City of Bridgeton, NJ Article V Departments

§ 3-16 Department of Administration.

A. Business Administrator. There shall be a Department of Administration, the director of which shall be known and designated as the Business Administrator. The Business Administrator shall have, exercise and discharge the functions, powers and duties of the Department. (N.J.S.A. 40:69A-44 et seq.)

B. Appointment; qualifications; residence of Business Administrator.

(1) Appointment. The Mayor shall appoint the Business Administrator with the advice and consent of City Council.

(2) Qualifications. The Business Administrator shall be chosen solely on the basis of executive and administrative qualifications with special reference to the actual experience in, or the knowledge of, accepted practice in respect to the duties of the office as set forth herein.

(3) Residency. At the time of the appointment, the Business Administrator need not be a resident of the City or state, but during tenure of office, the Business Administrator may reside outside the City only with the approval of Council.

C. Responsibilities. The Department, under the direction and supervision of the Mayor and as performed by the Business Administrator; shall:

(1) Assist in the preparation of the budget;

(2) Administer a centralized purchasing system; as provided elsewhere;

(3) Be responsible for the development and administration of a sound personnel system;

(4) Perform such other duties as the Mayor and Council may prescribe; and

(5) Supervise, subject to the direction of the Mayor, the administration of each of the departments established by ordinance. For this purpose, the Business Administrator shall have the power to investigate the organization and operation of any and all departments, to prescribe standards and rules of administrative practice and procedure, and to consult with the heads of the departments under the jurisdiction of the Department of Administration, provided that with respect to any Department of Law and Department of Financial Administration, the authority of the Business Administrator under this subsection shall extend only to matters of budgeting, personnel and purchasing. (N.J.S.A. 40:69A-44)

D. Duties of the Business Administrator. The duties of Business Administrator shall be as follows:

(1) Attend all City Council meetings.

(2) Perform as Purchasing Agent of the City, in absence of separate appointment by the Mayor.

(3) Coordinate and supervise the administration of each department as allowed by statute and code.

(4) Administer the City's insurance program.

(5) Assist in the preparation and implementation of the budget.

(6) Control and manage the lease, sale and rental of City-owned real property, subject to the requirements of the New Jersey statutes, governing lease, rental or sale of City-owned property.

(7) Develop and administer a personnel program.

(8) Perform any other duties as required by the Mayor and Council.

E. Office of Purchasing Agent. Within the Department of Administration shall be an Office of Purchasing Agent as provided in 3-14.

F. Budget preparation.

(1) The City budget shall be prepared by the Mayor with the assistance of the Business Administrator. During the month of May, the Mayor shall require all department heads to submit requests for appropriations for the ensuing budget year and to meet with the Mayor and Business Administrator at public hearings which shall be held during that month.

(2) Budget requests shall be in such form and detail as the Business Administrator shall prescribe.

(3) The Mayor and the Business Administrator shall consult with the Department of Financial Administration and the City Auditor to ensure compliance with state law, including a budget document with a capital section, showing a budget of capital projects proposed or continued, together with a projection of projects for the next six years and the costs and financing anticipated for the capital improvements.

(4) The budget shall include a proposed current expense budget, a proposed capital budget and such explanatory comments, exhibits and schedules as the Mayor deems necessary or desirable to explain the budget plan and shall be submitted to Council in the form required by law.

G. Council action. The Council shall consider and act upon the Mayor's proposed budget and may adopt a temporary budget in accordance with the requirements of Local Budget Law (N.J.S.A. 40A:4-1 et seq.).

H. Budget administration.

(1) The Business Administrator shall supervise the administration of each annual budget. Budget appropriations shall be controlled by an encumbrance system. Each department head shall plan and administer the department's program within its budget.

(2) If at any time during the budget year the Business Administrator shall ascertain that the City government is faced with the probability of incurring a cash deficit for the current year, the Business Administrator shall reconsider the work programs and allotments of the several departments. Upon such reconsideration and with the approval of the Mayor, the Business Administrator may reduce budget allotments to forestall as far as possible the making of commitments and expenditures in excess of the revenues to be realized during the fiscal year. The Business Administrator shall file with the Chief Financial Officer a copy of such reduced allotment, and the Chief Financial Officer shall control all expenditures within the limits thereof.

(3) The Business Administrator shall recommend transfers from one line item or budget category to another as allowed by Local Budget Law.

I. Purchasing generally.

(1) A purchase of any supply, material or equipment or contractual services for a department shall be made by the Department of Administration, pursuant to a written requisition from the department head whose department will be charged and only after said purchase amount has been encumbered by the Chief Financial Officer.

(2) All such purchases or purchase contracts shall conform to applicable requirements of state statutes for competitive bidding. When purchases are made without competitive bidding as allowed by state statute, the Purchasing Agent shall obtain, whenever possible, at least three price quotations from the items purchased and shall record and maintain such quotations in his office for at least two years from the time they are furnished.

(3) No department shall have a petty cash fund except the following: the Department of Police in the amount of $800, the Department of Administration in the amount of $100, and the Department of Recreation and Public Affairs in the amount of $300. Upon submission of vouchers to the Business Administrator showing the use of moneys expended from the petty cash fund, the Business Administrator may request payment from the Chief Financial Officer to maintain the balance in the petty cash fund as set forth above.

[Amended 3-15-2016 by Ord. No. 16-04]

(4) Each department head shall designate, by writing filed with the Business Administrator, the name of employees in the department authorized to receive supplies, materials and equipment. The person so designated shall accept deliveries and sign for them only where the goods are in exact conformity with the order. Should there be any doubt as to the quantity or quality, the receiving employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the Business Administrator.

(5) Emergency purchases. The Business Administrator shall establish, upon approval of the Mayor, a procedure for the purchase of any item or items required for the immediate protection of the public health, safety, morals or welfare, which will permit such emergency purchases to be made for specific purposes in the manner as set forth in N.J.S.A. 40A:11-6.

J. Contracts generally. Within the limits of available appropriations, the Mayor is authorized to negotiate and execute contracts and other legally binding obligations of the City upon the approval of Council. Any such document shall be signed by the Mayor, attested by the Municipal Clerk and approved by the City Solicitor for legal form and sufficiency. Purchase orders, for which a formal contract is not required by the Charter, may be executed by the Mayor or Business Administrator within limits of available funds without further approval.

[Amended 9-19-2017 by Ord. No. 17-20]

K. Award of contracts. Upon contracts let by public competitive bidding, the Council may, upon recommendation of the Business Administrator with respect to all contracts other than public works contracts, and upon recommendation of the Director of Public Works with respect to public works contracts, let the contract in the manner prescribed by the provisions of the laws of the State of New Jersey, City Charter and ordinances, including, when required, the certification of the Chief Financial Officer.

L. Personnel management.

(1) All appointments and promotions in the civil service of the City as defined by state statutes shall be made according to merit and fitness in accordance with the requirements of the Constitution, statutes and applicable regulations of the State of New Jersey.

(2) The Business Administrator shall prepare a system of personnel rules and policies for consideration by the Council, subject to the requirements of the State Civil Service System. Such rules and policies may be adopted by the Council by resolution, shall be compiled in a Personnel Manual and shall include provision for:

(a) The classification of all City position based on the duties, authority and responsibility of each position with adequate provision for reclassification of any position whenever warranted by changed circumstances;

(b) A pay plan for all City positions;

(c) The policies and procedures regulating reduction in force and removal of employees;

(d) The hours of work, attendance regulations and provisions for sick and vacation leave;

(e) The policies and procedures governing persons holding provisional appointments;

(f) The policies and procedures governing relationships with employee organizations;

(g) Policies regarding in-service training programs;

(h) Grievance procedures as set out in state statute and New Jersey Administrative Code; and

(i) Other practices and procedures necessary or desirable to the administration of a sound personnel system.

