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 other studies, surveys and reports as the Township Council may, from time to time, request or as the Committee deems necessary.
E. If the Committee concludes that there is a public need for additional off-street metered parking in the township prepare a comprehensive report and make recommendations to the Township Council, covering, among other things:
(1) A long-range overall plan for increased parking.
(2) A priority plan to meet immediate needs for increased parking.
(3) The advisability of acquiring additional lands for off-street parking or the greater use of existing facilities by erecting thereon multiple-level structures to increase storage space.
§ 5-101. Referral of matters to Committee; findings and recommendations.
A. The Township Council shall refer all matters relating to parking to the Committee for its study, advice and recommendations.
B. The findings and recommendations of the Committee shall be advisory and shall not bind the Township Council.
ARTICLE XIX, Citizen's Action Committee [Added 5-15-1967]
§ 5-102. Establishment; membership.
A Municipal Advisory Citizens' Action Committee, which shall be known and designated as the "Bloomfield Citizens' Action Committee," consisting of fifteen (15) members, is hereby created and established.
§ 5-103. Appointments; Council liaison; ex officio member.
A. The members of the Advisory Citizens' Action Committee shall be appointed by the Mayor and shall serve at the will and pleasure of the appointing authority.
B. In addition to the fifteen (15) members provided for in § 5-102, the Mayor may appoint a member of the Township Council to serve as liaison between the Committee and the Township Council. The Councilman appointed to serve as liaison shall have no voting privileges in the deliberations of the Committee.
C. In addition to the fifteen (15) members provided for in § 5-102 and the Councilman designated to serve as liaison as hereinabove provided, the Mayor, during his term of office, shall be an ex officio member of the Committee. The Mayor shall have no voting privileges in the deliberations of the Committee.
§ 5-104. Salaries and compensation.
The members of the Committee shall receive no compensation for their services.
§ 5-105. Powers and duties.
The Advisory Citizens' Action Committee shall gather, evaluate, coordinate and disseminate information of interest and assistance to the township's senior citizens. The Committee shall serve as an Advisory Committee to the Township Council on questions of programs and activities beneficial to senior citizens of the township and shall, from time to time, report its findings and recommendations to the Township Council for its consideration and action. The findings and recommendations of the Committee shall not bind the Township Council.
§ 5-106. Executive Secretary.
The Committee may appoint an Executive Secretary, who need not be a member of the Committee and who shall serve without compensation for his services.
§ 5-107. Rules of procedure; officers.
The Committee may, 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 may deem necessary.
ARTICLE XX, Beautification Committee [Added 3-18-1968]
§ 5-108. Establishment; membership; dissolution of certain committees.
A. A municipal Advisory Beautification Committee, which shall be known and designated as the "Bloomfield Beautification Committee," consisting of fifteen (15) members is hereby created and established.
B. All other municipal committees heretofore functioning in the field of beautification and anti-litter are hereby dissolved.
§ 5-109. Appointments; Council liaison; ex officio member.
A. The members of the Advisory Beautification Committee shall be appointed by the Mayor and shall serve at the will and pleasure of the appointing authority.
B. In addition to the fifteen (15) members provided for in § 5-108, the Mayor may appoint a member of the Township Council to serve as liaison between the Committee and the Township Council. The Councilman appointed to serve as liaison shall have no voting privileges in the deliberations of the Committee.
C. In addition to the fifteen (15) members provided for in § 5-108 and the Councilman designated to serve as liaison as hereinabove provided, the Mayor, during his term of office, shall be an ex officio member of the Committee. The Mayor shall have no voting privileges in the deliberations of the Committee.
§ 5-110. Salaries and compensation.
The members of the Committee shall receive no compensation for their services.
§ 5-111. Powers and duties.
The Advisory Beautification Committee shall gather, evaluate, coordinate and disseminate information of interest and assistance to the township regarding beautification. The Committee shall serve as an advisory committee to the Township Council on questions of beautification and anti-litter programs and activities beneficial to the township and shall, from time to time, report its findings and recommendations to the Township Council for its consideration and action. The findings and recommendations of the Committee shall not bind the Township Council.
§ 5-112. Secretarial and other staff services.
The Committee shall utilize the secretarial and other staff services and made available to the Committee by the Department of Planning and Development.
§ 5-113. Rules of procedure; officers.
The Committee may, 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 may deem necessary.
ARTICLE XXI, Cultural Commission [Added 6-20-1977]
§ 5-114. Establishment; membership.
A Municipal Cultural Commission, which shall be known and designated as the "Bloomfield Cultural Commission," consisting of five (5) members, is hereby created and established.
§ 5-115. Appointments; terms.
The members of the Bloomfield Cultural Commission shall be appointed by the Mayor for terms of five (5) years; provided, however, that the first appointments shall be made as follows: one (1) member for a term of one (1) year, one (1) member for a term of two (2) years, one (1) member for a term of three (3) years, one (1) member for a term of four (4) years and one (1) member for a term of five (5) years. Thereafter, members of the Commission shall be appointed for terms of five (5) years.
§ 5-116. Salaries and compensation.
The members of the Commission shall receive no compensation for their services.
§ 5-117. Powers and duties.
The overall goals of the Commission shall be broad enough to contribute to the total cultural enrichment of Bloomfield and shall act as a practical means to channel, expand and, where appropriate, guide cultural expression in the township. The Commission shall assist established cultural organizations, official or otherwise, in the furtherance of their goals. The Commission shall reinforce community support for the arts in the following areas:
A. Coordinate activities of groups to make possible maximum community participation, publicize a community calendar of cultural activities.
B. Service various organizations by recommending programs and joint projects to enrich the offerings to the community.
C. Encourage ways in which the township's ethnic groups and their heritage could be better presented to the entire community.
D. Work with established historical organizations to increase the recognition and appreciation of the township's history and to preserve the cultural inheritance of the community.
E. Foster cooperation among the educational institutions of the community to share cultural programs, expertise and experience.
F. Identify and encourage new approaches to cultural activities in the community.
Part 5, Purchasing
ARTICLE XXII, Authority; Purchasing Standards Committee; Purchasing Procedures
§ 5-118. Authority of Township Administrator.
The Township Administrator, subject to the Charter and ordinances of the township and under the general direction of the Township Council, shall purchase all materials, supplies and equipment to be furnished and work and labor to be done for the township, except that the plans and specifications for all public work contracts and the award of such contracts shall be delegated to the Township Engineer for report and recommendation to the Council.
§ 5-119. Purchasing Standards Committee.
There shall be an interdepartmental Purchasing Standards Committee, consisting of the Township Administrator, Clerk and Engineer, who shall review the various needs of the departments for goods and services and, so far as practicable, establish uniform standards for requisitions and purchases. Such standards, when approved by the Council, shall be binding upon all departments of the township government.
§ 5-120. General procedure.
A. Each department of the township government shall, upon request of the Township Administrator, submit a complete statement of the materials, supplies and equipment and work and labor under contract which will be required by the department during the ensuing year, half year or quarter year, as the Administrator may determine, according to the best estimate of the department head. Such statement shall be in such form and detail as the Administrator may require.
B. Purchases shall be made upon requisition of a department head to the Township Administrator, at such times and in such form as he may prescribe or approve. Except as the Administrator may specifically authorize in case of emergency, no purchase shall be made, and no bill, claim or voucher shall be approved, unless the procedures prescribed by or pursuant to this chapter have been followed. Whenever central postage and mailing services and facilities are established, departmental postage accounts shall be terminated, and all mailing and postage shall be handled through the central service.EN
Chapter 8, (RESERVED) EN
Chapter 12, COURT EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: 11-19-1962 as Ch. 18 of the 1962 Code. Section 12-3 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
§ 12-1. Establishment.
There is hereby established in the township a Court, which shall be known as the 'Municipal Court of the Township of Bloomfield, New Jersey," pursuant to the authority vested in the township by provisions of N.J.S.A. 2:8A-1 to 2:8A-41, inclusive.EN
§ 12-2. Seal.
The Municipal Court shall have a Seal bearing the impress of the name of the Court.
§ 12-3. Judge.EN
The Municipal Court shall have a Judge, who shall be known as the "Municipal Judge," who shall have the qualifications and who shall serve for the term and be appointed in the manner provided by law.
§ 12-4. Jurisdiction; practice and procedure.
The Municipal Court shall have the jurisdiction which is now or shall hereafter be conferred upon it by law, and the practice and procedure of the Court shall be governed by the law in such case made and provided and such rules as the Supreme Court of the state shall promulgate and make applicable to the Municipal Court.
§ 12-5. Clerical help.
The Municipal Court shall have such clerical help as the Township Council shall provide by ordinance or resolution.
§ 12-6. Records.
The Municipal Court shall keep such records as may now or hereafter be provided by law or the rules of the Supreme Court of the state.
Chapter 15, DEFENSE AND INDEMNIFICATION EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 9-4-1979 as Ch. 2, Art. V, of the 1962 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
Ethics -- See Ch. 19.
Municipal Insurance Fund Commission -- See Ch. 31.
§ 15-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
OFFICIAL or MUNICIPAL OFFICIAL -- A present or former municipal employee, appointee, official, elected official or member of any of the various boards, agencies and commission of the Township of Bloomfield, Essex County, New Jersey.
§ 15-2. Civil actions.
A. The Township of Bloomfield is hereby authorized to provide for the defense of actions brought against its officials and to indemnify such officials to the extent hereinafter set forth and shall save harmless and protect such persons from any financial loss resulting from litigation.
B. The obligation of the Township of Bloomfield to defend and indemnify it employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the township itself would be liable for the acts of its employees under the doctrine of respondeat superior.
§ 15-3. Criminal actions.
A. The township shall defray the costs of defending any criminal action against any official, provided that:
(1) It is authorized by state statute, municipal ordinance or resolution and provided that the criminal proceedings have been dismissed or result in a final disposition in favor of the official.
(2) The Township Council determines that there is no good cause to dismiss the official arising out of the incident or related incidents of the criminal proceedings.
B. The township shall provide for the defense of any criminal action against any official, provided that it is authorized by state statute, municipal ordinance or by resolution and such defense is not herein otherwise limited.
§ 15-4. Limitations on defense and indemnification.
The Township Council shall not approve indemnification or the defense of any action if:
A. The act or omission complained of was not within the scope of employment or authority.
B. The act or omission complained of was because of actual fraud, willful misconduct or actual malice.
C. The defense of the action or proceeding would create a conflict of interest between the township and the official involved.
D. There exist policies of insurance, either obtained by the township or by another by virtue of which the municipal official is entitled to a defense of the action in question from the insurer.
E. The municipal official has failed to deliver to the Township Administrator, within ten (10) days of the time he or she is served with any summons, complaint, process, notice, demand or pleading, the original copy of such document or thereafter fails to cooperate with the township in the defense of the matter.
F. The official fails to request the defense of any action.
G. The action was brought by the township.
§ 15-5. Methods of providing defense.
If the Township Council determines to provide a defense as authorized in this chapter, it may do so by a member of its Law Department, hiring an attorney of its choice and paying the same directly or reimbursing the municipal official for reasonable attorney's fees expended or obligated to be expended by such official in the defense of the act.
§ 15-6. Effect on statutory provisions.
In addition to the provisions hereof, all officials of the township shall be entitled to defense and indemnification as provided in N.J.S.A. 59:10-1 et seq. and N.J.S.A 59:10A-1 et seq.
Chapter 17, ELECTRICAL SERVICES, DIVISION OF
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Secs. 10-1 and 10-2 of the 1962 Code. Section 17-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
Building construction -- Ch. 87.
§ 17-1. Definitions.
For the purposes of this chapter, the following terms shall have the meanings indicated:
SUPERINTENDENT -- The Superintendent of Electrical Services of the Division of Electrical Services, Department of Public Works.
§ 17-2. Powers and duties.EN
A. It shall be the duty of the Division of Electrical Services to see that the provisions of the Electrical Subcode of the State Uniform Construction CodeEN are enforced.
B. The Superintendent of Electrical Services shall, upon application, grant permits for the installation or alteration of electric wiring, devices, appliances and equipment and shall make inspections of all new electrical installations and reinspections of all electrical installations, all as provided in the Electrical Subcode. He shall keep complete records of all permits issued, inspections and reinspections made and other official work performed in accordance with the provisions of the Electrical Subcode. He shall also keep on file a list of inspected electrical appliances issued by or for Underwriters' Laboratories, Inc., which list shall be accessible for public reference during regular office hours.
Chapter 19, (RESERVED) EN
Chapter 22, FIRE DEPARTMENT EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Part 1, 12-18-1978. Adopted by the Council of the Township of Bloomfield: Part 2, 5-5-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department -- See Ch. 50.
Residency requirements -- See Ch. 55, Art I.
Salaries and compensation -- See Ch. 59.
Fire prevention and protection -- See Ch. 125.
Fire insurance claims -- See Ch. 163, Art I.
Part 1, Rules and Regulations [Adopted 12-18-1978]
ARTICLE I, Definitions
§ 22-1. Terms defined.
As used in Part 1 of this chapter, the following terms shall have the meanings indicated:
ALARMS OF FIRE -- The period from the receipt of the alarm by any means to the return of men and apparatus to available status.
CHIEF [Repealed 12-28-1994]
COMPANY -- The members assigned to an engine, truck or other fire apparatus.
DEPARTMENT -- The Fire Department of the Township of Bloomfield.
DEPUTY CHIEF IN CHARGE -- The Deputy Chief of the Fire Department of the Township of Bloomfield who is on duty and in command of the on-duty shift of the Bloomfield Fire Department line force. [Added 12-28-1994]
FIRE DIRECTOR -- The Director of the Fire Department of the Township of Bloomfield. [Added 12-28-1994]
FIRE STATION or STATION -- The several firehouses or quarters in which the apparatus and men are housed.
GENERAL ORDER -- An order of semipermanent character issued by the Fire Director for the administration of departmental affairs. Each "general order" will bear a serial number. [Amended 12-28-1994]
GOVERNING BODY or TOWNSHIP COUNCIL -- The Mayor and Township Council of the Township of Bloomfield, New Jersey.
GROUP -- The members assigned to any one (1) of the four (4) forty-two-hour tours of duty during an eight-week cycle.
HEADQUARTERS -- The office of the Fire Director and administrative center of the Department. [Amended 12-28-1994]
MEMBERS or MEMBERS OF THE FIRE DEPARTMENT -- All regular members of the Fire Department of the Township of Bloomfield, irrespective of their rank or duty.
OFFICER -- Includes and applies to any and every person who has regular and permanent control or oversight of men and supervision of their work.
RULES AND REGULATIONS -- This Part 1 and such additional administrative regulations as may be adopted or promulgated by the Township Council.
SPECIAL ORDER -- A transitory notice issued by the Fire Director for the guidance and information of members of the Department. [Amended 12-28-1994]
TOWNSHIP ADMINISTRATOR -- The Township Administrator of the Township of Bloomfield.
TOWNSHIP PHYSICIAN -- The physician appointed by the Township Council for the Fire Department.
ARTICLE II, Chain of Command
§ 22-2. Fire Director and Fire Chief. [Amended 12-6-1993; 12-28-1994; 11-16-1998]
A. The director of the Fire Department shall be the executive head of the Fire Department charged with the policymaking, planning, management and administration of the Department and all personnel therein, including the Fire Chief
B. The Fire Chief of the Department shall be responsible for the day-to-day operation of the Fire Department.
§ 22-3. Deputy Chiefs. [Amended 12-28-1994]
The line force shall be divided into four groups. Each group shall be commanded by a Deputy Chief under the direction of the Fire Director.
§ 22-4. Captains. [Amended 3-6-1990; 12-28-1994]
The force at each fire station shall consist of as many officers and fire fighters as may be deemed necessary by the Fire Director. There shall be a Captain assigned to each fire station. The Fire Director shall designate one Captain from each station as station commander. The station commander shall report directly to his Deputy Chief.
§ 22-4.1. Lieutenants. [Added 3-6-1990]
Lieutenants shall rank next below a Captain and shall be in charge of a fire company.
§ 22-5. Effect of absence of officers.
In the absence of the officer in charge of any of the above commands, the officer in the next lower rank or, in the absence of an officer, a fire fighter shall be designated to perform his duties.
ARTICLE III, Qualifications
§ 22-6. Appointments.
Appointments to the Fire Department shall be made in accordance with the New Jersey Civil Service Rules and the ordinances of the Township of Bloomfield.
§ 22-6.1. Promotion to Lieutenant. [Added 3-6-1990]
Fire fighters with three years of prior service in rank shall be eligible for promotion to Lieutenant.
§ 22-7. Promotion to Captain. [Amended 3-6-1990]
Lieutenants with one year prior service in rank shall be eligible for promotion to Captain.
§ 22-8. Promotion to Deputy Chief.
Captains with one year of prior service in rank shall be eligible for promotion to Deputy Chief.
ARTICLE IV, Fire Director and Fire Chief [Amended 12-6-1993; 7-11-1994; 12-28-1994; 11-16-1998]
§ 22-9. Rank.
A. The Director of the Fire Department shall be executive head of the Fire Department charged with the policymaking, planning, management and administration of the Department and all personnel therein, including the Fire Chief.
B. The Fire Chief of the Department shall be responsible for the day-to-day operation of the Fire Department.
§ 22-10. Powers and duties.
A. The Director of the Fire Department shall:
(1) Be the executive head of the Fire Department charged with the policymaking, planning, management and administration of the Department and all personnel therein, including the Fire Chief.
B. The Fire Chief shall:
(1) Have charge of the personnel of the Fire Department, the extinguishment of fires, the necessary protection of property in connection therewith, the making of inspections for fire prevention and safety of life and property and the keeping of accurate records of all business transacted by the Department and of all fires occurring in the township or on mutual-aid calls, together with all pertinent data in connection therewith.
(2) Have full control of all apparatus, equipment and tools and their assignment and use.
(3) Recommend to the governing body, through the Director of the Fire Department, from time to time, the purchase of new equipment or the repair or rearrangement of old equipment which will increase the efficiency of the Department.
(4) Keep an exact record of all property belonging to the Fire Department, showing the date acquired and cost of each item, and he shall check this record by physical inventory of the property at least once each year.
(5) See that the morale and efficiency of the Department is kept at the highest point, that the fire stations and other quarters are being properly maintained and kept clean and in good repair, that all apparatus, equipment and supplies are properly cared for and maintained in proper working condition, that all drills, exercises and inspection are regularly and properly performed, that all records and reports are duly kept and that all uniforms and equipment of the men are complete, neat and serviceable and of approved design.
(6) See that each piece of apparatus and equipment in the Department is given a full operating test at least once each year and that a record is made of each test and kept on Department file.
(7) See that there is at all times in the Department sufficient extra hose in good, usable conditions.
(8) See that all hose purchased for use by the Fire Department is given a three-hundred-pound test before it is accepted and that it is tested to 250 pounds at least once each year during use to determine its serviceability.
(9) Assign to every member of the Fire Department a designation by number, which shall be recorded at headquarters. He shall keep a record of all appointments, resignations, dismissals and deaths of fire fighters as they take place.
(10) See that all members of the Department undergo regular drills and instruction and that a system of such drills and a school of instruction are established and a proper record kept thereof.
(11) Have the power, in case of fire, to demolish buildings or parts of buildings which, in his judgment, are necessary to be destroyed in order to prevent further damage to life and property.
(12) Have authority to send men and apparatus to neighboring municipalities for the purpose of extinguishing fires or protecting property left unprotected by emergency when, in his judgment, such action is necessary. He shall also have power to call upon neighboring municipalities to assist in the extinguishing of fires and to cover up unprotected territory whenever, in his judgment, it shall be necessary.
(13) Make monthly reports to the Director of the Fire Department of all fires which have occurred during the month and of all fire alarms received.
(14) Promptly report to the Director of the Fire Department the name of any member of the Department who, by reason of age, disease, accident or other disability, does not or cannot fully, promptly and properly perform full duty in the Department, together with a detailed statement setting forth the facts in the case.
(15) See that all the laws, ordinances, rules, regulations, orders or directives for the governing of the Department are promptly and implicitly enforced and obeyed by all members of the Fire Department and that all violations that may come to his knowledge are promptly investigated and reported to the director of the Fire Department, accompanied, when necessary, by proper and well-sustained charges.
(16) Summarily suspend from duty, with or without pay, any member of the Department for a flagrant violation of law, ordinance, rule, regulation or direction in all cases where the discipline or the reputation of the Department would suffer if such prompt action were not taken, and he shall report such action to the Director of the Fire Department.
(17) Have supreme command at all fires and at all times when on duty over the members of the Department.
(18) Make all assignments, transfers and details and fill any temporary vacancy that may occur by detailing another member of the department to the position.
(19) Review and recommend for approval all bills for expenses of the Department.
(20) Make an annual report to the Director of the Fire Department before February 1 of each year, giving an inventory of all property of the Department, the number and location of fires during the previous year, the amount of losses incurred and the amount covered by insurance and such other information and recommendations as may be appropriate.
ARTICLE V, (Reserved) EN
§§ 22-11 through 22-14. (Reserved)
ARTICLE VI, Deputy Chiefs
§ 22-15. Rank; general duties. [Amended 12-28-1994]
The Deputy Chief of the Fire Department shall rank next below the Fire Director, and it shall be his duty to carry out the orders and instructions of the Fire Director with respect to his command in a prompt and efficient manner.
§ 22-16. (Reserved)EN
§ 22-17. Supervision of groups.
A Deputy Chief shall be in charge of each group.
§ 22-18. Powers and duties. [Amended 12-28-1994]
Each Deputy Chief in Charge shall:
A. Attend all fires in conformity with the schedule prescribed in the running chart while on duty and promptly report his arrival to the officer in command. When at a fire, he shall assume command and have full control and shall direct the movements of the officers and men so as to extinguish the fire with the least possible damage from fire, water or otherwise.
B. Cause all men and apparatus not needed at fires to return to quarters.
C. See that all reports and records required from his shift are properly made.
D. Promptly and fully investigate all violations of the rules and regulations of the Fire Department or any neglect of duty that may come to his notice and shall make a full report thereon to the Fire Director. If any such violation or neglect of duty comes to his notice while he is not on duty, he shall promptly report said violation or neglect to the Deputy Chief in Charge and the Fire Director.
E. Promptly and officially report to the Fire Director if he is for any reason unable to perform his duty.
F. On going off duty, make a full report to the Fire Director of all important events in the Fire Department during his tour of duty.
ARTICLE VII, Captains and Lieutenants
§ 22-19. Rank; powers and duties.
A. Captains in the Fire Department shall rank next below the Deputy Chief of the Department, and they shall have command of their stations and be responsible for their condition and the discipline and efficiency of the men, subject, however, to the supervision of their superior officers.
B. Lieutenants in the Fire Department shall rank next below Captains and shall be responsible for their condition and the discipline and efficiency of the men, subject, however, to the supervision of their superior officers. [Added 3-6-1990]
C. [Added 3-6-1990] Lieutenants shall:
(1) Respond to all alarms of fire in conformity with the schedule prescribed in the running chart.
(2) Ride as near as possible to the driver in answering alarms of fire and shall direct the driver's operation of the apparatus.
(3) See that all men and officers ride on apparatus on alarms of fire and shall not permit racing or reckless driving or the passing of other Department apparatus unless disabled and shall not permit a speed, at any time, which may cause accidents.
(4) Promptly report their arrival to the officer in command at the fire.
(5) Assume command at fires when first to arrive and exercise control until a superior officer appears and takes charge.
