and Procedures Manual shall be adopted in its entirety and adhered to the extent applicable as volunteer emergency service organizations.
[1970 Code § 2-13.1]
The Borough Attorney shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be an attorney-at-law of New Jersey but need not be a resident of the Borough. In lieu of appointing an individual attorney, Council may appoint a firm of attorneys, all members of which shall be attorneys-at-law of New Jersey. The attorney shall not receive a fixed salary but shall be paid such retainer as may be agreed upon and authorized by the Council, plus such fees and charges as shall be deemed reasonable.
[1970 Code § 2-13.2]
The attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by general law or ordinances of the Borough. He shall represent the Borough in all judicial and administrative proceedings in which it or any of its officers or agencies may be a party or have an interest. He shall give all legal counsel and advice where required by the Mayor and Council, or any member thereof, and shall in general serve as the legal advisor to the Mayor and Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, the Borough Attorney shall:
a. 
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.
b. 
With the approval of the Mayor and Council, conduct appeals from orders, decisions or judgments affecting any interest of the Borough as he may in his discretion determine to be necessary or desirable or as directed by the Mayor and Council.
c. 
Subject to the approval of the Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
d. 
Render opinions in writing upon any question of law submitted to him by the Mayor and Council, or any member thereof, with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Mayor and Council in the administration of municipal affairs.
e. 
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Council may authorize for special or regular employment in or for the Borough.
[Ord. #79-16, § 2; 1970 Code § 2-26.2]
The Prosecutor shall be appointed by the Mayor and Council and shall prosecute offenses in the Municipal Court. He shall perform other duties assigned to him by the Mayor and Council.
[Ord. #79-16, § 3; 1970 Code § 2-26.3]
The Prosecutor shall be paid for his services by vouchers submitted and approved by the Mayor.
[1970 Code § 2-14.1]
There shall be a Borough Engineer who shall be appointed by the Mayor and Council for a term of one year. In lieu of appointing an individual, the Mayor and Council may appoint a firm of engineers, each member of which shall be a licensed civil engineer of the State of New Jersey. The Borough Engineer shall receive such compensation as may be agreed upon and determined by the Council. He shall be a duly licensed civil engineer of the State of New Jersey.
[1970 Code § 2-14.2]
The Borough Engineer shall perform such duties as are prescribed by general law and ordinance, and in addition shall:
a. 
Prepare, or cause to be prepared, plans, designs and specifications for public works and improvements undertaken by the Borough, either on force account or by public contract.
b. 
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.
c. 
Operate, maintain and repair the Borough storm sewer system.
d. 
Provide technical and engineering advice and assistance to other Borough departments as needed.
e. 
All papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Borough Engineer shall be and remain the property of the Borough. Upon the termination of his service with the Borough, the Borough Engineer shall forthwith surrender to any successor all such property.
[1970 Code § 2-15.2]
The Borough Physician shall be appointed by the Mayor with the advice and consent of the Council for a term of one year. He shall be a licensed physician of the State of New Jersey but need not be a resident of the Borough.
[Ord. #190, §§ 2 — 4; 1970 Code § 2-15.3]
The Borough Physician shall examine persons charged with drunken driving. The Borough Physician shall examine or cause to be examined any employee of the Borough who reports sickness or disability which may incapacitate such employee for employment with the Borough. The Borough Physician shall perform such other duties and shall keep such records as prescribed by resolution of the Mayor and Council.
[Ord. #190, § 5; 1970 Code § 2-15.4]
The Borough Physician shall receive such fees for services as shall be designated by resolution of the Mayor and Council.
[Ord. #98-5, § 1]
A person applying for representation by a Municipal Public Defender or Court approved counsel shall be required to pay an application fee of not more than $200 but only in an amount necessary to pay the costs of Municipal Public Defender services. In accordance with guidelines promulgated by the Supreme Court, the Municipal Court may waive any required application fee, in whole or in part, only if the Court determines, in its discretion, upon a clear and convincing showing by the applicant that the application fee represents an unreasonable burden on the person seeking representation. The Municipal Court may permit a person to pay the application fee over a specific period of time not to exceed four months.