M. Local Registrar.

(1) Establishment. There shall be within the Department of Administration an Office of the Local Registrar, which shall contain a Local Registrar who, under the supervision and direction of the State Registrar, shall be responsible for the vital statistics within the City. Council may also appoint a Deputy Registrar.

(2) Qualification. No physician, midwife or funeral director shall be appointed as Local Registrar. The Municipal Clerk may serve as Local Registrar.

[Amended 9-19-2017 by Ord. No. 17-20]

(3) Appointment and certification. The Local Registrar shall be appointed by City Council and pursuant to provisions of Title 11A and any other provisions set forth by the Department of State.

(4) Vacancy. If for any reason, the office is vacant or deemed vacant, the Municipal Clerk shall act as Local Registrar until the appointment and certification of a successor.

[Amended 9-19-2017 by Ord. No. 17-20]

(5) Duties and responsibilities. The Local Registrar shall strictly enforce the statutes relative to the registration of vital statistics, which shall include the making of a complete and accurate copy of each birth, marriage and death certificate registered in his office, to be preserved in his office as the local record and the transmission to the State Registrar of all original certificates. The Local Registrar shall enforce all rules and regulations for the registration of vital statistics as directed by the State Registrar. (N.J.S.A. 26:8-1 et seq.)[1]

[1] Editor's Note: Original Section 2-24.16, Office of Economic Development, which immediately followed this section, was repealed 12-28-1998 by Ord. No. 98-9.

N. Division of Collections.

(1) Head. There shall be within the Department of Administration a Division of Collections, the head of which shall be the Tax Collector.

(2) Appointment and qualification of Tax Collector. The Tax Collector shall be appointed by the Mayor, with the advice and consent of Council. No person shall serve as Tax Collector if that person serves as a member of City Council. No person shall be appointed or reappointed unless that person holds a valid Tax Collector's Certificate issued pursuant to state statute.

(3) Term. The Tax Collector shall hold the office for a term of four years from January 1 next following the appointment. Vacancies, other than due to the expiration of the term, shall be filled by appointment for the unexpired term.

(4) Tenure; removal.

(a) Any person who shall have been reappointed to said office upon completion of one full term of four years shall have tenure.

(b) Removal of any Tax Collector shall be governed by applicable state law including N.J.S.A. 40A:9-145.8 and shall include, as a definition of good cause, the failure to meet state continuing education requirements.

(5) Review. City Council or the Mayor may request a review by the Director of the Division of Local Government Services of the behavior and practices of a Certified Tax Collector, pursuant to N.J.S.A. 40A:9-145.5.

(6) Duties and powers. The Tax Collector shall have, perform and exercise all functions, powers and duties as are provided by general law and ordinance, including without limitation thereto:

(a) The preparation and mailing of tax bills, enforcement of tax collections by tax sales and otherwise, and the maintenance of tax accounting records in such manner as may be prescribed or approved pursuant to law; and in furtherance thereof.

(b) The receipt and collection of all current and delinquent real and personal property taxes, with penalties and interest pursuant to law.

(c) The making or causing to be made and certifying of searches for tax, water and other liens on real property as may be authorized by law and the charging and collection for the use of the City the fee required pursuant to law for any such search, and the Division may appoint or designate one of its employees as Official Tax Searcher to perform these functions within the Division.

(d) The billing, receipt and collection of water, sewer and solid waste accounts as determined by and pursuant to ordinance.

(7) Dog licenses. The Tax Collector shall collect any license or registration fees or other charges for the keeping of animals as provided by City ordinance.[2]

[2] Editor's Note: See Ch. 83, Animals.

(8) Central cashier. Within the Division of Collections shall be a central cashier's office. All cash receipts and payments to the City, except fines imposed for traffic violations or otherwise in the Municipal Court, shall be received and accounted for by the Tax Collector who shall, by the next ensuing bank day after their receipt, deposit them to the credit of the proper account. This shall include, without limitation thereto, all tax payments, sewer and water charges and rents, license, permit and inspection fees, filing fees and all other revenue receipts of any department.

O. Division of the Treasury.

(1) Within the Department of Administration shall be a Division of the Treasury, whose head shall be the City Treasurer.

(2) The City Treasurer shall be appointed by the Mayor with the advice and consent of City Council for a term of four years.

(3) The City Treasurer shall:

(a) Be the certifying agent for the various retirement systems for officers and employees;

(b) Perform bank reconciliation; and

(c) Sign checks as provided by ordinance.

(4) City Council may grant tenure whenever a person shall have held the office for 10 consecutive years. If City Council fails to grant tenure, a petition may be filed for a referendum vote on tenure (N.J.S.A. 40A:9-152). If tenure is granted, removal shall be governed by applicable state law, including N.J.S.A. 40A:9-152.[3]

[3] Editor's Note: Original Section 2-24.19, Office of Community Development, which immediately followed this section, was repealed 12-28-1998 by Ord. No. 98-9.

P. (Reserved)[4]

[4] Editor's Note: Former Subsection P, regarding the Office of Public Assistance, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Q. Affirmative Action Officer. The City's Affirmative Action Plan shall be implemented by the Affirmative Action Officer, appointed by the Mayor. The Business Administrator may serve in this capacity.

R. Division of Housing and Code Enforcement.

(1) Division of Housing and Code Enforcement generally. There shall be a Division of Housing and Code Enforcement, the head of which shall be the Supervisor, who shall be appointed by the Business Administrator, with the consent of the Mayor and pursuant to the provisions of Title 11A of the state statutes.

(2) Responsibilities. The Division of Housing and Code Enforcement shall be responsible generally for the enforcement of regulations, ordinances or codes addressing residential premises or dwellings, dwelling units or rooming units within the City and for the enforcement of the State Uniform Construction Code[5] or any other codes affecting property or structures or dwellings in the City.

[5] Editor's Note: See Ch. 126, Construction Codes, Uniform.

(3) Employees; qualifications.

(a) The Division shall consist of the Housing Officers, the State Uniform Construction Code Official, the Plumbing Subcode Official, Electrical Subcode Official, the Elevator Subcode Official, the Fire Protection Subcode Official and any other subcode officials or employees as may be necessary to conduct the work of the Division.

(b) Each position within the Division of Housing and Code Enforcement shall be filled by a person qualified for such position; each official position created in enforcing the State Uniform Construction Code shall be qualified for such position as required by the State Uniform Construction Code, as amended. More than one position may be held by the same person, provided that person is qualified to hold such position.

(4) Duties. The Division shall:

(a) Administer all building and construction codes as they pertain to the City.

(b) Conduct and perform all inspection duties, as required by the State Uniform Construction Code, any subcodes, the 2015 International Property Maintenance Code, or any other ordinances addressing buildings and structures and their use and occupancy, other than those inspections allocated to the Division of Fire and Fire Safety by this code.

[Amended 8-18-2020 by Ord. No. 20-13]

(c) Enforce all laws and ordinances establishing occupancy standards to protect the health and safety of persons using or occupying buildings or other structures.