(6) See that no apparatus or other vehicle is driven over any line of hose except in case of necessity.
(7) See that every member of their command has a copy of the rules and regulations of the Department and that the same are thoroughly understood and obeyed by each member of their command.
(8) See that all general orders and memorandums of the Department are kept on file where, upon request, they will be accessible to all members at all times.
(9) Cause all the men on duty in their command to assemble on the apparatus floor at the sounding of the 0800 and 1800 test signals, read all orders and instructions received since the last tour of duty, issue any verbal instructions necessary and instruct the men before dismissing them.
(10) Upon the visit of any superior officer for the purpose of inspection, assemble the men and report to the inspecting officer.
(11) Have full control of the apparatus and equipment entrusted to the care of their commands and be responsible for its care, upkeep and safety.
(12) Keep an accurate written inventory of all property entrusted to their care and check this inventory by physical count at least once a year. They shall not surrender any property belonging to the Department without first receiving an order therefor from a superior officer.
(13) See that the station journal is promptly and neatly written up at all times and that all the events of the day and all data required by regulations are properly entered. They shall see that the time of leaving for and of returning from an alarm of fire is entered in the station journal. After every alarm of fire, they shall immediately enter or cause to be entered in the station journal a report stating the time the alarm was received, the location of the fire, a description of the property, the owner and occupant, the number of the box and its location, the amount of equipment used, the length of time the hydrant was used, the names of men present and the officer in command at the fire. The company officer or officers responding to the fire shall sign the journal as evidence that the above information has been properly entered and then relay the information to headquarters.
(14) After any accident involving any apparatus or men of their command, immediately investigate the circumstances and submit a written report to the Fire Director and Deputy Chief in Charge, giving the time, place and nature of the accident, the names of the person involved, the names and addresses of witnesses and any necessary comments, and they shall also promptly report such accident to the Police Department and Township Clerk. [Amended 12-28-1994]
(15) See that the fire prevention inspections prescribed for their station districts are promptly and efficiently made and that all reports concerning the same are properly made out and promptly forwarded to the Chief of the Fire Prevention Bureau.
(16) See that no trash is permitted to accumulate about quarters.
(17) Always have on duty a driver for each piece of motor apparatus and enough fire fighters to perform their duty properly at fires.
(18) See that visitors are courteously received but shall not permit any habitual lounging about quarters.
(19) Not permit visitors or members of the Department to speak disrespectfully of superiors.
(20) See that the dormitory is kept clean and neat and well aired and that all beds are made up and the quarters throughout are clean and ready for inspections by 10:00 a.m.
(21) In case any apparatus needs repairing or adjustment, immediately notify the Deputy Chief in Charge and note the fact in the station journal. [Amended 12-28-1994]
(22) Submit, on the first day of each month, a monthly report of the total mileage run by all apparatus under their commands, the quantity of gasoline, oil and grease consumed by each piece of apparatus and the repairs and adjustments made on the same.
(23) See that all extinguishers are kept freshly charged and that all apparatus is tested frequently enough to ensure its proper operation at all times.
(24) See that the building, sidewalk, gutters and streets in front of their quarters are kept clean and free from snow and ice and other encumbrances.
(25) Familiarize themselves, and see that their men do likewise, with all the buildings in their fire district, with the hydrants and the streets and the best routes to follow and with the water main locations and pressures.
(26) See that a proper record is kept of all the hose on hand, that it is always dry and properly cared for after use, that the required amount is on hand or ordered, that it is properly marked and that it is changed on the apparatus after every fire or as designated by directives. The date of changing is to be entered in the station journal each time.
(27) Report any lost tools or equipment immediately to their superior officers with a statement of the circumstances.
(28) See that at least two (2) men in each of their companies are instructed in the duties of driver and that the duty of driving back to quarters and drilling with the apparatus is alternated between them.
(29) See that the members of their commands are constantly drilled and instructed in all matters pertaining to fire fighting and that records of the same are sent to the training officer as required.
(30) After an alarm of fire, when the commanding officer gives the order to return to quarters, the company officer or, in the absence of the company officer, the fire fighter assuming command will, via radio, code his apparatus back in service.
(31) See that the front doors of their quarters are kept closed at all times unless otherwise directed by the Deputy Chief in Charge. [Amended 12-28-1994]
(32) Perform such duties as may be required of them by their superior officers.
D. [Amended 3-6-1990] Captains shall:
(1) Respond to all alarms of fire in conformity with the schedule prescribed in the running chart.
(2) Ride as near as possible to the driver in answering alarms of fire and direct the driver's operation of the apparatus.
(3) See that all men and officers ride on apparatus on alarms of fire and shall not permit racing or reckless driving or the passing of other Department apparatus unless disabled and shall not permit a speed, at any time, which may cause accidents.
(4) Promptly report their arrival to the officer in command at the fire.
(5) Assume command at fires when first to arrive and exercise control until a superior officer appears and takes charge.
(6) See that no apparatus or other vehicle is driven over any line of hose except in case of necessity.
(7) Promptly investigate any incapacity, inefficiency, neglect of duty, disobedience of order or violation of any rule or regulation of the Fire Department by any member of their command and shall report the same, in writing, to the Deputy Chief in Charge and the Fire Director, through channels, stating the name of the offender, the nature of the offense, the time and place of its occurrence and the names of the witnesses. [Amended 12-28-1994]
(8) When on duty at any fire station, be responsible for the building and accessory equipment, and the Captain assigned will be responsible for coordinating the station work and the ordering of supplies.
(9) See that at least two (2) men in each of their companies are instructed in the duties of driver and that the duty of driving back to quarters and drilling with the apparatus is alternated between them.
(10) See that the members of their commands are constantly drilled and instructed in all matters pertaining to fire fighting and that records of the same are sent to the training officer as required.
(11) Perform such duties as may be required of them by their superior officers. [Added 4-7-1992]
§ 22-20. Station Commanders.
A. The Fire Director shall designate one (1) Captain from each station as Station Commander. [Amended 12-28-1994]
B. The Station Commander shall be responsible for the coordination and implementation of all house duties.
ARTICLE VIII, Fire Fighters
§ 22-21. Rank.
The grade of fire fighter in the Fire Department shall include all the members of the Fire Department exclusive of the officers.
§ 22-22. Designated acting officer. [Amended 10-1-1991; 12-28-1994]
In the absence of any officer for command of a fire company, a designated acting officer will assume command. In an acting officer's absence, the senior fire fighter in point of service of that fire company shall assume command and shall immediately report to the Deputy Chief in Charge at the time.
§ 22-23. Duties.
Fire fighters shall:
A. Promptly perform all duties of fire fighters as may be established by the Fire Director and their commanding officers. [Amended 12-28-1994]
B. When temporarily assigned to another company or other duty than their own, immediately conform to the directions of their new officers.
§ 22-24. Restrictions upon blood transfusions.
No fire fighter shall give a blood transfusion more than once in any twelve-month period unless granted permission by the Township Physician.
ARTICLE IX, Superintendent of Fire Signal System
§ 22-25. Responsibility for fire alarm system.
The Superintendent of the Fire Signal System shall be responsible for the proper installation, upkeep and repair of the fire alarm system.
§ 22-26. Test and repair of equipment.
He shall see that all alarm and telephone wires are regularly tested and that all regular or emergency repairs are promptly made.
§ 22-27. Response to fires. [Amended 12-28-1994]
He shall respond to all multiple alarms of fire and on call of the Deputy Chief in Charge.
ARTICLE X, Illness or Injury of Members
§ 22-28. Notification of officer, Physician.
Any member of the Fire Department becoming sick or otherwise physically incapacitated from performing full duty shall immediately notify the officer in command at his station. The officer in command at his station shall notify the Township Physician, who shall examine said member and determine whether or not he shall be excused from duty.
§ 22-29. Report to Fire Director. [Amended 12-28-1994]
A. Whenever the Township Physician examines a fire fighter for sickness or physical disability, he shall send a written report to the Fire Director indicating the name of the man examined, the nature of his disability and the recommendation thereon. If he excuses the man from duty, he shall so indicate on the report, together with an estimate of the probable length of time the man will be absent from work.
B. The written report to the Fire Director from the Township Physician shall be on a form prescribed by the Department.
§ 22-30. Procedure for reporting illnesses occurring in quarters.
If a member of the Department is injured or taken suddenly ill in quarters, the officer on duty shall notify the Township Physician, if practicable, and be guided by him. If not practicable, the officer in command shall notify the officer in command at headquarters and be guided by him.
§ 22-31. Sick leave. [Amended 12-28-1994]
A. Any member excused from duty for reason of sickness or physical disability shall be on a status of sick leave granted by the Fire Director on recommendation of the Township Physician, and no sick leave shall be granted without the approval of the Township Physician except in an emergency pending the arrival of the Township Physician.
B. No member on sick leave shall be allowed to leave his place of residence except upon permission of the Township Physician, who shall notify the Fire Director of all such permits.
§ 22-32. Report of accident or injury.
All members of the Department shall immediately report any accident or injury to themselves, no matter how slight, to their immediate superior, stating the cause and extent of the injury.
§ 22-33. Pay for time off.
Members shall receive full pay for time absent from duty due to sickness, injury or accident which shall have occurred in the line of duty, provided that such sickness, injury or accident was properly reported.
ARTICLE XI, Fire Prevention Bureau Officer
§ 22-34. Supervision. [Amended 4-7-1992; 12-28-1994]
The officer assigned to the Fire Prevention Bureau shall be under the general direction of the Fire Director and shall have full management and control of all matters pertaining to the Fire Prevention Bureau and all subordinate officers, inspectors and clerks assigned or detailed thereto.
§ 22-35. Powers and duties.
The officer assigned to the Fire Prevention Bureau shall:
A. Be responsible for the enforcement of all fire prevention laws and ordinances relative to the protection of life and property from fire and shall see that all industrial, mercantile and heavy habitational occupancies are periodically inspected.
B. Cause all fires of suspicious or questionable origin or those fires which result in a loss of more than five hundred dollars ($500.) to be thoroughly investigated and shall keep a record thereof for future reference.
C. Assist in the compilation of evidence and the prosecution of persons charged with violation of fire prevention laws and ordinances.
D. Make recommendations to the Fire Director for the elimination of special fire hazards and dangerous conditions existing in the township. [Amended 12-28-1994]
E. Maintain in the office of the Fire Prevention Bureau a complete record of fire alarms and all data relative thereto; a complete record of inspections, investigations, complaints and special and peculiar hazards; and such other information as may be required.
F. Respond to multiple alarm fires and also to other serious emergencies when called by the officer in charge and shall, in addition to assisting in their control, endeavor to determine fire causes and practical means for preventing them.
G. Prepare and submit to the Fire Director an annual report of all activities of the Fire Prevention Bureau, including statistical compilations and analyses of all fires and alarms, and such additional recommendations and conclusions as he deems necessary for the betterment of the service. [Amended 12-28-1994]
§ 22-36. Records and reports. [Amended 12-28-1994]
All members assigned to the Fire Prevention Bureau shall make records and reports and perform such other duties as may be required by the Fire Director, including fire fighting.
ARTICLE XIA, Arson Investigation Unit [Added 6-15-1987]
§ 22-36.1. Establishment; responsibilities.
There is hereby established in the Fire Department of the Township of Bloomfield an Arson Investigation Unit. The Arson Investigation Unit shall be responsible for conducting investigations of arson, suspicious fires or explosions within the township.
§ 22-36.2. Membership. [Amended 12-28-1994]
The Arson Investigation Unit shall consist of such members of the headquarters company as the Fire Director, with the approval of the Mayor and Township Council, shall designate.
§ 22-36.3. Qualifications.
Before any member shall be assigned to the Arson Investigation Unit, he shall have successfully completed a basic training course for police officers at a school approved by the Police Training Commission and an arson investigation training course approved by the New Jersey Department of Law and Public Safety.
§ 22-36.4. In-service training.
Any member who is assigned to the Arson Investigation Unit shall attend and successfully complete in-service training programs as required by the Division of Criminal Justice.
§ 22-36.5. Authority of members.
Any member who is assigned full time to the Arson Investigation Unit shall have the same powers and authority of police officers within the municipality while engaged in the actual performance of arson investigation duties. Such member is hereby authorized to carry a firearm while engaged in the actual performance of arson investigation duties.
ARTICLE XII, Training Officer
§ 22-37. Supervision. [Amended 4-7-1992; 12-28-1994]
The officer assigned as Training Officer shall be under the general direction of the Fire Director.
§ 22-38. Powers and duties.
The Training Officer shall:
A. Formulate drills and training procedures and supervise all matters pertaining to the Bureau of Training.
B. Be responsible for the care and maintenance of the drill tower and all training equipment.
C. Respond to multiple alarms of fire and to other serious emergencies when called by the officer in charge and shall, while assisting in the control of such emergencies, observe particularly the results of training.
D. Seek and use, at all times, the most modern and efficient methods of training Fire Department personnel.
E. At the direction of the Fire Director, be responsible for the training of the Civilian Defense Auxiliary Fire Force. [Amended 12-28-1994]
F. Supervise all officers or members assigned to the Training Bureau and see that training is given uniformly and that all members receive the instructions specified.
G. Keep training records of all companies and all members, and forward progress reports and monthly reports to the Fire Director. [Amended 12-28-1994]
H. Prepare and submit to the Fire Director an annual report of all activities of the Bureau of Training, including statistical compilations of instructor hours and student hours and such additional recommendations and conclusions as may be necessary or required. [Amended 12-28-1994]
§ 22-39. Records and reports. [Amended 12-28-1994]
All members assigned to the Training Bureau shall make records and perform such other duties as the Fire Director may require, including fire fighting.
ARTICLE XIII, Officer in Charge of Maintenance, Apparatus and Equipment
§ 22-40. Supervision. [Amended 12-28-1994]
The officer or fire fighter assigned to maintenance shall be under the direction of the Fire Director.
§ 22-41. Powers and duties.
The officer or fire fighter assigned to maintenance shall:
A. Supervise all members assigned or detailed to maintenance.
B. Be responsible for the maintenance and repair of all apparatus and equipment in the Department.
C. Report to the Chief any abuse of motors or apparatus or any lack of care of such equipment which comes to his attention.
D. Set up rules and procedures governing the inspection, lubrication and operation of equipment.
E. Report to the Fire Director when, in his opinion, any piece of apparatus is for any reason unfit for further service. [Amended 12-28-1994]
F. Prepare and submit to the Fire Director a report in October of each year stating the repairs or replacements that, in his opinion, will be necessary during the following year to apparatus and equipment. [Amended 12-28-1994]
G. Respond to multiple alarms of fire and other emergencies when called by the officer in charge and, while assisting in control of such emergencies, observe particularly the operation of equipment.
H. Make records and reports and perform such other duties as the Fire Director may require, including fire fighting. [Amended 12-28-1994]
ARTICLE XIV, House Watch
§ 22-42. Continuous floor watch required. [Amended 12-28-1994]
Continuous floor watch shall be maintained in the designated watch room at each fire station in the Fire Department at all times, unless otherwise directed by the Deputy Chief in Charge.
§ 22-43. Roster.
The detail of the men on house watch duty shall be by roster of the fire fighters of the company or companies on duty.
§ 22-44. Start of duty.
The fire fighter detailed as house watch shall begin duty promptly at the time specified and shall enter his name and the exact time in the station journal.
§ 22-45. Apparatus room.
The house watch shall see that everything in the apparatus room is in its proper place and in good order, that the telephone and telegraph instruments are operating properly, that the telegraph instruments are wound up after each alarm, that all telephone calls and telegraph signals are promptly and properly answered and that the instruments are not tampered with.
§ 22-46. Alarms.
The house watch shall be responsible for correctly receiving and promptly reporting to the commanding officer every signal sounded on the gong and every alarm received by any means, and he shall respond with his company in answer to alarms of fire.
§ 22-47. Station journal.
A. The house watch shall be strictly responsible for all entries made in the station journal during his hours of duty except those made personally by an authorized officer, in which case each entry must be signed by the officer making the same.
B. The station journal to be kept by the house watch shall be an accurate and complete history of the activities of each company during its tour of duty and of all occurrences affecting it, the regular and special duties performed by its individual officers and men, all orders received or given, whether verbal or written, any accidents or injuries to men or apparatus, actions taken in reference thereto, unusual occurrences of all kinds, delinquencies of officers or men, changing and testing of hose and charging of extinguishers, receipt and transfer of equipment or supplies, roll calls, suspensions, leaves, sicknesses, visits of officials and anything in any way pertaining to the administration of the station or of interest to the Department.
C. All orders received from the Deputy Chief in Charge, whether verbal or written, shall be entered in the station journal in red ink, as shall any entry of any extraordinary nature. [Amended 12-28-1994]
§ 22-48. Visitors.
The house watch shall politely inquire the business of visitors and shall then call his commanding officer. He shall not allow visitors in the house after 10:00 p.m.
§ 22-49. Violation of rules upon premises.
The house watch shall not permit any violations of the rules and regulations on the apparatus floor or in front of quarters and shall at once call his commanding officer should a condition arise which he cannot control by his orders.
§ 22-50. Relief from duty.
The house watch shall not leave his post unless properly relieved, and he shall notify his successor before the time specified for his relief.
§ 22-51. Report of members leaving premises.
All members on duty shall report to the house watch before leaving quarters, giving their authority for leaving, and shall similarly report their return. The house watch shall report these and all other absences in the station journal, recording the exact time and reason for each going and coming.
§ 22-52. Violations.
Any failure of officers or men to comply with the above requirements shall, in addition to being accounted a violation of the rules, subject the delinquent to the charge of absence without leave during the time of such absence from quarters.
ARTICLE XV, Shift Duty Routine
§ 22-53. Average length of duty; exception.
The Fire Department shall operate under the four-group system. Each group shall be on actual duty for not more than an average of forty-two (42) hours per week in any eight-week cycle, provided that nothing herein contained shall be construed to mean that, in times of emergency, the officer or official having charge and control of the Fire Department shall be prohibited from summoning to and keeping on duty as many such superior officers and fire fighters as shall be deemed necessary to cope with such emergency.
§ 22-54. Hours of duty; relief of duty. [Amended 12-28-1994]
Unless otherwise directed by the Fire Director, the group on day shift shall report at 0800 hours and remain continuously on duty until 1800 hours, and the group on night shift shall report for duty at 1800 hours and remain continuously on duty until 0800 hours. Each group on duty shall remain on duty until properly relieved by the succeeding group.
§ 22-55. Assignment to groups; transfers. [Amended 12-28-1994]
The assignment of officers and men to stations and groups shall be made by the Fire Director. The Fire Director may transfer any individual or group of men or officers from one group or station to another for the good of the Department.
§ 22-56. Switching tours of duty.
No member shall trade or substitute his tour of duty with any other member except on direct authority of his commanding officer.
§ 22-57. Reporting for duty; tardiness; covering tardiness or absences.
A. All members shall report for duty on time, and no member or group shall go off duty until properly relieved.
B. All members shall so time their departure from home when reporting for roll call that ordinary delays of traffic and uncertain transit service will not prevent their arrival at quarters well in advance of the hour for roll call.
C. All lateness and absences not authorized by proper authority must be explained, in writing, to the Deputy Chief in Charge and forwarded to the Fire Director, and all such offenders are subject to formal charges. [Amended 12-28-1994]
D. Any member off duty who, on account of sickness, injury or any other emergency, is unable to report for duty on time shall notify the officer on duty at his station at least one (1) hour before his term of duty begins.
E. If any member fails to report for duty, his station commander may select a member from the opposite tour to remain on duty until the absent member reports or some other arrangement is made.
§ 22-58. Roll call; instructions.
The officer in charge of each station shall assemble his company or companies and call the roll at the exact hour for the beginning and again at the end of each tour of duty. He shall read all orders or other pertinent matter received since the last roll call, deliver any oral instructions or directions deemed necessary, make a close inspection of the men as to personal appearance and physical condition and dismiss them.
§ 22-59. Attendance report. [Amended 12-28-1994]
A report of all those present, of all who were late in reporting and of all absentees shall be entered by name in the station journal, together with the reason for all authorized absentees, and a similar report shall be forwarded to the Deputy Chief in Charge.
§ 22-60. Reading station journal entries.
A. The officer in charge of each station shall, when entering upon his tour of duty, carefully read the journal entries of the preceding group.
B. The officer in charge of each station shall, before leaving duty after his tour, carefully read the journal entries made by his tour and shall sign the journal directly under the last entry as a certificate that he has so read the entries. In stations occupied by one (1) or more companies, all officers shall read and sign the journal.
§ 22-61. Fires at shift change.
A. Should the company reporting for duty find that the preceding company is absent from quarters at a fire or other Department business, the officer in charge shall promptly try to communicate with the Deputy Chief in Charge or officer in charge at the fire. Failing to do this promptly, or if instructed by the Deputy Chief in Charge or the officer in charge at the fire, he shall direct his company to proceed in a body, on foot or by such public or personal vehicular means of travel as may be available, with all possible haste, to the scene of the fire to relieve or assist the preceding company. In such cases, the officer in command shall, whenever possible, notify the officer in charge of the relieving company whether he is to proceed to the fire or remain in quarters so as to avoid unnecessary movement of the men. [Amended 12-28-1994]
B. If requested to proceed to a fire, the relieving company shall report to the officer in charge of the fire, who shall direct them to relieve the other company or shall assign them to such other duty as he may deem advisable.
C. The officer in charge at the fire shall direct whether companies already on duty are to be relieved upon the arrival of the relieving company or whether it is to be held until he considers its services can be dispensed with. Upon being relieved at the fire the outgoing company shall return immediately to quarters for dismissal.
D. When one company returns from a fire at or after the time it is scheduled to be relieved by the succeeding company, the crew of the oncoming group will be required to clean the apparatus and to return it to good working condition.
§ 22-62. Dormitories.
A. Beds in the dormitories shall be used only between 2100 hours and 0630 hours.
B. All members of the night group shall be up by 0630 hours and shall clean the station and shall air and make up the beds by 0800 hours.
C. No two (2) persons shall use the same sheets and pillow cases. The outgoing group shall remove its own bed linen and the oncoming group shall make up its beds with its own linen. Blankets are to be kept clean by men assigned to beds.
§ 22-63. Closing quarters.
All quarters shall be closed and all lights, except night-lights, extinguished by 2300 hours.
§ 22-64. Cleaning apparatus.
All apparatus shall be cleaned and ready for inspection by 1000 hours.
ARTICLE XVI, Emergency Recall
§ 22-65. Recall of members; exceptions. [Amended 12-28-1994]
Members of the Fire Department who are off duty shall be subject to recall to duty in times of emergency by direction of the Deputy Chief in Charge or officer in command of the group, except those in the seventy-two-hour-off group.
§ 22-66. Recall orders. [Amended 12-28-1994]
Recall orders shall be sent out in such manner as designated by the Deputy Chief in Charge.
§ 22-67. Addresses and telephone numbers of members on file.
Each station commander shall keep a list on file showing the latest address and telephone number of each member assigned to the station and shall forward a duplicate of all data to headquarters. Each member shall report changes in his address or telephone number within twenty-four (24) hours to his station commander.
§ 22-68. Action upon recall.
A. Upon receiving the recall signal, each member shall immediately proceed to his respective station for his boots, coat and helmet. Then he shall be guided by directive in his station in regards to responding to the fire or manning reserve apparatus.
