OFFICIALS OF THE TOWNSHIP OF BLOOMFIELD 2000 Municipal Plaza Bloomfield, New Jersey 07003-3487 Telephone: (973) 680-4000 Raymond McCarthy Mayor Council Janice Maly Ward 1 Ray Tamborini Ward 2 Patricia Ritchings Ward 3 Vincent Esposito At Large Peggy O'Boyle Dunigan At Large Bernard Hamilton At Large Mauro Tucci Township Administrator Department Heads WILLIAM ICKLAN LOUISE M. PALAGANO Director of Library Municipal Clerk RALPH A. COLASANTI VINCENT A. PIRONE, ESQ. Municipal Magistrate Township Attorney ANTHONY NESTO JOSEPH J. PISAURO Director of Recreation Tax Assessor
WAYNE HARTMANN Director of Finance JAMES PICA THOMAS J. PELAIA Township Engineer and Fire Director Director of Public works JOSEPH INTILE Fire Chief JOHN J. McNIFF RICHARD SALIERNO, JR. Chief of Police Municipal Court Administrator
PREFACE HISTORY OF BLOOMFIELD 17th and 18th Centuries The area now known as "Bloomfield' was a part of Newark in 1666 when that town was settled. The land had been bought from the Yantecaw, a subtribe of the Lenni-Lenape Indians. English settlers came from Connecticut to the southern end of town, and Dutch settlers from the Hudson River Valley set up farms in the Stone House Plains section, now Brookdale. The earliest roads followed Indian trails. The Old Road to Newark (now Franklin Street), the Road to Newtown and Second River (now Belleville Avenue) and the Road to Cranetown (now Montclair) became important routes. The three waterways, Second River, Third River and Toney's Brook, were valuable sources of power for the first industries - sawmills and gristmills. Paper mills and tanneries followed. Sandstone was quarried and exported to New York City as early as 1765 for the construction of brownstone houses. The settlers established the first school in 1758. It was public but not free, being open to pupils who could afford to pay a small tuition fee. During the Revolutionary War, no fighting occurred within the limits of the present township, but Bloomfield sons fought in New Jersey engagements. The area did experience foraging raids by British and Hessian troops. Patriots entertained George Washington on several occasions. In 1796, the congregation of Old First Church (now Bloomfield Presbyterian Church on the Green) was formed. It honored the Revolutionary War General, Joseph Bloomfield, by naming the newly formed parish after him - the Presbyterian Society of Bloomfield. The beautiful church building which was started in 1797 is still standing at the northern end of the Green. The same year, the Green was officially purchased for $200.00, although it had been used as a military training field and parade ground since 1775. It was placed on the National Register of Historic Places in 1978. The 19th Century In the nineteenth century, the industrious people of Bloomfield brought about many changes. The Newark and Pompton Turnpike (now Bloomfield Avenue), started in 1806, fulfilled the need for better transportation, and Bloomfield became a commercial center with taverns, wheelwrights, blacksmiths and wagon makers. In the 1830's there were six gristmills, two cotton factories, five sawmills, four copper mills, three paper mills, one paint mill, two calico print works, three woolen mills, several shoe factories and seventeen merchants in town. The Oakes Woolen Mill was founded in 1830 and lasted until the 1940's, at one time being the largest industry in town. In 1837 uis Peloubet opened a musicial instrument factory which later made well-known melodeons and organs. The population in 1820 was 3,085; in 1830, it was 4,309. The town separated from Newark in 1812, being incorporated as the Township of Bloomfield, taking its name from the Presbyterian parish named for General Joseph Bloomfield. At that time it covered 20.52 square miles (now 5.4 square miles) and included several villages which left Bloomfield during the century. Their names and dates of separation were Belleville (1839), Montclair (1868), Woodside (1871), Franklin (1874) and Glen Ridge (1895). In 1812, a Justice of the Peace and four constables were appointed. A post office was established in 1816. In 1812, a Township Committee was set up as the governing body. Later, the New Jersey Legislature passed the Township Act of 1846, further formalizing township governments. A Bloomfield engineer, Ephriam Morris, designed the inclined planes for the Morris Canal which opened in 1831 and brought further commerce. It also provided recreational diversion in the form of swimming in the summer and ice skating in the winter. Other improvements in transportation in the century included the first railroad from Newark in 1856, the New York/Montelair/Greenwood Lake Railroad in 1872 and the first street car line in 1867. Beginning in the 1870's, banks were founded and other town services arrived: gaslights in 1873, a Fire Department in 1883, telephone service in 1884, water pipes in 1884, free delivery of mail in 1892, electric lights in 1896 and sewage lines in 1898. During those years, the population grew with new immigrants from Italy, Poland and Germany, among other lands, joining the original families in the town. The expanding industries welcomed the workers. More people and improved transportation led to the construction of many homes, hotels and boardinghouses. Bloomfield became a thriving suburban community. The population in 1870 was 4,580; in 1890, it was 7,708. Bloomfield men served in the Civil War, and the factories supplied Union forces, with Oakes Woolen Mill providing cloth for the soldiers' uniforms. The Soldiers and Sailors Monument, erected during the town's Centennial Celebration in 1912, commemorated those who served in the war. Schools, churches and cultural organizations burgeoned. The Bloomfield Academy in 1810 was one of the first of a good number of private schools which had an excellent reputation. The forerunner of Bloomfield College, the German Theological School of Newark, took over the old academy building in 1868. In 1849, Bloomfield was one of the first towns in New Jersey to adopt the Free School Act and authorize taxes for school purposes. More schools were built, with the High School coming in 1871. Sacred Heart Roman Catholic Parish opened a parochial school in 1878, the church having been established in 1874. The first newspaper, the Bloomfield Gazette, was published in 1872, and the newspaper which later became the Independent Press started in 1883. The 20th Century In 1900, Bloomfield became a town with a Mayor-and-Council-type of government under the Town Act of the New Jersey State Legislature. In 1955, a revision of this form was passed by local referendum which set up a municipal government composed not only of a Mayor and six members of a Town Council, all elected by popular vote, but also a Town Administrator appointed by the Mayor and Council. This is the form Bloomfield is operating under today (1983). In July of 1981, by a special election, it changed its designation to "Township" again. The population in 1900 was 9,668; in 1910 it was 15,070. During World War 1, there were 1,200 men and 15 nurses on active duty, giving the town a bigger percentage of participation than the average in the country. Women as well as men worked in munition factories, industrial firms and government agencies. Volunteers, young and old, accomplished many tasks for the war effort. The population in 1920 was 22,019. By 1930, the population reached 38,000, with 68 industries employing 6,000. The Board of Trade had been set up in 1902 and became the Chamber of Commerce in 1923. The Police Department, which had been established around 1900, had the first officer assigned to traffic duty in 1909. During World War I, bus and trolley lines vied for passengers. In 1923, the bus from Paterson to Lackawanna Railroad along Broad Street opened Brookdale for residences instead of farms. In 1936 the De Camp Bus Line began a route through Bloomfield to New York City. Four- and five-story apartment buildings appeared among the houses. New schools and churches were built to serve the enlarging population in new neighborhoods. The first Jewish temple was organized in 1915, and a second in 1955. Since 1902, the Jarvie Memorial Library, privately endowed, had served the townspeople, but in 1924 it offered the books and endowment to the town, and the Bloomfield Free Public Library was established. Its own building was completed in 1927, and an addition in 1967. It became the Northwest Area Library in 1965. The Board of Recreation evolved in 1928 from the Community House project of the World War Memorial Association. Many civic and service clubs were founded in the 1920's and 1930's. World War II saw Bloomfield's industrial plants such as Charms Candy Company, General Electric, Lehn and Fink, Schering, Scientific Glass and Westinghouse rated among the upper 10% of those in the eastern part of the nation engaged in the production of vital war materials. Again, civic organizations and volunteers gave great support to the war effort. The population in 1940 was 41,623; in 1950, it was 49,313. In the second half of the 20th Century, Bloomfield has remained a vital community, both residential and industrial in character. The completion of the Garden State Parkway in 1952 brought better automobile access. New housing included garden apartments and high-rise buildings. The town's Department of Planning and Development has implemented the Master Plan of 1949 and subsequent updates of 1965 and 1977. Another large company came to Bloomfield when the Lummus Corporation set up its international headquarters in 1968. The population in 1970 was 52,029; in 1980, it was 47,792. Through the years, Bloomfield citizens have shown strong community spirit. There have been festive Independence Day celebrations each year. The Centennial Celebration in 1912 brought the Soldiers and Sailors Monument. The sesquicentennial in 1962 saw the start of the Historical Society of Bloomfield. The national bicentennial in 1976 led to the formation of the Cultural Commission and Oakside Cultural Center. In 1978, there was enthusiastic support for the Festival of Nations honoring the people from many ethnic groups who have contributed so much to Bloomfield. It continues with "pride in its past, faith in its future." Prepared by: Ina Campbell Reference Department Bloomfield Public LibraryEN The Township of Bloomfield has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the township, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the township. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the Township Council ordered the following codification of the township's legislation. Contents of Code The various chapters of the Code contain all currently effective legislation (ordinances) of a general and permanent nature enacted by the Township Council of the Township of Bloomfield, including revisions or amendments to existing legislation deemed necessary by the Township Council in the course of the codification. Division of Code The Code is divided into parts. Part I, Administrative Legislation, contains all township legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other township legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Part III, Board of Health Legislation, contains legislation adopted by the Board of Health. Grouping of Legislation and Arrangement of Chapters The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled "Streets and Sidewalks." In such chapters, use of Article or Part designations has preserved the identity of the individual items of legislation. Table of Contents The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever two or more items of legislation have been combined by the editor into a single chapter, titles of the several Articles or Parts are listed beneath the chapter title in order to facilitate location of the individual item of legislation. Reserved Chapters Space has been provided in the Code for the convenient insertion, alphabetically, of later enactments. In the Table of Contents such space appears as chapters entitled "(Reserved)." In the body of the Code, reserved space is provided by breaks in the page-numbering sequence between chapters. Pagination A unique page-numbering system has been used, in which each chapter forms an autonomous unit. One hundred pages have been allotted to each chapter, and the first page of each is the number of that chapter followed by the numerals "01." Thus, Chapter 6 begins on page 601, Chapter 53 on page 5301, etc. By use of this system, it is possible to add or to change pages in any chapter without affecting the sequence of subsequent pages in other chapters, and to insert new chapters without affecting the existing organization. Numbering of Sections A chapter-related section-numbering system is employed, in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 is § 6-1, while the fourth section of Chapter 53 is § 53-4. New sections can then be added between existing sections using a decimal system. Thus, for example, if two sections were to be added between §§ 53-4 and 53-5, they would be numbered as §§ 53-4.1 and 53-4.2. Scheme The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text. Histories At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing Parts or Articles derived from more than one item of legislation, the source of each Part or Article is indicated in the History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. Codification Amendments and Revisions Sections amended or revised during the process of codification are specifically enumerated in chapter Histories with reference either to "Ch. 1, General Provisions," or to "Chapter 275, General Provisions, Board of Health," where the legislation adopting the Code and making these revisions will appear after final enactment. Sections so amended or revised are also indicated in the text by means of Editor's Noter referring to the chapters cited above. General References; Editor's Notes In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions of other chapters. Appendix Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include. Index The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code. Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at, the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between §§ 45-5 and 45-6 should be designated § 45-5.1). New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the table of contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the table of contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). New Articles may be inserted between existing Articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" Articles (e.g., a new Article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with § 45-30 and Article XVII begins with § 45-31, Article XVIA should contain §§ 45-30.1 through 45-30.6). Supplementation Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment The preparation of this Code has required much time and effort on the part of township officials, particularly in the review and approval of proposed legislation. The assistance of John I. Crecco, Mayor; H. Joseph North, Township Administrator; John A. Bukowski, Jr., Esq., Township Attorney; Richard B. Proctor, Director of Health and Human Services; and the entire Township Council is gratefully acknowledged by the editor. Special acknowledgement is given to Township Clerk, John J. Galvin, for his continuing help in this undertaking. The dedication to the tasks involved in the preparation of this Code by all concerned make it an outstanding achievement of the Township of Bloomfield. The codification of the legislation of the Township of Bloomfield reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code Publishers Corp. that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." EDITOR'S NOTE In accordance with the following, all references in this volume to the "Town of Bloomfield" have been changed to the "Township of Bloomfield." Final Certification and Declaration of Results I, John J. Galvin, Municipal Clerk of the Township of Bloomfield, County of Essex and State of New Jersey, do hereby certify that in accordance with N.J.S.A. 40:43-4 et seq., sufficient petitions were filed in my office to place the following proposal for name change on a ballot: "The official name of the Town of Bloomfield shall be changed to Township of Bloomfield." A special election was conducted on Tuesday, July 21, 1981, for the voters in the poll books of the election districts of the Town of Bloomfield, and the results were as follows: Yes 2638 No 52 As a result of the foregoing vote, it is hereby determined and declared that henceforth the Town of Bloomfield, New Jersey, shall be known as the Township of Bloomfield, New Jersey. In testimony whereof, I have hereunto set my hand and affixed the Seal of said Township of Bloomfield this 21st day of July 1981. s/ ________________ John J. Galvin Township Clerk THE CHARTER CHARTEREN [This Charter consists of Chapter 201 of the Laws of New Jersey 1955, which was approved by the voters of the township at an election held November 8, 1955. A uniform system of stylization (capitalization, punctuation, number clarification, etc.) has been employed, and a listing of section titles has been added preceding the text for the convenience of the user. No substantive changes have been made to the text of the Charter.] § C1. Short title. This Act shall be known as the "Charter Supplement of the Township of Bloomfield, 1955," hereinafter referred to as the "Charter." § C2. Construction. The provisions of this Act shall be construed as a reenactment of those provisions of the referendum act for the incorporation of towns (1895) (N.J.R.S. 40:123-1 et seq.) and all other legislation relating to the township form of government, which are incorporated herein either verbatim or by reference. Upon the adoption of this Charter Supplement by the voters, as hereinafter provided, the township shall be governed by the provisions hereof and by such provisions of general law relating to townships or municipalities generally as are not inconsistent herewith. This Act shall not affect the determination of ward boundaries as heretofore established pursuant to law (N.J.R.S. 40:44-1 et seq.). § C3. Reincorporation. Upon the adoption of this Charter Supplement by the voters, as hereinafter provided, the inhabitants of the Township of Bloomfield in the County of Essex, within the territorial limits of the township as heretofore prescribed by "An act to incorporate the Township of Bloomfield in the County of Essex," approved February 26, 1900 (Laws of 1900, Chapter 3), and any amendments thereof, shall continue as a body politic and corporate with perpetual succession under the name of "The Township of Bloomfield." § C4. Governing body.EN The Township Council shall consist of the Mayor and three (3) Councilmen elected at large and three (3) Councilmen elected by wards, one (1) from each of three (3) wards. At the first general election following the first primary election which is held not less than forty-five (45) days after this section takes effect, Councilmen to be elected for full terms shall be nominated and elected at large, and those to be elected for full terms at the next succeeding election of Councilmen shall be nominated and elected from wards as heretofore. Their respective successors shall thereafter be elected at large and from wards, as the case may be. The township shall be governed by the Township Council, elected as above stated, and by such appointive officers and employees as may be constituted or authorized by general law, the Charter or ordinance. § C5. Election and terms of office of Mayor and Councilmen. The Mayor and Councilmen shall be elected at a general election to serve for terms of three (3) years, beginning January 1 next following their respective elections, and until the election and qualification of their respective successors. The Mayor and Councilmen elected at the general election in November 1956 shall serve for terms of three (3) years. The Mayor and Councilmen in office on January 1, 1957, or who take office on that date, shall continue in office for the remainder of the respective unexpired terms for which they were elected. § C6. Vacancies in offices of Mayor or Councilmen. Whenever a vacancy occurs in the office of Mayor or Councilman, the remaining members of the Council shall fill the vacancy by appointment of a qualified elector of the same political party to serve temporarily until the vacancy is filled by the election and qualification of a successor. The vacancy shall be filled by election of a qualified person at the next general election held not less than forty (40) days following the occurrence of the vacancy, to serve for the remainder of the unexpired term, provided that no election to fill a vacancy for the remainder of an unexpired term shall be held at any general election in which the same office is to be filled by election for a full term. § C7. Powers and duties of Council generally. The Township Council, subject to the provisions of the Charter, shall: A. Serve as the governing body of the township. B. Adopt the township budget, authorize the issuance of bonds and other obligations and levy taxes as authorized by general law. C. Notwithstanding the provisions of Chapter 125 of Title 40 of the New Jersey Revised Statutes (N.J.R.S. 40:125-1 through 40:125-40), have power to organize and regulate the internal affairs of the township, with power to establish, alter and abolish offices, positions and employments and to define the functions, powers and duties thereof and to fix the terms and compensation of all township officers and employees, except that this section shall not be construed to authorize compensation heretofore fixed by referendum to be modified without another referendum. D. Appoint the Township Administrator and fill such other appointive offices, employments and positions as may be created by law or ordinance where no other provision is made for such employment. E. Have power to appropriate and authorize the expenditure of township moneys and to adopt, amend and repeal such ordinances and resolutions as may be required for the good government of the township. F. Exercise such other powers of legislation and administration as are vested in the governing body by general law. § C8. Council procedure. The Council shall act as a whole with respect to all matters within its jurisdiction, and there shall be no standing committees of the Council to perform administrative functions. Special committees and the Chairmen thereof, for legislative purposes, may be appointed by the Mayor at any regular or special meeting of the Council. § C9. Powers and duties of Mayor generally. The Mayor shall have the powers and duties prescribed for the office by general law, the Charter and ordinances of the township. Without limitation of the foregoing, the Mayor shall: A. Have, exercise and discharge the functions, powers and duties of the Councilman at large in townships. B. Preside at all meetings of Council at which he is present and appoint Council committees as authorized by the Charter. C. Exercise such powers of approval and veto of ordinances and resolutions as are conferred upon the Mayor by general law. D. Consult and advise with the Township Administrator during the preparation of the annual township budget, and, upon the preparation of the budget in the manner and form required by the Charter, he shall introduce the budget ordinance in accordance with the Council's rules of procedure. E. Have, exercise and discharge such other and different functions, powers and duties as the Council may delegate to him by ordinance, which it may adopt, amend and repeal as need appears. § C10. Township Administrator. The Township Administrator shall be appointed by the Council to serve for an indefinite term at the pleasure of the Council. He shall be chosen solely on the basis of his executive and administrative qualifications with special reference to his training and actual experience in or his knowledge of accepted practices in respect to the duties of his office. At the time of his appointment, he need not be a resident of the township or state, but during his term of office he may reside outside the township only with the approval of the Council. He may be removed by the Council by vote of a majority of the members of the Council after the service upon him of notice, in writing, stating the intention to remove him and the reasons therefor and giving him an opportunity to be heard at a public hearing not less than twenty (20) nor more than thirty (30) days after the service of such notice. The Township Administrator shall, under the general direction of the Township Council: A. Be responsible for the preparation of the budget document and the compilation and analysis of budget costs and estimates, the maintenance of sound personnel policies and administrative practices; and the purchasing of materials, supplies and equipment to be furnished and work and labor to be done for the township. B. Supervise the administration of all departments, offices and agencies of the township government. C. Conduct prebudget public hearings during the month of November in each year, during which, each department head shall have an opportunity to present and justify his budget requests. D. Prepare the annual budget for introduction in such form and with such explanatory statements and schedules, consistent with the local budget law, as the Council shall provide. E. Approve all bills and vouchers for payment, subject to audit and control in such manner as the Council shall provide. F. Study the governmental and administrative operations and needs of the township government and prepare and recommend to the Council necessary and desirable plans and programs with respect thereto. G. Attend all meetings of Council and perform such other duties as the Council may prescribe. § C11. Budget preparation. The head of each department shall prepare and submit to the Township Administrator, on or before November 1 in each year, budget requests for the ensuing budget year, stating, separately, requests for current operations and for capital purposes. Such requests shall be in such form and shall be supported by such detail as the Township Administrator shall require. § C12. Control function of Council. The Council, by ordinance, shall continue and may, from time to time, modify provisions for the exercise of a control function, in the management of the finances of the township by some officer other than the Administrator. The control function shall include provision for an encumbrance system of budget operation, for expenditures only upon written requisition, for the preaudit of all claims and demands against the township prior to payment and for the control of all payments out of any public funds by individual warrants for each payment to the official having custody of the fund. Such ordinance or ordinances shall supersede, with respect to the Township of Bloomfield, the provisions of N.J.R.S. 40:125-15. § C13. Administrative organization of township. The Council, subject to the provisions of the Charter, shall, on or before the 60th day following the date this Charter takes effect, provide for the organization of the administrative functions of the township government into not more than ten (10) departments. The Council shall also allocate and assign, by ordinance, the administrative functions, powers and duties of the township among and within such departments, subject to the provisions of this Charter and general law. The Council may appoint the Township Administrator to be the head of a department, in which event the provisions of N.J.R.S. 40:125-38 shall be inapplicable to such appointment and the acceptance thereof. § C14. Transitional provisions. All ordinances and resolutions of the township, to the extent that they are not inconsistent with this Charter, shall remain in full force and effect following the adoption of the Charter until modified or repealed by the Council. All officers and employees shall continue in their respective offices and positions subject only to the express provisions of the Charter. The civil service status, tenure and pension rights of officers and employees of the township and of any of its agencies and instrumentalities shall not be affected by the adoption of this Charter. All property rights and obligations, interests in litigation and pending matters of all kinds shall continue unaffected by the adoption of this Act. THE CODE PART I ADMINISTRATIVE LEGISLATION Chapter 1, GENERAL PROVISIONS EN [HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-2-1987; Art. II, 11-19-1962 as Sec. 1-2 of the 1962 Code; Art. III, 11-19-1962 as Sec. 1-6 of the 1962 Code; Art. IV, 11-19-1962 as Secs. 1-7 and 1-8 of the 1962 Code; Art. V, 11-19-1962 as Sec. 1-9 of the 1962 Code. Section 1-17 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.] ARTICLE I, Adoption of Code by Township Council [Adopted 11-2-1987] Be it ordained and enacted by the Township Council of Bloomfield, County of Essex, State of New Jersey, as follows: § 1-1. Adoption of Code. Pursuant to N.J.S.A. 40:49-4, the various chapters and Articles of the 1962 Code of the Town (now Township) of Bloomfield, and the other ordinances of the Township of Bloomfield of a general and permanent nature adopted by the Township Council of the Township of Bloomfield, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 274, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Bloomfield," hereinafter known and referred to as the "Code." § 1-2. Code supersedes prior ordinances. This ordinance and the Code shall supersede the 1962 Code of the Town (now Township) of Bloomfield and all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force. § 1-3. When effective. This ordinance shall take effect immediately upon passage and publication according to law. § 1-4. Copy of Code on file. A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Township of Bloomfield by impressing thereon the Seal of the township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the township, to be made available to persons desiring to examine the same during all time while said Code is in effect. § 1-5. Amendments to Code. Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Township of Bloomfield" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto. § 1-6. Publication; filing. The Clerk of the Township of Bloomfield, pursuant to law, shall cause to be published, in the manner required, a copy of this adopting ordinance in a newspaper of general circulation in the township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this adopting ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. § 1-7. Code book to be kept up-to-date. It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in his office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein. § 1-8. Sale of Code book. Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by resolution of the Township Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof. § 1-9. Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Bloomfield to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to a fine of not more than one thousand dollars ($1,000.) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Judge imposing the same. § 1-10. Severability of Code provisions. Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-11. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-12. Repealer. All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided. § 1-13. Ordinances saved from repeal. The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any ordinance adopted subsequent to May 4, 1987. B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability. C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom. D. Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision. E. Any franchise, license, right, easement or privilege heretofore granted or conferred. F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place, or any portion thereof. G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the township's indebtedness. H. Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation. I. The levy or imposition of taxes, assessments or charges. J. The dedication of property or approval of preliminary or final subdivision plats. K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees. L. Any ordinance regulating vehicles and traffic in the Township of Bloomfield. M. An ordinance adopted 2-17-1987 dealing with attic fans. § 1-14. Nonsubstantive changes in previously adopted ordinances. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one (1) or more of said ordinances. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such. § 1-14.1. Violations and penalties. A. Whenever in the Code adopted by this ordinance or in any other ordinance or resolution of the township or in any rule, regulation or order promulgated by any officer or agency of the township under authority duly vested in him or if any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such Code or any other ordinance or resolution of the township or such rule, regulation or order shall be punished by a fine not exceeding one thousand dollars ($1,000.) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. B. Whenever any provision of the New Jersey Revised Statutes limits the authority of the township to punish the violation of any particular provision of the Code hereby adopted or any other township ordinance or resolution or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then the violation of such particular provision of such Code or other township ordinance, resolution, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine or imprisonment. C. Each day any violation of such Code or any other township ordinance or resolution or rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided. D. Whenever any such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law. ARTICLE II, Definitions [Adopted 11-19-1962 as Sec. 1-2 of the 1962 Code] § 1-15. Word usage and definitions. A. In the construction of this Code and of all ordinances of the township the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Township Council. B. Word usage. (1) And, or. "And" may be read "or" and "or" may be read "and," if the sense requires it. (2) Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted. (3) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males. (4) Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing. (5) Time. Words used in the past or present tense include the future as well as the past and present. C. Definitions. As used in this Code, the following terms shall have the meanings indicated: CODE -- The Code of the Township of Bloomfield, New Jersey. COUNCIL or TOWNSHIP COUNCIL -- The Township Council of the Township of Bloomfield. COUNTY -- The County of Essex in the State of New Jersey. MONTH -- A calendar month. ORDINANCE -- Includes, but shall not be limited to, this Code and all ordinances amendatory and supplementary thereto. OWNER -- As applied to a building or land, shall include any part owner, any corporation, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land. PERSON -- Extends and shall be applied to associations, firms, partnerships and bodies politic and corporate, as well as to individuals. PRECEDING, FOLLOWING -- Next before and next after, respectively. STATE -- The State of New Jersey. STREET -- Includes highways, roads, avenues, courts, public lanes or alleys. It shall also be construed to include sidewalks or footpaths, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Township Council. TOWNSHIP -- Shall be construed as if the words "of Bloomfield, New Jersey," followed it. TOWNSHIP CLERK, CHIEF OF POLICE or OTHER OFFICERS -- The Township Clerk, Chief of Police or such other township officer or department, respectively, of the Township of Bloomfield, New Jersey. WRITING or IN WRITING -- Includes any representation of words, letters or figures, whether by printing or otherwise. ARTICLE III, Official Time [Adopted 11-19-1962 as Sec. 1-6 of the 1962 Code] § 1-16. Official standard time. The standard time of this township shall be the time of the 75th meridian west from Greenwich, and, wherever time is named in this township in any manner whatsoever, it shall be deemed and taken to be such standard time, except that the standard time of this township shall be one (1) hour in advance of such prescribed time from 2:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in September in each year, and except where otherwise expressed. ARTICLE IV, Township Seal [Adopted 11-19-1962 as Secs. 1-7 and 1-8 of the 1962 Code] § 1-17. Description.EN The Seal heretofore provided and used by and for the township is described as follows: On the right is a female figure in a standing posture with her right arm resting on a shield, her left hand holding a cornucopia containing flowers and representative of the horn of plenty. On the left is a female figure in standing posture holding a spear. Between these figures is a shield on which three (3) plows are represented; above is the head of a horse facing toward the left; under the head and at the top of the shield there are six (6) small globular objects or dots. Encircling the whole are the letters "The Township of Bloomfield, New Jersey"; which seal, represented as aforesaid, is hereunto annexed and shall be and is hereby established and declared to have been and now to be the common Seal of the township.EN § 1-18. Custodian. The Township Clerk shall have the custody of the Township Seal, and the same shall be carefully preserved and kept by him at all times in his office. ARTICLE V, Fiscal Year [Adopted 11-19-1962 as Sec. 1-9 of the 1962 Code] § 1-19. Designation. The fiscal year of the township shall begin on the first day of January and end on the last day of December of each year. Chapter 5, ADMINISTRATION OF GOVERNMENT EN [HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 2, Arts. I and II, of the 1962 Code. Sections 5-2, 5-3, 5-7, 5-13B, 5-14, 5-16B, 5-20A, 5-22C, 5-24D and G, 5-34B and E, 5-43B, C and E, 5-51, 5-61C, 5-62, 5-63A, 5-71 and Art. XV amended and § 5-27E added at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.] GENERAL REFERENCES Court -- See Ch. 12. Defense and indemnification -- See Ch. 15. Division of Electrical Services -- See Ch. 17. Ethics -- See Ch. 19. Fire Department -- See Ch. 22. Municipal Insurance Fund -- See Ch. 31. Land use procedures -- See Ch. 36. Police Department -- See Ch. 50. Residency requirements -- See Ch. 55. Salaries and compensation -- See Ch. 59. Administration (Board of Health) -- See Ch. 279. Part 1, Miscellaneous Provisions ARTICLE I, Authorization to Fix Salaries; Obsolete Equipment § 5-1. Salaries for Fire and Police Departments. The Township Council shall be empowered to fix the salaries of officers and members of the Police and Fire Departments of the township in the same manner and to the same extent as the governing body is authorized to fix the salaries and wages of employees in the civil service of the township. § 5-2. Report and valuation of obsolete equipment.EN Each department head of the township shall report to the Township Administrator whenever there is obsolete equipment, materials,supplies or personal property in his department not needed for public use, and thereupon the Township Administrator shall cause an estimate to be made of the value thereof and to report the same to the Township Council, whereupon a motion may be adopted declaring such equipment, materials, supplies or personal property obsolete or surplus and not required for public use and to fix the value thereof. § 5-3. Sale of obsolete equipment.EN The Township Clerk, upon the direction of the Township Council, shall be authorized to sell such items to the person offering the highest price therefor at a private sale if the value thereof, as fixed by such direction, is less than one hundred dollars ($100.). Otherwise, the sale thereof shall be made after advertisement and public bidding by sealed proposal or at a public auction to be authorized by the Township Council.EN ARTICLE II, General Provisions Applicable to Administrative Code § 5-4. Definitions. For the purposes of this chapter, except as the context may otherwise require, the following terms shall have the meanings indicated: CHARTER -- The Charter Supplement of the Township of Bloomfield, 1955 (Laws of New Jersey 1955, Chapter 201)EN and such provisions of general law relating to townships or municipalities generally as are not inconsistent therewith. DEPARTMENT -- An organization unit of the township government established or designated by this chapter as a "department," and any agency or instrumentality of the township government not allocated or assigned to such an organization unit § 5-5. Effect. The adoption of this chapter shall not affect the term, tenure, compensation or pension rights of any person holding any office, employment or position under the township government or any of its departments upon the effective date hereof, except as may be otherwise expressly provided. § 5-6. Recommendations of Administrator. Prior to exercising its Charter power to appoint, suspend or remove any other municipal officer or employee, the Council shall request the Township Administrator to study the question and to report his recommendations. Such recommendations shall be a confidential work paper for the use of the Council exclusively and shall not be a matter of public record. § 5-7. Authority of department heads.EN Each department head shall have power, except as herein otherwise specifically provided, to appoint, suspend or remove subordinate officers and employees within the department, subject to the approval of the Township Administrator and ratification by the Council and in accordance with applicable civil service rules and regulations. § 5-8. General powers and duties of department heads. The head of each department, subject to the Charter, this Code and other ordinances of the township and subject to the approval of the Township Administrator, shall: A. Prescribe the internal organization of the department and the duties of subordinate officers and employees within the department. B. Assign functions, powers and duties to subordinate officers and employees within the department and modify such assignments as need appears. C. Supervise the work of the department through the divisions established by this chapter and such other organization units as the head of the department may find necessary or desirable and supervise and direct the work of the employees in the department. D. Delegate to division heads such of his powers as he may deem necessary for efficient administration. E. Report at least annually to the Council, in such form as shall be approved by the Administrator, on the work of the department during the preceding year. § 5-9. Chief executive officers. Whenever a board, commission or other body is the head of a department and is empowered by the Charter or ordinance to appoint a chief executive officer, such officer shall have and exercise the administrative functions, powers and duties of a department head under this chapter. § 5-10. Bonds. A. Every officer or employee of the township who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of money or funds of the township, and any other officer or employee who may be required to do so by the Council, shall, before entering upon the