(d) Maintain the Registry of Premises recording the owners of buildings within the City containing two or more dwelling units;

(e) Enforce the ordinances and regulations addressing flood hazards and flood hazard areas within the City.

(f) Enforce all ordinances addressing abandoned motor vehicles, other than those ordinances and laws allocated to the Division of Police.

(g) Consolidate and coordinate all regulatory inspections relating to building and structures and real property which are not vested in any other department or division by the Administrative Code and, as to the latter, provide for cooperative inspection and enforcement so far as practicable.

(h) Ensure collection of all fees payable for inspections made by the Division which shall be paid in advance of the inspection to the central cashier.

§ 3-17 Department of Financial Administration.

A. Department of Financial Administration generally. There shall be a Department of Financial Administration responsible for the financial administration of the City.

B. Chief Financial Officer. The director of the Department of Financial Administration shall be the Chief Financial Officer, responsible for the proper financial administration of the City under the Local Government Supervision Act (N.J.S.A. 52:27BB-1 et seq.); the Local Bond Law (N.J.S.A. 40A:2-1 et seq.); the Local Budget Law (N.J.S.A. 40A:4-1 et seq.); the Local Fiscal Affairs Law (N.J.S.A. 40A:5-1 et seq.); the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); and such other statutes, and such rules and regulations promulgated by the Director of the Division of Local Government Services, the Local Finance Board, or any other state agency, as may pertain to the financial administration of the City.

C. Qualifications and appointment of Chief Financial Officer or Temporary Chief Financial Officer.

(1) Qualifications. The qualifications for the position of Chief Financial Officer shall be those established and set forth in N.J.S.A. 40A:9-140.2 et seq. and no person shall be appointed or reappointed as Chief Financial Officer unless he or she holds a Municipal Finance Officer Certificate issued pursuant to N.J.S.A. 40A:9-140.1 et seq. (N.J.S.A. 40A:9-140.13) No person who serves as a member of the governing body of the City shall serve as Chief Financial Officer of the City. (N.J.S.A. 40A:9-140.6)

(2) Appointment. City Council shall appoint the Chief Financial Officer pursuant to N.J.S.A. 40A:9-140.10.

(3) Temporary Chief Financial Officer. When a vacancy occurs in the office of Chief Financial Officer, the Mayor, with approval of City Council, may appoint a person who does not hold a Municipal Finance Officer Certificate to serve as temporary Chief Financial Officer for a period not to exceed one year and commencing on the date of the vacancy. However, a person so appointed may, with the approval of the Director of the Division of Local Services, be reappointed as Chief Financial Officer following the termination of the temporary appointment for one additional year. The City shall not have a Temporary Chief Financial Officer for more than two consecutive years. (N.J.S.A. 40A:9-140.13.f)

D. Term of office; tenure.

(1) Term of office. The term of office shall be for four years, which shall run from January 1 in the year in which the Chief Financial Officer is appointed. (N.J.S.A. 40A:9-140.10)

(2) Tenure. Any person who has served in the position of Chief Financial Officer for a period of four consecutive years and who is reappointed as the City's Chief Financial Officer and who holds a Municipal Finance Officer Certificate issued in accordance with N.J.S.A. 40A:9-140.1 et seq. shall be granted tenure of office upon filing with the Clerk of the City and with the Division of Local Government Services in the Department of Community Affairs a notification evidencing his compliance with this section. N.J.S.A. 40A:9-140.8. Thereafter, that person shall continue to hold office during good behavior and efficiency, and shall not be removed therefrom except for just cause, and then only as set forth in the code or state statutes.

E. Removal from office. A Chief Financial Officer having tenure shall not be removed from office except for just cause.

(1) Removal from office upon written complaint.

(a) The written complaint setting forth the charge or charges against the Chief Financial Officer shall be filed with the Municipal Clerk and the Director of the Division of Local Government Services ("Director"), and a certified copy thereof shall be served upon the person so charged. The Director shall thereafter designate a hearing date before the Director or his designee, which shall be not less than 30 days nor later than 60 days from the date of service of the complaint. The hearing date may be extended by the Superior Court for good cause shown upon the application of either parry.

[Amended 9-19-2017 by Ord. No. 17-20]

(b) The person so charged and the complainant shall have the right to be represented by counsel and the power to subpoena witness and documentary evidence, together with discovery proceedings.

(c) The Superior Court shall have the jurisdiction to review the determination of the Director, which Court shall hear the cause de novo on the record below and affirm, modify or set aside such determination. Either party may supplement the record with additional testimony subject to the rules of evidence. (N.J.S.A. 40A:9-140.9)

(2) Removal from office by revocation or suspension of certificate. Any Municipal Finance Officer Certificate may be revoked or suspended by the Director for dishonest practices or willful or intentional failure, neglect or refusal to comply with the Constitution of the State of New Jersey or laws relating to municipal finances or other good cause. The City Council together with the Mayor may request a review by the Director of the behavior or practices of a certified Municipal Finance Officer. The Director may also initiate a review of the behavior or practices of a certified Municipal Finance Officer if the Director finds it advisable to do so through the normal exercise of his statutory duties and responsibilities. No certificate shall be revoked or suspended except under a proper hearing before the Director or his designee after due notice. If the Municipal Finance Officer Certificate of a person serving as a Chief Financial Officer or Municipal Finance Officer shall be revoked, such person shall be removed from his office or position by the Director, the office or position shall be declared vacant, and the person shall not be eligible to hold that office or position or to make application for a recertification for a period of five years from the date of revocation. (N.J.S.A. 40A:9-140.12)

F. Duties of the Chief Financial Officer. The Chief Financial Officer shall:

(1) Have custody of all investments and invested funds of the City or in possession of the City in a fiduciary capacity except as otherwise provided by law and keep such funds, and all moneys of the City not required for current operations, safely invested or deposited in interest-bearing accounts.

(2) Supervise the administration of the City debt and the receipt and delivery of City bonds and notes for transfer, registration or exchange subject to provisions of the Local Bond Law (N.J.S.A. 40A:2-1 et seq.) or other law.

(3) Develop, maintain and enforce a uniform system of accounts, including forms, standards and procedures for all departments.

(4) Establish and maintain the City's central bookkeeping and accounting records according to generally accepted accounting principles and in accordance with the requirements of the Director of the State Division of Local Government Services.

(5) Maintain accounts of all cash receipts and disbursements and make reports in accordance with the system of accounts approved or prescribed by the Director of the State Division of Local Government Services and prepare a monthly statement of all moneys received and expended and of the unexpended and unencumbered balance in each account for the information of the City Council, the Mayor, the Business Administrator and the general public.

(6) Review each proposed expenditure and commitment to be made on behalf of any department for conformity with state law, the Charter and City ordinances and authorize only such expenditures and commitments, including claims, bills and demands so as to conform to all requirements of the Administrative Code. (N.J.S.A. 40:69A-48)

(7) Audit all receipts and disbursements of City government, including each department and preaudit all bills, claims and demands including payroll upon the City.

(8) Control all expenditures to assure that budget appropriations are not exceeded and maintain such books and records as may be required for the exercise of budget control, including an encumbrance system of budget operations and expenditures only upon written requisition. (N.J.S.A. 40:69A-48)

(9) Provide specific notification to the Business Administrator, Mayor and Council when conditions arise which may reveal insufficient funds in any account balance or which may lead to or result in audit discrepancies or comments.