[Ord. #98-5, § 2]
Funds collected pursuant to subsection 2-27.1 of this section shall be deposited in a dedicated fund administered by the Chief Financial Officer of the municipality. Such fund shall be used exclusively to meet the costs incurred in providing the services of a Municipal Public Defender including, when required, expert and lay investigation and testimony.
[Ord. #112, § 1; 1970 Code § 2-16.1]
There shall be a Municipal Court in the Borough pursuant to the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, to be known as the Municipal Court of the Borough of Moonachie, Bergen County. The Municipal Court shall have a seal bearing the impress of the name of the Court. The Court shall be held in the Borough Hall or such other place as the Council shall designate and shall exercise all of the functions, powers, duties and jurisdiction conferred upon municipal courts by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or any other law.
[Ord. #112, § 2; 1970 Code § 2-16.2]
There shall be a Municipal Judge of the Municipal Court appointed by the Mayor with the advice and consent of the Council. The Municipal Judge shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
The Municipal Judge shall have and possess the qualifications, and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by general law or ordinance.
[1970 Code § 2-16.3]
There shall be a Clerk of the Municipal Court who shall be appointed by the Mayor and Council and who shall perform such functions and duties as shall be prescribed for him by law, the rules applicable to municipal courts, and by the Municipal Judge. His duties shall include, but not be limited to:
a. 
Carrying out the rules, regulations, policies and procedures relating to the operation of the court.
b. 
Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to court matters.
c. 
Maintaining the financial records of the court.
d. 
Attending court, taking minutes of the trials and entering them in the docket; arranging trial calendars; signing court documents; preparing and issuing warrants and commitments.
e. 
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.
f. 
Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issue summonses requiring court appearances in this regard; maintaining and classifying records and files.
[Ord. #90-7, § 1]
There shall be a local assistance board composed of five persons. One of the five persons shall be a woman and all of said members shall be appointed by the Mayor upon the approval of the Governing Body and shall serve without compensation but shall be allowed their necessary and actual expenses.
[Ord. #90-7, § 1]
The term of one member shall be for one year and such member only may be appointed from among the membership of the Governing Body of the Municipality and the terms of the other members thereof shall be as follows:
a. 
The terms of the remaining members shall be for four years each, one term expiring each year.
b. 
The term of each member of a local assistance board shall begin on the first day of January, and each member shall continue in office until his successor shall be appointed and shall qualify.
c. 
Vacancies shall be filled for the unexpired terms only.
[Ord. #90-7, § 1]
a. 
The Local Assistance Board shall organize and select a chairman and a secretary and shall appoint a director of welfare who shall be the first Executive and Administrative Officer of the Board. The Director shall hold office for a term of five years from the date of his appointment and shall be paid such salary as may be fixed by such board subject to approval by the Governing Body. Nothing herein shall be construed to make the overseer of the poor of a municipality ineligible for appointment also as director of welfare by such local assistance board.
b. 
In case of vacancy in the Office of Director of Welfare, one temporary or acting director may be appointed to serve for not more than 90 days.
c. 
Other employees, including assistants, clerks, investigators and nurses, in such number as may be necessary to properly administer public assistance, shall be appointed in the same manner as other employees.
d. 
No employees of the Welfare Department whose compensation is paid from funds received or appropriated for public assistance or the administration thereof in any manner shall hold any office in any political party.
[Ord. #90-7, § 1]
The Director of Welfare shall perform the following duties:
a. 
Supervise by periodic investigation every person receiving public assistance, such investigation to be made by visitation at least once a month.
b. 
Reconsider from month to month the amount and nature of public assistance given and alter, amend or suspend the same when the circumstances so require.
c. 
Devise ways and means for bringing persons unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do.
d. 
Keep full and complete records of such investigation, supervision, assistance and rehabilitation, and of all certifications of persons for employment or benefits and cancellations thereof, in such manner and form as required by the Commissioner.
e. 
Bring about appropriate action for commitment to any State or County institution when the best interests of the needy persons would be so served.
f. 