duties of his office or position, execute and deliver a surety bond, in such amount as may be fixed by resolution of the Council, binding him to the township in its corporate name, conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver the same to the Township Clerk, except that the Township Clerk shall deliver his bond to the Collector-Treasurer before he enters upon the discharge of the duties of his office or employment. B. If any officer or employee shall neglect to execute and deliver his bond as herein required within thirty (30) days after due notification of his election or appointment, his office may be declared vacant by the Council. C. In every case in which any person is required by the laws of the state, this Code or any other ordinance of the township to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state, and the premium therefor shall be paid by the township. Each such bond shall be approved as to form and sufficiency by the Township Attorney, and nothing in this section shall be construed to prevent the use of one (1) or more blanket bonds when so approved. § 5-11. Hours when township offices open. [Amended 10-5-1964; 3-20-1967] A. The public, administrative and executive business offices of the township shall be open for the transaction of public business daily, except on Saturdays, Sundays and legal holidays, between the hours of 9:00 a.m. and 5:00 p.m. [Amended 5-18-1998] B. The Police Department, Fire Department, Maintenance Division of the Department of Public Works and other departments, in times of emergency, shall provide township services for twenty-four (24) hours a day. C. The Township Administrator or a department head may require any officer or employee to be in attendance for work on Saturday whenever he determines that a public exigency or emergency so requires. § 5-12. Surrender of records upon leaving office. Upon the expiration of his term of office or his removal or resignation therefrom, each officer and employee shall forthwith surrender to his successor, or to his superior if there is no successor, all papers, records, maps and property of the township then in his custody or possession. Part 2, Officers and Employees ARTICLE III, Township Council § 5-13. Regular and special meetings. A. Regular meetings. The Township Council shall meet annually for organization at 12:00 noon on the first day of January, unless that day is Sunday, in which case it shall meet on the next succeeding day. The Township Council may, at its option, combine the organization meeting with the first regular scheduled meeting in January. The Council shall meet regularly thereafter on the first and third Mondays of each month at 8:00 p.m., except that the Council may, by resolution, dispense with one (1) or more of the meetings otherwise scheduled for the months of July and August. When the time for any regular meeting of the Council falls on a legal holiday, such meeting shall be held at the same hour on the next succeeding day which is not a legal holiday. [Amended 1-15-1990; 1-15-1991; 12-17-1991; 1-1-1993; 1-4-1994; 2-22-1996] B. Special meetings. The Mayor may, at any time, and upon written request of a majority of the Township Council as fully constituted shall, call a special meeting. The request and call for a special meeting shall specify the purpose of the meeting, and no business shall be transacted at any special meeting other than that specified. The Mayor's call for a special meeting shall be filed with the Township Clerk and served upon each Councilman, as hereinafter provided, at least forty-eight (48) hours prior to the time for which the meeting is called, provided that the Mayor may determine that an emergency exists affecting the health or safety of the people which requires consideration by the Council within a shorter time, and, upon such determination, which the Mayor shall set forth in the call, the call may be filed with the Township Clerk at any time not less than three (3) hours prior to the time set for the meeting. Upon the filing of any call for a special meeting, the Township Clerk shall forthwith give notice thereof by telephone or telegraph to each Councilman at such place as he shall have previously designated for that purpose and shall also serve or cause to be served a written copy of the call upon each Councilman by the delivery of a copy to him personally or by the leaving of a copy at his usual place of abode. The Police Department shall cooperate with the Township Clerk in effectuating such service of notice. Upon written waiver of notice executed by all of the members of the Council, a special meeting may he held without prior notice, notwithstanding the above provisions of this section. [Amended 11-2-1987; 10-21-1996] § 5-14. Conferences. [Amended 11-2-1987; 1-23-1995] The Township Council shall meet on the second and fourth Mondays of each month at 7:00 p.m. in informal conference for the consideration of any township business or meet with any officer or employee of the township or any other person on township business. § 5-15. Order of business. All regular and special meetings of the Council shall be open to the public. The Township Administrator, Attorney, Clerk, Engineer and such other township officers and employees as may be required by general or special order of the Council shall attend regular and special meetings of the Council. The business of the Council at regular meetings and, so far as applicable, at special meetings shall be taken up for consideration and disposed of in the following order: A. Quorum roll call. B. Approval of minutes of previous meeting. C. Opening and reading of bids. D. Administrative agenda presented by the Township Administrator. E. Reports of special Council committees, administrative officers and bodies. F. Communications, both written and oral; also, petitions and hearings, including improvement assessments, zoning and planning matters. G. Introduction of proposed ordinances. H. Hearing upon and adoption or amendment of proposed ordinances on second reading. I. Introduction and adoption of resolutions. J. Other unfinished business. K. New business. L. Miscellaneous. M. Adjournment. § 5-16. Agenda. A. The agenda of the Township Council shall consist of a list of all matters upon the order of business to come before each meeting of the Council. The agenda shall be prepared by the Township Clerk not later than 4:00 p.m. on the Friday preceding each meeting of the Council. Except for emergency matters, which may be added to the agenda at any time with the approval of the Mayor, the agenda for each regular meeting of the Council shall include only such matters of Council business as have been presented or delivered to the Township Clerk not later than 12:00 noon on the Friday preceding the meeting. B. The Clerk shall organize the agenda according to the same classification and order as prescribed by this chapter for the Council's order of business. Each agenda shall, in addition to the items thereon, contain two (2) blank columns headed, respectively, "Reference" and "Completed." As soon as the agenda for each meeting has been prepared, the Clerk shall mail a copy to each Councilman and deliver a copy to the Township Administrator and to each department head. He shall also promptly post a copy of the agenda in a conspicuous place near the entrance to the Municipal Building and distribute copies to the press and to interested citizens upon request for a prescribed fee. [Amended 11-2-1987] C. The Township Administrator shall prepare and submit to the Township Clerk, not later than 12:00 noon on Friday preceding each regular meeting, an agenda of the items the Administrator desires to bring before the Council at such meeting. Each department head shall submit to the Administrator prior to 4:00 p.m. in the afternoon on the Thursday preceding each regular meeting any matter he recommends for presentation to the Council. The Administrator shall include on the agenda such matters so recommended as he deems ready for such presentation. The Administrator's agenda shall be annexed to and become a part of the Council's agenda for each meeting. § 5-17. Presiding officer. The Mayor shall preside at all meetings of the Township Council at which he is present and shall assume the chair as soon as he is in attendance at any meeting which may have been called to order in his absence. In the absence of the Mayor, the Township Clerk shall call the Council to order, and it shall thereupon elect a temporary Chairman for the time being. Upon the arrival of the Mayor, the temporary Chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. § 5-18. Quorum. A majority of all the members elected to the Township Council shall constitute a quorum at any regular or special meeting of the Council, but a lesser number than a quorum may adjourn any meeting. If no member of the Council is present one-half (1/2) hour after the appointed time for any meeting, the Township Clerk shall adjourn the meeting. § 5-19. Reading of minutes. The minutes of the previous meeting of the Township Council may be approved without reading if the Clerk has previously furnished each Councilman with a copy thereof, but, upon request of any Councilman, the minutes or any part thereof shall be read prior to approval. § 5-20. General procedure at meetings. A. Meetings of the Township Council shall, except as herein otherwise provided, be conducted according to Robert's Rules of Order, as revised from time to time.EN B. Presiding officer may debate, vote, etc. The Mayor or such other member of the Council as may be presiding may move, second and debate from the chair and may vote on any question, subject only to such limitations of debate as are by these rules imposed on all members, and he shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the presiding officer. C. Obtaining floor; avoidance of improper references. Every member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. D. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it shall be to call him to order or as herein otherwise provided. If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. E. Privilege of closing debate. The Councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. F. Motion to reconsider. A motion to reconsider any action taken by the Council may be made only at the meeting at which such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session of such meeting. Such motion may be made only by one of the prevailing side but may be seconded by any member and may be made at any time and have precedence over all other motions, and it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking at a subsequent meeting of the Council any motion previously made or considered. G. Remarks of Councilmen; entry of same in minutes. A Councilman may request, through the presiding officer, the privilege of having an abstract, not exceeding one hundred (100) words, of his statement, on any subject under consideration by the Council, entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. H. Synopsis of debate; entry of same in minutes. The Clerk may be directed by the presiding officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. § 5-21. Addressing Council. A. Any person desiring to address the Township Council shall first seek to be recognized by the presiding officer, and such person, upon recognition, shall confine his statement to the order of business prescribed by this chapter. B. Written communications. Under the heading of "written communications," parties affected or their authorized representatives may address the Council in regard to matters then under discussion which are the subject of such communication. C. Oral communications. Under the heading of "oral communications," taxpayers or residents of the Township, or their authorized legal representatives, and any other interested party may address the Council on any matter concerning the township's business or any matter over which the Council has control; provided, however, that preference shall be given to those persons who may have notified the Township Clerk in advance of their desire to speak within the time prescribed by ordinance. [Amended 5-6-1996] D. Reading of protests, etc. Under the heading of "petitions and hearings" in the order of business, interested persons or their authorized representatives may address the Council in regard to matters then under consideration. E. Addressing Council after motion made. After a motion is made by a Councilman, no person shall address the Council except on request of the Council. F. Manner of addressing Counci: time limit. Each person addressing the Council shall step up to the front of the rail, shall give his name and address in an audible tone of voice for the record and, unless further time is granted by the Council, shall limit his statement to five minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No question shall be directed to any speaker by a Councilman, except through and at the discretion of the presiding officer. [Amended 5-6-1996] § 5-22. Adoption of ordinances and resolutions. A. Ordinances may be introduced and read on first and on second reading by reading the title only. Upon the adoption of any amendment following second reading, the amended ordinance shall take the course prescribed by law. Copies of each ordinance and resolution, in printed or typewritten form, bearing a notation by the Township Attorney as to his approval as to form and legality, shall be mailed by the Township Clerk to each Councilman at least forty-eight (48) hours prior to introduction, provided that the failure of the Township Clerk to make such mailing shall not invalidate any action taken by the Council. [Amended 12-29-1980] B. Ordinances and resolutions shall be drafted by the Township Attorney upon request of the Council. Any ordinance or resolution which affects the administration of any department of the township government shall be submitted to the Township Administrator for his review and comment, including consideration by the department affected, prior to its introduction. There shall be appended to the introduced copy of such ordinance a statement of the approval or disapproval of the Township Administrator and of the department head affected and, in the event of the disapproval of either of them, the reasons for such disapproval. C. Each ordinance shall be published by the Clerk, be considered and adopted by the Council and become effective, according to the procedure