[Ord. No. 5-21-1906 § 1]
There shall be created in and for the Borough a Board of Health
in accordance with the provisions of the act of the Legislature of
New Jersey entitled "An act to establish in this state boards of health
and a bureau of vital statistics and to define their respective powers
and duties" approved March 31, 1887 and the several supplements thereto.
[Ord. No. O-74-07]
The Borough Clerk shall serve as the Registrar of Vital Statistics.
[Ord. No. O-74-07]
The ordinances of the Board of Health shall be enforced by the
County Health Office under agreement with the Borough of Monmouth
Beach.
[Ord. No. 1-8-46 § 1]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough, except County parks and parkways,
shall be exercised by and be under the authority of a Commission which
shall be known as the Shade Tree Commission of the Borough of Monmouth
Beach.
[Ord. No. 1-8-46 § 2]
The Commission shall consist of three members to be appointed
by the Mayor. Members shall be residents of Monmouth Beach and shall
serve without compensation.
[Ord. No. 1-8-46 § 3]
The terms of office and the powers and duties of the Shade Tree
Commission shall be as set in N.J.S.A. 40:64 the provisions of which
chapter are hereby adopted and shall be operative and in effect in
the Borough.
[Ord. No. 9-12-72 § 1]
The Borough of Monmouth Beach Environmental Commission is hereby
established pursuant to N.J.S.A. 40:56A-1 to 40:56A-5.
[Ord. No. 9-12-72 § 2; Ord. No. O-42-00]
a. The Commission shall consist of seven members appointed by the Mayor,
one of whom shall also be a member of the Planning Board and all of
whom shall be residents of the Borough.
b. The members shall serve without compensation except as hereinafter
provided.
c. The Mayor shall designate one of the members to serve as Chairman
and presiding officer of the Commission.
d. The Mayor shall appoint members for terms of three years and until
the appointment and qualification of their successors.
e. The Mayor or Board of Commissioners may remove any member of the
Commission for cause, on written charges served upon the member and
after a hearing thereon at which the member shall be entitled to be
heard in person or by counsel.
f. A vacancy on the Commission occurring otherwise than by expiration
of a term shall be filled for the unexpired term in the same manner
as an original appointment.
g. Alternate members. The Board of Commissioners may, by ordinance,
provide for the appointment of not more than two alternate members.
Alternate members shall be designated at the time of appointment by
the Board of Commissioners appointing them as "Alternate No. 1" and
"Alternate No. 2." The terms of the alternate members shall be for
two years, except that the terms of the alternate members first appointed
shall be two years for Alternate No. 1 and one year for Alternate
No. 2 so that the term of not more than one alternate member shall
expire in any one year. A vacancy occurring otherwise than by expiration
of term shall be filled by the Board of Commissioners for the unexpired
term only. An alternate member shall not be permitted to act on any
matter in which he has either directly or indirectly any personal
or financial interest. An alternate member may, after public hearing
if he requests one, be removed by the Board of Commissioners for cause.
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote first.
[Ord. No. 9-12-72 § 3]
The Commission is established for the protection, development
or use of natural resources, including water resources, located within
the territorial limits of the Borough. The Commission shall have power
to conduct research into the use and possible use of the open land
areas of the Borough and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It shall keep
an index of all open areas, publicly or privately owned, including
open marshlands, swamps and other wetlands, in order to obtain information
on the proper use of such areas, and may from time to time recommend
to the Planning Board, plans and programs for inclusion in the Master
Plan and the development and use of such areas.
[Ord. No. 9-12-72 § 4]
The Environmental Commission may, subject to the approval of
the Board of Commissioners acquire property, both real and personal,
in the name of the Borough by gift, purchase, grant, bequest, devise
or lease for any of its purposes and shall administer the same for
such purposes subject to the terms of the conveyance or gift. Such
an acquisition may be to acquire the fee or any lesser interest, development
right, easement (including conservation easement), covenant or other
contractual right (including a conveyance on conditions or with limitations
or reversions), as may be necessary to acquire, maintain, improve,
protect, limit the future use of, or otherwise conserve and properly
utilize open spaces and other land and water areas in the Borough.