(10) Make disbursements of City funds with every warrant check made payable to the order of the person entitled to receive the same and shall specify the purpose for which it is drawn and the account or appropriation to which it is chargeable and shall bear such signatures as are required by the Administrative Code. (N.J.S.A. 40:69A-48)

(11) Prepare any records, reports, studies or schedules requested by the Mayor, Business Administrator or City Council, including reports for the preparation of the budget or the determination of the cost of performance of each program or activity, measured in such work units as may be appropriate thereto.

(12) Perform such other duties and responsibilities as required for proper administration of the City's finances in accordance with the statutes and code.

G. Payment of claims; presentation to City Council.

[Amended 9-17-2017 by Ord. No. 17-20; 12-18-2018 by Ord. No. 18-25]

(1) The Chief Financial Officer shall prepare for each regular meeting of City Council a list of all bills, claims and vouchers which have been received through the close of business on the Wednesday next preceding the meeting and since the last preceding list was compiled. Such list shall be prepared in sufficient copy for each member of Council, and for the Mayor and Business Administrator, and at least one copy shall be filed with the Municipal Clerk as a public record open to examination in the Clerk's office. No bills shall be paid except for the payroll until the listing of bills has been approved by resolution of the Council.

(2) In the event a regularly scheduled City Council meeting is not held as scheduled due to cancellation or lack of a quorum, the Chief Financial Officer is hereby authorized to issue payments on any recurring account as deemed necessary and appropriate with such payments being submitted for subsequent approval by City Council at its next meeting.

H. (Reserved)[1]

[1] Editor's Note: Former Subsection H, Payment of claims; Self-Insurance Claims Committee, was repealed 12-18-2018 by Ord. No. 18-25.

I. Independent annual audit. The Council shall cause to be made an annual audit of the City's accounts and financial transactions as required by law. Such annual audit shall be made by a registered municipal accountant of New Jersey selected by the Council. (N.J.S.A. 40A:5-4)

§ 3-18 Department of Law.

A. City Solicitor; appointment. There shall be a Department of Law, the head of which shall be the City Solicitor. The City Solicitor shall be appointed by the Mayor with the advice and consent of City Council and shall serve during the term of the Mayor, who makes the appointment, and until the appointment and qualification of a successor. The City Solicitor shall receive such compensation as shall be provided by separate ordinance. [N.J.S.A. 40:69A-43(a) and (b)] Reference to "City Attorney" shall mean "City Solicitor."[1]

[1] Editor's Note: Reference to "City Attorney" have been changed to "City Solicitor" in this chapter and the rest of the Code of the City of Bridgeton.

B. Powers and duties generally. The powers and duties of the City Solicitor shall be as follows:

(1) Draft or approve as to form and sufficiency of all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the City.

(2) Conduct appeals from orders, decisions or judgments affecting any interest of the City as the City Solicitor or Assistants may determine to be necessary or desirable, or as directed by the Mayor or City Council.

(3) Subject to the approval of the Mayor and City Council, have the power to enter into any agreement, compromise or settlement of any litigation in which the City is involved.

(4) Render opinions in writing upon any question of law submitted to the Department of Law by the Mayor, the City Council, the Business Administrator or the head of any department, with respect to their official powers and duties.

(5) Maintain a record of all actions, suits, proceedings and matters which relate to the City's interest, and report thereon as the Mayor or City Council may require.

(6) Have such other and different functions, powers and duties as may be provided by Charter or ordinance.

(7) Supervise and direct the work of such additional attorneys and technical and professional assistants as the City Council may authorize for special or regular employment in or for the City.

C. Assistant City Solicitors.

(1) Appointment. The City Solicitor, with the approval of the Mayor, shall appoint Assistant City Solicitors to serve during the term of office of the City Solicitor appointing them.

(2) Powers and duties. An Assistant City Solicitor shall render services and provide legal representation of and to the City as the City Solicitor assigns. The City Solicitor may assign an Assistant City Solicitor to act in the place of the City Solicitor in the event of the absence or disqualification of the City Solicitor.

(3) Absence of the City Solicitor or vacancy in the Office. During the absence or disability of the City Solicitor, an Assistant City Solicitor shall possess the powers and perform all the duties of the City Solicitor. In the event of the death or resignation of the City Solicitor or of the occurrence of a vacancy in the office for any other reason, an Assistant City Solicitor shall act as the City Solicitor until the office is duly filled pursuant to the Charter.

D. City Prosecutor.

(1) Appointment. The City Prosecutor shall be appointed by the Mayor with the advice and consent of Council and shall serve during the term of the Mayor who makes the appointment. The City Solicitor or an Assistant City Solicitor may also serve as the City Prosecutor. One or more Assistant City Prosecutors shall be appointed by the Mayor with the advice and consent of Council and shall serve during the term of the Mayor who makes the appointment.

[Amended 8-21-2007 by Ord. No. 07-10]

(2) Duties. The City Prosecutor shall conduct prosecutions and trials for violations heard in the Municipal Court, including violations of City ordinances, complaints of any department and violations of rules and regulations duly promulgated by any department. The City Prosecutor, the City Solicitor or the Assistant City Solicitors may prosecute appeals in the Superior Court from convictions in the Municipal Court.

E. Special counsel. Whenever the City Solicitor deems the interests of the City so require, the City Solicitor may, with the approval of the Mayor and Council and within the limits of available appropriations, appoint special counsel to assist the City Solicitor in the preparation, trial or argument of such legal matters or proceedings as the City Solicitor may determine. If the City Solicitor should be disqualified with respect to any matter, the Mayor shall appoint special counsel with the approval of City Council to represent the City for and with respect to such matter.

F. Records and papers. All papers, documents, memoranda, reports and other materials relating to the administration of the Department of Law shall be and remain the property of the City. Upon the termination of services with the City, the City Solicitor shall forthwith surrender to any successor all such property together with a written consent to substitution of the successor in all legal actions and proceedings then pending to which the City is a party. The Assistant City Solicitor or special counsel shall have a like duty and obligation upon the termination of service with the City.

§ 3-19 Department of Development and Planning

[Added 12-28-1998 by Ord. No. 98-9]

A. Department generally. There shall be a Department of Development and Planning, the head of which shall be the Director of Development and Planning. Within the Department, there shall be the following offices:

(1) Office Community Development.

(2) Office of Economic Development.

(3) Office of Planning.

B. Responsibilities. The Department, under the direction and supervision of the Director and the Mayor shall:

(1) Prepare, create, and develop an economic development strategy for the City.

(2) Prepare an Economic Development Marketing Plan.

(3) Insure that the City gets its fair share of grants and other funding sources to carry out its development activities.

(4) Report to the Mayor on the development and progress of all economic development projects within the City.

(5) Consult and coordinate with all City departments any Economic and Community Development activities within the City.

(6) Supervise all employees within the Department to insure efficiency and maximize productivity.

C. Office of Community Development.

(1) There shall be within the Department of Development and Planning an Office of Community Development.

(2) The Office of Community Development shall preserve, promote and develop the City's interests in the areas of housing, public facilities, neighborhood improvements and community services.

(3) The Office shall be responsible for research, application and administration of state, federal and private grant funding for the programs sponsored by the City.

(4) The Office shall work with other City departments, offices or agencies in securing funding for their operations and programs.

(5) The Office shall create and maintain a data bank of all existing businesses and commercial establishments within the City of Bridgeton, and the Office of Community Development and Office of Economic Development shall work together to disseminate and coordinate the use of such information to promote business and economic development within the City.