prescribed by law.EN D. Resolutions, unless laid over by a majority vote of the Council, shall be acted upon at the same meeting at which they are introduced. § 5-23. Voting. A. The vote of the Council upon every ordinance and resolution shall be taken by the Clerk by roll call, and he shall record in the journal the ayes, nays and not voting, as the case may be, on each question put to a vote. B. Unless a member of the Council who is present states that he is not voting, the Clerk shall record him as voting in the affirmative. § 5-24. Purchasing Committee; bids; limitation of powers. [Amended 6-11-1970] A. There is hereby created a Purchasing Committee of the township, consisting of three (3) persons, namely the Township Clerk, the Township Engineer and the Township Administrator. B. The Purchasing Committee shall be authorized to receive such bids as may be presented and immediately proceed to unseal them and publicly announce the contents in the presence of the parties bidding or their representative or agents, if they choose to be then and there present, and shall also make proper records of the prices and terms upon the minutes of the Purchasing Committee. C. The Purchasing Committee shall keep full, complete and accurate minutes of all bids received and shall comply with the application provisions of state law. D. All advertisements for bids under N.J.S.A. 40:50-1 et seq.EN shall designate the time and place of the meeting at which the Purchasing Committee shall receive the bids. Whenever possible, the advertisements for bids shall designate an hour for receiving bids between the hours of 10:00 a.m. and 3:30 p.m. from Monday through Friday, and none shall be received thereafter.EN E. After the bids are received, read and recorded, they shall be turned over to the Township Administrator for tabulation and recommendation to the Township Council. F. The Purchasing Committee herein established shall not be authorized to purchase materials and supplies pursuant to N.J.S.A. 40:507EN but shall exercise only those powers herein enumerated. G. Upon contracts let by open competitive bidding, the Council shall, upon recommendation of the Township Administrator, let the contract in the manner prescribed by law. All such contracts shall be let in accordance with the provisions of the Charter, the Local Public Contracts Law,EN this Code and other ordinances of the township.EN § 5-25. Certification of legislation not signed by Mayor. Whenever an ordinance or resolution shall take effect without the Mayor's signature or by reason of his failure to return and file it with the Clerk within ten (10) days after receiving it, the Clerk shall append to such ordinance or resolution, as engrossed, a certificate in substantially the following form: I hereby certify that the above ordinance (or resolution) was adopted by the Council of the Township of Bloomfield on the _____ day of ______________ was presented to the Mayor duly certified on the ______ day of ______________ and, upon his failure to sign it or return and file it with the Clerk within ten (10) days thereafter, said ordinance took effect in like manner as if the Mayor had signed it. Dated: ________________ Township Clerk § 5-26. Certification of legislation passed over Mayor's veto. Whenever an ordinance or resolution has been vetoed by the Mayor and is passed by the Council notwithstanding such veto in the manner provided by the Charter, the Clerk shall append to such ordinance or resolution, as engrossed, a certificate in substantially the following form: I hereby certify that the above ordinance (or resolution) adopted by the Council of the Township of Bloomfield on the day of _____________ was vetoed by the Mayor of the Township and was passed over said veto on the day of _____________ . Dated: _______________ Township Clerk § 5-27. Decorum at meetings. A. Council members. While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking nor refuse to obey the orders of the Council or its presiding officer, except as otherwise herein provided. B. Other persons. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be barred by the presiding officer from further attendance at that meeting of the Council, unless permission to continue is granted by a majority vote of the Council. C. Enforcement of decorum. The Chief of Police or such member or members of the Police Department as he may designate shall be Sergeants at Arms of the Council meetings and shall be in attendance at Council meetings when requested by the Mayor. The Sergeant at Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the presiding officer, it shall be the duty of the Sergeant at Arms to place any person who violates the order and decorum of the meeting under arrest and cause him to be prosecuted under the provisions of Subsection E of this section, the complaint to be signed by the presiding officer. D. Persons authorized to be within rail. No person, except township officials, shall be permitted within the rail in front of the Council Chamber without the express request of the Council. E. Violations and penalties. Any person who violates any provision of this section shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment not to exceed ninety (90) days, or both.EN ARTICLE IV, Township Clerk § 5-28. Appointment; term; qualifications. [Amended 11-6-1967] A Township Clerk shall be appointed by the Council to hold office for a term of five (5) years, and subject to the provisions of N.J.S.A. 40:46-7 with respect to tenure of office in certain cases.EN The Clerk shall, prior to his appointment, be qualified by training and experience to perform the duties of his office. § 5-29. Additional qualifications. [Added 11-20-1967] The Township Clerk must: A. Have been a citizen of the United States of America for at least five (5) years and, if not a resident of the township at the time of appointment, shall become a bona fide resident of the township within a period of one (1) year following the date of appointment to the position.EN B. Be able to read and write and the English language. C. Never have been convicted of any crime. D. Be of good health and sound in body and mind. E. Be of good moral character. F. Pass a physical examination by the Township Physician or any other physician designated by the Township Council. G. Be at least twenty-five (25) years of age. H. Be a graduate from a four-year course at a college of recognized standing. I. Pocess two (2) years of practical management experience in the fields of accounting, business office management, economics, law, public administration or related fields. § 5-30. Clerk of Council. The Township Clerk shall serve as Clerk of the Township Council and as Secretary of any special legislative committees of the Council that may be appointed pursuant to the Charter. He shall attend all meetings of the Council and of such committees when required by the Chairman thereof. He shall keep a journal of the proceedings of the Council and shall engross all ordinances and all resolutions of a permanent character in books to be provided for that purpose. After each ordinance he shall also engross and certify the proof of publication thereof as required by law. Each ordinance and resolution so engrossed shall be signed by the Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated pursuant to the Charter of the township and, when so signed, the engrossed copy shall be deemed to be a public record of the ordinance or resolution. Any omission by the Clerk or the Mayor to engross, sign or certify as herein required shall not impair or affect the validity of any ordinance which has been duly adopted. § 5-31. Custodian of records. The Township Clerk shall have custody of and shall safely keep all records, books and documents of the township, except such as shall be committed by Charter or ordinance to any other office or be transferred thereto by resolution of the Council. He shall, upon request and upon the payment of the fees prescribed therefor by resolution of the Council for the use of the township, furnish a certified copy of any such paper in his custody, under the Corporate Seal of the township. § 5-32. Corporate Seal. The Township Clerk shall cause the Corporate Seal described in § 1-17 to be affixed to instruments and writings when authorized to do so by any ordinance or resolution of the Council or when necessary to exemplify any document on record in his office or to certify any act or paper which, from the records in his office, shall appear to have been a public act of the township or a public document. He shall not affix the Seal or cause or permit it to be affixed to any instrument in writing or other paper, except as provided in this section, unless required to do so by law or ordinance. § 5-33. Custodian of certain papers. The Township Clerk shall be the depositary and custodian of all official surety bonds furnished by or on account of any township officer or employee, except his own bond, which shall be placed in the custody of the Township Collector-Treasurer; all insurance policies upon or with respect to risks insured for the benefit of the township or to protect it against any claim, demand or liability whatsoever; and all formal contracts for work, labor, services, supplies, equipment and materials, to which the township may be a party. The Clerk shall also have custody of all leases of property owned by the township. He shall report annually, at such time as the Council may require, on the coverage, expiration date and premium of each surety bond and contract of insurance. He shall also, at the same time, summarize outstanding leases, the rent reserved by each and their respective expiration dates. The Township Clerk shall also be the depositary for and have custody of all performance bonds running to the township as obligee, or any other form of security, given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the township. § 5-34. Additional powers and duties. In addition to such other functions, powers and duties as may be prescribed by the Charter and this Code, the Township Clerk shall: A. Perform all of the functions required of Municipal Clerks by the General Election Law (Title 19 of the Revised Statutes) and any other law or ordinance and receive the fees prescribed therefor. B. Administer the provisions of this Code with reference to the licensing of the several trades, occupations and activities for which licenses are required by law or ordinance to be obtained from the Township Clerk.EN C. Issue such licenses as may be authorized by the Council pursuant to the State Alcoholic Beverage Control LawEN and this Code. D. Perform such functions as are vested in the Municipal Clerk by state law and ordinances relating to bingo and raffle licensing. E. Issue certificates as to approval of land subdivisions by the Township Planning Board or the Council, pursuant to the State Municipal Land Use Law.EN F. Serve as Secretary of the Township Planning Board and of the Township Zoning Board of Adjustment. G. Have such other, different and additional functions, powers and duties as may be prescribed by law or ordinance. ARTICLE V, Township Administrator § 5-35. Appointment; compensation; Acting Township Administrator upon vacancy in office. A. The Township Administrator shall be appointed by the Council in the manner and subject to the qualifications prescribed by the Charter. B. He shall receive such annual compensation as shall be provided in the Salary Ordinance.EN C. Whenever and so long as there is a vacancy in the office, the Mayor may serve as Acting Township Administrator and shall, for the time being, have all the functions, powers and duties of the Township Administrator. § 5-36. General budgetary functions. [Amended 11-18-1968] As provided by the Charter, the Township Administrator, under the general direction of the Township Council, shall: A. Be responsible for the preparation of the budget document and the compilation and analysis of budget costs and estimates. B. Conduct prebudget public hearings during the month of January in each year, during which each department head shall have an opportunity to present and justify his budget requests. C. Prepare the forms, schedules and exhibits for each annual budget upon the basis of departmental requests and the budget hearings which he conducts and within such policy guides as may be prescribed by resolution of the Council. D. Prepare the annual budget for introduction in such form and with such explanatory statements and schedules, consistent with the Local Budget Law,EN as the Council shall approve. § 5-37. Budget preparation. [Amended 11-18-1968] As required by the Charter, each department head shall prepare and submit to the Township Administrator, on or before December 1 in each year, the departmental budget request for the ensuing budget year. Such request shall be in such form and shall be supported by such detail as the Administrator shall require. Each department shall also maintain such daily records of operation, costs and performance for budget justification as the Administrator may require. The budget requests and appropriations for each department shall include all of the organization units within the department. § 5-38. Budget operation; limitation of expenditures. The Township Administrator shall control the expenditure programs of each department through provision of work programs and periodic allotments of budgeted appropriations. No department shall incur any expenditure in excess of the amount so allotted, and no bill, claim or voucher shall be paid for an expenditure made in violation of this section, except upon specific approval of the Council. Whenever it shall appear to the Township Administrator that the amount appropriated for any department or for any purpose within a department is in excess of the amount required to be expended to provide the quantity and quality of services authorized by the budget, the Township Administrator may, by administrative order with the approval of the Council, reduce the amount available for expenditure by any department during the remainder of any year. No expenditure shall be made or incurred, nor shall any bill, claim or voucher be paid, which, together with all prior expenditures, exceeds the amount of the appropriation to any department as so reduced. § 5-39. Administrative duties. The Township Administrator shall: A. Supervise the administration of all departments of the township government and be responsible for the maintenance of sound personnel policies and administrative practices. B. Approve all bills and vouchers for payment subject to audit and control as provided herein. C. Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services. D. Maintain all personnel records, vacation and sick leave schedules and records and provide for compliance by the township with Civil Service Law and regulations.EN E. Study the governmental and administrative operations and needs of the township government and prepare and recommend to the Council necessary and desirable plans and programs with respect thereto. F. Attend all meetings of the Council and perform such other duties as the Council may prescribe. Part 3, Departments ARTICLE VI, Law Department [Amended 3-6-1978] § 5-40. Establishment; composition, Department head; appointments; terms of office; salaries and compensation. A. There shall be a Department of Law, which shall consist of a Director of Law -- Township Attorney, a First Assistant Director of Law -- Township Attorney and a Prosecutor. B. The head of the Department shall be the Director of Law -- Township Attorney. C. The Director of Law -- Township Attorney, his Assistant and the Prosecutor shall be appointed by the Township Council for terms of two (2) years and shall receive such annual compensation as shall be provided in the Salary Ordinance.EN § 5-41. Powers and duties of Director of Law -- Township Attorney. The Director of Law -- Township Attorney shall: A. Perform the functions, powers and duties delegated to him by the Charter and by ordinance and resolution of the Township Council. B. Be the attorney of record in all court proceedings wherein the township or any department or officer thereof shall be a party by virtue of their official relationship. C. Attend all meetings of the Township Council, whether regular, adjourned or special, and all conferences of the Township Council as requested. D. Advise the Mayor and Township Council, Township Administrator and Township Clerk, upon their request, on any and all legal matters relating to the township government. E. Advise department heads on legal matters relating to their departments and township government. F. Prepare and supervise the preparation of contracts, deeds and other legal documents required by the Township Council and administrative officers of the township. G. Supervise the personnel of the Law Department, except where supervision of attorneys would conflict with the duty of their appointment. H. Control and manage the property of the Law Department. I. Perform all services necessary for the acquisition by negotiation or condemnation of property required by the township. J. Be available for meetings and consultations with the Administrator or his staff when requested by the Administrator. K. Review all employee accident reports and medical vouchers for injuries arising out of and in the course of employment. L. Provide such other legal services as may be directed by the Township Council. § 5-42. Powers and duties of First Assistant Director of Law -- Township Attorney. The First Assistant Director of Law -- Township Attorney shall: A. Represent the Township of Bloomfield in all claims or lawsuits brought by or against the township, including appeals, as requested by the Township Council or the Township Attorney and perform all services related thereto. B. Make appearances, as required, before county and state administrative agencies, including tax appeals. C. Attend all Planning Board meetings and provide legal advice, guidance and opinions requested by said Board. D. Represent the Township of Bloomfield in it management labor relations, including but not limited to negotiations, grievances, administrative proceedings, arbitration and litigation. E. Be available for meetings and consultations with the Administrator or his staff when requested by the Administrator. F. Provide such other legal services as may be directed by the Township Attorney or by the Township Council. § 5-43. Powers and duties of Prosecutor. The Prosecutor shall: A. Assist and advise department heads and police officers in the preparation, filing and prosecution of complaints in the Municipal Court. B. Prosecute all complaints filed in the Municipal Court as requested by the Judge of the township.EN C. Furnish advice to the Clerk of the Municipal Court in connection with the filing of charges, when requested.EN D. Prepare charges and prosecute hearings before the Township Council and Civil Service for all disciplinary proceedings and before the Township Council for alcoholic beverage control violations, unless otherwise assigned by the Township Council. E. Represent the Township of Bloomfield in all appeals taken from decisions from the Municipal Court unless such appeal is otherwise assigned by the Township Council. [Amended 11-2-1987] F. Provide such other legal services as may be directed by the Township Attorney or by the Township Council. § 5-44. Special counsel. The Director of Law -- Township Attorney shall have the power, with the approval of the Mayor and Council and within the limits of available appropriations, to engage such additional or specialized counsel to aid in the performance of the functions of the Department, including but not limited to acting as attorney for the Zoning Board of Adjustment, Rent Leveling Board and other boards of the township and in the preparation, trial or appeal of such cases or proceedings of importance in which the township may be a party or be interested. § 5-45. Compromise power limited. The township's attorneys shall not, without the approval of the Council by resolution, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the township or to accept any offer of judgment in favor of the township, provided that this section shall not operate to limit or abridge the discretion of the township's attorneys in regard to the proper conduct of the trial of any action or proceedings or to deprive them of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients. ARTICLE VII, Department of of Finance [Amended 1-19-1976; 2-6-1978] § 5-46. Establishment; Department head. [Amended 2-21-1989] There shall be a Department of Finance, the head of which shall be the Director of Finance. The Director of Finance shall also hold the title of Chief Financial Officer. § 5-47. Powers and duties of Director of Finance. The Director of Finance shall: A. Supervise all financial activities. B. Advise the Township Administrator and/or governing body of fiscal policy. C. Manage township investments. D. Manage debt administration. E. Make interim and annual financial reports. F. Assemble budget estimates and assist in preparing the budget document; assist in any modifications to the budget document. G. Conduct studies relative to improvements in administrative organization and procedures within the Department. H. Operate an efficient municipal accounting system which collects, classifies, records, aggregates, preserves, retrieves and analyzes data in order to provide information for the purpose of decisionmaking. § 5-48. Enumeration of Divisions. There shall be, within the Department of Finance, the following divisions: A. The Division of Revenue, the head of which shall be the Collector. B. The Division of Accounts and Control, the head of which shall be the Director of Accounts and Control. C. The Office of Township Treasurer, the head of which shall be the Township Treasurer. § 5-49. Financial Advisory Board. A. There shall be, within the Department of Finance, a Financial Advisory Board of seven (7) members, to be appointed by the Council. B. Each member of the Board shall serve for a term of five (5) years. C. The members of the Board shall, prior to their appointments, have had responsible experience in banking and finance and preferably in the investment of trust funds. D. The members shall serve without compensation but shall be entitled to reimbursement of expenses necessarily incurred in the performance of their duties. E. The Board shall each year choose a Chairman from among its members. F. The Board shall have the following functions: (1) It shall advise and consult with the Director of Finance with respect to the fiscal policies and procedures of the township government. (2) It shall recommend desirable investment policies and practices for the deposit of current working capital of the township and for the investment of its surplus funds. (3) It shall, from time to time review the conduct of the Department and make recommendations to the Director and to the Council for changes or improvements, as need appears. § 5-50. Powers and duties of Collector. A. Collection functions. The Collector shall: (1) Receive and collect all current and delinquent real and personal property taxes, charge and receive penalties and interest pursuant to law and account for all collections, in such form and manner and at such times as may be prescribed or approved by the independent auditor of the township's accounts. (2) Make or cause to be made and certify searches for tax and other liens on real property in the township as may be authorized by law and charge and collect for the use of the township the fee required pursuant to law for any such search. An official tax searcher may be appointed or designated to perform these functions within the Division of Revenue Collection. (3) Perform the functions of a collector of taxes under general law, including, without limitation thereto, the extension of each year's tax on the tax duplicate, the preparation and mailing of tax bills and the maintenance of tax accounting records in such manner as may be prescribed or approved by the independent auditor of the township's accounts. (4) Collect parking revenues and keep and maintain records and accounts thereof and maintain the parking meters in a soundly working order. (5) Deposit daily to the credit of the township all money received in one (1) or more depositories selected by the Council, maintain full and complete records and accounts of all sums collected and received according to such procedures and systems as may be prescribed or approved by the independent auditor of the township's accounts and Director of Finance and make such periodic reports and accountings of the funds of the township in his custody or control as the Council may require, which reports and accountings shall be filed as a public record with the Township Clerk and Director of Finance. (6) Keep adequate records of taxpayers' accounts, local improvements, assessments and tax title liens. B. Duties as to water accounts. The Collector also shall: (1) Be responsible for the reading of water meters throughout the township and for the recording of water consumption and the charging of consumer accounts according to the rates duly established pursuant to the Charter and ordinances. (2) Render bills for water and miscellaneous charges to consumers. (3) Receive payments of water accounts. (4) Collect delinquent accounts and report the names of delinquent accounts which are more than six (6) months past due to the Director of Finance. (5) Maintain adequate books and records to record all charges, payments, credits and delinquencies in water accounts. § 5-51. Central cashier.EN Within the Division of Revenue there shall be a central cashier's office. All cash receipts of the township government, except fines imposed for traffic violations or in the Municipal Court, shall be received and accounted for by the cashier. Until such time, however, as the Township Administrator shall determine that proper procedures have been established for such central receipt and collection of the various service charges, fees and license fees required under the Charter or ordinances, they may be received and accounted for as heretofore. § 5-52. Powers and duties of Township Treasurer. The Township Treasurer shall: A. Have custody of all funds belonging to or under the control of any township department He shall deposit all funds received by him in such depositories as may be designated by resolution of the Council. He shall administer the necessary bank accounts and manage cash balances in accordance with established policy. B. Have custody of all investments and invested funds of the township government or in possession of the township in a fiduciary capacity, except as otherwise provided by law, which he shall keep safely invested with the advice and approval of the Director of Finance; he shall account for all interest earned on investments in the township's books and accounts. C. Account for maturing bonds and notes through the maintenance of a bond register. He shall have the safekeeping of all bonds and notes of the township and the receipt and delivery of township bonds and notes for transfer, registration or exchange. D. Receive and safely keep and disburse all money raised and received for the public schools and keep separate accounts thereof. No money shall be paid out of the public school funds by the Treasurer except on warrant signed by the President and Secretary of the Board of Education of the township, in pursuance of an order or resolution passed at a stated meeting of the Board of Education and entered in its minutes. E. Make disbursement of township funds upon warrant of the Director of Accounts and Control by an individual warrant check for each bill and claim, as approved by the Township Administrator and not otherwise. Every warrant shall be 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. Each warrant check shall bear the signatures of the Mayor and the Township Administrator, or the Acting Township Administrator, and the Township Treasurer, or the Acting Township Treasurer, as the case may be. (1) Individual warrants for salaries and wages due to township officials and employees shall not be drawn. One (1) warrant, covering the total amount of such salaries and wages then due, shall be drawn payable to the order of the Township Treasurer. The Township Treasurer shall deposit such warrant check in a township depository in a special account, to be known and designated as the "Township of Bloomfield Payroll Account," which is hereby established and authorized. Thereafter, the Division of Accounts and Control shall draw separate checks on such special account, payable to the order of the respective recipients of such salaries and wages. (2) Such checks shall require only one (1) signature and shall be signed by the Township Treasurer, whose signature may be mechanically affixed to such checks by his facsimile signature