[Ord. No. 9-12-72 § 5]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the Board of Commissioners.
[Ord. No. 9-12-72 § 6]
The Commission may appoint such clerks and other employees as
it may require, providing the same shall be within the limits of funds
appropriated to it by the Board of Commissioners.
[Ord. No. O-57-09 §
1; Ord. No. O-58-09 § 1; amended 2-20-2024 by Ord. No. O-01-24]
[Added 2-20-2024 by Ord. No. O-01-24]
The Mayor and Commissioners do hereby create a Recreation Committee
of Monmouth Beach and dissolve the existing Recreation Commission.
This enactment is not created under N.J.S.A. 40:12-1 et seq.
[Added 2-20-2024 by Ord. No. O-01-24]
The Committee shall consist of seven members appointed by the
Mayor and Commissioners (hereinafter "Commissioners" or "Borough Commissioners")
who shall be designated "members" and who shall be residents of the
Borough. All appointments shall be for a term of one year, to be appointed
on or about the reorganization meeting of the Commissioners. Members
shall serve until their successors are appointed and qualify, and
they shall receive no compensation for their services.
[Added 2-20-2024 by Ord. No. O-01-24]
a. The Borough Commissioners may appoint up to two alternate members
to the Committee. Alternate members shall be designated at the time
of appointment as "Alternate No. 1" and "Alternate No. 2," who shall
be appointed annually.
b. Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of the Committee. A vote shall not be delayed in order that
a regular member may vote instead of an alternate member. In the event
that a choice must be made as to which alternate member is to vote,
Alternate No. 1 shall vote.
[Added 2-20-2024 by Ord. No. O-01-24]
Any regular or alternate member who attends less than 2/3 of
the meetings for any calendar year may be discharged from the Committee
by resolution of the Borough Commissioners and, in this event, a successor
shall be appointed to serve for the unexpired term.
[Added 2-20-2024 by Ord. No. O-01-24]
a. In January of each year, the members of the Committee shall annually
elect from their own number a Chairperson and Vice Chairperson. They
may appoint a Secretary and employ such other assistants as they may
deem necessary within the limits of budget appropriations.
b. The Committee shall meet regularly at least once each month in connection
with the performance of its duties and for the consideration of matters
affecting recreation in the Borough. It shall adopt rules and regulations
for the purpose of facilitating the work of the Department and for
the purpose of regulating the conduct of the meetings of the Committee.
[Added 2-20-2024 by Ord. No. O-01-24]
The Recreation Committee shall have all the advisory powers
to assist the Borough Commissioners and continue to perform such duties
related to organization of recreational programs for the Borough.
[Added 2-20-2024 by Ord.
No. O-01-24]
There is hereby adopted a "Code of Conduct of Coaches" and regulations
governing sports and recreation on the Borough of Monmouth Beach.
[Added 2-20-2024 by Ord. No. O-01-24]
As used in this section, the following terms shall have the
meanings indicated:
BOROUGH SPORTS EVENT
Any competition, practice or instructional event involving
one or more Borough internal sports organizations.
CODE OF CONDUCT OF COACHES
A written specification of the behavior of coaches prepared
by the Borough of Monmouth Beach which will at a minimum incorporate
the terms of this section and must be consented to in writing by the
coaches of the minor participants of each youth sports organization
utilizing any facilities or properties owned, controlled, leased or
operated by the Borough.
INTERNAL SPORTS ORGANIZATION
Any sports organization pursuant to a Borough-sponsored or
a nonprofit or similar charter which is affiliated with or receives
monetary or other support or services from the Borough of Monmouth
Beach or regularly utilizes any facilities owned, operated, or maintained
by the Borough, which sports organization participates in sporting
competitions involving minors, whose sports events are sponsored solely
by the Recreation Commission.
The coaches of every sports organization shall be required to
follow the Code of Conduct, set forth as follows:
I hereby pledge to be responsible for my words and actions while
coaching in a Borough sports event and shall conform my behavior to
the following Code of Conduct:
1. I will not engage in unsportsmanlike conduct with any coach, parent,
player, participant, official or any other attendee.
2. I will not encourage any child, or any other person, to engage in
unsportsmanlike conduct with any coach, parent, player, participant,
official or any other attendee.