Act in accordance with the dictates of N.J.S.A. 44:8-119 through 127 and any other applicable Governmental mandates.
[Ord. #11, §§ 1 — 3; 1970 Code § 2-20.1]
There shall be a Board of Health in the Borough consisting of five members appointed by the Mayor with the advice and consent of the Council. Members shall be appointed for a term of three years, except that of the members first appointed, one shall hold office for one year, two for two years and two for three years. Appointments to fill vacancies shall be made in the same manner as original appointments and all such appointments shall be for the unexpired term only.
[Ord. #11, §§ 4 — 6; 1970 Code § 2-20.2]
The Board of Health shall have the power and authority to adopt ordinances relating to the protection of the health of Borough residents, shall employ necessary personnel and fix their salaries, and shall have under its jurisdiction the Bureau of Vital Statistics, the Health Officer and such other employees as are necessary to carry out its duties. The Board of Health shall have all of the jurisdiction conferred upon boards of health by Title 26 of the Revised Statutes.
[1970 Code § 2-21]
There shall be an Emergency Management Council pursuant to Chapter 438 of the 1956 Laws of New Jersey, N.J.S.A. App. A:9-41 and a Director thereof. The Police Department and all departments of the Borough government shall cooperate with and assist the Council as required.
[1970 Code § 2-22.1]
The Council finds that there has existed for not less than 10 years in the Borough unimproved vacant land, commonly called "meadowlands", which by reason of its topography and the nature of its soil, is not likely to be developed through the instrumentality of private capital, and thus produces insufficient income to enable the owners thereof to pay reasonable taxes to be assessed thereon and is not productive for either residential, commercial or manufacturing use. These areas should be developed for the improvement of the Borough, and it is in the public interest that work on projects for such purposes be commenced as soon as possible. The conditions described herein have existed in other municipalities on the account of the presence therein of meadowlands. Development of the meadowlands within the Borough can be best facilitated in connection with a comprehensive development plan embracing some or all of the municipalities containing meadowlands.
[1970 Code § 2-22.2; Ord. #90-4]
Pursuant to the provisions of Chapter 306 of New Jersey Sessions Laws of 1949, N.J.S.A. 40:55C1 et seq., which authorizes the creation of the Hackensack Meadowlands Development Commission, the Borough and the other municipalities passing similar ordinances do agree that there shall be created and they do hereby create a public body corporate and politic to be known as the Hackensack Meadowlands Development Commission.
[1970 Code § 2-22.3]
The Hackensack Meadowlands Development Commission shall constitute an instrumentality of the Borough and of any other Municipality creating by a similar ordinance the Hackensack Meadowlands Development Commission.
[1970 Code § 2-22.5]
There shall be two members of the authority appointed by the Mayor, with the advice and consent of the Council, to serve for three-year terms as the Borough representatives on the authority.
[Ord. #76-8, § 1; 1970 Code § 2-27.1]
The Borough desires to participate in the area of operations of the Housing Authority of Bergen County throughout its territorial boundary and the jurisdiction of its Mayor and Council for the purpose of alleviating the shortage of safe and sanitary housing for low-income senior citizens.
[Ord. #76-8, § 3; 1970 Code § 2-27.3]
The Clerk is hereby authorized and directed to file a certified copy of this section with the Commissioner of the State Department of Conservation and Economic Development and with the Secretary of the Housing Authority of Bergen County.
[Ord. #75-1; Ord. #75-3; Ord. #76-6; Ord. #77-6; Ord. #78-6; Ord. #79-15; Ord. #80-9; Ord. #81-11; Ord. #84-10; Ord. #87-24; 1970 Code § 2-23; Ord. #90-16; Ord. #93-4]
a. 
Findings. Certain Federal funds are potentially available to the County of Bergen under Title I of the Housing and Community Development Act of 1974, as amended and commonly known as the Community Development Block Grant.
It is necessary to supersede an existing interlocal services cooperative agreement for the County and its people to benefit from this program.