[Added 7-15-2008 by Ord. No. 08-2]

D. Office of Economic Development.

(1) There shall be within the Department of Development and Planning an Office of Economic Development.

(2) The Office shall promote the industrial, commercial and other economic development of the City in accordance with the directives of the Department of Development and Planning and the Mayor.

(3) The Office shall work with the various departments, agencies, boards or commissions, in promoting the City's economic development.

(4) The Office shall administer all economic or business loans or assistance programs involving the City.

(5) The Office shall create and maintain a data bank of all existing businesses and commercial establishments within the City of Bridgeton, and the Office of Community Development and Office of Economic Development shall work together to disseminate and coordinate the use of such information to promote business and economic development within the City.

[Added 7-15-2008 by Ord. No. 08-2]

E. Office of Planning.

(1) There shall be an Office of Planning the head of which shall be the City Planner. Within the office there shall be the following officers:

(a) City Planner.

(b) Zoning Officer.

(2) Powers and duties. The officer shall:

(a) Make master plan studies and analyses and report thereon to the Mayor, Council and Planning Board.

(b) Study the operation and effect of land use controls and their administration within the City and report thereon to the Mayor, Council and Planning Board.

(c) Review and report on all Planning Board applications.

(d) Consult and coordinate with various city officials on planning, economic development or housing issues.

(e) Provide such expert, technical and other staff services to the Planning Board, City Council, special committees or other City departments and agencies as may be requested from time to time and within the limits of available appropriations.

(f) Administer Chapter 370, Zoning, and perform the duties of the Zoning Officer.

(3) Attendance at meetings. The City Planner shall attend all regular meetings of the Planning Board.

§ 3-20 Department of Public Works.

[Amended 10-6-2003 by Ord. No. 03-5]

A. Department of Public Works generally. There shall be a Department of Public Works, the head of which shall be the Director of Public Works, who may be the City Engineer. Within the Department, there shall be the following Divisions:

(1) Division of Engineering.

(2) [1]Division of Water and Sewer.

[Added 12-1-2009 by Ord. No. 09-04]

[1] Editor's Note: Former Subsection A(2), Division of Water and Sewer was repealed 11-21-2006 by Ord. No. 06-12. See § 3-20.1 for current provisions.

(3) Division of Streets and Roads.

(4) Division of Public Buildings and Grounds.

(5) Division of Solid Waste.

B. Principal Public Works Manager. Within the Department of Public Works, there shall be named a Principal Public Works Manager, who shall be appointed by the Mayor with advice and consent of Council. The person appointed shall hold a Public Works Manager Certificate and shall not be a member of City Council; the person shall comply with all other requirements of N.J.S.A. 40A:9-154.6.

C. Each Division shall be headed by a Supervisor. A Supervisor may head more than one Division.

D. Department functions generally.

(1) The Department of Public Works shall provide for the proper and efficient conduct of all public works functions of the City government, and shall provide technical and engineering advice and assistance to other City departments as needed.

(2) Subject to the Charter and ordinances, it shall administer and control the following functions, and the construction, operation and maintenance of public works, improvements, facilities and services relating thereto:

(a) [2]Water supply and distribution.

[Added 12-1-2009 by Ord. No. 09-04]

[2] Editor's Note: Former Subsection D(2)(a), Water supply and distribution, was repealed 11-21-2006 by Ord. No. 06-12. See § 3-20.1 for current provisions.

(b) [3]Sanitary and storm sewers and drains.

[Added 12-1-2009 by Ord. No. 09-04]

[3] Editor's Note: Former Subsection D(2)(b), Sanitary and storm sewers and drains, was repealed 11-21-2006 by Ord. No. 06-12. See § 3-20.1 for current provisions.

(c) Streets, roads, bridges.

(d) Parks, rivers, streams, waterfronts and flood damage control and reduction.

(e) Traffic engineering and street lighting.

(f) Public buildings and grounds.

(g) Solid waste and recycling.

E. Division of Engineering. There shall be within the Department of Public Works, a Division of Engineering, the head of which shall be the City Engineer.

(1) City Engineer. The City Engineer shall be appointed by the Mayor with the advice and consent of City Council and shall serve during the term of the Mayor appointing the City Engineer and until the appointment and qualification of a successor. The City Engineer shall receive such compensation as shall be provided by separate ordinance. [N.J.S.A. 40:69A-43(a) and (b)]. The City Engineer, prior to his appointment, shall hold a professional degree in civil engineering from a recognized school or college of engineering and shall be a licensed professional engineer recognized by the State of New Jersey. The City Engineer shall attend all regular meetings of the Planning Board and, when requested, City Council meetings.

(2) The Division of Engineering, under the direction and supervision of the Director of Public Works, shall:

(a) Be responsible for the preparation of all plans and specifications for public works and improvements undertaken by the City either on force account or by public contract;

(b) Supervise the performance of all contracts for public works, and certify the amounts due and payable;

(c) Provide and maintain surveys, maps, specifications and operating records with respect to all public property, works and facilities owned or operated by the City government;

(d) Supervise and direct the installation and administration of departmental records, payroll and inventory controls and cost analysis;

(e) Establish standards and procedures for the control, use and care of all City-owned equipment, materials and supplies in the custody of the Department;

(f) Exercise general supervision over and coordinate engineering and technical activities and services of all departments;

(g) Maintain, in conjunction with the City Tax Assessor, the City Tax Map on a current basis.

F. [4]Division of Water and Sewer; duties, functions and responsibilities. The Division shall:

[Added 12-1-2009 by Ord. No. 09-04]

(1) Operate and maintain the water supply and distribution system of the City;

(2) Maintain, repair, test and set water meters; maintain service maps and records; install and repair water mains, service connections, valves and appurtenances;

(3) Install, maintain and service all fire hydrants in the City subject to the approval of the Fire Department;

(4) Operate and maintain the City's intercepting sewers, sewage pumping stations and all other sanitary and storm sewer installations, and install and repair sewer mains, lines and appurtenances;

(5) Work with the Division of Collections in the Department of Administration to facilitate billing and collecting of water and sewer accounts;

(6) Perform any other duties as set forth in the ordinances regulating the City's water and sewer services or as directed by the Mayor.

[4] Editor's Note: Former Subsection F, Division of Water and Sewer, was repealed 11-21-2006 by Ord. No. 06-12. See § 3-20.1 for current provisions.

G. Division of Streets and Roads. Within the Department of Public Works there shall be a Division of Streets Roads, the head of which shall be the Supervisor, who shall be appointed by the Director, with the consent of the Mayor and pursuant to the provisions of Title 11A of the state statutes. Under the direction and supervision of the Director of Public Works, the Division shall:

(1) Maintain and repair all public streets, City bridges, culverts and drains within the City;

(2) Undertake new road construction projects, which are to be performed by the Department on a force account;

(3) Maintain all City streets in a clean and safe condition, free of obstructions and hazards and remove snow and ice therefrom as required;

(4) Install, operate, repair and maintain street traffic signs, lines and markers and paint control signals;

(5) Provide for the storage, servicing, repair and maintenance of City-owned motor vehicles other than fire engines and police vehicles, supervise such work as may be done with respect thereto pursuant to contract; and control the use and maintenance of motor vehicles owned by the City, through vehicle operating records, cost studies and replacement schedules;

(6) Operate, maintain and repair City-owned public parking areas and facilities;

(7) Regulate the construction, alteration and repair of sidewalks, curbs and gutters, and encroachments by objects and structures above and below public streets and sidewalks, to prevent interference with the public use thereof and to maintain reasonable standards of maintenance and repair;

(8) Supervise the administration of streetlighting studies and prepare recommendations, plans and programs with respect thereto.