3. I will not engage in any behavior which would endanger the health,
safety or well-being of any coach, parent, player, participant, official
or any other attendee.
4. I will not encourage any child, or any other person, to engage in
any behavior which would endanger the health, safety or well-being
of any coach, parent, player, participant, official or any other attendee.
5. I will not use drugs or alcohol while at a youth sports event and
will not coach or participate in a youth sports event while under
the influence of drugs or alcohol.
6. I will not permit any child, or encourage any other person, to use
drugs or alcohol at a youth sports event and will not permit any child,
or encourage any other person, to attend, coach, officiate or participate
in a youth sports event while under the influence of drugs or alcohol.
7. I will not engage in the use of profanity.
8. I will not encourage any child, or any other person, to engage in
the use of profanity.
9. I will treat any coach, parent, player, participant, official or
any other attendee with respect regardless of race, creed, color,
national origin, sex, sexual orientation or ability.
10. I will encourage any child to treat any coach, parent, player, participant,
official or any other attendee with respect regardless of race, creed,
color, national origin, sex, sexual orientation or ability.
11. I will not engage in verbal or physical threats or abuse aimed at
any coach, parent, player, participant, official or any other attendee.
12. I will not encourage any child, or any other person, to engage in
verbal or physical threats or abuse aimed at any coach, parent, player,
participant, official or any other attendee.
13. I will not initiate a fight or scuffle with any coach, parent, player,
participant, official or any other attendee.
14. I will not encourage any child, or any other person, to initiate
a fight or scuffle with any coach, parent, player, participant, official
or any other attendee.
15. I will abide by any decision rendered by the Code of Conduct Committee
or the Borough Recreation Committee.
_____________________________
Signature
|
[Added 2-20-2024 by Ord. No. O-01-24]
The Code of Conduct of Coaches will be made available to all
coaches and players, parents and legal guardians of each child participating
in a sports organization.
[Added 2-20-2024 by Ord. No. O-01-24]
a. A coach who violates one or more of the provisions contained in the
Code of Conduct may be banned from attending, coaching, or participating
in at least one Borough sports event if the person:
1. Has been issued a prior written warning for violating one or more
of the provisions contained in the Code of Conduct of Coaches;
2. Throws or causes to be deposited any object on the field of play,
court or rink during any youth sports event; or
3. Violates the Code of Conduct of Coaches by engaging in verbal or
physical threats or abuse aimed at any coach, parent, player, participant,
official or any other attendee.
b. Any coach at any Borough sports event who participates in a fight,
scuffle, or any type of physical confrontation, abuse or threats of
abuse towards any player, coach, official, parent, or spectator will
be banned from attendance at all Borough sports events within the
Borough of Monmouth Beach for a period to be determined by the Code
of Conduct Committee.
c. Any violation of a discipline or ban issued by the Code of Conduct
Committee of the Recreation Committee may result in additional penalties
being added to the discipline or ban.
[Added 2-20-2024 by Ord. No. O-01-24]
Any coach at any Borough sports event shall be subject to the
authority of all field officials, including umpires, referees, elected
league officials, Recreation Commission personnel or coaches of the
Borough sports event. This authority shall include the authorization
to direct any person or persons involved in any incident in violation
of this section or the Code of Conduct to immediately remove themselves
or be removed from the premises.
[Added 2-20-2024 by Ord. No. O-01-24]
a. Any violations of the Code of Conduct of Coaches will fall under
the jurisdiction of Borough sports event officials.
b. Any person receiving a penalty from Borough sports event officials
who wishes to contest the same shall appeal to the Recreation Committee
within 14 calendar days from the date of the penalty by forwarding
a written statement of the penalty and the basis of such person's
contest of the penalty via personal delivery, fax or certified mail
to the Chairperson of the Recreation Committee, c/o Borough of Monmouth
Beach, 22 Beach Road, Monmouth Beach, New Jersey 07750.
c. Should no penalty be issued by Borough sports event officials, any
individual involved in an incident which may violate the Code of Conduct
of Coaches may report the incident to the Recreation Committee within
14 calendar days from the date of the incident to the Chairperson
of the Recreation Committee, c/o Borough of Monmouth Beach, 22 Beach
Road, Monmouth Beach, New Jersey 07750.