plate. (3) In the absence of the Township Treasurer or in the event of a vacancy in such office or position, such payroll checks shall be signed by the Acting Township Treasurer manually or by his facsimile signature plate. F. Keep general accounting records as prescribed by the Director of Finance, to include cash receipts and cash disbursements, journals and a general journal and general ledger. He shall, at least once every month and more often if the Township Council requires, furnish the Council with a statement of all money received and expended by him, including school money, subsequent to his last report. He shall annually, on the 31st day of January, make a full report to the Township Council of all his receipts and expenditures and shall, whenever required, lay before the Township Council for examination and audit all books, papers and vouchers appertaining to his office. § 5-53. Division of Accounts and Control. There shall be a Division of Accounts and Control, the head of which shall be the Director of Accounts and Control. The Division shall maintain the books of account of the township government according to such forms, standards and procedures as shall be prescribed or approved by the independent auditor of the township's accounts and the Director of Finance. Any township official shall, at the request of the Director of Accounts and Control, place at his disposal all records, books, warrants, documents, bonds, reports and papers in his custody belonging to the township which he may deem necessary to aid him in his duty of keeping such accounts. § 5-54. Powers and duties of Director of Accounts and Control. The Director of Accounts and Control shall: A. Maintain the township's central accounting records and enforce a uniform system of accounts for all departments of the township government, provided that such system shall, so far as consistent with sound accounting principles, facilitate the production of records of the cost of performance of each functional program or activity, measured in such work units as may be prescribed or approved by the Township Administrator. B. Preaudit all bills, claims and demands against the township, including payrolls, for which each department head shall be required to certify that the materials, supplies or equipment has been received or the services rendered. C. Maintain a central payroll system. D. Control all expenditures to assure that budget appropriations are not exceeded and pass upon each proposed expenditure for conformity with the Charter and ordinances of the township and, unless the Director of Accounts and Control shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no commitment or expenditure shall be made. E. Keep books and records of account for the exercise of the foregoing financial and budgetary control over each department of the township government and keep such accounts as will show the amount of each appropriation, the cumulative amount paid therefrom and the unpaid obligations and unencumbered balance thereof. F. Prepare for each regular meeting of the Township Council a list of all bills, claims and vouchers which have been paid through the close of business on the Friday next preceding the meeting and since the last preceding list was compiled. Such lists shall be prepared in sufficient copies for each member of the Council, for the Township Clerk and the Township Administrator. The Clerk shall keep his copy of the list as a public record, open to examination in his office at all times. § 5-55. Payment of salaries and wages. A. The annual salaries of salaried employees shall be paid in twenty-six (26) equal payments, when practicable. (1) The first payment shall be paid on the first Friday following the second Monday in January and shall include all salary then due. Succeeding payments shall be paid every second Friday thereafter. (2) A final salary check, if necessary, shall be paid to complete the annual salary due to each salaried employee on or before December 31 in each year. B. Hourly employees shall be paid every two (2) weeks for all hours worked in each payroll cycle through 12:00 midnight of the Sunday prior to the established payroll date. ARTICLE VIII, Department of Public Works § 5-56. Establishment; Department head. There shall be a Department of Public Works, the head of which shall be the Township Engineer. The Township Engineer shall, prior to his appointment, be a graduate of an accredited college or school of engineering and licensed to practice as a professional engineer in this state. The Township Engineer shall be appointed by the Council and shall receive such compensation as may, from time to time, be fixed in the Salary Ordinance.EN The Township Engineer shall devote his entire time during business hours to the duties of his office and shall not be interested, directly or indirectly, in any firm or corporation in private practice. He shall not be pecuniarily interested in any contract for township work. § 5-57. Township Engineer. The Township Engineer shall be responsible for the proper and efficient conduct of all public work functions of the township government and shall provide technical and engineering advice and assistance to all other departments of the township government as needed. He shall have power, with the approval of the Mayor and Council and within the limits of available appropriations, to engage such specialized and consulting engineers for specific projects and purposes as he may deem necessary for the proper administration of the functions of the Department. He shall: A. Prepare all plans and specifications for public works and improvements undertaken by the township, either on force account or by contract. B. Supervise all construction and maintenance work pertaining to public streets, sewers, drains, water distribution and conservation, public buildings and parking lots. C. Provide for and supervise the maintenance of all public buildings and grounds and the care of shade trees and greens. D. Plan, administer and control snow removal on township streets and roads, as need appears, within the limits of available appropriations. E. Supervise the performance of public contracts for scavenger service and streetlighting. F. Provide and maintain maps, plans and specifications, surveys and operating records with respect to public property, works and facilities owned or operated by the township government G. Issue such certificates as may be necessary and approve all bills with respect to work performed under his supervision. H. Issue certificates as to liability for assessment for municipal improvements, pursuant to law. I. Perform such other and different engineering services and make such reports as may be required by the Charter of this Code or by the Township Administrator. § 5-58. Enumeration of Divisions. [Amended 11-15-1965] There shall be Divisions within the Department of Public Works as follows: A. Division of Engineering, the head of which shall be the Assistant Township Engineer. B. Division of Maintenance, the head of which shall be the Superintendent of Maintenance. C. Division of Electrical Services, the head of which shall be the Superintendent of Electrical Services. § 5-59. Division of Engineering. The Division of Engineering shall: A. Supervise and provide office and field engineering services required by the Department B. Prepare plans and specifications, make surveys and maps, maintain the Township Tax Map on a current basis and perform design and drafting work as required. C. Supervise and direct the installation and administration of departmental records, payroll and inventory controls and cost analyses, subject to the approval of the department head and the Township Administrator. § 5-60. Division of Maintenance. The Division of Maintenance shall: A. Maintain the township's streets and roads in a clean and safe condition for travel. B. Maintain all pipes, mains, catch basins, drains and facilities of the township water, sanitary and storm sewer systems in a sound condition for efficient operation. C. Operate, maintain, clean and repair, as needed, all municipal buildings other than fire houses. D. Control and supervise the use of all township equipment, maintenance buildings and storage areas used by the Department. E. Care for, maintain and cultivate township grounds, shade trees and greens. F. Provide for snow removal according to plans and methods adopted by the Department.EN § 5-61. Division of Electrical Services. There shall be a Division of Electrical Services, the head of which shall be the Superintendent of Electrical Services. He shall be appointed by the Township Council and shall, prior to his appointment, be qualified by special training and experience of at least ten (10) years as a skilled electrician in the building trades. The Division shall: A. Perform all the functions, powers and duties vested in the Superintendent of Police and Fire Signal Systems as heretofore provided by law or ordinance. B. Perform all of the functions, powers and duties of the Electrical Inspector provided in Chapter 17 and as may be vested in the Electrical Inspector or in the Superintendent of Police and Fire Signal Systems by any other law or ordinance. C. Maintain and repair all township traffic control lights and electrical warning signals.EN ARTICLE IX, Department of Assessments § 5-62. Establishment; Department head.EN A. There shall be a Department of Assessments, the head of which shall be the Township Tax Assessor. The Assessor shall, prior to his appointment, be qualified by training and experience of at least five (5) years in the valuation of real and personal property. B. He shall receive such compensation as shall be provided in the Salary Ordinance.EN C. Vacancies shall be filled by the Council for the unexpired term only. D. The Assessor shall perform all of the functions, powers and duties prescribed by law for a Municipal Assessor or by any other law or ordinance vesting powers in a Municipal or Township Tax Assessor. § 5-63. Appointment of Assessor; Assistant Assessor and other employees. A. The provisions of N.J.S.A. 40A:9-146 through 40A:9-148.1 are adopted for the township to authorize the appointment of the Assessor by the Council.EN B. The Department may also include an Assistant Tax Assessor and such other employees as may be authorized to be appointed under the Charter, this Code and other ordinances of the township. ARTICLE X, Department of Health and Welfare § 5-64. Establishment; Department head; chief executive officer. A. There shall be a Department of Health and Welfare, the head of which shall be the Board of Health and Welfare. The Board shall consist of the members of the Board of Health and the members of the Local Assistance Board, ex officio. B. The Board of Health and Welfare shall appoint the Local Health Officer as chief executive officer of the Department. § 5-65. Enumeration of Divisions; appointment of Local Health Officer and Director of Welfare. [Amended 12-16-1963] A. There shall be two (2) divisions within the Department of Health and Welfare, as follows: (1) Division of Health, which shall consist of a Board of Health of five (5) members, to be appointed in the manner and for the terms provided by the Charter, this Code and other township ordinances, and the Local Health Officer and the officers and employees of the Division. (2) Division of Welfare, which shall consist of a Local Assistance Board of five (5) members, to be appointed in the manner and for the terms provided by N.J.S.A. 44:8-115 and 44:8-116, the Charter, this Code and other township ordinances, and the Director of Welfare and other officers and employees of the Division. B. The Local Health Officer and the Director of Welfare shall be appointed by the respective boards, subject to the approval of the Council, for the terms prescribed by law and shall be removable as provided by the Charter. § 5-66. Powers and duties of Division of Health. Subject to the provisions of this chapter, the Division of Health shall have and perform all of the functions, powers and duties vested in a Local Board of Health, Health Officer or Local Health Department by state statutes, this Code and other ordinances of the township. § 5-67. Powers and duties of Division of Welfare. Subject to the provisions of this chapter, the Division of Welfare shall perform all of the functions, powers and duties of a Local Assistance Board and Director of Welfare as prescribed by state statute, this Code or other ordinances of the township. ARTICLE XI, Department of Recreation § 5-68. Establishment; Department head. [Amended 2-7-1966] A. There shall be a Department of Recreation, the head of which shall be the Board of Recreation Commissioners. B. The Board shall consist of seven (7) citizens and residents of the township, each of whom shall be appointed by the Mayor for a term of five (5) years. The members shall serve until their respective successors are appointed and shall qualify. C. Vacancies shall be filled by the Mayor for the unexpired term only. D. The members of the Commission shall receive no compensation for their services. E. Upon the original appointments of the two (2) additional Commissioners provided for herein, one (1) Commissioner shall be appointed for a term of four (4) years and one (1) Commissioner shall be appointed for a term of five (5) years. F. The Mayor of the Township of Bloomfield shall appoint two (2) Alternate Commissioners to the Board of Recreation Commissioners of the Township of Bloomfield, who shall be designated by the President of the Board of Commissioners as "Alternate No. 1" and "Alternate No. 2" and who shall serve in rotation during the absence or disqualification of any regular Commissioner or Commissioners. The term of each Alternate Commissioner shall be two (2) years; provided, however, that upon the initial appointment of the two (2) Alternate Commissioners, one (1) such Alternate Commissioners' appointment shall be for one (1) year. [Added 10-3-1988] § 5-69. Powers and duties. The Department of Recreation shall have the functions, powers and duties of a Board of Recreation Commissioners established and appointed pursuant to statute, subject to the requirements of this chapter with respect to administrative departments generally. § 5-70. Chief executive officer. [Amended 12-20-1993] The Board of Recreation Commissioners, subject to approval of the Township Council, shall appoint a chief executive officer, to be known as the "Recreation Director," an