H. Division of Public Buildings and Grounds. Within the Department of Public Works there shall be a Division of Public Buildings and Grounds, the head of which shall be the Supervisor, who shall be appointed by the Director, with the consent of the Mayor and pursuant to the provisions of Title 11A of the state statutes. Under the direction and supervision of the Director of Public Works, the Director shall:

(1) Provide custodial and janitorial services for the City Hall and City Hall Annex;

(2) Operate, maintain, repair and manage City property, including City Hall, City Hall Annex and other office quarters except that each department of the City shall be responsible for the operation and management of all property owned by the City and used by the department for its sole and exclusive purposes;

(3) Maintain and repair City public grounds, including the City's parks.

I. Division of Solid Waste. Within the Department of Public Works there shall be a Division of Solid Waste, the head of which shall be the Supervisor, who shall be appointed by the Director, with the consent of the Mayor and pursuant to the provisions of Title 11A of the state statutes. The Director, with the consent of the Mayor, may appoint a person to coordinate and facilitate the recycling activities within the City. The Division of Solid Waste shall supervise the collection, removal and disposal of garbage and refuse and recyclables as set forth in the City's ordinances.

§ 3-20.1 Division of Water and Sewer.

[Added 11-21-2006 by Ord. No. 06-12; amended 12-1-2009 by Ord. No. 09-04]

A. Division of Water and Sewer generally. There shall be a Division of Water and Sewer, the head of which shall be the Director of the Division of Water and Sewer.

B. The Division shall:

(1) Operate and maintain the water supply and distribution system of the City.

(2) Maintain, repair, test and set water meters; maintain service maps and records; install and repair water mains, service connections, valves and appurtenances.

(3) Install, maintain and service all fire hydrants in the City subject to the approval of the Fire Department.

(4) Operate and maintain the City's intercepting sewers, sewage pumping stations and all other sanitary and storm sewer installations, and install and repair sewer mains, lines and appurtenances.

(5) Work with the Division of Collections in the Department of Administration to facilitate billing and collecting of water and sewer accounts.

(6) Perform any other duties as set forth in the ordinances regulating the City's water and sewer services or as directed by the Mayor.

§ 3-21 Department of Police.

[Amended 4-19-1999 by Ord. No. 98-15; 5-6-2002 by Ord. No. 01-11; 10-6-2003 by Ord. No. 03-5; 7-3-2007 by Ord. No. 07-1; 12-4-2007 by Ord. No. 07-18; 12-4-2007 by Ord. No. 07-19; 1-6-2009 by Ord. No. 08-18]

A. Appropriate authority. The Business Administrator, or in his absence or inability to act, the Mayor, shall act as the other appropriate authority in accordance with N.J.S.A. 40A:14-118 to determine policies for the Police Department of the City of Bridgeton and act as hearing officer for same.

B. Organization and duties. The Department of Police shall consist of a Chief of Police and such members and officers as Council shall deem necessary. The Department shall:

(1) Preserve the public peace; protect life and property; prevent crime; detect, arrest and prosecute offenders against the penal laws and ordinances effective within the City; and preserve order at all elections and public meetings and assemblages.

(2) 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 Charter and ordinances for such purposes.

(3) Remove or cause to be removed all nuisances in the public streets, parks and other public places, inspect and observe all places of public amusement or assemblage and all places of business requiring any state or municipal license or permit and report thereon to the appropriate department.

(4) 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 government.

(5) Operate a training program to maintain and improve the police efficiency of the members of the Department.

(6) Make, administer and enforce rules and regulations for the deposition, conduct and discipline of the Department.

(7) Provide such police assistance as may be necessary to any other department for its proper functioning.

(8) Provide such reports to the Mayor or City Council as is requested by the Mayor or Council in addition to monthly and yearly reports of police matters.

(9) Enforce parking ordinances of the City and enforce all parking ordinances.

(10) Supervise the Animal Control Officer and the canvas of dogs and enforce the Animal Control Ordinance.[1]

[1] Editor's Note: See Ch. 83, Animals, Art. I, Licensing and Control.

(11) Provide for a process of interviewing prospective law enforcement officers seeking employment with the Bridgeton Police Department that allows for the Mayor and the Council President, or his/her designee from City Council, to attend one such interview session in the hiring process of each officer candidate and provide such input to the Police Chief as each deems necessary to represent the interests of the community as its elected representatives.

[Added 9-15-2020 by Ord. No. 20-17]

C. Organization and personnel of the Department of Police.

(1) Chief of Police. The head of the Police Administration shall be the Chief of Police, who shall report to the Mayor through the Business Administrator and shall be responsible for the efficiency and routine day-to-day operations of the Department and for the preparation of reports as required herein.

(2) Chief of Police duties. The Chief of Police shall administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel; have, exercise and discharge the duties of the Department of Police; prescribe the duties and assignments of all subordinates and other personnel, including special law enforcement officers; delegate such of his authority as he may deem necessary for the efficient operation of the force; operate a training program to maintain and improve the police efficiency of the members of the Division (N.J.S.A. 40A:14-118).

(3) Chief of Police additional duties. The Chief of Police shall also establish and maintain the efficient operation of the Department organize, control and maintain all property and resources of the Department; maintain a constructive and informative relationship with the public, community organizations, media and other law enforcement agencies; and advise the Business Administrator, in writing, of any difficulties or problems in the enforcement of any ordinance.

(4) Organization. The Department shall be organized according to such table of organization as established by the appropriate authority and prescribed by separate Salary Ordinance.

D. Control of stolen or abandoned property. The retention and disposal of all property coming into possession and custody of the Police Department and alleged to be found and recovered or unclaimed or abandoned shall be governed by N.J.S.A. 40A:14-157, as amended, with the exception of motor vehicles, which shall be governed by N.J.S.A. 39:10A-1 et seq.

E. Special law enforcement officers.

(1) Appointment. Special law enforcement officers may be appointed by the Business Administrator for terms not to exceed one year, and the appointments may be revoked by the Business Administrator for cause after adequate hearing on charges filed by the Chief of Police unless the appointment is for four months or less, in which case the appointment may be revoked by the Business Administrator without cause or hearing, upon recommendation by the Chief of Police. Nothing hereby shall be construed to require reappointment upon the expiration of the term.

(2) Qualifications. No person shall be appointed as a special law enforcement officer unless such a person meets the qualification requirements of N.J.S.A. 40A:14-146.10.

(3) Certification. No person shall commence serving as special enforcement officer unless he has been certified by the Police Training Commission as provided in N.J.S.A. 40A:14-146.11.

(4) Classification.

[Amended 4-23-2013 by Ord. No. 12-40]

(a) Designation. Persons appointed special law enforcement officers shall, upon appointment, be designated as either a Class 1 or Class 2 special law enforcement officer as more fully defined in N.J.S.A. 40A:14-146.11 and shall upon such designation be authorized to perform all the duties set forth in the respective classifications unless the Chief of Police limits the duties of the law enforcement officer.

(b) Class 1 officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the Revised Statutes and any other duties permitted by statute.

(c) Number. No more than 15 persons shall be designated as Class 1 special law enforcement officers. The number of persons designated as Class 2 special law enforcement officers shall not exceed 25% of the total number of regular police officers.