d. Upon receipt of such appeal, or upon receipt of a complaint from
a parent, official, coach, Recreation Committee personnel, spectator,
or participant, three members of the Recreation Committee shall convene
within 14 calendar days and provide an opportunity for said person
and any interested person or persons to appear and be heard with respect
to the occurrence of any violation and action taken by the Borough
sports event officials.
e. The three members of the Recreation Committee will review statements,
firsthand accounts and any other pertinent information or documentation
relevant to the violation and, upon a majority vote of the members
of the Recreation Committee present at such hearing, may sustain,
overturn, or modify the penalty by increasing or decreasing the penalty,
if any, or issue a penalty where none was previously issued, consistent
with this chapter or the Code of Conduct.
f. Any person who has been issued a penalty other than a ban from attending,
coaching or participating in a Borough sports event will be reinstated
with full rights and authority until such time that a determination
and disposition of his/her appeal has been made by the members of
the Recreation Committee who hear the appeal.
g. All notices of banning shall remain in effect until overturned or
modified by the three members of the Recreation Committee.
h. In the event any notice of violation is not appealed within 14 calendar
days of such notice, said notice of violation and action taken by
the official or the Recreation Committee, including banning from Borough
sports events, or other action taken shall become final.
i. Any person who, in violation of a finding of the Recreation Committee,
knowingly enters onto facilities or properties owned, controlled,
leased or operated by the Borough, after being given notice of a ban
pursuant to this section, shall be subject to prosecution as a defiant
trespasser pursuant to N.J.S.A. 2C:18-3 or such other provisions of
the law deemed appropriate.
[Ord. No. O-90-11]
The following terms as used in this section shall have the meaning
set forth below unless the context within which the term is used clearly
provides for a different meaning:
APPOINTED MUNICIPAL POSITION
Any appointed position within the Borough, which is created
either by statutory law or by ordinance or resolution. Examples of
such positions are a member of any board, commission, agency, council
or committee of the municipality.
APPOINTING AUTHORITY
The official or body that by virtue of statutory law or by
ordinance or resolution is given the authority to appoint a person
to hold a particular appointed municipal position.
[Ord. No. O-90-11]
The Borough Clerk shall cause a Register of Appointed Municipal
Positions to be prepared and maintained in conformance with N.J.S.A.
40A:9-9.2a. Such Register shall be made available on the Borough's
website and at the Borough Clerk's Office.
[Ord. No. O-90-11]
The Borough Clerk shall maintain an application form to be completed
by any eligible person interested in serving in an appointed municipal
position in conformance with the provisions of N.J.S.A. 40A:9-9.2b(2).
[Ord. No. O-90-11]
The Borough Clerk shall maintain all filed Citizen Leadership
Forms in a file, binder, or accessible electronic format segregated
for each authority, board or commission for a period not to exceed
three years, or pursuant to applicable records retention statutes
and regulations.
[Ord. No. O-90-11]
a. A vacancy shall be determined to exist on any Borough board, committee,
commission, authority or other applicable municipal agency, whenever
a member, without being excused by a majority of the authorized members
of such body, fails to attend and participate at meetings of such
body for a period of eight consecutive weeks, or for four consecutive
regular meetings, whichever shall be of longer duration.
b. The applicable body upon which such a vacancy has been determined
to have occurred shall notify the appointing authority in writing
of such determination; provided, however, that such a vacancy is not
due to a legitimate illness.
c. Whenever a vacancy shall be deemed to have occurred pursuant to the
reason set forth under N.J.S.A. 40A:9-12.1 or pursuant to the terms
of this section, the appointing authority shall forthwith fill the
office for the unexpired term in the manner prescribed by law, ordinance
or resolution.
[Added 6-27-2017 by Ord.
No. O-04-2017]
As the Mayor and Commissioners deem it in the public interest
and for the health, safety and welfare of the general public to promote
visual appearance and quality of life through beautification efforts
in the Borough of Monmouth Beach and such goals will be promoted by
the creation of a Beautification Committee in and for the Borough
of Monmouth Beach (hereinafter "the Beautification Committee" or "the
Committee").