unclassified position. He/she shall, prior to his/her appointment, be qualified by training and experience for the duties of his/her office. § 5-71. Civic Center. [Amended 11-2-1987] The Department of Recreation shall control and manage the Township Civic Center. The Department shall develop, sponsor and operate public recreational programs, sports, games, outdoor exhibitions, contests and concerts and may charge and collect for the use of the township a reasonable fee for admission or for the use of recreational facilities, subject to such limitations as are established by law. The Department shall be provided with office and administrative space in such Civic Center. ARTICLE XII, Police Department § 5-72. Establishment; Department head. There shall be a Police Department, the head of which shall be the Chief of Police. He shall be appointed in such manner and shall have such tenure of office as may be provided by the Charter, this Code and other township ordinances and shall receive such compensation as is provided in the Salary Ordinance.EN § 5-73. Powers and duties. The Department shall have all of the functions, powers and duties prescribed by law for a Municipal Police Department generally or by any provision of the Charter, this Code and other township ordinances relating to the Township Police Department, Chief of Police or the officers and men of the Department. ARTICLE XIII, Fire Department § 5-74. Establishment; Department head. [Amended 12-6-1993] A. There shall be a Fire Department, the head of which shall be the Director of the Fire Department. He shall be charged with the policymaking, planning, management and administration of the Department and all personnel therein, including the Fire Chief. The Director of the Fire Department shall be appointed in such manner and shall have such tenure of office as may be provided by the Charter, this Code and other township ordinances and shall receive such compensation as is provided in the Salary Ordinance.EN B. The Fire Chief shall be responsible for the day-to-day operation of the Fire Department. The Fire Chief shall be appointed in such manner and shall have such tenure of office as may be provided by the Charter, this Code and other township ordinances and shall receive such compensation as is provided in the Salary Ordinance.EN § 5-75. Powers and duties. [Amended 12-6-1993] The Department shall have all of the functions, powers and duties prescribed by law for a municipal fire department generally or by any provision of the Charter, this Code and other ordinances relating to the Township Fire Department, Director, Fire Chief or the officers and men of the Department.EN ARTICLE XIV, Department of Planning and Development [Added 11-20-1967] § 5-76. Establishment; Department head. There is hereby created and established a Department of Planning and Development, the head of which shall be the Planning Coordinator. § 5-77. Powers and duties. The Department of Planning and Development shall: A. Assist the Township Council in regard to the physical planning and public improvement aspects of all matters related to the development of the township. B. Provide staff assistance to the Planning Board in all matters under its jurisdiction. C. Conduct continuous studies and collect statistical and other data to serve as the basis for planning recommendations. D. Study the operation and effect of land use controls and their administration within the township and report thereon to the Township Council. E. Study and analyze the community renewal program and make recommendations relating thereto to the Township Council and the Planning Board. F. Develop programs and activities and make recommendations to the Township Council for the rehabilitation of housing and the conservation of neighborhoods. G. Make such other studies, surveys and reports as the Township Council may, from time to time, request for organizing, promoting and administering a comprehensive planning service for the township. § 5-78. Establishment, appointment, term and compensation of Planning Coordinator; vacancy in position. A. The position of Planning Coordinator in the unclassified service of the township is hereby created and established. B. The Planning Coordinator shall be appointed by the Township Council to serve for a term of five (5) years and shall receive such annual compensation as shall be provided in the Salary Ordinance.EN C. Vacancies in the position of Planning Coordinator shall be filled by the Township Council for the unexpired term only. § 5-79. Qualifications of Planning Coordinator. To be appointed Planning Coordinator, the candidate for appointment must possess the following qualifications: A. Have been a citizen of the United States of America for at least five (5) years and, if not a resident of the township at the time of appointment, shall become a bona fide resident of the township within a period of one (1) year following the date of appointment to the position. B. Be able to read and write the English language. C. Never have been convicted of any crime. D. Be of good health and sound in body and mind. E. Be of good moral character. F. Pass a physical examination by the Township Physician or any other physician designated by the Township Council. G. Be at least twenty-five (25) years of age. H. Be a graduate from a four-year course at a college of recognized standing or must have completed at least three (3) years of undergraduate training at a college of recognized standing and possess two (2) years of practical management experience in the fields of architecture, construction, economics, engineering, landscape architecture, law, planning, public administration, real estate, sales or other related fields. I. Possess at least one (1) year of practical management experience in the fields of architecture, construction, economics, engineering, landscape architecture, law, planning, public administration, real estate, sales or other related fields. § 5-80. Powers and duties of Planning Coordinator. A. The Planning Coordinator shall serve as Secretary to the Planning Board and as Secretary to the Zoning Board of Adjustment without additional compensation and shall attend all meetings of such Boards. B. At the request of the Township Council, the Planning Coordinator shall attend such meetings and conferences of the Township Council as directed from time to time. ARTICLE XV, Department of Community Development and Inspections [Added 11-15-1965; amended at time of adoption of CodeEN] § 5-81. Establishment; Department head. There is hereby created and established a Department of Community Development and Inspections, the head of which shall be the Director of Community Development and Inspections. § 5-82. Establishment, appointment, term and compensation of Director of Community Development and Inspections; vacancies in position. A. The position of Director of Community Development and Inspections in the unclassified service of the township is hereby created and established. B. The Director of Community Development and Inspections shall be appointed by the Township Council to serve for a term of four (4) years and shall receive such annual compensation as shall be provided in the Salary Ordinance.EN C. Vacancies in the position of Director of Community Development and Inspections shall be filled by the Township Council for the unexpired term only. § 5-83. Qualifications of Director of Community Development and Inspections. To be appointed Director of Community Development and Inspections, the candidate for appointment must possess the following qualifications: A. Have been a citizen of the United States for at least five (5) years and, if not a resident of the township at the time of appointment, shall become a bona fide resident of the township within a period of one (1) year following the date of appointment to the position. B. Be able to read and write the English language. C. Never have been convicted of any crime. D. Be of good health and sound in body and mind. E. Be of good moral character. F. Pass a physical examination by the Township Physician or any other physician designated by the Township Council. G. Be at least twenty-five (25) years of age. H. Be qualified by training and experience for the duties of the office. § 5-84. Powers and duties of Director of Community Development and Inspections. The Director of Community Development and Inspections shall: A. Be responsible for the management of the Department of Community Development and Inspections and of other officers and employees of the Department. B. Keep accurate records and books of account of all of his transactions and of the work and transactions of his Department. C. Prepare the annual budget recommendations of the Department and shall comply with the provisions of and shall have the authority, powers and duties of department heads under this Code as the same relates to department heads. D. Attend all regular meetings of the Township Council and, in his absence, shall designate some other officer of the Department to attend. E. Attend such conferences of the Township Council as directed from time to time. § 5-85. Assignment of duties. The Director of Community Development and Inspections shall assign duties to the other officers and employees of the Department, consistent with civil service requirements, rules and regulations relating to their respective positions. § 5-86. Administration and enforcement of certain legislation. The Director of Community Development and Inspections shall administer and enforce the provisions of the following codes and ordinances of the township: A. The Building Code.EN B. The Zoning Ordinance.EN C. Chapter 159, Housing Standards, and Chapter 113, Dwellings, Unfit, of this Code, and the amendments thereof and supplements thereto. D. Such other provisions of law or ordinance as may vest functions, powers or duties in the Director or Department of Community Development and Inspections. § 5-87. Additional employees. In addition to the Director of Community Development and Inspections, who shall be the head of the Department of Community Development and Inspections, the Department shall consist of such employees as determined by the Mayor and Council. Part 4, Nondepartmental Boards, Offices and Commissions ARTICLE XVI, Continuation of Certain Agencies; Effect § 5-88.ENTransportation Committee. A. The Transportation Committee, heretofore established by ordinance as the Transportation Commission, is continued. The Committee shall consist of nine (9) residents of the township to be appointed by the Council, each for a term of three (3) years. Appointments to fill vacancies shall be for the unexpired term only. B. The Committee shall consider and investigate complaints regarding transportation; study and recommend to the Township Council changes in or additions to the existing transportation system; confer with transportation company representatives and civic associations with reference to all phases of transportation; and generally investigate, hold hearings and consider such matters and things as will tend to promote better transportation in the township. The Committee shall report its findings and recommendations to the Council for its consideration and action. § 5-89. Effect on nonadministrative committees not established by ordinance. The existence of the Civil Defense Council, Juvenile Conference Committee and other nonadministrative committees which are not established by ordinance shall not be affected by this chapter. § 5-90. Board of Library Trustees. The Board of Trustees of the Free Public Library is continued, subject to the provisions of the Charter, this Code and other ordinances of the township.EN ARTICLE XVII, (Reserved) EN § 5-91 through 5-94. (Reserved) ARTICLE XVIII, Parking Committee [Added 11-18-1963] § 5-95. Establishment; membership. A Municipal Advisory Parking Committee, which shall be known and designated as the "Bloomfield Parking Committee," consisting of seven (7) members to be appointed by the Township Council, is created and established. § 5-96. Terms of office; vacancies; compensation. A. Each member of the Committee shall serve for a term of three (3) years and until his successor has been appointed and has qualified, except that, of those first appointed, two (2) shall serve for terms of one (1) year, two (2) shall serve for terms of two (2) years, and three (3) shall serve for terms of three (3) years. B. Vacancies shall be filled by the Township Council for the unexpired term only. C. The members of the Committee shall receive no compensation for their services. § 5-97. Executive Secretary. The Committee shall appoint an Executive Secretary, who need not be a member of the Committee and who shall also serve without compensation for his services. § 5-98. Stenographer. Within the limits of appropriation made available to it, the Committee may employ a stenographer to attend meetings; record, transcribe and distribute minutes of its meetings; prepare agendas for meetings; and perform such other duties as directed by the Committee. § 5-99. Rules of procedure; officers. The Committee shall, in its discretion, adopt rules of procedure governing the conduct of its meetings and activities and shall elect such officers from among its membership as it shall deem necessary. § 5-100. Powers and duties. The Committee shall, in an advisory capacity: A. Make a comprehensive survey of all existing off-street parking facilities in the township, including those which are municipally operated and those which are privately operated, either on a rental or fee basis or to accommodate customers where no charge is made to the user of the parking area provided for that purpose, evaluate the same as to the requirements of the areas in which they are located and, on the basis of its findings, prepare reports and make recommendations of the Township Council relating thereto. B. Make a comprehensive survey of all existing on-street metered parking in the township, evaluate the same as to the requirements of the areas in which such on-street metered parking has been established and, on the basis of its findings, prepare reports and make recommendations to the Township Council relating thereto. C. Make a comprehensive survey and study of the need for additional on-street and off-street metered parking throughout the township, evaluate the same and, on the basis of its findings, prepare reports and make recommendations to the Township Council relating thereto. D. Make such