(5) Firearms. The carrying of firearms by special law enforcement officers shall be strictly governed by N.J.S.A. 40A:14-146.14b.

(6) Hours. The City may designate one special law enforcement officer who is not governed by limitations on hours employed as set forth in N.J.S.A. 40A:14-146.16a. All other special law enforcement officers may work no more than 20 hours per week except as follows:

(a) Without limitation as to hours during period of emergency;

(b) A special law enforcement officer may be assigned for no more than 20 hours per week to provide public safety and law enforcement services to a public entity, in addition to not more than 20 hours per week performing the duties pursuant to this section; and

(c) For hours to be determined by the Chief of Police while assigned to public safety duties for a private entity, pursuant to N.J.S.A. 40A:14-146.14b.

(d) For hours to be determined by the Chief of Police, not to exceed 48 hours per week, during the seasonal period from June, July, August and September, pursuant to N.J.S.A. 40A:14-146.a(1).

(7) Regulation. All duly appointed special law enforcement officers shall be subject to ordinances and rules and regulations governing the Department of Police of the City of Bridgeton and the Special Law Enforcement Officers Act (N.J.S.A. 40A14-146.8 et seq.).

(8) Fee. The City has the right, pursuant to N.J.S.A. 40A:14-146.13, to charge a reasonable fee to be hereinafter fixed by the Business Administrator for equipment and uniforms supplied.

F. Police Chaplain.

[Added 2-18-2014 by Ord. No. 13-16]

(1) Position created. The position of Police Chaplain for the City of Bridgeton Police Department is hereby created in accordance with N.J.S.A. 40A:14-141. The position will be a volunteer position. The position of Chaplain shall be under the appropriate authority and subject to the control of the Chief of Police.

(2) Appointment. The Chief of Police may recommend to the Mayor persons that he/she believes meet the qualifications of N.J.S.A. 40A:14-141 as well as the rules and regulations of the City of Bridgeton Police Department with reference to Chaplains, if any. All applicants for the position of Chaplain shall be reviewed by the Chief of Police, Senior Police Chaplain and Chaplain liaison to determine his/her qualifications in accordance with this Subsection F and shall make recommendations to the Mayor regarding the appointment as Chaplain. The Mayor shall appoint Chaplains in accordance with this Subsection F with the advice and consent of City Council.

(3) Qualifications. Any person appointed as Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Chaplain shall have basic training and shall be a certified Police Chaplain credentialed in accordance with the rules and regulations of the City of Bridgeton Police Department and shall be qualified in accordance with N.J.S.A. 40A:14-141.

(4) Duties of Police Chaplain. The duties of Police Chaplain shall include but not be limited to assisting the City of Bridgeton Police Department in death notifications, station house adjustments and any other duties that may be assigned by the Chief of Police.

(5) Rank and salary. Any person appointed as Chaplain shall serve in that capacity without rank or salary.

(6) Term of office. A person appointed as Chaplain shall serve for a period of one (1) year from date of appointment and shall continue to serve in that capacity until he/she is either terminated or reappointed with the recommendation of the Chief of Police.

§ 3-21.1 Department of Fire.

[Added 1-6-2009 by Ord. No. 08-18]

A. Appropriate authority. The Business Administrator, or in his absence or inability to act, the Mayor, shall act as the other appropriate authority in accordance with N.J.S.A. 40A:14-7 to determine policies for the Fire Department of the City of Bridgeton and act as hearing officer for same.

B. Department of Fire. The Department of Fire shall have exclusive jurisdiction over the control, lighting and extinguishment of any conflagration which occurs within the City limits. The Department shall:

(1) Make, administer and enforce rules and regulations for the control, disposition and discipline of the Department and its officers and employees and within the limits of available appropriations for the establishment and maintenance of fire stations and the disposition, use and care of its equipment and apparatus.

(2) Provide fire-fighting service for the extinguishment of fires and the necessary and incidental protection of life and property throughout the City and upon vessels in any waters within the City or upon any dock, wharf, pier, warehouse, or other structure bordering upon or adjacent to such waters.

(3) Direct or cause any vessel moored to or anchored near any dock or pier or in any waters within the City to be removed to and secured at such place as shall be designated by the Fire Chief whenever any such vessel shall be afire or in danger of igniting, or may be, by reason of its condition or the nature of its cargo, a menace to life or property.

(4) Designate and fix the location of fire signal stations in the City and operate, repair and maintain a City fire alarm and signal system.

(5) Investigate the cause, circumstances and origin of fires and report to the Department of Police and to the County Prosecutor every case of suspicion of arson.

(6) Have power to inspect and test any automatic or other fire alarm system or fire-extinguishing equipment.

(7) Be authorized to enter upon, without fee or hindrance, all premises, grounds, structures, buildings, vessels and passages whenever necessary in the performance of its duties.

(8) Operate a training program to maintain and improve the fire-fighting efficiency of the members of the Department.

(9) Investigate and oversee or plan the disposal of fire hazards and violations.

(10) Enforce observation of fire prevention regulations and rules at places of public gatherings.

(11) Provide fire assistance as may be necessary to other departments or divisions and other jurisdictions.

C. Organization and personnel of the Department of Fire.

[Amended 4-20-2021 by Ord. No. 21-7]

(1) Fire Chief. The head of the Fire Department shall be the Fire Chief, who shall report to the Mayor through the Business Administrator.

(2) Duties.

(a) The Fire Chief shall:

[1] Be responsible for the efficient day-to-day operations of the Department, including but not limited to personnel, departmental procurement, maintenance of equipment, supplies, and apparatus, and maintaining of all required records and reports on behalf of the Department.

[2] Administer and enforce rules and regulations, as well as special emergency directives as may be required from time to time, based on operational needs and circumstances including but not limited to deployment of personnel and equipment, duty assignments, delegation of authority, and formulation of policies and procedures as necessary.

[3] Implement and operate an effective training program to maintain and/or improve the firefighting abilities and capacities of all subordinate personnel emphasizing efficiency, safety, and best practices.

[4] Develop and/or maintain a constructive and informative relationship with the general public including but not limited to community organizations, schools, media outlets, and citizens, and promoting fire safety and prevention through such relationships.

D. Bureau of Fire Prevention. Within the Department of Fire there shall be a Bureau of Fire Prevention, which shall be known as the local enforcing agency of the Uniform Fire Code pursuant to the Uniform Fire Safety Act, P.L. 1983, c.383 (N.J.S.A. 52:27D-192 et seq.).

(1) The Bureau of Fire Prevention shall:

(a) Enforce the Uniform Fire Code in all buildings, structures, and premises within the City other than one- and two-unit owner-occupied dwellings used exclusively for dwelling purposes and buildings, structures, and premises owned or operated by the federal government, interstate agencies or the State of New Jersey.

(b) Comply with all pertinent requirements of the Uniform Fire Safety Act and the Uniform Fire Code (N.J.A.C. 5:70-1 et seq.).

(c) Carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.

(d) Manage the enforcement, permits, fees, violations and penalties associated with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey and as set forth in Chapter 162, Fire Prevention.

(2) The Bureau of Fire Prevention shall be under the direct supervision and control of a Fire Official who shall report to the Chief of the Fire Department.

(3) Appointments, qualifications, term of office, removal of personnel in the Bureau of Fire Prevention.

(a) Fire Official. The Fire Official shall be certified by the State of New Jersey and shall be hired by the Business Administrator with the approval of the Mayor.