[Amended 10-27-2020 by Ord. No. O-09-20]
The Beautification Committee shall consist of such members as
approved by the Mayor and Commissioners who shall be appointed to
a one-year term. Such members may be residents, nonresidents and/or
persons with businesses in Monmouth Beach. Nonresidents are eligible
for membership and may also serve as officers on the Executive Board
of the Committee.
[Amended 10-27-2020 by Ord. No. O-09-20]
The Committee organizational meeting and subsequent meetings
shall be at a time and place set forth by the Committee when it determines
such meetings are necessary but no less than four (4) meetings per
year. Annually, at the organizational meeting, a chairperson, vice-chairperson,
secretary and treasurer shall be chosen by majority vote of the membership
of the Committee. Such officers shall serve until their successors
are elected. If an officer resigns during his or her term or the officer's
position becomes vacant for any reason, another member may be nominated
and selected to fill the vacancy by a majority vote of the members
present at the meeting following such vacancy and shall serve until
the next annual organizational meeting. Meetings, including the annual
organizational meeting, may be held in person or as virtual/remote
meetings.
a. The Chairperson shall preside at all meetings. The Chairperson shall
have the power to appoint subcommittees and subcommittee chairpersons
and perform all duties incident to this position and further stated
in this section.
b. The Vice-Chairperson shall assist the President in the discharge
of his or her duties and shall officiate for him or her in his or
her absence.
c. The Secretary shall keep the minutes of the meeting in appropriate
files and transmit same to the Borough Clerk. Copies of the minutes
from the last meeting shall be distributed to all Committee members
and Borough Clerk prior to each meeting.
d. The Treasurer shall be responsible for the books and records of the
Committee and ensure compliance with Borough requirements related
to the financial operations of the Committee.
e. The above positions shall be considered "Officers" and "Executive
Committee" as a group.
The Committee may establish subcommittees to address any matter
within the powers and duties of the Committee. Membership/appointment
to the subcommittees shall be by the Committee itself and is not limited
to residents of the Borough of Monmouth Beach. Subcommittees include,
but are not limited to:
a. Bylaws: to update and publish standard operating procedures by which the Committee will conduct its business, in accordance with Section
2-43 of the Borough of Monmouth Beach, and to suggest and seek modifications to the section with the Borough of Monmouth Beach to ensure the effective operation of the Committee.
b. Communications: to provide public information about beautification
projects and from the community
c. Fundraising: to apply for grants and raise funds to accomplish future
projects and activities.
d. Future projects: to plan for new beautification initiatives.
e. Gardening: to assist with landscaping and floral enhancements throughout
Monmouth Beach.
f. Scarecrow Festival: to establish an event through the creation and
annual public display of scarecrows that both enhances business and
the community by providing events and entertainment for locals and
visitors.
g. Sunshine: to provide encouragement to individuals and their families
who have lost loved ones; may also provide benevolent gifts.
h. Welcome Back Summer: to establish an event to kick-off the summer
season and promote local business and artisans with live music, food,
and other festivities for locals and visitors.
a. All members of the Beautification Committee shall serve without compensation.
Any expenses incurred by members while in the performance of
their duties must be preapproved by the officers and Committee and
reimbursed by the funds raised by the Committee for such activities
that warrant such expenses or by the Borough Commissioners upon submission
for payment and approval by the Borough Commissioners.
a. The Beautification Committee shall have the power to solicit monies,
funds, grants or other such monetary considerations for the purpose
of and relating to the matter of location, construction, erection,
improvement, alteration and extension and operation of any activity
designed, with the approval of the governing body, to enhance and
beautify the Borough upon lands owned or leased by the Borough and
upon lands which may be acquired by the Borough (provided prior authorization
of Borough Council is obtained).
b. The Beautification Committee shall advise the Borough Council and
make recommendations to establish and regulate such Borough beautification,
upon lands owned or leased by the Borough and upon lands which may
be acquired by the Borough.
c. The Beautification Committee shall advise the Borough Council and
make recommendations to establish and regulate permitted fundraising
activities for the purpose of establishing a Borough Municipal Beautification
Fund.