B. After recall, each station commander shall have entered in the station journal the names of all off-duty fire fighters who responded. Then he shall forward a list of the names to the Deputy Chief in Charge. The Deputy Chief in Charge shall verify the accuracy of the list and thereafter forward it to the Fire Director. [Amended 12-28-1994]
ARTICLE XVII, Disciplinary Actions
§ 22-69. Enforcement. [Amended 12-28-1994]
The control and discipline of the Fire Department of the Township of Bloomfield shall be vested in the Mayor and Council acting through the Township Administrator, the Fire Director and the officers of the Fire Department. These designated persons shall have the power to enforce all the rules and regulations hereinafter provided and any administrative rules and regulations which it may promulgate from time to time. They shall enforce these rules by reprimand, deduction of pay, fine, reduction in rank, forfeiture of days off, suspension from duty with or without pay or dismissal from the Department. The penalty shall be in accordance with the nature and seriousness of the offense. It shall be entered on the service record of the offender.
§ 22-70. Charges.
A. Charges may be preferred against any member of the Fire Department by any member of the Department for any one (1) or more of the following offenses:
(1) Negligent or willful injury or purposeful waste of any public property.
(2) Intoxication while on duty or in uniform.
(3) Disobedience of orders or commands of superior officers.
(4) Indecent, profane, harsh or uncivil language while on duty.
(5) Willful disrespect to superior officers.
(6) Willful neglect to pay just debts contracted while a member of the Department.
(7) Conviction of a violation of the criminal laws of the State of New Jersey.
(8) Absence without leave without good reason.
(9) Unauthorized sleeping on duty.
(10) Willful neglect of duty.
(11) Conviction of any national, state or municipal law that would tend to bring discredit to the Fire Department.
(12) Unjustifiable public comment on the official action of a superior officer.
(13) Any unjustifiable act of apparent cowardice at a fire or at a drill.
(14) Bringing any intoxicating liquors upon any of the premises of the Fire Department for the purpose of consumption thereon.
(15) Intentionally making a false statement in any application for or in connection with appointment to the Fire Department.
(16) Intentionally making a false statement in connection with official duties.
(17) Violating any of the ordinances of the Township of Bloomfield or of the rules and regulations governing the Department or any rule or regulation promulgated by the Township Council or by the Township Administrator and approved by the Council.
B. All charges shall be in writing and signed by the person making the charges and filed in the office of the Fire Director. The complainant shall be required to sustain such charges at the trial of the accused by the presentation of competent testimony and evidence. The accused shall be permitted to offer testimony and witnesses in his own behalf. [Amended 12-28-1994]
ARTICLE XVIII, Leaves of Absence
§ 22-71. Multiple alarms.
All members in the seventy-two-hour-off group will be excused from reporting to a multiple alarm of fire during this period. Members of other tours shall make themselves available for emergency situations.
§ 22-72. Application for leave. [Amended 12-28-1994]
Except by reason of illness, no member of the Fire Department shall be absent from duty without first making application for leave of absence, stating in detail the cause and duration of such requested absence and presenting the same to the Fire Director for his approval. Violation of this rule will be deemed absence without leave and subject the offender to loss of pay during absence and to charges.
§ 22-73. Prolonged absence without leave. [Amended 12-28-1994]
Unexplained absence of any member of the Fire Department of five (5) days may, at the recommendation of the Township Administrator and the Fire Director to the Township Council, be deemed and held to be a resignation of such member and accepted as such.
ARTICLE XIX, General Regulations
§ 22-74. Devotion to duty; following orders.
A. All members of the Fire Department shall devote their working time to the service of the Fire Department and answer all assigned alarms of fire received at their stations.
B. Members shall promptly obey all the rules of the Fire Department and all orders received from superior officers.
§ 22-75. Duties at fires.
A. Members shall promptly remove all persons in danger at fire, render such first aid as may be necessary and see that any necessary medical care or ambulance service is promptly arranged.
B. Members shall look for evidence of incendiaries in cases of fires of suspicious origin but shall avoid expressing any public opinion on the same.
C. Members shall endeavor to detect or obtain evidence to convict persons sending false alarms of fires.
§ 22-76. Public property.
A. Members shall carefully protect from waste or abuse all public property in quarters and at fires. This includes light, fuel and expendable supplies.
B. Members shall not sell or give away any public property or loan the same without proper authorization.
§ 22-77. Leaving quarters or scene of fire.
Members shall not leave their quarters or a fire or any duty without the permission of their superior officer.
§ 22-78. Courtesy of members.
Members shall not use obscene or improper language but shall always be respectful and courteous to superiors, other members of the Fire Department and citizens.
§ 22-79. Report of information.
Members shall, at all times, serve the best interest of the Fire Department by observing and reporting all matters pertaining to and concerning its welfare to the proper officials.
§ 22-80. Use of Department telephones.
A. Members shall not use the Department telephone except for official Fire Department business or in case of an emergency or with the permission of the officer in charge.
B. When answering the telephone, members shall always give their station number, then their rank and their name.
C. When telephoning an alarm of fire, members shall always give the above information, then the alarm, and shall wait until the operator repeats the message correctly.
§ 22-81. Alcoholic beverages.
A. Members shall not, while in full uniform, enter any place where intoxicating beverages are sold, for any purpose except the strict discharge of their duty.
B. While on duty, members shall not, under any circumstances drink any intoxicating beverages nor use any harmful drugs or narcotics nor have or allow, except upon doctor's orders, the same to be brought into or kept in quarters.
§ 22-82. Gambling.
Members shall not indulge in or permit gambling in any form in quarters.
§ 22-83. General conduct.
Members shall not be guilty of conduct unbecoming a fire fighter or conduct prejudicial to the good reputation, order or discipline of the Department while on duty.
§ 22-84. General responsibilities of officers.
A. Officers shall not unnecessarily jeopardize the lives or safety of the men under their command.
B. Officers finishing up work at a fire shall make every possible effort to prevent rekindling.
§ 22-85. Solicitations.
A. Members shall not, while in full uniform, invite, suggest or request any contribution or sell any tickets for any purpose or receive any gifts of money or goods from any source without the express permission, in writing, of the governing body or Township Administrator.
B. Political solicitations.
(1) No member shall, by using the uniform, badge or prestige of the Department, attempt to influence the vote of any person for or against any candidate for public office.
(2) No solicitation, speech, campaign literature or distribution thereof, for or against any candidate for public office, shall be permitted on Department property.
§ 22-86. Riding on Department vehicles. [Amended 12-28-1994]
Members shall not permit any person not a member of the Department to ride upon any Department vehicle without approval of the Deputy Chief in Charge, except in an emergency or on official business of the Department.
§ 22-87. Official channels of communication. [Amended 12-28-1994]
All communication relating to the official business of the Department to or from any member of the Department shall be transmitted through official channels as follows: from a member through his station commander or officer in charge, through the Deputy Chief and through the Fire Director to the Township Administrator, if necessary, and the reverse order for communications going the other way.
§ 22-88. Transfers. [Amended 12-28-1994]
Any application for transfer shall be in the handwriting and over the signature of the applicant, stating truly and fully the necessity thereof and forwarded through official channels to the Fire Director and thereafter placed in the proper Department file.
§ 22-89. Distribution of Rules and Regulations.
A. The printed form of Part 1 of this chapter and all amendments and additions thereto shall be known as the "Rules and Regulations," and each member shall be issued a copy. It shall be the company officer's responsibility to see that every member of his company receives a copy of every order thereafter issued which changes or affects the Rules and Regulations and attach the same to his copy of the Rules and Regulations.
B. All members shall read and become familiar with the Rules and Regulations and ordinances governing their work and all other regulations affecting them.
C. Whenever there is doubt as to the meaning of a rule or regulation, application shall be made to the Fire Director for an interpretation of the same. [Amended 12-28-1994]
§ 22-90. Conduct in dormitories.
Members of the Department shall not smoke, nor unnecessarily disturb men asleep, in the dormitory.
§ 22-91. Twenty-four-hour duty; beginning of workday.
A. All members of the Fire Department are considered on duty for twenty-four (24) hours every day except when on regular or special leaves of absence or on sick leave.
B. The working day shall officially begin at 0800 hours in the Fire Department.
§ 22-92. Other employment.
Members shall not be employed in or connected with any extraneous business or occupation which will impair their departmental proficiency.
§ 22-93. Work done at stations.
Any work that is necessary and connected with the Department to be done about the stations, premises, apparatus or other property of the Department shall be done by the members, if practicable.
§ 22-94. Smoking.
Members in uniform shall not smoke while in the street nor while answering an alarm of fire, except by permission.
§ 22-95. Confidentiality of members' names.
Members shall hold confidential the names and addresses of other members.
§ 22-96. Vehicles on Department property.
No automobile, other than the departmental cars, shall be allowed on Fire Department property for any length of time whatsoever, except by the express permission of the commanding officer in charge. Under no circumstances shall any member of the Department perform any work on any private car on Department property or adjacent thereto without the express permission of the officer in charge.
§ 22-97. Orders at fires.
At fires, orders from officers to advance or withdraw are to be strictly and expeditiously obeyed.
§ 22-98. Familiarity with streets and hydrants.
A. All members shall familiarize themselves with all street numbers and hydrant locations in their district and with the most direct and least congested routes.
B. Members shall, at all times, pay particular attention to all hydrants they pass and shall promptly report any defect or obstruction therein to the nearest station.
§ 22-99. Peddling and soliciting on Department property. [Amended 12-28-1994]
No one shall be permitted to demonstrate or sell his merchandise in any fire station except on written permission from the Fire Director.
§ 22-100. Telephones in members' homes; notice of change of address or telephone number.
A. Every member of the Fire Department must have a telephone in his place of residence for emergency reasons.
B. Notice of any change in address or telephone number will be given to his company officer within twenty-four (24) hours.
§ 22-101. Prohibited conduct by officers.
Officers of the Fire Department are expected to set an example for the other members, and any willful neglect, indifference or infraction of regulations on their part will be considered an aggravated offense and dealt with accordingly.
§ 22-102. Attire traveling to and at fire.
All members of the Department going to and at fires shall wear the regulation attire; drivers and tillermen may wear fatigue caps until their arrival at the fire.
ARTICLE XX, Articles of Attire; Uniforms
§ 22-103. Materials supplied by Department.
All metal insignia, rubber coats and boots and fire helmets shall be furnished by the Department without expense to the members, but all other parts of the articles of attire shall be supplied by each member at his own expense.
§ 22-104. Uniforms. [Amended 12-28-1994]
Uniforms of members of the Department shall be worn at such times as the Fire Director may direct.
ARTICLE XXI, Violations and Penalties
§ 22-105. Applicability of statutory penalties.
Any violation of the Rules and Regulations contained herein will be subject to penalties as prescribed under Title 4 of the New Jersey Administrative Code, Department of Civil Service.
Part 2, Organization [Adopted 5-5-1986]
ARTICLE XXII, Membership
§ 22-106. Composition of Career Department. [Amended 2-16-1988; 12-28-1994]
The Fire Department of the Township of Bloomfield, New Jersey shall consist of such personnel as the Township Council may appoint from time to time in the best interest of public safety and welfare.
ARTICLE XXIII, Volunteer Fire/Rescue Company [Added 10-6-1997]
§ 22-107. Purpose.
A. The Auxiliary Fire/Rescue Squad was established under the Office of Civil Defense. The Office of Emergency Management has replaced the Office of Civil Defense without addressing many volunteers' needs. This will allow for the establishment of a Volunteer Fire/Rescue Company within the Bloomfield Fire Department, transferring all personnel and equipment to the Fire Department.
B. This shall identify the role and responsibility of the Volunteer Fire/Rescue Company.
§ 22-108. Organization.
A. Organization of Department.
(1) The Bloomfield Fire Department shall consist of a Career Department augmented by volunteer personnel. The number of personnel in each is determined by the Bloomfield Township Mayor and Council.
(2) The overall administrator and executive head of the Fire Department is the Fire Director.
B. Career Department. See Article XXIII, Membership.
C. Volunteer Company. The Volunteer Company shall augment the services that the Career Department currently provides for the townspeople of Bloomfield. The Volunteer Company shall consist of one fire/rescue company. The Company shall be supervised by a Captain and the number of Lieutenants, as determined by the Fire Director, to efficiently manage the Volunteer Company. The Captain and Lieutenants shall be appointed from the Volunteer Company, with the Fire Director's approval and shall report directly to the Fire Director.
§ 22-109. Appointment to Volunteer Company.
A. Persons appointed to active membership in the Volunteer Fire/Rescue Company of the Bloomfield Fire Department shall have successfully passed the physical examination, psychological examination by a physician and criminal background check and be recommended by the Fire Director for appointment to the Volunteer Company by the township.
B. Upon appointment, all members shall be given the following for their use in departmental activities. The equipment shall be properly maintained.
(1) Work uniform.
(2) One Department pager/plectron.
(3) Complete set of fire fighter protective clothing.
(4) Copy of Department rules and regulations.
(5) Copy of all standard operating procedures (SOP's) relevant to their position.
C. Annual renewal of appointment to the position of active member in the Volunteer Fire/Rescue Company is by the Fire Director. It requires a minimum fifty-percent attendance in drills and twenty-five-percent attendance of all incidents to which pager/plectron is activated for volunteer personnel during the calendar year.
D. Those members who choose not to make the attendance requirements of the volunteer fire fighter may choose to be an auxiliary fire fighter. Auxiliary fire fighters do not have the same fireground role as a volunteer fire fighter. The Auxiliary Firefighters are more of a support function limited to outside the fire structure. Those roles are less stressful and less demanding.
§ 22-110. Classification and duties.
A. All persons newly appointed to the Volunteer Company who do not meet the criteria for fire fighter I or better shall be classified and subject to the restrictions of probationary fire fighter.
B. A probationary fire fighter is restricted from entering a structural fire building for the purpose of any fire-fighting activity until such time that the Fireground Commander has declared the fire under control and determined that it is safe for probationary fire fighters to enter for observation purposes.
C. All probationary fire fighters must attend fire fighter I training classes as provided by the Fire Department or a County Academy, at the discretion of the Director of the Fire Department. Successful completion of the required course, along with recommendation by the Captain of the Volunteer Company is required to advance to fire fighter I. Probationary fire fighters shall also attend a minimum of 75% of scheduled drills during the first year.
§ 22-111. Captain Volunteer Company.
A. The Captain shall be responsible for maintaining the proper operation and performance of the Volunteer Company, in a manner, that is consistent with the Bloomfield Fire Department's policies, rules and regulations, Department Orders and SOP's.
B. The Captain shall report to the Incident Commander at emergencies. The Captain shall then direct the Volunteer Company as required by the Incident Commander.
§ 22-112. Lieutenant Volunteer Company.
A. The Lieutenant shall be next in command to the Captain of the Volunteer Company.
B. The Lieutenant shall assume command in the event that the Captain is delayed or absent from emergencies or drills.
C. The Lieutenant shall report to the Incident Commander at emergencies. The Lieutenant shall then direct the Volunteer Company as required by the Incident Commander.
§ 22-113. Chain of command.
A. The Volunteer Company shall report to the Director of the Bloomfield Fire Department.
B. The Director of the Fire Department shall be the executive head of the Fire Department, charged with policy making, planning, management and administration of the Department and all personnel, including all volunteer fire fighters and officers therein.
C. The Captains and Lieutenants, as appointed by the Fire Director, shall have control over the Volunteer Company.
D. The Captain shall be responsible for the operation of the Volunteer Fire Rescue Company (and shall report to the Fire Director or the Deputy Chief in charge depending on the nature of the situation).
E. Lieutenants shall rank next below Captain and shall be in charge of a squad.
F. The authority of the officers of the Volunteer Rescue Company shall be limited to the members of the Volunteer Company.
§ 22-114. Calendar year.
A. There is only one calendar year for the Volunteer Company, this being from January 1 through December 31.
B. The calendar year is used to determine the percentage of attendance requirements that are met.
C. Attendance figures for the year are posted quarterly on the Volunteer Company bulletin board.
§ 22-115. Drill attendance.
A. Personnel should arrive before the designated starting time and remain until all cleanup details are complete.
B. Credit for attendance is only given for members arriving within 15 minutes of starting time and remaining for the majority of the drill.
C. All personnel should bring all protective clothing to each drill.
D. Attendance lists are are taken by the Captain, or his designee, of the Volunteer Company and are submitted to the Department Training/Safety Officer at the completion of the drill.
E. The Captain shall be responsible to complete the required departmental forms.
§ 22-116. Training/Safety Officer.
A. At all incidents or live training exercises, there shall be present the Fire Department Safety/Training Officer. This person is a member of the Career Department. Should the Fire Department Safety/Training Officer not be present, the Captain of the Volunteer Company shall appoint one, should the Volunteer Captain be the Incident Commander.
B. Should the Captain have to appoint one, the Safety Officer should be chosen from those with some experience in this field.
C. It is the responsibility of the Safety Officer to pay special attention to any activities that jeopardize the well-being of civilians or fire fighters. Whenever possible, the Safety Officer shall not be involved in any tasks that would prevent the Safety Officer from acting effectively.
§ 22-117. Drills.
A. Training drills are conducted for Volunteer Company personnel twice per mouth, except in July, August and December (once a month).
B. Drills are usually scheduled for the second and fourth Wednesdays of the month, unless the date coincides with a federal holiday. The drill in December is usually held at least one week before Christmas.
C. Drills begin at 1900 hours and typically last until 2100 hours.
D. Special drills can be called at the discretion of any officer with approval of the Fire Director.
E. The content of the drills and training exercises may be recommended by the Captain of the Volunteer Company to the Department Training/Safety Officer for review and requires approval of the Fire Director.
§ 22-118. Schedule.
A schedule of the monthly drills should be prepared by the Training/Safety Officer of the Department and approved by the Fire Director.
§ 22-119. Discipline.
A. The Volunteer Company shall be subject to disciplinary action in the event of any infraction of Fire Department rules, regulations, policies and SOP's.
B. The violating member shall have charges submitted in writing, with the charging party signing the charges.
C. The Fire Director will then preside at the disciplinary hearing with all parties concerned present.
D. The Fire Director will issue a written report within seven days.
Chapter 31, INSURANCE FUND, MUNICIPAL
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 3-3-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
Defense and indemnification -- See Ch. 15.
Insurance -- See Ch. 163.
§ 31-1. Purpose.
The Township Council has recognized that there is an insurance crisis within the State of New Jersey with respect to municipal liability insurance coverage. Such coverage can either not be obtained at all or only obtained at prohibitive premium rates. In order to respond to the aforesaid crisis, the Township of Bloomfield desires to create a Municipal Insurance Fund pursuant to authority granted it by the laws of New Jersey.
§ 31-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CHAIRMAN -- The duly elected Chairman of the Township of Bloomfield Municipal Insurance Fund Commission.
COMMISSION -- The Township of Bloomfield Municipal Insurance Fund Commission.
COMMISSIONER -- Any properly chosen member of the Township of Bloomfield Municipal Insurance Fund Commission.
COUNCIL -- The duly elected members of the Township Council of the Township of Bloomfield.
FUND -- The Township of Bloomfield Municipal Insurance Fund.
MAYOR -- The duly elected Mayor of the Township of Bloomfield.
OFFICIAL -- Any department head or division head employed by the Township of Bloomfield and the Mayor and members of the Township Council.
SECRETARY -- The duly appointed Secretary to the Township of Bloomfield Municipal Insurance Fund Commission.
§ 31-3. Commission created; membership.
There is hereby created a Municipal Insurance Fund Commission within the township consisting of three (3) members who shall be called "Commissioners."
§ 31-4. Appointments of Commissioners.
Commissioners of the fund shall be appointed as follows:
A. One (1) Commissioner shall be a local or elected official appointed by the Mayor.
B. Two (2) Commissioners shall be local or elected officials appointed by majority vote of the Township Council.
§ 31-5. Terms of office of Commissioners, vacancies.
A. Each Commissioner shall hold office for a term of two (2) years or for the remainder of his or her term of office as an official, whichever is less, and until his or her successor is appointed.
B. Vacancies in the office of Commissioner caused by any reason other than expiration of term shall be filled for the unexpired term.
§ 31-6. Salaries and compensation for Commissioners.
A Commissioner shall serve without compensation.
§ 31-7. Establishment of fund; purposes.
A. The Council shall establish with the municipal budget a fund or funds for the payment of judgments or settlements and the payment of the reasonable and necessary expenses of defending claims against the township. The amounts of these funds shall be established yearly in each municipal budget. All unused amounts in said funds from previous budgets shall be carried over into the current municipal budget.
B. These funds shall be used for the following purposes:
(1) To insure against loss or damage caused to any property, equipment or apparatus owned by the township or owned by or under the control of any township department, board, agency or commission which is not otherwise insured.
(2) To insure against liability resulting from the use or operation of equipment or apparatus owned by or controlled by the township or any township department, board, agency or commission which is not otherwise insured.
(3) To insure against liability for the township's negligence or that of its officers, employees and servants, whether full or part-time, who are acting within the scope of their authority, but not including an independent contractor within the limitations of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.).
§ 31-8. Secretary to the Commission.
A. The Commissioners shall appoint a person other than themselves to serve as Secretary to the Commission at a salary to be set by ordinance or resolution as appropriate.
B. The Secretary shall be entrusted with the daily operation of the fund and shall submit a report to the Commissioners at least once a month.
C. The Secretary shall serve at the pleasure of the Commission, and vacancies in the position shall be filled in the manner of the original appointment.
§ 31-9. Organization of Commission.
Immediately after their appointment, the Commissioners shall organize for the ensuing year and elect a Chairman from their membership who shall serve for a term of one (1) year.
§ 31-10. Powers and duties of Commission.
The Commissioners shall have the following powers and authority:
A. To invest the fund and all additions and accretions thereto in such securities as they shall deem best to maintain the integrity of the fund.
B. To adopt rules and regulations for the control and investment of the fund.
C. To keep on hand in the fund sufficient cash or securities which can immediately be converted to cash for the payment of losses.
D. To obtain whatever insurance coverage they can, at reasonable rates, to maintain the integrity of the fund.
Chapter 36, LAND USE PROCEDURES EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 10-18-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Condominium conversion fees -- See Ch. 97.
Flood damage prevention -- See Ch. 130.
Site plan review -- See Ch. 225.
Subdivision of land -- See Ch. 234.
Zoning -- See Ch. 271.
ARTICLE I, Planning Board
§ 36-1. Establishment; membership.
There is hereby established, pursuant to N.J.S.A. 40:55D-1 et seq., in the Township of Bloomfield a Planning Board of nine (9) members, consisting of the following four (4) classes:
A. Class I: the Mayor.
B. Class II: one (1) of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor.
C. Class III: a member of the governing body, to be appointed by it.
D. Class IV: six (6) other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education.
§ 36-2. Terms of office.
A. The term of the member composing Class I shall correspond with his official tenure.
B. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first.
C. The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four (4) years after their appointments as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four (4) years and, further, provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided.
D. All terms shall run from January 1 of the year in which the appointment was made.
§ 36-3. Vacancies.
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
§ 36-4. Organization.
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
§ 36-5. Experts and staff.
The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 36-6. Powers and duties.
A. The Planning Board is authorized to adopt bylaws governing its procedural operation.
B. The Planning Board shall also have the following powers and duties:
(1) To make and adopt and, from time to time, amend a Master Plan for the physical development of the township, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the township in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.
(2) To administer the provisions of the Land Subdivision Ordinance and Site Plan Review Ordinance of the townshipEN in accordance with the provisions of said ordinances and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.