(b) Inspectors and other employees. The Bureau of Fire Prevention shall have at least one paid inspector. Inspectors and other employees of the Bureau of Fire Prevention shall be hired by the Business Administrator with the approval of the Mayor upon recommendation of the Fire Official. All life hazard use inspectors shall be certified by the State of New Jersey.

(c) Legal counsel. The City Council shall specifically appoint legal counsel to assist the Bureau in enforcing the Uniform Fire Code.

(d) Term of office. The Fire Official shall save for a term of three years. Any vacancy shall be filled for the unexpired term.

(e) Removal from office. The Fire Official, inspectors and other employees of the Bureau of Fire Prevention shall be subject to removal by the Business Administrator for just cause. Before removal, all persons shall be afforded an opportunity to be heard by the City Council or a hearing officer designated by the same.

(4) Fire Investigation Unit. There is hereby created a Fire Investigation Unit within the City of Bridgeton Fire Department, Bureau of Fire Prevention. Members of the unit shall be assigned by the Chief of Fire, from the full-time paid firefighters within the Fire Department and Chief of Police from police officers who are qualified in arson investigation.

[Added 6-23-2015 by Ord. No. 15-15]

(a) Duties. The Fire Investigation Unit shall be responsible for investigating all fires and explosions within the jurisdiction of the City of Bridgeton, as well as any outside jurisdictions that may be established through shared service agreements.

(b) Regulation and control. The regulation and control of the Fire Investigation Unit shall be pursuant of guidelines and training criteria as directed jointly by the Chief of Police and Chief of Fire.

(c) Joint Arson Task Force. Within the Fire Investigation Unit there is hereby established a Joint Arson Task Force. This shall be comprised of full-time police and fire investigators of the City of Bridgeton Police and Fire Departments assigned by their respective Chiefs. The purpose of the task force is to provide for the cooperative investigation of arson, suspicious fires or explosions within the City of Bridgeton.

E. Office of Emergency Management There shall be an Office of Emergency Management, the head of which shall be the Emergency Management Coordinator. The office shall be responsible for the preparation and implementation of emergency management operations within the City (App. A:9-40.1 et seq.).

(1) Emergency Management Coordinator.

(a) Appointment and term. The Mayor shall appoint the Emergency Management Coordinator (EMC) from among the residents of the City. The EMC shall serve a term of three years, with a condition of the appointment and right to continue for a full term that the EMC shall have successfully completed at the time of his appointment or within one year immediately following the appointment the current approved home study course and the basic emergency management workshop.

(b) Vacancy or removal.

[1] The failure of an EMC to fulfill the requirements of his appointment within the prescribed period shall disqualify the EMC from continuing in the office and thereupon a vacancy in said office shall be deemed to have been created.

[2] The Governor of the State of New Jersey may remove the EMC at any time for cause. In such event, the Mayor shall appoint a new EMC with the approval of the Governor. If the Mayor shall not appoint an EMC within 10 days after such office shall become vacant, the Governor may appoint a temporary EMC, who shall serve and perform all the duties of that office until such time as a new EMC shall be appointed by the Mayor with the approval of the Governor.

(c) Function. The EMC shall be responsible for the planning, activating, coordinating the conduct of emergency management operations within the City. The EMC shall be a member of the local Emergency Management Council and shall serve as its Chair.

(d) Emergency operations plan. The EMC shall prepare a written emergency operations plan (EOP), with appropriate annexes necessary to implement the plan, which shall conform to all relevant federal statutes, rules or regulations and shall identify significant hazards affecting the City. The EOP shall be based upon criteria, objectives, requirements, responsibilities and concepts of operation to implement all appropriate protective remedial measures to be taken in response to a potential or actual emergency as determined by the State Director of Emergency Management. The EOP shall be reviewed and updated at least every two years.

(e) Local disaster emergency. The EMC may proclaim a state of local disaster emergency within the City whenever, in the EMC's opinion, a disaster has occurred or is imminent. The EMC, in accordance with regulations promulgated by the State Director of Emergency Management, shall be empowered to issue and enforce such orders as may be necessary to implement and carry out emergency management operations and to protect the health, safety, and resources of the residents of the City.

(2) Deputy Emergency Management Coordinator. The EMC shall appoint a Deputy Emergency Management Coordinator with the approval of the Mayor. The Deputy EMC shall serve for a three-year term running simultaneously with that of the EMC. The Deputy EMC, whenever possible, shall be appointed from among the salaried officers and employees of the City.

F. Division of Emergency Medical Services. There shall be a Division of Emergency Medical Services, which shall fall under the Fire Department and be supervised by the Fire Chief.

§ 3-22 Department of Recreation and Public Affairs.

A. Department, generally. There shall be a Department of Recreation and of Public Affairs, the head of which shall be the Director of Recreation and Public Affairs. The Director may appoint a Deputy Director of the Department with the approval of the Mayor. Within the Department, there shall be a Division of Tourism and Division of the Zoo.

B. Department functions generally. The Department of Recreation and Public Affairs shall:

(1) Administer and operate playgrounds, facilities for indoor and outdoor sports, and athletic and recreational programs and activities for children and adults;

(2) Administer and operate facilities, functions and activities relating to recreation, public relations, public affairs, and special events;

(3) Use public school property by agreement with the Board of Education, to the extent that such property may be adaptable and available for recreational programs and purposes of the Department;

(4) Plan and develop additional public recreational area and facilities;

(5) Plan, develop and administer the City's public relations program, including planning, developing and disseminating publicity about the City and, if asked or directed, working with other departments to develop and release public information about the City;

(6) Oversee, direct and promote the City Zoo;

(7) Develop and encourage tourism to and within the City.

C. City Zoo. Within the Department, there shall be the City Zoo whose activities and services shall be directed by the Zoo Curator, who reports directly to the Director of Recreation and Public Affairs.

D. Recreation Committee. Within the Department there shall be a Recreation Committee to consist of 11 members to be appointed by the Mayor to serve at the pleasure of the Mayor. The Committee shall provide for its own organization and shall consult and advise with the Mayor, Council and Director with respect to recreation policies, programs and activities within the City and shall conduct recreation programs and activities in the City under the supervision of the Director.

E. Charges and fees.

(1) The Department may sponsor, arrange and provide for the giving of indoor and outdoor exhibitions, concerns, games and contests and may use and employ public property for such purposes. The Department may charge and collect for the use of the Department a reasonable admission fee for each person entering or using facilities, exhibits, concerts, games or contests provided under this section when authorized by the Director, and such proceeds shall be used to further the programs of the Department generally.

(2) The Department may provide for parking near activities conducts by the Department and may use and employ public property for such purposes. The Department may charge and collect for the use of the parking facilities and the proceeds from the parking facilities shall be used to further the programs of the Department generally.

F. Rules and regulations.

(1) The Department may adopt reasonable rules, regulations and bylaws for the conduct of all persons while on or using such public property devoted to recreational uses. Any person who shall violate any such rules, regulations or bylaws shall be adjudged to be a disorderly person.

(2) The custodians, supervisors and assistants appointed for the Department shall, while on duty and for the purpose of preserving order and the observance of the rules, regulations and bylaws of the Department have the power and authority of special police officers of the City.[1]

[1] Editor's Note: Original Section 2-33, Department of Planning, which immediately followed this section, was repealed 12-28-1998 by Ord. No. 98-9. See § 3-19, Department of Development and Planning.