An agreement has been proposed under which the Municipality of the Borough of Moonachie and the County of Bergen in cooperation with other municipalities will modify an interlocal services program pursuant to N.J.S.A. 40:8A-1 et seq.
It is in the best interest of the Municipality to enter into such an agreement.
b. 
Authorization and Participation. The Mayor and Council of the Borough ordain that the agreement entitled "Three Year" Cooperative Agreement: "An Agreement Superseding the Cooperative Agreement dated May 1975 and amendments thereto for the Purpose of Inserting a Description of Activities for the Twentieth Year (July 1, 1994 - June 30, 1997) Urban County Community Development Block Grant Program", to clarify the planning and implementation procedures, and to enable the Municipality to make a three year irrevocable commitment to participate in the Community Development Program for the Program Years 1994, 1995 and 1996 (July 1, 1994 - June 30, 1997) be executed by the Mayor and Municipal Clerk in accordance with the provisions of law.
a. 
Preamble. The Borough of Moonachie seeks to continue and enhance the provision of cost effective police services. The Boroughs of Teterboro and the Borough of Little Ferry have indicated their desire to enter into an Interlocal Services Agreement for the provision of police services to the Borough of Teterboro, substantially upon the terms and conditions of the attached agreement.
N.J.S.A. 40:81-1 et seq., as amended, the Interlocal Services Act, specifically authorizes two or more municipalities to enter in a contract for the joint provision of police and other municipal services.
The Mayor and Council of the Borough of Moonachie have determined that the execution of the attached Interlocal Services Agreement is in the best interest of the Borough of Moonachie and is likely to enhance the provision of cost effective police services.
b. 
Title. This subsection shall be known and may be cited as the "Interlocal Service Ordinance for Police Services" of the Borough of Moonachie.
c. 
Authorization to Enter Agreement. Pursuant to N.J.S.A. 40:8A-1 et seq., the Borough of Moonachie is authorized to enter into an agreement with one or more other municipalities for the provision of police services.
d. 
Execution of Agreement. The Mayor of the Borough of Moonachie is authorized to execute an agreement with the Borough of Teterboro or additionally with the Borough of Little Ferry for the provision of police services to the Borough of Teterboro, substantially upon the terms and conditions set forth in the attached agreement, subject to such amendments as shall be approved by the respective Borough's Attorney.
[Ord. #96-9, §§ I — III]
a. 
Preamble. The Borough of Teterboro is in need of the services of a Municipal Emergency Management Coordinator and Deputy Coordinator under the statutes made and provided.
The Borough of Moonachie and the Borough of Little Ferry have indicated their desire to enter into an Interlocal Services Agreement for the provision of such services, substantially upon the terms and conditions of the attached agreement.[1]
N.J.S.A. 40:8a-1 et seq. as amended, the Interlocal Services Act, specifically authorizes two or more municipalities to enter into contracts for the joint provision of municipal services.
The Mayor and Council of the Borough of Moonachie have determined that the execution of the attached Interlocal Services Agreement[2] is in the best interests of the Borough of Teterboro and is intended to fulfill the lawful responsibilities of Teterboro with respect to the provision of Emergency Management Coordinator services under applicable law.
[1]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk.
[2]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk.
b. 
Title. The subsection shall be known and may be cited as "The Interlocal Service Ordinance for Emergency Management Coordinator Services and for Deputy Coordinator between the Borough of Teterboro, the Borough of Moonachie and Borough of Little Ferry".
c. 
Authorization to Enter Agreement. Pursuant to N.J.S.A. 40:8A-1, et seq. the Borough of Moonachie is authorized to enter into an agreement with the Boroughs of Teterboro and/or the Borough of Little Ferry for the provision of such Emergency Management Coordinator Services.
d. 
Execution of Agreement. The Mayor of the Borough of Moonachie is hereby authorized to execute an agreement with the Borough of Teterboro and/or additionally the Borough of Little Ferry for the provision of such services to the Borough of Teterboro, substantially upon the terms and conditions set forth in the attached agreement, subject to such amendments as shall be approved by the attorneys for the respective Boroughs.[3]
[3]
Editor's Note: The agreement referred to herein may be found on file in the office of the Borough Clerk.