(3) To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(4) To assemble data on a continuing basis as part of a continuous planning process.
(5) To annually prepare a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend the same to the governing body.
(6) To consider and make report to the governing body within thirty-five (35) days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7) Ancillary powers.
(a) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
[1] Variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, lot dimensional setback and yard requirements, provided that such relief from lot area requirements shall not be granted for more than one (1) lot.
[2] Direction, pursuant to N.J.S.A. 40:55D-34, for the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
[3] Direction, pursuant to N.J.S.A. 40:55D-36, for the issuance of a permit for a building or structure not related to a street.
(b) Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(8) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
§ 36-7. Time limits for decisions
A. Minor subdivisions. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing LawEN or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the county recording officer.
B. Preliminary approval for major subdivisions. Upon submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.
C. Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Article I, § 36-6B(7) of this chapter, the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant.
D. Final approval. Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application or within such further time as may be consented to by the applicant. Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the county recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.
§ 36-8. Procedure for filing applications.
A. Applications for development within the jurisdiction of the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be filed with the Secretary of the Planning Board. The applicant shall file, at least fifteen (15) days before the date of the monthly meeting of the Board, three (3) copies of a sketch plat; three (3) copies of an application for minor subdivision approval; three (3) copies of an application for major subdivision approval; or three (3) copies of an application for site plan review, conditional use approval or planned development.
B. At the time of filing the application, but in no event less than ten (10) days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Planning Board.
C. The applicant shall obtain all necessary forms from the Secretary of the Planning Board.
D. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate applications and of the regular meeting dates of the Board.
§ 36-9. Citizens' Advisory Committee.
The Mayor may appoint one (1) or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
§ 36-10. Adoption of rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
ARTICLE II, Zoning Board of Adjustment
§ 36-11. Establishment; membership; terms of office.
A Zoning Board of Adjustment is hereby established, pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven (7) residents of the Township of Bloomfield appointed by the governing body to serve for terms of four (4) years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment, provided that the initial term of no member shall exceed four (4) years. Thereafter, the term of each member shall be for four (4) years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
§ 36-12. Restrictions on membership.
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
§ 36-13. Vacancies.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
§ 36-14. Alternate members. [Added 4-7-1980]
Pursuant to Chapter 37 of the Laws of 1978,EN the governing body shall appoint two (2) alternate members of the Zoning Board of Adjustment, who shall be designated by the Chairman as "Alternate No. 1" and "Alternate No. 2" and who shall serve in rotation during the absence or disqualification of any regular member or members. The term of each alternate member shall be two (2) years; provided, however, that, upon the initial appointment of the two (2) alternate members, one (1) such alternate member's appointment shall be for one (1) year.
§ 36-15. Organization.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or another municipal employee.
§ 36-16. Experts and staff.
The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
§ 36-17. Adoption of rules and regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
§ 36-18. General powers and duties.
A. The powers of the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-69 et seq. and amendments and supplements thereto and with the provisions of this chapter.
B. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may lawfully be conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of this chapter or any term, clause, sentence or word hereof and the Zoning Map, in accordance with the general rules of construction applicable to legislative enactments.
C. The Board may, in appropriate cases and subject to appropriate conditions and safeguards, grant variances from the terms of this chapter in accordance with the general or specific rules contained herein and with the general rules hereby laid down so that equity shall be done in cases where the strict construction of the provisions of this chapter would cause undue hardship. The powers and duties of the Board having been delegated to and imposed upon it by statute, the Board shall in all cases follow the provisions applicable to it in said N.J.S.A. 40:55D-1 et seq. or subsequent statutes in such case made and provided, and it shall, from time to time, furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
§ 36-19. Appeals and applications.
A. Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Each appeal shall be taken within sixty-five (65) days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with a copy of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three (3) copies of the application shall be filed. At the time of the filing of the appeal or application but in no event less than twenty (20) days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board.
C. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
§ 36-20. Reversal or modification of decisions.
In exercising the abovementioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all the powers of the administrative officer from whom the appeal was taken.
§ 36-21. Expiration of variances.
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within six (6) months from the date of entry of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding. One (1) additional six-month extension may be permitted.
§ 36-22. Specific powers and duties.
A. Powers granted by law.
(1) The Board of Adjustment shall have such powers as are granted by law to:
(a) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.EN
(b) Hear and decide requests for interpretation of the Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized by the Zoning Ordinance to pass.
(c) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in the Zoning Ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use and, further, provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to Section 47a of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.EN
(d) Grant a variance to allow a structure or use in a district restricted against such structure or use in particular cases and for special reasons, but only by the affirmative vote of at least two-thirds (2/3) of the full authorized membership of the Board.
(2) No variance or other relief may be granted under the provisions of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance.EN Any application under this Subsection A may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
B. Additional powers.
(1) The Zoning Board of Adjustment shall, in addition to the powers specified in Subsection A of this section, have the power given by law to:
(a) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
(b) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(2) The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection A(1)(d) of this section.
§ 36-23. Time limit for decisions.
The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-70b. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
ARTICLE III, Provisions Applicable to Both Planning Board and Zoning Board of Adjustment
§ 36-24. Conflicts of interest.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on a hearing of such matter nor participate in any discussion or decision relating thereto.
§ 36-25. Meetings.
A. Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
B. Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C. No action shall be taken at any meeting without a quorum being present.
D. All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq.
E. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231 of the Laws of 1975.EN An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
§ 36-26. Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
§ 36-27. Fees. [Amended 1-21-1980; 10-5-1987]
A. Planning Board fees. Fees for applications for subdivisions, site plans and conditional uses shall accompany applications and shall be based on the following schedule:
(1) Minor subdivisions, site plans and conditional uses. [Amended 6-6-1994]
Minor Site Plan and
Size of Lot Subdivisions ConditionalUses
Less than 1 acre $ 75.00 $300.00
1 acre but less than 200.00 400.00
3 acres
3 acres but less than 250.00 500.00
10 acres
10 acres or more 300.00 600.00
(2) Major subdivisions: four hundred dollars ($400.) plus one hundred dollars ($100.) for each additional acre over one (1) acre up to a maximum of seven hundred dollars ($700.). [Amended 6-6-1994]
(3) Reverse subdivision: twenty-five dollars ($25.).
B. Zoning Board and variance fees. [Amended 6-6-1994]
Estimated Cost Use Variance Other
$0 to $5,000 $150.00 $ 60.00
$5,001 to $50,000 200.00 100.00
$50,001 to $200,000 350.00 200.00
In excess of $200,000 500.00 300.00
C. Where a Board is reviewing an application for more than one (1) approval, i.e., combined subdivision and site plan or variance, a single application fee will be charged.
§ 36-28. Hearings.
A. Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
B. Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 1938, (N.J.S.A. 2A:67A-1 et seq.) shall apply.
C. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D. Evidence. Technical rules of evidence shall not be applicable to the hearings, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E. Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
F. Minor subdivisions. In the case of minor subdivisions, the Planning Board may waive the necessity of a hearing.
§ 36-29. Notices.
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
A. Public notice shall be given by publication in the official newspaper of the municipality at least ten (10) days prior to the date of the hearing.
B. Notice to property owners.
(1) Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by:
(a) Serving a copy thereof on the owner, as shown on said current tax duplicate, or his agent in charge of the property; or
(b) Mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required.
(2) Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
C. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
D. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situate within two hundred (200) feet of a municipal boundary.
E. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq.EN
G. All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I. Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
J. In the case of minor subdivisions, the Planning Board may waive the notice requirements.
§ 36-30. List of property owners.
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the administrative officer of the municipality shall, within seven (7) days after receipt of a request therefor, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 36-29B of this chapter.
§ 36-31. Decisions.
A. Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.
B. A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
§ 36-32. Publication of decision.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.
§ 36-33. Payment of taxes.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application, or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
ARTICLE IV, Appeals
§ 36-34. Appeals to Zoning Board of Adjustment.
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of the Zoning OrdinanceEN or Official Map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal in the manner set forth in § 36-19A of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.EN
§ 36-35.EN Appeals from Zoning Board of Adjustment to governing body.
An appeal from any decision of the Zoning Board of Adjustment granting a use variance pursuant to the provisions of N.J.S.A. 40:55D-17d may be taken to the governing body, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Zoning Board of Adjustment.
ARTICLE V, Miscellaneous Provisions
§ 36-36. Definition of terms.
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
§ 36-37. Continuation of provisions.
Pursuant to the provisions of Chapter 291 of the Laws of 1975, Section 81, N.J.S.A. 40:55D-1 et seq., the substantive provisions of the existing Subdivision Ordinance and Zoning Ordinance of the Township of BloomfieldEN and the development regulations set forth therein shall continue in full force and effect for a period of six (6) months from the effective date of said act or until the township exercises the authority delegated by said chapters to regulate development, whichever occurs first.
§ 36-38. Effect on pending applications.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.
§ 36-39. Filing with County Planning Board.
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the municipality relating to land use, such as the Subdivision, Zoning and Site Plan Review Ordinances.EN
Chapter 43, OFFICERS AND EMPLOYEES
[HISTORY: Adopted by the Township Council of the Township of Bloomfield: Art. I, 12-16-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification -- See Ch. 15.
Public Employees' Awards Committee -- See Ch. 52.
Residency requirements -- See Ch. 55.
Salaries and compensation -- See Ch. 59.
ARTICLE I, Drug and Alcohol Policy Relating to Heavy Equipment and Commercial Vehicle Operators [Adopted 12-16-1996]
§ 43-1. Drug-free workplace required.
The Omnibus Transportation Employee Testing Act of 1991 requires the Township of Bloomfield to maintain a drug-free workplace.
§ 43-2. Applicable federal rules and regulations.
The drug and alcohol testing policy was developed in accordance with the following federal rules and regulations which apply to the Township of Bloomfield:
A. Department of Transportation, Office of the Secretary, 49 C-FR 40, Procedures for Transportation Work Place Drug Testing Programs: Final Rule.
B. Department of Transportation, Office of the Secretary, 49 CFR 382 et al., Controlled Substances and Alcohol Use and Testing.
§ 43-3. Employment action for violations.
Any employment action taken by the appointing authority for violation of this policy shall be taken in accordance with N.J.S.A. 11A:1-1 et seq., Civil Service Act, and Title 4A of the New Jersey Administrative Code and any applicable procedures contained in collective bargaining agreements.
Chapter 46, PARKING VIOLATIONS OFFICER EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Secs. 17-41 and 1742 of the 1962 Code; amended in its entirety 4-18-1966. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Police Department -- See Ch. 50.
Parking for handicapped -- See Ch. 185.
Off-street parking -- See Ch. 187.
Vehicles and traffic -- See Ch. 254.
§ 46-1. Creation of position.
The position of Parking Violations Officer is hereby created in the Police Department of the township. Such position shall be under the supervision and direction of the Police Chief of the township. Parking Violations Officers shall not be a part of nor in anywise be deemed members of the Police Department of the township. Parking Violations Officers shall have and exercise such limited powers and shall perform such duties as provided in § 46-2 of this chapter.
§ 46-2. Powers and duties; qualifications.
A Parking Violations Officer shall, under the direction of the Police Chief of the township, patrol an assigned or designated area or to inspect the operation of parking meters, to see that vehicles parked properly and to issue summonses to parking offenders; shall perform related work as required. Qualifications for position and typical tasks to be performed are contained in specifications issued by the State Department of Civil Service.
Chapter 50, POLICE DEPARTMENT EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 21 of the 1962 Code. Sections § 50-3A and 50-4A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Court -- See Ch. 12.
Residency requirements -- See Ch. 55.
Salaries and compensation -- See Ch. 59.
ARTICLE I, General Provisions
§ 50-1. Composition. [Amended 6-3-1963; 3-7-1966; 2-20-1967; 9-3-1968; 5-5-1969; 9-18-1972; 12-18-1972; 5-1-1978; 4-7-1980; 2-2-1981; 2-17-1987; 2-16-1988]
The Police Department of the township shall consist of the following: one (1) Police Chief and as many superior officers, detectives and police officers as the Township Council shall from time to time appoint.
§ 50-2. Appointments; temporary or emergency service. [Amended 6-3-1963; 3-7-1966; 2-20-1967; 9-3-1968; 5-5-1969; 12-18-1972; 5-1-1978; 4-7-1980; 2-2-1981]
A. The Township Council may appoint such additional men as shall be necessary for temporary or emergency service.
B. No person shall be a member of the Police Force until he shall have been regularly appointed as a police officer of the Bloomfield Police Force or Department.
C. All appointments to any position on the Police Force or Department shall be made by the Township Council according to law.EN
§ 50-3. Equipment.
A. The township shall provide the members of the Police Department with badges or shields, wreaths, signal box keys, locker keys, nightsticks, handcuffs and revolvers. Loss of such equipment and failure to immediately report the loss of same shall be deemed neglect of duty. Members of the Police Department shall pay for any such equipment lost through neglect.EN
B. Members of the Police Department, at their own expense, shall provide themselves with uniforms and uniform caps, as specified by the Township Council, flashlights, whistles, day sticks, notebooks and pencils, rubber coats and suitable rubber footwear and pocket or wrist watches of standard make.
C. All uniforms and equipment must be kept in good order and condition. All articles furnished by the township must be accounted for and surrendered to the Police Chief upon suspension or separation from service for any reason whatsoever.
D. Members of the Police Department, while on duty, shall carry full equipment.
E. Members of the Police Department, while off duty, except on vacation, sick or disability leave, shall carry their badges, whistles, signal box keys, day sticks and revolvers.
§ 50-4. Outside employment; response to calls.
A. Members of the Police Department may engage in private police work when written permission is obtained from the Chief of Police for such work. When members are engaged in any other business or occupation, it shall not consume their energies to make them ineffective for their regular police duties.EN
B. In the performance of duty, each member shall respond promptly to every call and give his best efforts under and in all circumstances.
C. Although specified hours may be allotted to members of the Police Department for the performance of duty on ordinary occasions, each member must at all times be prepared to act immediately on notice that his services are required.
§ 50-5. Hours of duty; emergencies.
The hours of employment of uniformed members of the Police Department shall not exceed eight (8) consecutive hours in any one (1) day nor forty (40) hours in any one (1) week, provided that, in case of an emergency, the Police Chief or other executive officer of the Police Department, the Township Administrator or the Township Council, having charge or control of the Police Department, shall have full authority to summon and keep on duty all such members during the period of emergency.
§ 50-6. Conduct of members.
Members of the Police Department shall conduct themselves in a quiet, civil and orderly manner at all times; refrain from the use of indecent, profane, uncivil or threatening language, even though there is great provocation; be gentlemanly and respectful to superiors, equals and citizens; use no unnecessary force or violence to prisoners or any other person; cheerfully perform all proper duties; and answer all proper questions but avoid unnecessary conversation while on duty. Superiors shall be courteous to subordinates.
§ 50-7. Grounds for action.
Any member of the Police Department shall be subject to reprimand, loss of pay, suspension from duty, reduction in rank or dismissal or any one (1) or more of such penalties, according to the nature and aggravation of his offense, upon written charges being preferred and filed as required by law and after trial by the Township Council, for any of the following causes or violation of any rule, regulation or order governing the Police Department:
A. Intoxication on duty or in uniform.
B. Drinking any intoxicating liquor while on duty or in uniform.
C. Willful disobedience of orders.
D. Disrespect to a superior officer.
E. Indecent, profane, harsh or uncivil language.
F. Unnecessary violence to a prisoner or unlawful use of force in any case.
G. Sleeping while on duty.
H. Absence from duty without leave.
I. Having post or assignment without just cause.
J. Not properly patrolling post.
K. Not found on post.
L. Incompetency, lack of energy and incapacity, mentally or physically.
M. Immorality, indecency or lewdness.
N. Violation of any criminal law.
0.Entering any building except in discharge of duty while in uniform or on duty.
P. Neglect in paying just debts contracted while a member of the force.
Q. Conduct unbecoming an officer and a gentleman.
R. Publicly commenting upon the official action of a superior officer, Mayor or a member of the Township Council.
S. Revealing to any person not a member of the Police Department any proposed police action or movements or provisions of any official order.
T. Making any false statement in application for appointment to the police force.
U. Neglect of duty.
V. Conduct subversive of good order and the discipline of the force.
W. Untruthfulness about matters pertaining to the police force or duties.EN
X. Violating any of the rules and regulations promulgated by the Township Council.
§ 50-8. Conformance to rules and regulations.
It shall be the duty of each officer and member of the Police Department to carefully read and strictly conform to this chapter and the rules and regulations of the Police Department prescribed by resolution of the Township Council.
§ 50-9. Release of information; fees. [Added 4-20-1964]
A. The Chief of the Township Police Department shall prescribe, in writing, regulations governing the release of noncriminal information from the files of the Township Police Department. Such regulations shall specifically set forth that noncriminal information which may be released by the Township Police Department and all other information shall be treated as confidential and shall not be released, unless by order of a court of competent jurisdiction or by authority of the Chief of the Township Police Department.
B. Any person desiring noncriminal information from the files of the Township Police Department shall make such request in accordance with and in the manner prescribed by regulations to be promulgated by the Chief of the Township Police Department. Checks and money orders and shall be made payable to the Township of Bloomfield, and all fees shall be paid to the Township Police Department. The Chief of Police shall deliver all such fees to the Tax Collector of the township, who shall receive and account for the same in accordance with the provisions of § 5-51 of this Code.
C. [Amended 2-1-1971] Fees to be charged shall be as follows:
(1) Copy of noncriminal report, per page: fifty cents ($0.50). [Amended 6-2-1980]
(2) Copy of noncriminal photograph, per photo: five dollars ($5.).
(3) Permit to purchase pistol or revolver: two dollars ($2.).
(4) Permit to purchase rifle or shotgun, ID card: five dollars ($5.). [Amended 11-19-1979]
(5) Fingerprints registered where required for issuance of permit or license for any civilian purpose, per card: three dollars ($3.).
(6) Clearance visa or letter of good conduct: three dollars ($3.).
(7) Notarization of signature, each signature: one dollar ($1.).
(8) Report of record of individual when requested by prospective employer engaged in government contract of a national security nature: four dollars ($4.).
(9) Searching fee for any of the foregoing enumerated services when a report, record or photograph is not on file; record check of individual for prospective employers: three dollars ($3.).
D. No fee shall be charged for any of the enumerated services when requested by any municipality, county, state or federal agency or subdivision thereof. The fee for notarization of signature shall not apply to signatures required on application forms for commitment to mental health hospitals.
ARTICLE II, School Traffic Guards
§ 50-10. Appointments.
A. The Township Council shall appoint qualified applicants to the position of school traffic guard, part-time, which position was created by an ordinance of the township adopted December 3, 1956.EN
B. Appointment to the position of school traffic guard shall be upon the recommendation of the Chief of Police and the Township Administrator.
§ 50-11. Qualifications.
To be eligible for appointment as school traffic guard, a person shall:
A. Be a resident of the township.
B. Be a citizen of the United States, of good moral character and able to read and write the English language understandably.
C. Be in good health, sound in body and mind and certified to by the Police Surgeon as being physically capable of performing the required duties.
D. Each appointee shall be sworn to faithful performance of the required duties.
E. Applicants for such position or new appointees shall present themselves for a period of preassignment training of such nature and duration as the Chief of Police shall find necessary to the performance of the required duties, during which period such appointees or candidates for such position shall receive the hourly wage provided for such persons during the training period.
§ 50-12. Duties.
School traffic guards shall maintain the orderly movement of pedestrian and vehicular traffic consistent with the safety of children attending school in the township.
§ 50-13. Duties of Chief of Police.
The Chief of Police shall:
A. Supervise and command school traffic guards and shall familiarize such guards with the duties of their position.
B. Have the authority to assign guards to such localities as shall be best suited to afford protection to school children.
C. Prescribe the hours of duty for school traffic guards according to the exigencies of the school or the locality where such post shall be created. A list of the posts and the hours of duty for each post shall be prominently displayed in Police Headquarters, and a copy placed on file with the Township Council and in the financial offices of the township.
D. Be authorized to assign a guard to longer tour of duty at any post to meet special conditions which prevail in or at any of the schools of the township.
§ 50-14. Compliance with rules and regulations.
School traffic guards shall adhere to and be governed by all the rules and regulations laid down for the guidance of the Police Department members insofar as such rules and regulations are applicable to and consistent with the special class of duty prescribed for school traffic guards. Guards shall also comply with all other applicable ordinances, rules and regulations adopted by the Council.
§ 50-15. Limited police powers.
School traffic guards shall not be a part of or in anywise be deemed members of the Police Department of the township. Guards shall have and exercise such limited police powers as may be delegated to them by the Chief of Police.EN
§ 50-16. Uniforms and equipment.
Each guard shall provide and wear, at his own expense, a uniform prescribed by the Township Council, with a suitable identifying badge and such other equipment prescribed by the Chief of Police as he shall find necessary in the best interest of the township.
§ 50-17. Discipline; suspension and dismissal.
The Township Council shall have the authority to summarily dismiss any school traffic guard for any reason it shall deem sufficient. The Chief of Police shall have the authority to discipline, suspend and recommend dismissal of a guard whenever he finds it to be in the best interest of the township to do so.
ARTICLE III, Special Law Enforcement Officers [Added 10-5-1987]
§ 50-18. Creation of position.
In accordance with the provisions of P.L. 1986, c. 2, of the New Jersey Statutes, there is hereby created the position of special law enforcement officers for the Township of Bloomfield, Essex County, New Jersey. Each special officer appointed shall be subject to the requirements of this Article and the additional requirements set forth in P.L. 1986, c. 2, adopted March 24, 1986.
§ 50-19. Classification; powers and duties.
The classifications of the special law enforcement officers shall be based upon the duties to be performed by said officers and are established as follows:
A. Class One. Officers of this class are authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his stead. Said Class One officers are also authorized to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances and violations of Title 39 of the New Jersey Statutes Annotated. The use of firearms by said Class One officers is strictly prohibited, and no Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
B. Class Two. Officers of this class are herewith authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. They shall be assigned such powers and duties by the Chief of Police or, in the absence the Chief, another law enforcement officer in a supervisory capacity designated by the Chief to act in his stead. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission, established within the Department of Law and Public Safety of the State of New Jersey.
§ 50-20. Compliance with other legislation governing Police Department.
All duly appointed special law enforcement officers shall be subject to the rules and regulations governing the Police Department of the Township of Bloomfield as adopted by previous ordinances, including by description but not limitation the Standard Operating Procedures Police Manual of the Township of Bloomfield.
§ 50-21. Appointments; terms.
Special law enforcement officers shall be appointed by the Township Council for a term not to exceed one (1) year, which appointments shall be made at the annual reorganization meeting or at such other times as the Township Council deems it necessary to make such appointments.
§ 50-22. Compensation.
Said special law enforcement officers shall not be compensated for the performance of their duties.
§ 50-23. Limitation on number of officers.
The number of special law enforcement officers employed by the Township of Bloomfield shall be limited as follows:
A. Class One: not more than the number of regular police officers employed by the Township of Bloomfield.
B. Class Two: not more than twenty-five percent (25%) of the number of regular officers employed by the Township of Bloomfield.
§ 50-24. Residency requirements.
No special law enforcement officer shall be appointed to a position with the Township of Bloomfield unless that officer shall be a resident of said township. Failure to continue to maintain such residence within the Township of Bloomfield after appointment shall be grounds for immediate termination.
§ 50-25. Qualifications.