All ordinances or parts thereof inconsistent with this section
are hereby repealed as to such inconsistency.
If any section, paragraph, subdivision, clause or provision
of this section is adjudged to be invalid, such adjudication shall
apply only to section, paragraph, subdivision, clause, or provision
so adjudged and the remainder of this section shall be deemed valid
and effective.
This section shall take effect upon its passage and publication
according to law.
[Added 1-19-2021 by Ord. No. O-01-21]
The Mayor and Commissioners deem it in the public interest and
for the health, safety and welfare of the general public to create
an advisory committee to review and make recommendation regarding
use, operations and policy regarding the public beaches in the Borough
of Monmouth Beach. The purpose of the Committee is to address and
advise on those issues delegated by the Governing Body and that may
arise related to the operations, use and future activities related
to the public beaches in the Borough of Monmouth Beach. Those purposes
and goals will be promoted by the creation of a Beach Advisory Committee
in and for the Borough of Monmouth Beach (hereinafter "The Beach Advisory
Committee" or "The Committee").
The Committee shall consist of such seven voting members as
approved by the Mayor and Commissioners who shall be appointed to
a one-year term. Such voting members shall be residents of the Borough
of Monmouth Beach. One member shall also be a member of the Governing
Body also appointed by it. Employees and consultants to the Borough
may participate in meetings as may be requested or directed by the
member who is also a member of the Governing Body.
The Committee organizational meeting and subsequent meetings
shall be at a time and place set forth by the Committee when it determines
such meetings are necessary but no less than four meetings per year.
Annually, at the organizational meeting, a chairperson, vice- chairperson,
recording secretary, and treasurer shall be chosen by majority vote
of the membership of the Committee. Such officers shall be residents
of the Borough of Monmouth Beach and members of the Committee except
that the Recording Secretary may be a Borough employee with the consent
of the Governing Body and would not be a voting member of the Committee.
Such officers shall serve until their successors are elected.
a. The Chairperson shall preside at all meetings. The Chairperson shall
have the power to appoint subcommittees and subcommittee chairpersons
and perform all duties incident to this position and further stated
in this section.
b. The Vice-Chairperson shall assist the Chairperson in the discharge
of his or her duties and shall officiate for them in their absence.
c. The Recording Secretary shall keep the minutes of the meeting in
appropriate files and transmit same to the Borough Clerk. Copies of
the minutes from the last meeting shall be distributed to all Committee
members and Borough Clerk prior to each meeting.
d. The Treasurer shall be responsible for the books and records of the
Committee and ensure compliance with Borough requirements related
to the financial operations of the Committee. The above positions
shall be considered "officers" and "Executive Committee" as a group.
The Committee may establish subcommittees to address any matter
within the powers and duties of the Committee. Membership/appointment
to the subcommittees shall be by the Committee itself and is not limited
to residents of the Borough of Monmouth Beach. Subcommittees include,
but are not limited to:
a. Bylaws: to update and publish standard operating procedures by which
the Committee will conduct its business and to suggest and seek modifications
to this section with the Borough of Monmouth Beach to ensure the effective
operation of the Committee.
b. Communications: to provide public information about Beach activities,
procedure and rules as may be appropriate and approved by the Governing
Body.
c. Finance: to assist the Borough in applying for grants and to raise
funds to accomplish future projects and activities and to expend public
beach funds as may be permitted by law.
a. All members of the Committee shall serve without compensation.
Any expenses incurred by members while in the performance of
their duties must be preapproved by the Officers and Committee and
reimbursed by the Borough subject to prior approval before the expense
is incurred and upon submission for payment and approval by the Borough
Commissioners.
a. The Committee shall have the power to research, explore and recommend
and advise on issues related to the public beaches and advise the
Governing Body on use, operations and policy regarding the public
beaches in the Borough of Monmouth Beach.
All ordinances or parts thereof inconsistent with this section
are hereby repealed as to such inconsistency.
If any section, paragraph, subdivision, clause, or provision
of this section is adjudged to be invalid, such adjudication shall
apply only to section paragraph, subdivision, clause, or provision
so adjudged and the remainder of this section shall be deemed valid
and effective.
This section shall take effect upon its passage and publication
according to law.