[Ord. #74-5, § 3; 1970 Code § 2-24.1]
This section is authorized by Chapter 208 of the Laws of 1973, which act is known as the "Interlocal Services Act".
[Ord. #74-5, § 1; 1970 Code § 2-24.2]
The Borough of Moonachie shall enter into a contract with the Bergen County Narcotics Task Force, and the Mayor and Borough Clerk are hereby authorized to execute such contract on behalf of the Borough.
[Ord. #74-5, § 2; 1970 Code § 2-24.3]
A copy of such contract shall be attached by reference to this section as if fully reproduced herein, and the Borough Clerk shall give public notice that the contract is on file in the office of the Borough Clerk and may be reviewed by any citizen during the regular business hours.
[Ord. #219, §§ 1 — 3; Ord. #75-6; 1970 Code § 2-25.1]
a. 
Findings. The Borough has ascertained and does hereby determine that it is situate within the sewer district of Bergen County Sewer Authority or is discharging sewage directly or indirectly into a river, or its tributaries, in the State of New Jersey and can advantageously use the facilities of the proposed district sewer system of such authority, and that it will be economical and in other respects advantageous to it to have sewage and other wastes treated and disposed of by the authority on and pursuant to the terms of the contract authorized by this subsection.
b. 
Authorization to Execute. The Borough shall enter into a contract with Bergen County Sewer Authority providing for and relating to the treatment and disposal of sewage and other wastes and the cost and expense of such treatment and disposal, on the terms and conditions and substantially in the form set forth in Ord. #219 and as amended by Ord. #75-6, and incorporated into and made a part of this section as if fully reproduced herein. The Mayor shall be and he hereby is authorized and directed on behalf of the Borough to execute such contract, under the corporate seal of the Borough, which shall be affixed and attested by the Borough Clerk, and to deliver the same.
c. 
Form; Term; Conditions of Contract. Such contract shall be in substantially the form recited in Ord. #219, § 3, and as amended by Ord. #75-6, and the terms and conditions thereof are hereby approved and specifically agreed to.
[Ord. #256, §§ 1 & 2; 1970 Code § 2-27.2]
a. 
Findings. R.S. 40:63-2 provides that the governing bodies of two or more municipalities may contract to receive and care for or dispose of municipal sewage.
The Borough of Moonachie and the Township of South Hackensack deem it advisable that they should enter into an agreement in relation to the disposal of a portion of the sewage of the Township of South Hackensack.
b. 
Authorization to Execute. The proper officers of the Borough are hereby authorized and directed to enter into a contract with the Township of South Hackensack, which contract shall embrace substantially the terms as set forth in Ord. #256 and incorporated by reference into this section as if fully recited herein.
c. 
Time Effective. This subsection shall take effect if and when the Township of South Hackensack shall duly adopt an ordinance substantially embracing the same terms and provisions.
[Ord. #80-10; 1970 Code § 2-28.1; Ord. #91-7, § 1; Ord. #94-2]
This section shall be known and may be cited as the Cooperative Pricing Ordinance of the Borough of Moonachie.
[Ord. #80-10; 1970 Code § 2-28.2; Ord. #91-7, § 2; Ord. #94-2]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor is hereby authorized to enter into a cooperative pricing agreement with the lead agency.
[Ord. #80-10; 1970 Code § 2-28.3; Ord. #91-7, § 3; Ord. #94-2]
The lead agency entering into contracts on behalf of the Borough of Moonachie shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.
[Ord. #92-2]
This section shall be known and may be cited as the Regionalized Services and Cooperative Pricing Ordinance of the Borough of Moonachie.
[Ord. #92-2]
Pursuant to the provisions of N.J.S.A. 40:8A-1, et seq. and N.J.S.A. 40A:11-15(5), the Mayor is hereby authorized to enter into a regionalized services and cooperative pricing agreement with the lead agency.
[Ord. #92-2]
The lead agency entering into contracts on behalf of the Mayor and Council shall be responsible for complying with the provisions of the revised statutes of the State of New Jersey.