A. No person may be appointed a special officer unless the person:
(1) Is a resident of the Township of Bloomfield during the term of appointment.
(2) Is able to read, write and speak the English language well and intelligently and has a high school diploma or equivalent.
(3) Is sound in body and of good health.
(4) Is of good moral character.
(5) Has not been convicted of any offense involving dishonesty or which would make him/her unfit to perform the duties of special officers.
(6) Has undergone the same psychological screening that is required of all full-time police officers of the Police Department.
B. The Chief of Police shall have had the applicant fingerprinted as required by statute, conducted a background investigation of the applicant to determine the eligibility and qualifications of the applicant and reported these determinations, in writing, to the Council.
§ 50-26. Training course; firearms.
No special officer shall commence his duties until he/she has completed the training as required under N.J.S.A. 40A:14-146.11 or as amended from time to time.
§ 50-27. Uniforms.
The uniform of special officers shall be determined by the Chief of Police and shall be in compliance with N.J.S.A. 40A:14-146.12.
§ 50-28. Supervision and direction.
A. A special officer shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, another superior officer designated by the Chief of Police and shall perform his duties only in the Township of Bloomfield, unless in fresh pursuit of any person pursuant to Chapter 156 of Title 2A of the New Jersey Statutes.
B. The special officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the Police Department, as well as any rules and regulations applicable to the conduct and decorum of special officers.
§ 50-29. Hours of duty.
A. The Chief of Police may assign special officers of Class One and Class Two to perform authorized duties not to exceed twenty (20) hours per week.
B. Special police officers may be assigned without limit during periods of emergency.
Chapter 52, PUBLIC EMPLOYEES' AWARDS COMMITTEE
[HISTORY: Adopted by the Council of the Township of Bloomfield 11-7-1990. Amendments noted where applicable.]
§ 52-1. Establishment.
Pursuant to N.J.S.A. 40A:5-31, there is hereby established and created within the government of the Township of Bloomfield an awards committee which shall be known and designated as the "Public Employees' Awards Committee."
§ 52-2. Membership.
Said Committee, shall consist of five (5) persons appointed by the Mayor. The Mayor may appoint himself as a member of said Committee. All such members shall be officers or employees of the Township of Bloomfield or members of the Township Council, and no two (2) of such officers or employees shall be employed in the same department of the Township of Bloomfield.
§ 52-3. Terms.
A. Of the members first appointed to the Committee, two (2) shall be appointed for terms of three (3) years, two (2) for two (2) years and one (1) for one (1) year, and, thereafter, appointments shall be made for terms of three (3) years.
B. Members shall serve for the terms for which they are appointed and until their successors have been appointed and qualified. A vacancy occurring by reason other than expiration of term shall be filled for the unexpired term.
§ 52-4. Compensation.
Members of the Committee shall serve without compensation.
§ 52-5. Meetings.
The Committee shall meet and organize as soon as practical after the first appointment of members and annually, thereafter, on the call of the Mayor and select a Chairman from among its members. The Committee shall hold regular meetings at least once each month during the year, except during July and August, or at the call of the Mayor or Chairman of the Committee.
§ 52-6. Assistance from township.
The Committee is authorized to request, and shall receive, such assistance as it may require from any department, official or agency of the township.
§ 52-7. Rules and regulations.
The Committee shall be responsible for the formulation and shall have the power to adopt and promulgate rules and regulations for the conduct and operation of awards programs.
§ 52-8. Annual report.
The Committee shall make an annual report to the governing body concerning the operation of awards programs established pursuant to N.J.S.A. 40A:5-31.
§ 52-9. Criteria for awards; programs.
Awards may be made for heroism, suggestions, efficiency, incentive, professional accomplishments and service. Programs for the above may be established by the Committee.
§ 52-10. Form of award.
Awards may be in the form of cash, medals, citation certificates, insignia or other appropriate devices.
§ 52-11. Selection of recipients.
The Township Council, the Mayor or the Committee may make the selections of the persons who are to be the recipients of the awards; provided, however, that any selections made by the Mayor or the Committee shall be submitted to the Township Council, which body may approve or disapprove of the selection of the person or the form of the award, or both. If the recommendation is approved, the award may be presented by the Mayor or the Council or some other officer of the township selected for that purpose.
§ 52-12. Appropriations.
The Township Council may make appropriations of money to defray the cost of the awards and of the expenses of the Committee in administering the award programs.
Chapter 55, RESIDENCY REQUIREMENTS EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 12-20-1976, amended in its entirety 7-11-1994. Adopted by the Council of the Township of Bloomfield: Art. II, 12-7-1981. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
Fire Department -- See Ch. 22.
Police Department -- See Ch. 50.
ARTICLE I, Fire and Police Departments [Adopted 12-20-1976; amended in its entirety 7-11-1994]
§ 55-1. Qualification of applicants; promotions.
All applicants for appointment to or for promotion within the Police and Fire Departments shall be qualified for appointment or promotion as required by law, ordinance and Civil Service rules and regulations. All applicants for appointment shall be residents of the Township of Bloomfield and must maintain continuous residency within the Township of Bloomfield from the announced closing date of the Department of Personnel Examination up to and including the date of appointment.
§§ 55-2 through 55-4. (Reserved)
ARTICLE II, Civil Service Employees [Adopted 12-7-1981]
§ 55-5. Residency of officers and employees in classified positions.
Unless otherwise provided by law, all officers and employees in classified positions in civil service employed by the Township of Bloomfield after the effective date of this Article shall be bona fide residents of the township. A "bona fide resident," for the purpose of this Article, is a person having a permanent domicile within the local unit and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the local unit's boundaries.
§ 55-6. Residency of applicants.
Unless otherwise provided by law, all applicants for classified positions in civil service shall be bona fide residents of the Township of Bloomfield after the effective date of this Article.
§ 55-7. Advertising for applicants outside township; classifications.
A. When the appointing authority of the Township of Bloomfield has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the appointing authority shall advertise for other qualified applicants.
B. Classification of qualified applicants in such instances shall be determined in the following manner:
(1) Other residents of the county in which the municipality is situate.
(2) Other residents of counties contiguous to the county in which the municipality is situate.
(3) Other residents of the state.
(4) All other applicants.
C. All appointments shall be made in the order of preference established hereinabove.
§ 55-8. Establishment of residency.
Unless otherwise provided by law, all officers and employees employed in classified positions in civil service and not residents at the time of their permanent appointment shall establish residency in the Township of Bloomfield within one (1) year of their permanent appointment.
§ 55-9. Maintenance of residency.
It shall be the duty of the appointing authority of the Township of Bloomfield to ensure that all employees hired after the effective date of this Article remain bona fide residents of the township. Failure of any such employee to maintain residency in the Township of Bloomfield shall be cause for removal or discharge from service.
§ 55-10. Exceptions to requirements.
Whenever the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills necessary for the operations of the township and which are not likely to be found among the residents of the Township of Bloomfield, such positions or employments so determined shall be filled without reference to residency. Such provisions shall set forth appropriate documentation as to the nature of the special talent or expertise required and of the efforts made to recruit persons of such special talent or expertise from within the township.
§ 55-11. Promotions.
Promotion preference shall be given to bona fide residents of the Township of Bloomfield. When promotions are based upon merit, as properly determined, a bona fide resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. Such preference under this section shall in no way diminish, reduce or affect the preference granted pursuant to other law.
§ 55-12. Effect of statutory provisions.
Nothing contained in this Article shall require residency in the township where a state statute would allow otherwise.
Chapter 59, SALARIES AND COMPENSATION EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. II, 10-21-1968 as Ch. 2, Art. III, of the 1962 Code. Section 59-1 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Administration of government -- See Ch. 5.
Residency requirements -- See Ch. 55.
ARTICLE I, Salary Ordinance
[The salaries and compensation of all officers and employees of the Township of Bloomfield are set forth from time to time by ordinance of the Township Council. A copy of the currently effective Salary Ordinance of the township is on file in the office of the Township Clerk and available for examination during normal office hours.]
ARTICLE II, Holiday Pay for Police and Fire Departments [Adopted 10-21-1968 as Ch. 2, Art. III, of the 1962 Code]
§ 59-1. Grant of compensation time.EN
Each officer and member of the Police and Fire Departments shall be granted holiday pay in lieu of time off in accordance with respective agreements.
§ 59-2. Amount of compensation time granted. [Amended 12-18-1972]
Officers and members of the Police and Fire Departments of the township, on such holidays, shall be compensated on the basis of one-tenth (1/10) of their biweekly pay for each such holiday, established as of July 1, consisting of basic salary plus longevity. This compensation shall be in addition to the equivalent time paid for such holidays.
§ 59-3. When holiday compensation payable.
A. Holiday pay shall be paid once each year in December.
B. Officers and members who are terminated by reason of death or retirement before July 1 shall not be paid for holidays.
C. Officers and member who are terminated by reason of death or retirement subsequent to July 1 shall be paid for the six (6) holidays at the time of termination.
D. Officers and members who shall be terminated for any other reason than death or retirement during the calendar year shall not be paid for holidays.
§ 59-4. Effect on pensions.
Holiday pay shall not be considered together with regular pay for pension purposes.
§ 59-5. Effect of maximum salary.
Holiday pay shall be paid notwithstanding the fact that an officer or member is receiving the maximum salary provided in the regular Salary Ordinance.
Chapter 62, UTILITIES, PUBLIC
[HISTORY: Adopted by the Council of the Township of Bloomfield: Art. I, 9-7-1993. Amendments noted where applicable.]
ARTICLE I, Orange Street Center [Adopted 9-7-1993]
§ 62-1. Establishment.
There is hereby created under the terms of this Article a public utility for the purpose of operating, maintaining and preserving property within the Township of Bloomfield, County of Essex, State of New Jersey, to be used as a self-supporting rental unit enterprise facility, situated at the former Schering-Plough Complex, which shall be owned by the Township of Bloomfield and for accounting purposes be a separate entity, having its own borrowing capacity, its own separate accounts and its own separate property, whether it be real, personal or mixed.
§ 62-2. Official name.
The name by which the utility shall be known is the "Township of Bloomfield Orange Street Center," hereinafter the "utility."
§ 62-3. Functions.
It shall be the function of the utility to preserve, care for, lay out, construct, maintain, improve and operate lands, buildings and facilities used as a self-supporting rental unit enterprise center to construct, reconstruct, alter, provide, renew and maintain buildings or other structures and equipment; and provide for the care, custody and control thereof in the operation of the utility; to raise money necessary to pay for the lands, rights or interest therein acquired for the rental unit enterprise center and for improving and equipping the same; to pay or make provision for the payment of the reasonable expenses in each fiscal year of the utility; to pay to those persons entitled thereto the interest and principal on notes and bonds of the utility; and to deposit and accumulate reserve funds or reserves.
§ 62-4. Governing regulations.
The utility shall be governed by the ordinances, the Administrative Code and the resolutions adopted by the Township Council and by administrative directives.
§ 62-5. Financial affairs.
The financial affairs of the utility shall be governed in accordance with the statutes applying to the financial affairs of the municipality and utilities in general.
§ 62-6. Acquisition of property.
The utility may, from time to time, acquire such real property as may be authorized by the Township Council by duly adopted ordinances according to the laws of the State of New Jersey.
§ 62-7. Appointment of employees, salaries and compensation.
The Township Council shall have full authority to appoint and employ all necessary employees for the utility. Salaries of the employees will be in accordance with classification and salary ordinances duly adopted by the Township Council.EN
§ 62-8. Utility charges.
The utility shall have authority to charge and collect moneys for the use of the Orange Street Center facilities, whether they are user charges, rental fees or lease payments, and to use these moneys to defray the cost of the acquisition of lands, buildings and facilities, rights and interests therein, to equip the facilities, to pay the utility's current expenses and to pay the interest and principal on notes and bonds.
PART II
GENERAL LEGISLATION
Chapter 67, ALARM SYSTEMS
[HISTORY: Adopted by the Council of the Township of Bloomfield 8-14-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department -- See Ch. 22.
Police Department -- See Ch. 50.
Fire prevention and protection -- See Ch. 125.
Noise -- See Ch. 183.
Noise control -- See Ch. 326, Art II.
§ 67-1. Purpose.
The purpose of this chapter is to alleviate conditions which lead to an unnecessary drain on the manpower, time, space, facilities and finances of the Township of Bloomfield and its Police and Fire Departments and the deterioration of the quality of services to persons subscribing to alarm services.
§ 67-2. Scope.
The provisions of this chapter shall apply to any business or commercial establishment, other than the Township of Bloomfield, which operates, maintains or owns any alarm device designed to summon the Police or Fire Department to any location in response to any type of alarm signal. The terms of this chapter shall also apply to alarm companies providing services to other companies within or without the Township of Bloomfield if the purpose of the furnishing of such services is to summon the Police or Fire Department to any location in response to any type of alarm signal.
§ 67-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ALARM DEVICE -- Any type of alarm-actuating equipment which provides warnings of fire, burglary, intrusion, flood or like peril.
ALARM PANEL -- That component installed in the console in police or fire station headquarters containing alarm indications and designation.
ALARM SYSTEM -- The installation in one (1) or more buildings of one (1) or more alarm devices for the express purpose of giving visual or audible warning, or both, of an emergency such as fire, burglary, intrusion, flood or like peril.
FALSE ALARM -- The activation of an alarm system by causes other than those to which the alarm system was designed or intended to respond. "False alarms" will not include activations caused by power or phone line interruptions, where such interruptions have been reported to the police.
§ 67-4. Operation and maintenance.
A. Responsibilities of owners and users. All components of alarm systems, alarm devices, dial alarms and local alarms shall be maintained by the owners or users thereof in good repair. When evidence exists that there has been a failure by such owners or users to properly maintain the alarm devices, the Police Chief is authorized to demand that such devices be disconnected until such time as appropriate repairs and/or modifications are made.
B. When evidences exists that an alarm company, and not the user, is responsible for the maintenance of an alarm system, alarm device, dial alarm or local alarm and said alarm company has failed to properly maintain such system, device or alarm after reasonable requests by the user, such alarm company shall be subject to the provisions of § 67-5B(1), (2) and (4).
C. When evidence exists that an independent contractor, subcontractor or employee of the user is responsible for false alarms by reason of negligent disregard of warning indicating an alarmed area, such independent contractor, subcontractor or employee shall be subject to the provisions of § 67-5B(1), (2) and (4).
D. All local alarms shall be equipped with a time relay or battery to limit the sounding of alarms to a maximum of fifteen (15) minutes.
E. All dial alarms shall be coded to dial a number, which shall be provided by the Chief of Police.
F. All dial alarms shall be capable of being disconnected by the owner to permit a call to the police switchboard in the event that a false alarm occurs.
G. The contents of any recorded message from a dial alarm must be intelligible and in a format approved by the Chief of Police. No such message shall be transmitted more than three (3) times as a result of a single stimulus of the mechanism. Messages shall not exceed fifteen (15) seconds, and the time gap between delivery shall be approximately ten (10) seconds.
H. The sensory mechanism of dial alarms shall be adjusted so as to suppress false indications and not be actuated by impulses due to pressure changes in water pipes, short flashes of light, wind, noise, rattling or vibration of doors or windows or other forces unrelated to general alarms.
I. A dial alarm must provide an automatic line seizure feature in the event that this line is busy with an incoming or outgoing call.
§ 67-5. False alarms; penalties.
A. Investigations. In the case of false alarms which summon the Police Department to investigate or Fire Department to respond, the Police Chief shall cause an investigation to be made and shall keep a record of such false alarms on file.
B. Penalties for false alarms. In any six-month period, the following penalties shall apply:
(1) For the first alarm, a warning shall be issued.
(2) For the second and subsequent false alarm, a fine of not less than fifty dollars ($50.) and not more than one hundred dollars ($100.) shall be imposed.
(3) In the event of a third or subsequent false alarm, an investigation shall be conducted by the Police Department. Where the investigation of the Police Department discloses continued abusive or negligent operation or maintenance of an alarm device and a disregard for the taking of remedial steps to avoid false alarms, the Police Chief may require disconnection of the device for a limited or permanent period; provided, however, that the owner or the user of the device shall be given adequate notice of the intended disconnection and shall have an opportunity within fourteen (14) days of said notice to show cause before the Police Chief of the Township of Bloomfield why such action should not be taken. The determination of the Police of Chief in such matters shall be based upon the effect on the general public health, safety and welfare of the continued use of the alarm device in question.
(4) In the event that an alarm company, independent contractor, subcontractor or employer of the user is responsible for the third or subsequent false alarms, a fine not to exceed one hundred dollars ($100.) may be imposed for every such false alarm.
(5) In the event that any person subject to the provisions of this chapter is directed by the Chief of Police to disconnect an alarm system or correct defects in an alarm system and fails to comply with such directive within seven (7) days of the same, such person shall be subject to a fine not to exceed one hundred dollars ($100.) for each false alarm received after the expiration of the seven-day period and until such time as the system is disconnected or the defects are corrected.
C. Penalties for intentional false alarms. Any individual intentionally, willfully or maliciously destroying or injuring any of the posts, alarm boxes or other alarm apparatus owned by the Township of Bloomfield or intentionally, willfully or maliciously interfering with the operation of the same or any part thereof or who hinders or impedes any of the operations intended to be accomplished thereby shall, upon conviction thereof, be imprisoned for a term not exceeding ninety (90) days or shall forfeit and pay a fine not exceeding five hundred dollars ($500.), or both. In default of any fine imposed hereunder, any person convicted of a violation of this subsection may, in the discretion of the Municipal Judge, be imprisoned for a term not exceeding ninety (90) days.
Chapter 70, ALCOHOLIC BEVERAGES EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 3 of the 1962 Code; Art. II, 8-13-1973 as Sec. 19-46 of the 1962 Code; Art. III, 2-4-1974 as Sec. 19-47 of the 1962 Code; Art. IV, 6-21-1993. Sections 70-7, 70-8, 70-12, 70-19 and 70-21 amended and § 70-15 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Parks -- See Ch. 190.
Park rules and regulations -- See Ch. A361.
ARTICLE I, General Provisions [Adopted 11-19-1962 as Ch. 3 of the 1962 Code]
§ 70-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE -- Any fluid or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than one-half of one per centum (1/2 of 1%) by volume, including beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same and fruit juices.
MINOR -- A person under the age of twenty-one (21) years. [Added 4-16-1984]
PRIVATE PREMISES -- Any noncommercial premises used for either residential or recreational purposes. [Added 4-16-1984]
§ 70-2. License fees.
The fees for licenses issued under the provision of this Article and under the state acts shall be as follows:
A. For each plenary retail consumption license: the sum of one thousand four hundred forty dollars ($1,440.) per annum. [Amended 10-15-1984; 6-6-1994]
B. For each plenary retail distribution license: the sum of one thousand eighty dollars ($1,080.) per annum. [Amended 10-15-1984; 6-6-1994]
C. For each limited retail distribution license: the sum of fifty dollars ($50.) per annum. [Amended 11-15-1976; 12-20-1976]
§ 70-3. Limitation on number of licenses issued.
Limitations are hereby fixed for the issuance of the following classes of licenses:
A. Plenary retail consumption licenses shall not exceed thirty-two (32).
B. No seasonal retail consumption licenses shall be issued.
C. Plenary retail distribution licenses shall not exceed thirteen (13).
D. Limited retail distribution licenses shall not exceed twenty-five (25).
E. No club licenses shall be issued.EN
§ 70-4. Hours of sale.
A. Consumption on licensed premises. [Amended 6-5-1989; 4-15-1996]
(1) No licensee under this Article or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on licensed premises on weekdays between the hours of 2:00 a.m and 7:00 a.m. or on Sunday between the hours of 2:00 a.m. and 11:00 a.m., except New Year's Day as provided in this section.
(2) No licensee under this Article or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage on licensed premises on New Year's Day, when New Year's Day falls on a Sunday, between the hours of 5:00 a.m. and 11:00 a.m., sales being permissible at any time on New Year's Day when it falls on a weekday.
(3) All bars and barrooms shall be closed during the hours when sales of alcoholic beverages are prohibited.
(4) All bars and barrooms shall be closed during the hours when sales of alcoholic beverages are prohibited.
B. Sale in original containers. No licensee shall sell or deliver or allow, permit or suffer the sale or delivery of any distilled spirits and liqueurs at retail in their original containers or allow, permit or suffer the removal of any distilled spirits and liqueurs in their original or opened containers from a retail licensed premises on Sunday before 12:00 noon or after 5:00 p.m. or before 9:00 a.m. or after 9:00 p.m. on any other day of the week. If Christmas Day or New Year's Day falls on a Monday, the sale of any alcoholic beverage for off-premises consumption from a retail licensed premises shall be permitted on the preceding Sunday from 9:00 a.m. to 9:00 p.m. [Amended 1-4-1982; 6-5-1989]
§ 70-5. Compliance with statute.
No person shall possess, sell, distribute or transport within the township any alcoholic beverage in violation of the provisions of the Alcoholic Beverage Law of the state.EN
§ 70-6.EN Sale of sealed containers.
No person or holder of a plenary retail consumption license or plenary retail distribution license shall sell alcoholic beverages in a sealed package or container unless such package or container contains not less than one (1) pint of alcoholic beverage.
§ 70-7. Sale to minors.EN
A. No licensee under this Article or other person shall sell, serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, to any person under the age of twenty-one (21) years or allow, permit or suffer the consumption of any alcoholic beverage by any such person upon the licensed premises.
B. It shall be unlawful for any person under the age of twenty-one (21) years to misrepresent his age for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any alcoholic beverage to him.
§ 70-8. Possession and consumption by minors.EN
It shall be unlawful for any person to furnish or serve, in any private premises in the Township of Bloomfield, any alcoholic beverage to a minor. This restriction does not apply to the furnishing or service of alcoholic beverages to a minor by an adult who is related to the minor by blood, marriage or adoption, provided that the relation is as close or closer than first cousins.
§ 70-9. Sale to certain persons.
No licensee under this Article or other person shall sell, serve or deliver, nor shall any person or licensee suffer or permit the sale, service or delivery of, any alcoholic beverage, directly or indirectly, to any mental defective or habitual drunkard or to any person known in the neighborhood to be of intemperate habits or to any person visibly under the influence of alcoholic liquor.
§ 70-10. Disturbances and nuisances at licensed premises.
No licensee under this Article shall allow, permit or suffer, in or upon the licensed premises, any disturbance, brawl or unnecessary noise nor allow, permit or suffer the licensed place of business to be conducted in such manner as to become a nuisance.
§ 70-11. Obstructing interior view of licensed premises.
All places in which alcoholic beverages are sold shall be so constructed and maintained that a clear and open view shall be had from the street on which the place fronts, and such place shall be free and clear of any screen, nontransparent glass, shade, blind, shutter, partition, fixture, curtain, merchandise or other obstruction placed within or without the building where the room is located, which may, in any manner, obstruct or interfere with such view of the interior; provided, however, that, where the room is not on the ground floor or does not abut any street, it shall be so constructed and maintained that a clear and open view of the interior thereof may be had at all times from the hallway, corridor or entrance leading to such place or room.
§ 70-12. Purchase for minors. [Amended 8-13-1973EN]
No person shall purchase any alcoholic beverage in the Township of Bloomfield for or on behalf of a person under the age of twenty-one (21) years, except a parent or legal guardian of such minor child.
§ 70-13. Sale in retail mercantile Stores. [Added 5-7-1979]
No plenary retail distribution license shall be issued to permit and no such license shall permit the sale of alcoholic beverages, except beer, in or upon any premises in which any other mercantile business is carried on, except that such restriction shall not be deemed to prohibit the retail sale of nonalcoholic beverages and other products normally used as accessories to alcoholic beverages and does not apply to existing licenses, as of the effective date hereof.
§ 70-14. Distance between licensed premises. [Added 12-20-1982]
A. No plenary retail distribution license or plenary retail consumption license shall be transferred to different premises within five hundred (500) feet of other plenary licensed establishments as aforesaid, provided that nothing herein shall prevent renewals or transfers to another licensee of licenses heretofore issued for use on the same premises on which the license is presently in operation. Where the five-hundred-foot distance is referred to in this section, the same shall be measured in the same manner as required by the statute for measuring to schools and churches. Notwithstanding the foregoing provisions, the governing body may, after hearing and upon review of the location and availability of other licensed establishments to persons living and utilizing the facilities located in and around the proposed location and review of general neighborhood characteristics and boundaries, determine that approval of the transfer shall be permitted upon a finding that the following conditions exist:
(1) There is a hardship confronting the licensee by reason of acquisition by a public agency of the premises utilized by the licensee.
(2) There is no undue concentration of establishments of the type to be relocated in the immediate area.
(3) The proposed location is appropriate for the type of operation anticipated.
B. This restriction shall not apply to licenses which are being utilized as supportive of a restaurant with full dining amenities with seating for a minimum of seventy-five (75) patrons at tables with waiters.
§ 70-15. Violations and penalties.EN
Any person violating any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.
ARTICLE II, Public Places [Adopted 8-13-73 as Sec. 1946 of the 1962 Code]
§ 70-16. Consumption in public.
It shall be unlawful for any person to drink, imbibe or consume any alcoholic beverage upon any portion of lawn or other public grounds within the township, including but not limited to public places, playgrounds, municipal grounds surrounding municipal buildings, grounds under the control of the Board of Education, grounds under the control of the Board of Recreation Commissioners and streets and sidewalks within the township and upon any grounds, parks and recreation areas within the township.
§ 70-17. Public intoxication.
It shall be unlawful for any person to be drunk or in a state of intoxication or under the influence of narcotics in or upon any street, highway, thoroughfare or other public place within the township or in any private dwelling or any other place to the annoyance of any person within the township.
§ 70-18. Special permits.
At certain specific designated recreational areas, the Board of Recreation Commissioners and the Board of Education may issue a special permit for the consumption of alcoholic beverages for consumption at a picnic or other activity sponsored by a nonprofit corporation or organization.
§ 70-19. Violations and penalties. [Amended 11-2-1987]
Any person who shall violate any of the provisions of this Article shall be subject, upon conviction thereof, to a fine not exceeding one thousand dollars ($1,000.) or to imprisonment for a term not exceeding ninety (90) days, or to both such fine and imprisonment.
ARTICLE III, Restricted Consumption [Adopted 2-4-1974 as Sec. 19-47 of the 1962 Code]
§ 70-20. Consumption after closing hours.
A. It shall be unlawful for any person to drink, imbibe or consume any alcoholic beverage as defined in the Alcoholic Beverage Law (N.J.S.A. 33:1-1 et seq.) in restaurants, diners, tearooms, private clubs, social clubs, fraternal clubs and places of business during the hours when the consumption of alcoholic beverages is prohibited on premises licensed under a plenary retail consumption license allowing and permitting the consumption of alcoholic beverages on the premises.
B. It shall be unlawful for the owner, operator or person in charge, and their servants, agents and employees, of any restaurant, diner, tearoom, private club, social club, fraternal club or place of business to allow or permit any person to drink, imbibe or consume any alcoholic beverage as defined in the Alcoholic Beverage Law (N.J.S.A. 33:1-1 et seq.) in restaurants, diners, tearooms, private clubs, social clubs, fraternal clubs and places of business during the hours when the consumption of alcoholic beverages is prohibited on premises licensed under a plenary retail consumption license allowing and permitting the consumption of alcoholic beverages on the premises.
§ 70-21. Violations and penalties. [Amended 11-2-1987]
Any person who shall violate any of the provisions of this Article shall be subject, upon conviction thereof, to a fine not exceeding one thousand dollars ($1,000.) or to imprisonment for a term not exceeding ninety (90) days, or to both such fine and imprisonment.
ARTICLE IV, Consumption on Unlicensed Premises [Adopted 6-21-1993]
§ 70-22. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
PERSON -- Including any natural persons and, where relevant, any corporation or an unincorporated association.
PRIVATE PLACE -- Any place not open to the public or which requires membership for access.
PUBLIC PLACE -- Any place to which the public or any group thereof has access.
§ 70-23. Wine and malt alcoholic beverages prohibited.
No persons owning or operating any live entertainment establishment or other such place, public or private, whether or not food or liquid refreshments are sold or served and for which premises a license or permit authorizing the sale of alcoholic beverages for on-premises consumption has not been issued, shall permit or allow the consumption of wine or malt alcoholic beverages in any portion of the premises.
§ 70-24. Violations and penalties.
Any person violating any provision of this Article is a disorderly person, and the court, upon conviction of a disorderly person offense, may sentence said disorderly person to imprisonment for a definite term not to exceed thirty (30) days and impose a fine of not more than five hundred dollars ($500.), or both.
Chapter 74, AMUSEMENTS AND AMUSEMENT DEVICES EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Part 1, 11-19-1962 as Ch. 4 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Part 2, 1-21-1985 as Sec. 19-4 of the 1962 Code. Sections 74-17, 74-18A, 74-20 and 74-44 amended and § 74-27 added at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
GENERAL REFERENCES
Business hours -- See Ch. 89.
Licensed occupations -- See Ch. 173.
Zoning -- See Ch. 271
Part 1, General Amusements [Adopted 11-19-1962 as Ch. 4 of the 1962 Code]
ARTICLE I, Dance Halls
§ 74-1. License required.
It shall be unlawfull to pursue the business or occupation of keeping any public dance hall or place in the township in which public dancing is permitted as a business or in connection with any other business until a proprietor thereof shall have first obtained from the Township Council a license to carry on and conduct the same.
§ 74-2. Issuance of license.
No dance hall license shall be issued unless the place to be licensed complies with and conforms to all laws, ordinances and health and fire regulations applicable thereto and is properly ventilated and has sufficient exits, lights and toilet facilities for each sex and is a safe and proper place for the purpose for which it is to be used.
§ 74-3. Fees: expiration of license.
A. The annual dance hall license fee shall be fifty dollars ($50.). The license shall be signed by the Township Clerk. [Amended 11-15-1976; 10-1-1991]
B. Such license shall expire on December 31 next after its issuance.EN
ARTICLE II, Poolrooms, Bowling Alleys and Music Machines
§ 74-4. License required.
No pool- or billiard room, bowling alley or music machine in which coins are inserted shall be operated, maintained or used by any person in any public or quasi-public place or in any store or place wherein the public is invited or may enter in the township business a license is obtained therefor from the Township Clerk after approval by the Township Council.
§ 74-5. Expiration of license.
A. License fees.
(1) License fees shall be as follows:
(a) For poolrooms where fees are charged for play: sixty dollars ($60.).
(b) Bowling alleys.
[1] For places where fees are charged for play: twenty dollars ($20.) per alley. [Amended 11-15-1976]
[2] For bowling alleys situated in or used as part of the social or recreational program of churches: no charge.
(c) For music machines: forty dollars ($40.). [Amended 11-15-1976; 10-1-1991]
(2) The fees for all licenses issued under this Article shall be paid to the Township Clerk at the time when the application for any such license is filed and shall be for the purpose of revenue. If the application is refused, the fee is to be returned to the applicant.
B. Each license shall expire on December 31 next after its issuance.
§ 74-6. Contents of license.
All licenses issued under the provisions of this Article shall show the name and post office address of the person licensed, the name of the owner and operator, the license serial number, the address of the premises wherein such music machine, table or alley is installed and the fee paid for the license and shall briefly state that the machine, table or alley to which the names are affixed is licensed for operation by the township.
§ 74-7. Issuance of license.
The license for the placing, operation, maintenance or use of pool and billiard tables, bowling alleys and music devices shall be issued in the name of the owner thereof and to the address of the premises where such devices are to be installed.
§ 74-8. Transferability of license.
Nothing contained in this Article shall prohibit the holder of the license from using the same, within the year for which it is issued, upon substituted devices, provided that the cost or charge for the operation of the substituted device is the same type or kind as that for which the license was originally issued. Upon application to the Township Clerk, he shall transfer a license from one premises to another.
§ 74-9. Revocation of license; hearing.
Whenever the Township Council shall determine that there is reasonable cause to revoke any license issued under the provisions of this Article, it shall cause a notice to be served, in writing, upon the licensee or other person in charge of the licensed place, citing him to appear before the Council at such time and place as it may designate, to show cause why such license should not be revoked. The licensee or the person in charge of the licensed place shall be afforded a hearing before the Council prior to the final revocation of the license.
§ 74-10. Restrictions upon issuance.
No operator's license shall be issued to any person not of good moral character or who has been convicted of any crime or of violating any provision of this Article or any law or ordinance relating to gaming or gambling. No operator's license shall be issued to any corporation whose officers would not each qualify for an operator's license under this Article.
§ 74-11. Display of license; compliance required.
Before any of the aforementioned amusement or entertainment machines or devices shall be placed, operated, maintained or used in any place, there shall be posted in a conspicuous place the license issued by the Township Clerk for the operation thereof so that the same shall be easily and quickly identified, and no bowling alley, pool or billiard table or music machine shall be placed, operated, maintained or used until this Article is complied with.
§ 74-12. Hours of operation.
Every billiard room, poolroom, bowling alley or such other place as may exist wherein other games of skill may be carried on or conducted shall be closed at 1:00 a.m. and shall remain closed until 7:00 a.m. the following morning.
ARTICLE III, Theaters
§ 74-13. Permit required for motion-picture theaters.
No person shall engage in the business of exhibiting in the township for any price, gain or reward any moving picture or photographic representation of any kind whatever without having first obtained a license for that purpose from the Township Council; provided, however, that this section shall not apply to any performance given by or under the auspices of any public or private school, any church or Sunday school or any charitable or social organization or society of the township.
§ 74-14. Revocation of permit; restoration.
A. Every license or permit granted pursuant to this Article may be suspended or revoked by the Township Council on satisfactory cause appearing for so doing. During such suspension or after such license or permit shall be revoked, such license or permit shall be inoperative and of no effect.
B. The Council may, for apparent good cause, restore the license or permit to any person whose license or permit may have been revoked.
§ 74-15. Permit fees; expiration of permit. [Amended 2-7-1966]
A. The annual license fee to exhibit motion pictures or photographic representations shall be five hundred dollars ($500.). (Amended 11-15-1976; 10-1-1991]
B. Each license shall expire and be void on and after December 31 following its issuance.
C. Where an application for a license is made after July 1 in any year, the license fee shall be one-half (1/2) of the annual fee.
§ 74-16. Compliance required.
No license shall be granted to any person to exhibit or display moving pictures, as herein defined, in any building which shall not be constructed in accordance with the provisions of the Building Code of the townshipEN and Chapter 125, Fire Prevention and Protection. Such buildings shall, in all other respects, comply with this Code and all other ordinances and regulations of the township.
§ 74-17. License required for live or theatrical productions; exception.EN
A. No person shall engage in the business of exhibiting for any price, gain or reward any theatrical, operatic or live entertainment or concerts in the township unless such person shall first obtain a license therefor from the Township Council.
B. The provisions of this section and §§ 74-18 to 74-20 shall not apply to any theatrical, operatic or live entertainment given by or under the auspices of any public or private school, any church or Sunday school or any charitable, social or eleemosynary institution, organization or society.
§ 74-18. Application for license.
A. Any person desiring a license as provided in the preceding section shall first file an application therefor, in writing, with the Township Council, specifying the name of such person desiring the license, the location of the building wherein the theatrical performance or live entertainment is to be given or exhibited, the number of performances to be given and the period of time for which the license is sought.EN
B. The applicant for such license shall also tender and deposit with his application the full license fee as provided for by § 74-20.
§ 74-19. Issuance of license; compliance required.
A. The Township Council shall issue a license as required by § 74-17 if the building or place for which a license is sought complies with the law and ordinances and is a suitable and fit place for the congregation of people and for public assemblage. Such building or place shall be certified by the Building Inspector, the Fire Chief and the Superintendent of Electrical Services, whose certification shall be endorsed on the application before the same shall be considered for approval by the Township Council.
B. Where a license is sought under the provisions of §§ 74-17 to 74-20, existing buildings to be used or buildings newly constructed for such purposes shall comply in all respects with the provisions of the Building CodeEN and Chapter 125, Fire Prevention and Protection, of this Code.
§ 74-20. License fees.EN
A. The license fee for each theater or building exhibiting any theatrical or operatic performance or live entertainment, where the license is sought for a period of less than one (1) year, shall be as follows:
(1) For theaters with seating capacity for not more than five hundred (500) persons: five dollars ($5.) per day.
(2) For theaters with seating capacity for more than five hundred (500) persons but not exceeding one thousand (1,000) persons: ten dollars ($10.) per day.
(3) For theaters with seating capacity for more than one thousand (1,000) persons: fifteen dollars ($15.) per day.
B. The license fee for each theater or building exhibiting any theatrical or operatic performance or live entertainment, where the license is sought on an annual basis, shall be as follows:
(1) For theaters with seating capacity for not more than five hundred (500) persons: three hundred dollars ($300.).
(2) For theaters with seating capacity for more than five hundred (500) persons but not exceeding one thousand (1,000) persons: four hundred fifty dollars ($450.).
(3) For theaters with seating capacity for more than one thousand (1,000) persons: seven hundred fifty dollars ($750.).
§ 74-21. Aisles.
A. In all places within the township wherein theatrical exhibitions or exhibitions of moving pictures are given and shown and an admission fee charged therefor, the aisles and passageways in such place shall be kept free and clear of all obstructions, and no person shall stand or remain in such aisles or passageways while such place is open to the public. It shall be the duty of the proprietor or lessee of every such place to keep the aisles and passageways therein free and clear from all obstructions and to prevent persons from standing and remaining therein while and so long as such place is open to the public.
B. It shall be the duty of the police force to aid in the enforcement of the provisions of the preceding subsection, and the officers of the police force shall have the power, at any time while any such place is open to the public, to prevent persons from standing or remaining in the aisles or passageways of such place and to remove persons therefrom and to require all obstructions to be removed therefrom.
§ 74-22. Exits.
Every exit from all theaters shall have, over or alongside the same, on the inside, the word "Exit" in legible letters not less than eight (8) inches high. Over each exit shall be placed a red light which shall be kept burning while such place is open to the public. No fixed red light shall be permitted within such place except to indicate an exit to be used in case of fire or other calamity.
§ 74-23. Offensive motion pictures or performances.
No person shall present or cause to be presented any motion picture or engage in any performance, entertainment or exhibition which shall offend against morality, decency or the public welfare. The Chief of Police shall have power to prevent any performance, entertainment or exhibition which, in his judgment, shall offend as aforesaid.
§ 74-24. Additional regulations applicable to motion-picture theaters. [Added 11-16-1970]
The provisions of this section shall apply to any license or permit issued pursuant to § 74-15 to exhibit motion pictures, and such license or permit shall be subject to the terms and conditions hereinafter set forth in this section, and every applicant for such license or permit, in accepting the license or permit, agrees to abide by and comply with the following terms and conditions:
A. The licensee shall be responsible for any disorder.
B. Any member of the Police Department, Fire Department, Department of Inspections and Department of Health and Welfare, Division of Health, may enter the licensed premises at any time to inspect the same and enforce any applicable law or ordinance.
C. Any motion picture to be exhibited shall comply with the ratings or schedules adopted by the motion-picture industry as to the type of picture, recommended viewing public and setting forth of age groups for viewing such motion pictures.
D. Where the age of the person applying for admission is not visibly apparent as being above any restricted age, such person shall supply proof of age and certify, in writing, as to his age, which certification shall be dated and retained by the licensee for a period of thirty (30) days and, during that time, shall be subject to inspection by the Police Department of the township.
E. No motion pictures shall be exhibited unless it is clearly indicated in the advertisement thereof the type of picture to be shown as established by the ratings or schedules of the motion picture industry for the age group for which it is recommended.
F. No motion picture shall be exhibited without posting prominently in front of the theater the classification of the type of film to be exhibited as established by the ratings and schedules of the motion-picture industry for the age group for which it is recommended.
G. No preview of any film shall be shown, or any scene from such a film, which is restricted to mature audiences on the same program with a film recommended to a family audience as classified by the ratings and schedules of the motion-picture industry.
H. It shall be unlawful for any person:
(1) To give his age falsely as eighteen (18) years of age or over for the purpose of gaining admittance to an exhibition of a film restricted to a young person of such age, as classified by the ratings and schedules of the motion-picture industry.
(2) To enter or remain in the viewing room of any theater where a film is being exhibited which is restricted to a young person of such age.
(3) To sell, procure for or give any person a ticket to an exhibition of a film restricted to such person.
(4) To make any false statements for the purpose of enabling any young person to gain admittance to exhibition of a film when such film is restricted to a young person of such age.
I. Nothing in this section shall be construed to regulate public exhibitions preempted by the state law.
ARTICLE IV, Carnivals and Circuses
§ 74-25. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
CARNIVAL or CIRCUS (in addition to their ordinary meaning) -- Includes any aggregation, assembly, exhibition or display of shows, Ferris wheels, merry-go-rounds, whips, shooting galleries or similar amusements, games or contests of chance or skill or places for the sale of food, drink or refreshments or some or any of the foregoing, conducting or operating in any lot or field.
§ 74-26. Prohibition.
It shall be unlawful to hold, exhibit, conduct or produce any carnival or circus, as defined in the preceding section, in the township, and no owner, occupant or person having possession or control of any lot or field in the township shall suffer or permit any such carnival or circus to be held, exhibited, conducted or produced upon such lot or field.
ARTICLE V, Offenses
§ 74-27. Violations and penalties.EN
Any person who violates any provision of this Part 1 shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
Part 2, Coin-Operated Amusement Devices [Adopted 1-21-1985 as Sec. 19-4 of the 1962 Code]
ARTICLE VI, Licensing of Devices
§ 74-28. Definitions.
As used in this Part 2, the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE -- Any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall also include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment.
OPERATOR -- Any person in whose premises any automatic amusement device is placed or kept for operation.
PERSON -- Any person, firm, corporation, partnership or association.
§ 74-29. Purpose and objective.
A. The purpose of this Part 2 is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
B. The purpose and objective of this Part 2 is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
§ 74-30. License required; exceptions.
A. No person shall maintain, operate or possess in any store, building or other place where individuals may enter, or in any building or other place wherein any club or organization meetings are held within the Township of Bloomfield, any automatic amusement device without first obtaining a license therefor.
B. Exceptions. The license requirements of this Part 2 shall not apply to private residences, colleges and institutions of higher learning, churches, synagogues and other places of worship.
§ 74-31. Application for license.
A. All applications for a license under this Part 2 shall be made and delivered to the Township Clerk on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. The application for the license shall contain the following:
(1) The name and address of the applicant.
(2) The name under which the place is being operated and the location of same.
(3) The number and type of alcoholic beverage licenses, where applicable.
(4) The number and type of machines sought to be licensed.
(5) The location where each automatic amusement game is to be located.
(6) A description of each automatic amusement game sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number.
(7) Information indicating whether the applicant or transferee or any person connected by way of employment with the operation of the establishment wherein the game or device is to be installed has ever been convicted of or pleaded guilty to:
(a) A crime relating to narcotics or a controlled dangerous substance as defined in the statutes of the State of New Jersey.
(b) A crime pertaining to gambling or gaming in violation of the statutes of the State of New Jersey.
(c) A crime involving moral turpitude.
C. The Mayor and Council may request of an applicant additional information supplementing the information given in the application.
§ 74-32. Placement of devices; limitations on operation.
A. Placement.
(1) Each device shall be located at least ten (10) feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
(2) Each device shall have an unobstructed perimeter zone or distance of two and one-half (2 1/2) feet around the sides of said device wherein the users of said device may use, watch or wait to use said device.
B. An automatic amusement device may only be used or operated during the hours of operation of the premises in which it is located, provided that the operator or an employee of the operator is present in the premises.
§ 74-33. License fees.
A. The fee for all applications for licenses pursuant to this Part 2 shall be one hundred dollars ($100.) in addition to all licensing or transfer fees.
B. The fee for a license to operate an automatic amusement device shall be three hundred fifty dollars ($350.) for each device up to four (4) devices and fifty dollars ($50.) for each device in excess thereof. [Amended 6-6-1994]
C. Any fees charged pursuant to Subsection B above shall be prorated based on the number of months remaining in the year of licensing but no less than one-fourth (1/4) of the amount as set forth in Subsection B of this section.
§ 74-34. Term of license; transferability; renewal.
A. All licenses issued under this Part 2 shall be for a term of one (1) year, commencing on January 1 and expiring on December 31 of the year of issuance.
B. A license may be transferred from one machine to another by giving notice to the Township Clerk to that affect and giving a description of the new machine, including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Township Clerk to that effect and supplying the required information as to the new premises. There shall be a fee for all transfers from one place to another in the amount of one hundred dollars ($100.) per place or transfer.
C. A license shall be renewed by submission to the Township Clerk no later than November 1 of an application therefor, pursuant to §§ 74-31 and 74-33 of this Part 2.
§ 74-35. Prohibited activities.
No person shall, in his place of business:
A. Permit gambling in connection with the playing of any mechanical amusement game.
B. Permit the playing of a device by minors under fourteen (14) years of age not in the company of an adult.
C. Permit any automatic amusement devices known as "Joke Poker," or any similar automatic amusement devices displaying playing cards; keno or any similar automatic amusement devices displaying a number board where numbers are designated by random; horse racing; roulette; dice; Lucky Lines, Cherry Master or any similar automatic amusement devices styled after a slot machine with a rolling display or circular wheel on which are depicted symbols; lotto; or lottery-type machines. [Added 8-4-1992]
D. Permit any automatic device the operation of which is based in any part on random chance or the random assignment of numbers and the generation of which does not require more than minimal skill or hand-eye coordination and with buttons or controls labeled "double up" or "bet," or buttons or controls performing said function regardless of label. [Added 8-4-1992]
E. Permit any automatic devices the operation of which is based in any part on random chance or the random assignment of numbers and the generation of which does not require more than minimal skill or hand-eye coordination and which can be controlled or operated from a remote location by other than the individual player. [Added 8-4-1992]
F. Permit any automatic device the operation of which is based in any part on random chance or the random assignment of numbers and the generation of which does not require more than minimal skill or hand-eye coordination and which is readily capable of being converted by the internal technology of the automatic device to machines such as set forth in Subsection C above. For the purpose of this prohibition, automatic devices commonly known as "pinball machines," regardless of the nature of any visual display thereon, shall be deemed to require more than minimal skill or hand-eye coordination and thus are not subject to this prohibition against licensing. [Added 8-4-1992]
§ 74-36. Investigations and reports.
A. Investigations.
(1) The Chief of Police or his designee shall make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application.
(2) The Fire Chief or his designee shall inspect the premises to determine whether said premises complies with existing fire regulations and the Fire Code of the township.EN
(3) The Board of Health and the Building Department shall make inspections of the premises to determine whether said premises complies with building and health regulations promulgated by the township.
B. The Chief of Police, the Fire Chief, the Health Inspector and the Building Inspector, upon completion of their investigations and inspections, respectively, shall attach to the application their reports, in writing. The report of the Chief of Police shall advise the Mayor and Council as to the veracity of the facts as set forth in the application. The reports of the Fire Chief, Health Inspector and Building Inspector shall advise the Mayor and Council as to the compliance or noncompliance of the premises to the pertinent regulations and codes.
§ 74-37. Action on application for license.
A. Upon receipt of said application and reports as set forth in the above section, the Mayor and Council shall proceed to consider the application and shall either approve or disapprove the issuance of a license to said applicant.
B. The action by the Mayor and Council in approving or disapproving said application shall be taken within forty-five (45) days from the date of said application to the Township Clerk. Failure to take such action within forty-five (45) days by the Mayor and Council shall constitute an approval of said application.
C. If the application is approved, the Mayor and Council shall authorize the Township Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
D. If the application is disapproved, the applicant shall be notified, in writing, of the disapproval and the reasons therefor.
E. The applicant, upon being advised of a denial of his application, may, in writing, request a hearing and be afforded an opportunity to dispute or disprove the reasons for said denial of said hearing. The applicant may be represented by an attorney at said hearing.
F. The Mayor and Township Council shall either affirm or reverse the decision in denying the application within fifteen (15) days after the date of said hearing unless there is an extension of time agreed to by both the applicant and the Mayor and Council.
§ 74-38. Revocation of license.
A. Provided that proper notice is given to the licensee, setting forth the reasons for the proposed revocation or failure to renew, and provided that the licensee is afforded a hearing to dispute or disprove the violation as set forth in the notice of proposed revocation, at any time after the granting of a license under this Part 2, or after the submission of the application of renewal of a license pursuant to § 74-34 of this Part 2, the Mayor and Council, in the exercise of its reasonable discretion, may revoke or act not to renew said license if the Mayor and Council determines a violation as follows:
(1) Gambling on the premises.
(2) False or incorrect material on the application or information furnished by the applicant.
(3) The failure to maintain good and safe conduct on the premises.
(4) Violation of the laws of the State of New Jersey, as set forth in § 74-31B(7) hereinabove.
(5) The presence of the machines results in gambling, obscene and loud language disturbing to the public or to other patrons of the premises, the creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.
(6) Patrons under fourteen (14) years of age are permitted to play when not in the company of an adult.
B. The applicant, upon being advised of the action of the Mayor and Township Council, may, in writing, request a hearing and be afforded an opportunity to dispute or disprove the reasons for said revocation at said hearing. The applicant may be represented by an attorney at said hearing.
C. The Mayor and Township Council shall either affirm or reverse its decision in denying the license within fifteen (15) days after the date of said hearing unless there is an extension of time agreed to by both the applicant and the Mayor and Council.
§ 74-39. Display of license; contents.
An operator's license granted pursuant to this Part 2 shall:
A. Be posted in a conspicuous place at the location for which said license was granted.
B. State the name and address of the licensee.
C. State the manufacturer, model number and serial number for each and every mechanical amusement game for which said license was issued.
§ 74-40. Number of devices limited.
A. The maximum number of mechanical amusement devices per establishment shall be six (6), provided that the machines shall not violate any of the provisions of the Building Code, Fire Code, Health CodeEN or other applicable codes of the Township of Bloomfield.
B. The number of machines permitted in an establishment in a B-1 Zone shall be restricted to the extent that the number of machines shall not violate any of the provisions of the Building Code, Fire Code, Health Code or other applicable codes of the Township of Bloomfield.
§ 74-41. Proximity of devices to certain uses.
A. No devices subject to this Part 2 may be operated within five hundred (500) feet of a school up to the 12th grade or a house of worship. The distance shall be measured in the same manner that distances from schools or houses of worship are measured for similar restrictions imposed and interpreted for alcoholic-beverage-licensed premises by the Alcoholic Beverage Commission.
B. No establishment licensed to permit more than four (4) machines shall be located closer than a five-hundred-foot radius to an existing establishment which has been licensed to permit four (4) or more machines.
§ 74-42. Seizure of devices. [Amended 8-4-1992]
A. If a police officer of the Police Department or any law enforcement officer with the authority to act within this jurisdiction shall have probable cause to believe that an automatic device is prohibited pursuant to § 74-35 herein, such device may be seized and removed from the premises by the Police Department or its authorized personnel or other law enforcement officer with the authority to act within this jurisdiction and impounded. The Chief of Police or his designee shall give written notice of the seizure to the distributor of said device as designated on the device or on the license application on file with the Township Clerk for the device in question. Said notice shall be mailed by certified mail, return receipt requested and regular mail to the distributor at the address designated on the machine or on file with the Township Clerk within two (2) days of seizure, excluding holidays and weekends; said notice to be complete on mailing. Said device shall not be released until proper ownership documents are presented and/or licensing fees, if such machine is eligible for licensing, are paid, together with a removal/storage charge of two hundred fifty dollars ($250.) per device seized. If possible, those removing the machine or device shall provide the person in charge of the licensed premises with a report to be filed with the Police Department, noting any obvious damage to the property. Thereafter, any person aggrieved thereby may demand a hearing before the Township Council, in writing, directed to the Township Clerk.
B. Any owner of an automatic device who wishes to appeal the seizure of a device pursuant to Subsection A or refusal to license said device pursuant to § 74-30 may appeal said decision to the Township Council. Said appeal must be filed in writing with the Township Clerk within fifteen (15) days of mailing of notice of seizure or the refusal to issue a license. The fee for said appeal shall be twenty-five dollars ($25.), and said fee must be paid in order to perfect the appeal. The Township Council will render a decision on said appeal within sixty (60) days of perfection of the appeal. The filing of an appeal shall not delay or affect the owner's ability to retrieve any seized device upon compliance with the provisions of this section. This appeal shall not affect the right of any person to appeal any action taken under this section to New Jersey Superior Court or other court of competent jurisdiction.
§ 74-43. Uniformed supervision.
All premises licensed to permit fifteen (15) or more machines are required to provide uniformed supervision to be on duty when open for business during the hours and on days as follows:
A. When Bloomfield Junior High Schools and the Senior High School are in session:
(1) Fridays from 7:00 p.m. to closing.
(2) Saturdays from 1:00 p.m. to closing.
(3) Sundays from 7:00 p.m. to closing.
B. When Bloomfield Junior High Schools and the Senior High School are not in session:
(1) Monday through Saturday from 1:00 p.m. to closing.
(2) Sundays from 7:00 p.m. to closing.
§ 74-44. Violations and penalties. [Amended 11-2-1987]
Any person who violates any provision of this Part 2 shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.
Chapter 78, ANIMALS EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Ch. 5, Art. I, of the 1962 Code; Art. II, 11-19-1962 as Ch. 5, Art. II, of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. III, 10-2-1990. Sections 78-1, 78-3, 78-4A, 78-5, 78-6, 78-7, 78-8C, 78-20, 78-21, 78-22, 78-23A, 78-30A and B, 78-31 and 78-32 amended and § 78-9 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Animals and fowl (Board of Health) -- See Ch. 282.
Animals in parks -- See Ch. A361.
ARTICLE I, General Provisions [Adopted 11-19-1962 as Ch. 5, Art. I, of the 1962 Code]
§ 78-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ANIMAL -- All animals.EN
§ 78-2. Running at large.
All persons are prohibited from permitting any animal or fowl belonging to him or in his possession to run at large in any of the public streets, parks or other open places in the township.
§ 78-3. Impoundment.EN
It shall be the duty of the Health Officer to impound any animal or fowl which may be found running at large as provided in the preceding section.
§ 78-4. Failure to redeem impounded animals; sale; notices.
A. If the owner or person harboring any impounded animal or fowl does not pay the fine so imposed upon him and the charges of keeping such animal or fowl within five (5) days after the same is impounded, it shall be the duty of the Health Officer to sell such animal or fowl, giving at least five (5) days' notice of such sale as provided herein to the owner or person harboring the same. If the owner or person harboring such animal or fowl does not redeem the same before the time so specified in the notice, then the Health Officer shall sell the animal or fowl at public auction to the highest bidder, and from the money arising from such sale shall be paid any fine and charges for keeping and feeding such animal or fowl and the cost of advertising the sale. If there is a surplus from such sale, this surplus shall be paid to the owner or person harboring such animal or fowl, provided that he shall appear and claim the same within six (6) months from the date of the sale. If such surplus is not claimed within the six-month period, then it shall be paid over to the Township Collector for deposit in the township treasury.EN
B. The notice referred to in this section may be served either by delivering it to the person on whom it is to be served or by leaving it at that person's usual, or last known place of abode or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode.
§ 78-5. Animal shelter established; appointment of Animal Control Officer.EN
The Township Council may establish by resolution a public animal shelter and may appoint one (1) or more Animal Control Officers to be in charge thereof.
§ 78-6. Supervision and control of Animal Shelter.EN
The public animal shelter shall be subject to the supervision and control of the Health Officer.
§ 78-7. Duty of Animal Control Officer.EN
It shall be the duty of the Animal Control Officer to receive, properly house and care for all animals and fowl brought to the animal shelter by any authorized person. After receiving such animal or fowl, the Animal Control Officer shall cause a short description of the animal or fowl and the time of bringing the same to the animal shelter to be entered in a suitable book.EN
§ 78-8. Sale of certain animals for pets or novelties.
A. It shall be unlawful for any person to sell or offer for sale, barter or give away rabbits, baby chicks, ducklings or other fowl as pets or novelties.
B. It shall be unlawful for any person to sell or offer for sale or for any person to permit to be sold or offered for sale, within his place of business within the limits of the township, live rabbits, baby chickens or other domestic fowl less than three (3) weeks of age in lots of less than six (6) to a single sale.
C. This section shall not be construed to prohibit the sale of rabbits, chicks or other domestic fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes. [Amended 11-2-1987]
§ 78-9. Violations and penalties. [Added 11-2-1987]
Any person who violates any provision of this Article shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.
ARTICLE II, Dogs [Adopted 11-19-1962 as Ch. 5, Art. II, of the 1962 Code]
§ 78-10. Definitions.
The words defined in this section shall have the meanings indicated in this section for the purposes of interpretation and enforcement of this Article:
DOG -- Any dog, bitch or spayed bitch.
DOG OF LICENSING AGE -- Any dog which has attained the age of seven (7) months or which possesses a set of permanent teeth.
HYBRID -- A "hybrid animal" is the result of the breeding of a domestic animal and a wolf, coyote, wildcat or other wildlife, and all subsequent generations of such hybrid, and any animal that is advertised, registered or represented by its owner to be a canine or feline hybrid. [Added 6-7-1993]
KENNEL -- Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.
OWNER (when applied to the proprietorship of a dog) -- Includes every person having a right of property in such dog and every person who has such dog in his keeping.
PET SHOP -- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein pets for sale are kept or displayed. [Amended 12-19-1994]
POUND -- An establishment for the confinement of dogs seized under the provisions of this Article or otherwise.
SHELTER -- Any establishment where dogs are received, housed and distributed without charge.
VICIOUS DOG -- Any dog which has attacked or bitten any human being or which habitually attacks other dogs or domestic animals.
§ 78-11. License required; compliance required.
A. No person shall keep or harbor any dog within the township without registering and obtaining a license therefor, to be issued by the Health Officer upon application by the owner and payment of the prescribed fee. [Amended 12-7-1981]
B. No person shall keep or harbor any dog in the township except in compliance with the provisions of this Article.
C. No person shall keep or harbor any hybrid animal in the township. [Added 6-7-1993]
§ 78-12. Contents of application; disposition of information; registration numbers.
A. The application shall state the breed, sex, age, color and markings of the dog for which the license and registration are sought and whether it is of a long- or short-haired variety; also the name, street and post office address of the owner and the person who shall keep or harbor such dog.
B. The information on the application and the registration number issued for the dog shall be preserved for a period of three (3) years by the Health Officer. In addition, the Health Officer shall forward similar information to the State Department of Health each month, on forms furnished by the Department. [Amended 12-7-1981]
C. Registration numbers shall be issued in the order of the application.
§ 78-13. Issuance and renewal of license and registration tag. [Amended 12-7-1981]
Any person who shall own, keep or harbor a dog of licensing age shall annually, in the month of January, apply for and procure from the Health Officer a license and official metal registration tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with the registration tag securely fastened thereto.
§ 78-14. License fees; expiration date of license; late charge. [Amended 8-22-1966; 12-1-1969; 9-4-1979; 12-7-1981; 4-1-1985]
A. The person applying for the license and registration tag for a dog shall pay an annual fee of $7 and any other amount required by state law to be collected and remitted to the State of New Jersey Department of Health. The annual license fee for a dog found to be dangerous or potentially dangerous and each renewal thereof shall be the amount of $700 in addition to the regular dog license fee. [Amended 11-3-1997]
B. The licenses, registration tags and renewals thereof shall expire on January 31 of the year following the year in which they were issued.
C. There shall be a late charge of ten dollars ($10.), in addition to the application fee, for renewal applications filed after April 1. [Amended 12-19-1994]
§ 78-15. Seeing Eye dogs.
Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs shall be licensed and registered as other dogs hereinbefore provided for, except that the owner or keeper of such dog will not be required to pay any fee therefor.
§ 78-16. Time limit for application.
A. The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make application for a license and registration tag for each dog within ten (10) days after such acquisition of age attainment.
B. Any person who shall bring or cause to be brought into the township any dog licensed in another state for the current year and bearing a registration tag and who shall keep the same or permit the same to be kept within the township for a period of more than ninety (90) days shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 78-18A.
C. Any person who shall bring or cause to be brought into the township any unlicensed dog and who shall keep the same or permit the same to be kept within the township for a period of more than ten (10) days shall immediately apply for a license and registration tag for each such dog unless such dog is licensed under § 78-18A.
§ 78-17. Removal of tags restricted.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it was not issued.
§ 78-18. Kennels, pet shops, shelters and pounds.
A. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the Health Officer for a license entitling him to keep or operate such establishment. [Amended 12-7-1981]
B. The application for a license required by Subsection A above shall describe the premises where the establishment is located or is proposed to be located and the purpose for which it is to be maintained and shall be accompanied by the written approval of the Health Officer of the township, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.
C. All licenses issued for a kennel, pet shop, shelter or pound shall state the purpose for which the establishment is maintained, and all such licenses shall expire on the last day of January of the following year.
D. The Township Council may, in its discretion, refuse to issue a license to any person to conduct any of the businesses described in Subsection A above in any place in the township where, in the judgment of the Township Council, the existence or conduct of such business will be detrimental or injurious to the peace and quiet of the neighborhood.
E. Any person holding such license shall not be required to secure individual licenses for dogs owned by such licensee and kept at such establishment.
F. Such license shall not be transferable to another owner or different premises.
G. The annual license fee for a kennel providing accommodations for ten (10) or fewer dogs shall be ten dollars ($10.), and for more than ten (10) dogs, the fee shall be twenty-five dollars ($25.). The annual license fee for a pet shop shall be twenty-five dollars ($25.). No fee shall be charged for a shelter or pound. [Amended 11-15-1976; 12-19-1994]
§ 78-19. Control of dogs.
No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control.
§ 78-20. Annual canvass. [Amended 11-2-1987]
The Health Officer of the township shall annually cause a canvass to be made of all dogs owned, kept or harbored within the township and shall report to the Township Clerk and to the State Department of Health the result thereof, setting forth in separate columns the names and addresses of persons owning, keeping or harboring such dogs, the number of licensed dogs owned, kept or harbored by each of the persons, together with the registration numbers of each of the dogs, and the number of unlicensed dogs owned, kept or harbored by each of the persons, together with a complete description of each of the unlicensed dogs.
§ 78-21. Animal Control Officer. [Amended 11-2-1987]
A. The position of Animal Control Officer is hereby created.
B. The tasks of the Animal Control Officer shall be those defined by the statement of typical tasks relating to the position as they appear now or may hereafter be defined by the State Civil Service Commission or the township.
C. The Animal Control Officer shall be under the jurisdiction of the Township Health Officer.
D. He shall perform the foregoing and such other duties in connection with the care, seizure and custody of animals as may be assigned to him.
E. While the Animal Control Officer is performing his duties, he shall wear the uniform prescribed to be worn by the Township Council and shall conspicuously display his identification badge on the outermost garment of his clothing.
§ 78-22. Impoundment of certain dogs or cats. [Amended 11-2-1987; 5-7-1991]
The Animal Control Officer of the township shall take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of, as provided in this Article:
A. Any dog or cat off the premises of the owner or of the person keeping or harboring the dog or cat which the Officer or his agent has reason to believe is a stray dog or cat.
B. Any dog or cat off the premises of the owner or of the person keeping or harboring the dog or cat without a current registration tag on his collar.
C. Any female dog or cat in season off the premises of the owner or of the person keeping or harboring the dog or cat.
§ 78-23. Notice of impoundment. [Amended 11-2-1987; 5-7-1991]
A. If any dog or cat so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag, or the owner or the person keeping or harboring the dog or cat is known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring the dog or cat, if known, a notice, in writing, stating that the dog or cat has been seized and will be liable to be disposed of or destroyed if not claimed within seven (7) days after the service of the notice.
B. A notice under this section may be served either by delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode or to the address on the collar.
§ 78-24. Service fees. [Last amended 11-3-1997]
Service fees shall be as follows:
Service Fee
Surrender fees
Puppy and kitten litters $25
Individual adult dogs and cats
1 year 25
2 years 35
3 years 45
4 years 55
5 years 75
6 plus years 105
Adoption fees
Dog 45
Cat 30
Additional charges
Spayed or neutered 20
Declawed 25
Redemption
Boarding fees
Days 1 through 7, each 4
Days 8 and up, each 10
Vaccine administration 20
Pickup fee 35
Traps, 10-day trap rental 50
Animal pickup
Nonovertime 35
Overtime calls 110
Cremation and euthanasia
Up to 20 pounds 50
21 to 50 pounds 75
50 plus pounds 110
Euthanasia alone 25
Rabies vaccine, administration 5
fee
Out of town, noncontract municipality residents
§ 78-25. Right of entry; exception. [Amended 5-7-1991]
Any officer or agent authorized or empowered to perform any duty under this Article is hereby authorized to go upon any premises to seize for impounding any dog or cat which he may lawfully seize and impound when such officer is in immediate pursuit of such dog or cat, except upon the premises of the owner of the dog or cat if the owner is present and forbids the same.
§ 78-26. Interference with authorized officials.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under this Article.
§ 78-27. Nuisances. [Amended 8-7-1972; 5-7-1991]
A. No person owning, harboring, keeping or in charge of any dog or cat shall cause, suffer or allow such dog or cat to soil, defile, defecate on or commit any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of such property.
B. Any person owning, harboring, keeping or in charge of any dog or cat which soils, defiles, defecates on or commits any nuisance on any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk or upon any public property whatsoever or upon any private property without the permission of the owner of such property shall immediately remove all feces deposited by such dog or cat by any sanitary method approved by the local health authority.
C. The feces removed from the aforementioned designated areas shall be disposed of by the person owning, harboring, keeping or in charge of any such dog or cat, in accordance with the provisions of this section, in a sanitary manner approved by the local health authority.
D. The provisions of this section shall not apply to blind persons who may use dogs as guides.
§ 78-28. Damage to lawns, flowers and other plant life. [Amended 5-7-1991]
No person owning, keeping or harboring a dog or cat shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property.
§ 78-29. Running at large. [Amended 8-7-1972; 5-7-1991]
It shall be unlawful for any dog or cat, whether licensed or not, to run at large within the township. A dog or cat shall be deemed to be running at large when off the premises of its owner or of the person keeping or harboring such dog or cat, which dog or cat is not on a leash, tether, chain, rope or the like, the overall length of which, including the hand grip, shall not exceed six (6) feet, held by its owner or other person able to control such dog or cat.
§ 78-30. Vicious dogs or cats. [Amended 11-2-1987; 5-7-1991]
A. Any dog or cat which has attacked or bitten any human being or which habitually attacks other dogs or cats or domestic animals is hereby defined to be a "vicious dog or cat," for the purposes of this section. It shall be the duty of the Health Officer to receive and investigate complaints against dogs or cats and, when any dog or cat complained against shall be deemed by such Health Officer to be a vicious dog or cat, as herein defined, the officer shall report the facts to the recorder of the township, who shall thereupon cause the owner or person harboring such dog or cat to be notified, in writing, of the complaint against such dog or cat and to appear before the Judge at a stated time and place.
B. The Judge, at the time set for such hearing, shall inquire into the facts and give all interested persons an opportunity to be heard, under oath, and to be represented by counsel, and the Judge shall decide that such dog or cat complained of is a vicious dog or cat as defined by this section; notice of such decision shall be given to the owner or person harboring such dog or cat.
C. No dog or cat which has been so determined to be a vicious dog or cat shall be permitted to run at large or be upon any street or public place in the township, except while securely muzzled and under leash, as provided in this Article, and the owner or person harboring any such vicious dog or cat who shall suffer or permit such dog or cat to run at large or be upon any street or public place in the township while not securely muzzled and under leash shall be guilty of a violation of this Article.
§ 78-31. Impoundment of biting dogs or cats. [Amended 11-2-1987; 5-7-1991]
Any dog or cat which shall bite a person shall immediately be impounded and kept under observation at a place designated by the Board of Health for a period of ten (10) days from the date of such biting in order to ascertain whether such dog or cat is suffering from rabies. All reasonable expense in connection with such impoundment shall be paid by the owner or person in charge of such dog or cat before such dog or cat is released. If any such dog or cat is not claimed and the expenses paid at the expiration of ten (10) days, the dog or cat may be put to death in a humane manner.
§ 78-32. Violations and penalties. [Amended 8-7-1972; 11-2-1987]
Any person who violates or who fails or refuses to comply with any section of this Article or with the rules and regulations promulgated by the State Department of Health shall, upon conviction thereof, be liable to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.
ARTICLE III, Cats [Adopted 10-2-1990]
§ 78-33. Definitions.
For the purposes of this Article, the following terms shall have the meanings indicated:
ANIMAL -- Dog or cat.
ANIMAL CONTROL AUTHORITY -- Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this Article.
CAT -- Any member of the domestic feline species; male, female or altered.
CAT OF LICENSING AGE -- Any cat which has attained the age of seven (7) months or which possesses a set of permanent teeth.
CATTERY -- Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein cats for sale are kept or displayed.
LICENSING AUTHORITY -- The Department of Health and Human Services of the Township of Bloomfield, hereafter known as the "Department."
NEUTERED -- Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER -- When applied to the proprietorship of a cat, includes every person having a right of property (or custody) in such cat and every person who has such cat in his/her keeping or who harbors or maintains a cat or knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON -- Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
§ 78-34. Rabies vaccination required; exemptions.
A. Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven (7) months of age within the Township of Bloomfield unless such cat is vaccinated and licensed. The provisions of this section do not apply to cats held in a cattery or those held by a state or federal license research facility or a veterinary establishment where cats are received or kept for diagnostic, medical, surgical or other treatment or licensed animal shelters, pounds, kennels or pet shops.
B. Vaccination. All cats shall he vaccinated against rabies by a licensed veterinarian in accordance with the latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization, published by the National Association of State Public Health Veterinarians, except as provided for in Subsection D.
C. Vaccination certificate. A certificate of vaccination shall be issued to the owner of each animal vaccinated on a form recommended by the state.
D. Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of time by the local Board of Health, upon presentation of a veterinarian's certificate stating that, because of an infirmity or other physical condition or regimen of therapy, the inoculation of such cat shall be deemed inadvisable.
§ 78-35. License required.
A. Cats must have license number displayed. Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the Department a license and official registration tag with a license number or a registration sleeve for each cat so owned, kept or harbored and shall place upon such cat a collar or other device with the license number securely fastened or displayed thereto. Acceptable methods of displaying the license number shall include, but are not limited to, breakaway or elastic collars. License tags or sleeves are not transferable.
B. Time for applying for license. The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make application for a license tag or sleeve for such cat within ten (10) days after such acquisition or age attainment. This requirement will not apply to a nonresident keeping a cat within the Township of Bloomfield for no longer than ninety (90) days.
C. Cats brought into the Township of Bloomfield.
(1) Any person who shall bring or cause to be brought into the Township of Bloomfield any cat licensed in another state for the current year and bearing a registration tag or sleeve and shall keep the same or permit the same to be kept within the Township of Bloomfield for a period of more than ninety (90) days shall immediately apply for a license and registration tag or sleeve for each such cat.
(2) Any person who shall bring or cause to be brought into the Township of Bloomfield any unlicensed cat and shall keep the same or permit the same to be kept within the Township of Bloomfield for a period of more than ten (10) days shall immediately apply for a license and registration tag or sleeve for each such cat. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be accepted by this municipality as evidence of compliance for the remainder of the first calendar year of residence.
D. Application; contents; preservation of information. The application shall state the breed, sex, age, color and markings of the cat for which license and registration are sought and whether it is of long- or short-haired variety, also the name, street and post office address of the owner and the person who shall keep or harbor such cat. The information on said application and the registration number issued for the cat shall be preserved for a period of three (3) years by the Department.
E. License forms and tags. License forms and official tags or sleeves shall be furnished by the township and shall be numbered serially and shall bear the year of issuance and the name of the township.
F. Evidence of inoculation with rabies vaccine or certification of exemption; requirement for license. No official designated by the governing body of the township to license cats therein shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type approved by and administered in accordance with the recommendations of the United States Department of Human Services or has been certified exempt as provided by § 78-34 of this Article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such other veterinarian permitted by law to do the same.
G. License fee schedule. A license shall be issued after payment of a fee of eleven dollars and twenty cents ($11.20) for each unneutered cat and eight dollars and twenty cents ($8.20) for each neutered cat. Persons who fail to apply for a license as required after April 1 will be subject to a delinquent fee of ten dollars ($10.).
H. Fees; renewals; expiration date of license.
(1) The person applying for the license and registration tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of a license and registration tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal thereof shall expire on December 31 of the year of issuance.
(2) Only one (1) license and registration tag or sleeve shall be required in the licensing year for any cat in the Township of Bloomfield.
I. Loss of license. If a license tag or sleeve has been misplaced or lost, the Department may issue a duplicate license and/or registration sleeve for that particular cat at a fee of one dollar ($1.).
J. Proof of licensing. Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the request of any health official, police officer, animal control officer or other authorized person.
K. Interfering with persons performing duties under this Article. No person shall hinder, molest or interfere with anyone authorized or empowered by the Department to perform any duty under this Article.
L. Disposition of fees collected. License fees and other moneys collected or received under the provisions of this Article shall be forwarded to the Treasurer of the township and shall be placed in the Dog Trust Account and shall be used for the following purposes only: collecting, keeping and disposing of cats liable to seizure; for local prevention and control of rabies; domestic and wild animal control; providing antirabies treatment under the direction of the local Board of Health for any indigent person known or suspected to have been exposed to rabies; and for administering the provisions of this Article. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal year following and may be used for any of the purposes set forth in this section. At the end of said third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the township any amount then in such account which is in excess of the total amount paid into the special account during the last two (2) fiscal years next preceding.
§ 78-36. Impoundment.
Any person appointed for the purpose by the Board of Health of the township shall take into custody and impound or cause to be taken into custody and impounded and, thereafter, destroyed or offered for adoption as provided in this section:
A. Any cat off the premises of the owner of the person keeping or harboring said cat which said official or his agent or agents have reason to believe is a stray cat.
B. Any cat off the premises of the owner or of the person keeping or harboring said cat without a current registration tag on his collar.
C. Any female cat in season off the premises of the owner or of the person keeping or harboring said cat.
D. Any cat or other animal which is suspected to be rabid.
E. Any cat or other animal off the premises of the owner reported to or observed by a certified animal control officer to be ill, injured or creating a threat to public health, safety or welfare or otherwise interfering with the enjoyment of property.
§ 78-37. Notice of impoundment.
A. If any animal so seized wears a collar or harness having inscribed thereon or attached thereto the name and address of any person or a registration tag or the owner or the person keeping or harboring said animal is known, any person authorized by the governing body shall forthwith serve on the person whose address is given on the collar or on the owner or the person keeping or harboring said animal, if known, a notice, in writing, stating that the animal has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven (7) days after the service of the notice.
B. A notice under this section may be served either by delivering it to the person on whom it is to be served or by leaving it at the person's usual or last known place of abode or at the address given on the collar or by forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode or to the address given on the collar.
§ 78-38. Destruction.
Any person authorized by the Board of Health may cause an animal to be destroyed in a manner causing as little pain as possible and consistent with the provisions of N.J.S.A. 4:22-19 or offered for adoption seven (7) days after seizure, provided that:
A. Notice is given as set forth above and the animal remains unclaimed;
B. The owner or person keeping or harboring the animal has not claimed the animal and paid all expenses incurred by reason of its detention, including maintenance costs; or
C. The owner or person keeping or harboring a cat which was unlicensed at the time of seizure does not produce a license and registration tag for the cat.
§ 78-39. Adoption; sale for experimentation prohibited.
At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No cat or other animal so caught and detained or procured, obtained, sent or brought to a pound or shelter shall be sold or otherwise made available for the purpose of experimentation. Any person who sells or otherwise makes available any such cat or other animal for the purpose of experimentation shall be guilty of a disorderly persons offense.
§ 78-40. Seizure of rabid animal.
After observation, any animal seized under this Article suspected of being rabid shall be immediately reported to the Health Officer.
§ 78-41. Violations and penalties.
Except as otherwise provided in this Article, any person who violates or who fails or refuses to comply with this Article shall be liable to a penalty of not less than five dollars ($5.) nor more than five hundred dollars ($500.) for each offense, to be recovered by and in the name of the township.
Chapter 84, BRUSH, GRASS AND WEEDS EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Sees. 13-16 and 13-17 of the 1962 Code; amended in its entirety 9-19-1983. Section 84-2B amended and § 84-3 added at time of adoption of Code; see Ch. 1, General Provisions, Art. 1. Other amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse -- See Ch. 142.
Property maintenance -- See Ch. 203.
Fees -- See Ch. 247.
Public health nuisances (Board of Health) -- See Ch. 322.
Sanitation (Board of Health) -- See Ch. 336.
Weeds (Board of Health) -- See Ch. 354.
§ 84-1. Notice to remove.
In any case where the Director of Community Development and Inspections or the Director of Health and Human Services of the township shall determine that it is necessary and expedient for the preservation of public health, safety and general welfare, or to eliminate a fire hazard, to require the removal from any lands in the township of brush, grass, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the owner or tenant of such lands shall, within ten (10) days after notice by the Director of Community Development and Inspections or the Director of Health and Human Services to do so, remove from such lands all brush, grass, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris thereon.
§ 84-2. Removal by township; lien.
A. In the event that the owner or tenant shall have refused or neglected to comply with the notice as provided in the preceding section within ten (10) days, the Director of Community Development and Inspections or the Director of Health and Human Services shall, pursuant to N.J.S.A. 40:48-2.13 and 40:48-2.14 remove from such lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris that may be thereon, and such officer shall certify the cost thereof to the Township Council, which shall examine the certificate and, if found correct, shall cause the cost shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien on such land and shall be added to and become part of the taxes next to be assessed and levied against such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
B. In no event shall the assessment of costs against the owner or tenant of such lands relieve such owner or tenant of penalties as provided for in § 84-3 upon conviction for failure to obey the notice as required by this and the preceding section.EN
§ 84-3. Violations and penalties.EN
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
Chapter 87, BUILDING CONSTRUCTION EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 4-20-1987; Art. II, 1-17-1977; amended in its entirety 6-3-1985; Art. III, 2-17-1987. Section 87-10C amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Unfit dwellings -- See Ch. 113.
Fire prevention and protection -- See Ch. 125.
Housing standards -- See Ch. 159.
Property maintenance -- See Ch. 203.
Subdivision of land -- See Ch. 234.
Zoning -- See Ch. 271.
Unfit buildings (Board of Health) -- See Ch. 292.
ARTICLE I, Certificates of Habitability [Adopted 4-20-1987EN]
§ 87-1. Certificate required; issuance; exemptions.
A. It shall henceforth be unlawful for any property owner, landlord or tenant to rent, lease or in any way deliver up for occupancy any building, premises, apartment or any other dwelling unit until a certificate of habitability shall have been issued by the Director of Community Development and Inspections, or his designee, stating to the effect that said building, premises, apartment or any other dwelling unit conforms to the provisions of the Uniform Construction Code of the State of New Jersey and the Housing Code of the Township of BloomfieldEN and to all other pertinent codes, ordinances and statutes relating to the safety and habitability of dwelling units.
B. In such case, it shall be the duty of the Director of Community Development and Inspections, or his designee, to issue a certificate of habitability, upon inspection and approval by the Director of Community Development and Inspections, or his designee, within fifteen (15) days after a request for such certificate has been filed with the Department of Community Development and Inspections by a property owner, landlord or tenant of a building, premises, apartment or any other dwelling unit. Such certificate of habitability shall be effective from the period of time that the premises again becomes occupied and for as long as its occupancy remains unchanged.
C. Exempt from this Article are motels, hotels and similar-type buildings. Residential structures containing four (4) dwelling units or less are also exempt from the provisions of this Article. However, this exemption shall not apply to residential structures containing four (4) dwelling units or less in garden apartment complexes.
§ 87-2. Temporary certificates.
Upon inspection of any building, premises, apartment or any other dwelling unit, the Director of Community Development and Inspections, in his discretion, may cause to be issued a temporary certificate of habitability, conditioned upon the property owner, landlord or tenant complying with the provisions of this Article within a reasonable period of time not to exceed thirty (30) days from the issuance of such certificate. Upon compliance with the provisions of this Article by the property owner, landlord or tenant, the Director of Community Development and Inspections shall issue a certificate of habitability at no additional fee, and such certificate of habitability shall be effective from the period of time that the premises again becomes occupied and for as long as occupancy remains unchanged.
§ 87-3. Fees.
A. The fee for the issuance of a certificate of habitability required under § 87-1 hereof shall be twenty dollars ($20.). [Amended 6-6-1994]
B. The fee for the issuance of a temporary certificate of habitability under § 87-2 shall be twenty dollars ($20.). [Amended 6-6-1994]
C. In the event that a reinspection is required before the issuance of a certificate of habitability required under § 87-1 hereof, there shall be an additional fee of ten dollars ($10.) assessed, payable to the Township of Bloomfield.
D. [Added 5-5-1997] Fees for a certificate of continued occupancy on the sale or transfer of property the Town of Bloomfield shall be as follows:
Type Fee
Single-family residential dwelling $75
Two-family residential dwelling 125
Three-family residential dwelling 200
Each additional dwelling unit 50
All commercial and manufacturing 250
buildings
§ 87-4. Notice of requirements.
It shall henceforth be required that a notice be posted in the vestibule and business office of all units to which this Article applies, setting forth that, under this Article, a new certificate of habitability is required on all changes in occupancy.
§ 87-5. Violations and penalties.
Any person, firm or corporation who or which shall violate any of the provisions of this Article shall, upon conviction, be punished by a fine of not to exceed two hundred dollars ($200.) or by imprisonment in the county jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment; and each violation of any of the provisions of this Article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
ARTICLE II, Uniform Construction Codes [Adopted 1-17-1977; amended in its entirety 6-3-1985]
§ 87-6. Establishment of enforcing agency; qualifications; office.
A. There is hereby established in the Township of Bloomfield a State Uniform Construction Code enforcing agency to be known as the "Department of Community Development and Inspections," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code.EN The Construction Official shall be the chief administrator of the enforcing agency.
B. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,EN and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one (1) such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
C. The public shall have the right to do business with the enforcing agency at one (1) office location, except for emergencies and unforeseen or unavoidable circumstances.
§ 87-7. Construction Board of Appeals.
A. There is hereby established a Construction Board of Appeals to hear appeals from decisions by the enforcing agency. Such Board shall consist of five (5) members. At least one (1) Board member shall be a registered architect or licensed professional engineer with building construction experience, and at least one (1) Board member shall be as qualified as a Plumbing Subcode Official and one (1) as qualified as an Electrical Subcode Official. No more than two (2) Board members shall be selected from the same business or profession. Each Board member shall have had at least three (3) years' experience in construction, design or supervision as a licensed engineer or registered architect or, in the alternative, five (5) years' experience in construction, design or supervision as an architect or engineer with a bachelor's degree in architecture or engineering, respectively, from an accredited institution of higher education or, as a further alternative, ten (10) years' experience in construction, design or supervision as a journeyman in a construction trade or as a construction contractor, subcontractor or inspector.
B. Appointments; terms.
(1) The Mayor and Township Council shall appoint the Board members and any alternate members. For the members first appointed, the Mayor and Township Council shall designate the appointees' terms so that one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years and two (2) for terms of four (4) years. At the expiration of such terms and thereafter, appointments shall be made for terms of four (4) years. Vacancies shall be filled for the unexpired term.
(2) The Mayor and Township Council shall appoint such number of alternatives as may be appropriate for terms not to exceed four (4) years or may, in the alternative, appoint alternates on a case-by-case basis.
(3) No regular or alternate Board member may be a member of the enforcing agency, the decisions of which are subject to the review of the Board.
C. Members shall be appointed by the governing body to serve without compensation.
§ 87-8. Construction Department fees. [Amended 9-8-1987; 2-21-1989; 2-18-1992; 6-6-1994; 5-5-1997]
A. Plan review fee. The fee for plan review shall be 20% of the amount to be charged for a new construction permit.
B. The basic construction fee shall be the sum of all subcode fees computed on the basis of the volume or cost of construction for alterations and the number and type of plumbing, electrical and fire protection fixtures or devices as herein provided. The minimum fee for any one subcode shall be $60, except water heaters, which shall be $40. In addition, an administrative fee of 15% shall be added to all electrical and elevator subcode fees.
(1) Building volume or cost. The fees for new construction or alteration are as follows:
(a) Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.03 per cubic foot of volume for buildings and structures of all use groups and types of construction as classified and defined in Articles 3 and 4 of the building subcode; except that the fee shall be $0.025 per cubic foot of volume for Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1 and S-2, and the fee shall be $0.025 per cubic foot for structures on farms, including commercial buildings, under N.J.A.C. 5:233.2(d), used exclusively for the storage of food or grain or the sheltering of livestock, with the maximum fee for such structures on farms not to exceed $825.
(b) Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amount of $18 per $1,000 up to $100,000 of estimated cost. From $100,000 to $200,000 of estimated cost the fee shall be $15 per $1,000. Over $200,000 of estimated cost the fee shall be $12 per $1,000. For the purpose of determining estimated cost, the applicant shall submit to the Construction Official such cost data as may be available, produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Construction Official shall make the final decision regarding estimated cost.
(c) Fees for additions shall be computed on the same basis as for new construction for the added portion.
(d) Fees for combination renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection B(1)(a) and (b) above.
(e) In order to provide for the training and certification and technical support programs required by the Act,EN the enforcing agency shall collect a surcharge fee to be based upon the volume of new construction or the value of construction for other types of construction within the municipality. Said fee shall be accounted for and forwarded to the Bureau of Regulatory Affairs. This fee shall be in the amount as set forth in N.J.A.C. 5:234.19(b). For the purpose of calculating this fee, volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
(2) Plumbing fixtures and equipment.
(a) For the purpose of computing fees:
[1] Plumbing fixtures shall include but not be limited to stacks, lavatories, kitchen sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, wash machine connections, hose bibs and similar fixtures.
[2] Plumbing appurtenances shall include but not be limited to devices, a manufactured device, pressure-reducing valves, backflow prevention devices, back water valves, vacuum breakers, grease traps, interceptors and similar devices.
[3] Plumbing appliances shall include but not be limited to hot water heaters, tankless heaters, heat exchangers, gas piping, water storage tanks, solar panels, water pressure booster systems, sump pumps, roof drains, dishwashers, ice makers, instant hot water coils, sewerage ejectors, garbage disposal units, sterilizers, aspirators, water-cooled air-conditioning units, water conditioners and similar equipment.
(b) The fee for the installation or the replacement of a plumbing fixture shall be $10 for each plumbing fixture.
(c) The fee for the installation or replacement of a plumbing appurtenance and/or special device shall be $28 per each plumbing appurtenance and/or special device. For cross connections and backflow preventers that are subject to testing, requiring reinspection, the fee shall be $40.
(d) The fee for the installation or replacement of a plumbing appliance shall be $25.
(e) The fee for the installation of a house or building sewer and/or a water service pipe shall be $60. Main connection for a fire suppression system shall be $150.
(3) Electrical fixtures and devices. The fee shall be in accordance with N.J.A.C. 5:23-4.5A et seq. and the current contract.
(4) Fire protection and other hazardous equipment: sprinklers, standpipes, detectors (smoke and heat) preengineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system kitchen exhaust systems:
(a) The fee for sprinkler heads shall be as follows:
Number of Sprinkler Heads Fee
Up to 20 $75
21 to 99 130
100 to 149 175
150 to 199 200
200 to 500 400
Over 500 700
(b) The fee for detectors shall be as follows:
Number of Detectors Fee
1 to 10 $50
11 to 25 100
Over 25 150
In computing fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors, shall be charged.
(c) The fee for each standpipe shall be $200.
(d) The fee for each preengineered system shall be $200.
(e) The fee for each gas- or oil-fired appliance not connected to the plumbing system shall be $40.
(f) The fee for each kitchen exhaust system will be $150.
(g) The fee for each incinerator shall be $200.
(h) The fee for each crematoriums shall be $200.
(i) The fee for a supplemental heating appliance using solid fuel shall be $50.
(5) Elevator devices. Elevators shall be installed and inspected pursuant to N.J.A.C. 5:23-23-12 et seq.
(a) All elevator devices shall be registered with the State Department of Community Affairs. All fees for registration shall be paid to the Department of Community Affairs at the time of registration. Fees shall be in the amounts as set forth in N.J.A.C. 5:23-12.1 et seq.
(b) The fee for the installation of a new elevator device shall be $150.
(c) All inspection fees shall be in accordance with N.J.A.C. 5.23-4.5A et seq. and the current contract.
(6) Fees for certificates and other permits are as follows:
(a) The fee for a demolition or removal permit shall be as follows:
[1] For a structure of less than 5,000 square feet in area and less than 30 feet in height, for one- or two-family residences (Use Group R-3 of the Building Code): $150.
[2] For all other Use Group R structures: $250.
[3] For structures on farms, including commercial farm buildings under N.J.A.C. 5:23-3.2(d) and for Use Group U: $50.
[4] For all structures other than Use Group R or U:
[a] Up to 10,000 square feet: $300.
[b] From 10,000 square feet to 20,000 square feet: $600.
[c] Over 20,000 square feet: $1,200
[5] For accessory garages and sheds: $50.
(b) The fee for a permit to construct a sign shall be in the amount of $1 per square foot of surface area of the sign, computed on one face only for double-faced signs. The minimum fee shall be $75.
(c) The fee for a certificate of occupancy shall be 10% of the sum of the fees for all subcodes. The minimum shall be $70 for a single-family residential use; $10 per unit for multi-family in addition to the minimum fee.
(d) The fee for a certificate of occupancy granted pursuant to a change of use group shall be $70.
(e) The fee for a certificate of continued occupancy issued under N.J.A.C. 5:232.23(c) shall be $120.
(f) The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $594 for Class I structures and $120 for Class II and Class III structures. The fee for resubmission of an application for a variation shall be $229 for Class I structures and $65 for Class II and Class III structures.
(g) The fee for an application to the Construction Board of Appeals shall be $100.
(h) The fee for a permit for lead abatement, asbestos abatement and radon mitigation shall be $100. The fee for a clearance certificate shall be $25.
(i) The fee for the abandonment, removal or installation of underground tanks shall be as follows:
Tank Capacity
(gallons) Fee
Up to 1,000 $50
1,000 to 5,000 150
5,000 to 10,000 300
Above 10,000 500
(j) The fee for the installation of a microwave receiving antenna shall be $200.
(k) The fee for a structural tower shall be $150.
(l) The fee for an aboveground swimming pool shall be $50; for an in-ground swimming pool, the fee shall be $80. A certificate of occupancy is required.
(m) The fee for moving a structure from one lot to another shall be $300.
(n) The fee for the installation of a fence five feet or higher, an awning or canopy and the construction of a retaining wall shall be $60.
C. Annual permit requirements. The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based on the number of maintenance workers who are employed by the facility and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits my be issued for building/fire protection, electrical and plumbing.
D. Annual permit fees.
(1) Fees for annual permits shall be as follows:
Number of Workers Fee
One to 25 workers (including foremen), $667
per worker
Each additional worker over 25, 232
per worker
(2) Prior to the issuance of the annual permit, a training registration fee of $140 per subcode and a list of at least one, but not more than three, individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Technical Assistance, Training Section, along with a copy of the construction permit (Form F-170C). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
E. The fee for a mechanical inspection in a Use Group R-3 or R-4 structure by a mechanical inspector shall be $43 for the first device and $10 for each additional device. No separate fee shall be charged for gas, fuel oil or water piping connections associated with the mechanical equipment inspected.
F. The Construction Official shall with the advice of the subcode officials, prepare and submit to the Municipal Council annually a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
G. Exemptions from fees. The following shall be exempt from the payment of fees under this chapter:
(1) Any religious, charitable, benevolent, fraternal or nonprofit associations, corporations or organizations, at the discretion of the Township Council.
(2) An application for the compaction or installation of a flagpole.
§ 87-9. Fire limits.
A. The following fire limits are established pursuant to N.J.A.C. 5:23: all the areas in the B-1 Central Business Zone, B-2 Neighborhood Business Zone. C-1 Office and Research Zone, C-2 Office and Research Zone and M-1 General Industrial Zone, as more particularly shown on the Zoning Map of the Township of Bloomfield, Essex County, New Jersey, adopted August 13, 1979, under Article III, Section 3.2, of an ordinance entitled. "An Ordinance Establishing Building Zones and Regulations and Providing Penalties for Their Violation," adopted August 13, 1979, as amended and supplemented to the date of the introduction of this Article.EN
B. The Construction Official shall prepare and submit to the Mayor and Township Council, biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
§ 87-10. Certificates of occupancy. [Added 12-1-1986]
A. It shale henceforth be required that a notice be posted in the vestibule and business office of all units to which this Article applies, setting forth that, under this Article, a new certificate of occupancy is required on all changes in occupancy.
B. Exempt from this Article are motels, hotels and similar type buildings; residential structures containing four (4) dwelling units or fewer are also exempt from the provisions of this Article. However, this exemption shall not apply to residential structures containing four (4) dwelling units or fewer in garden apartment complexes.
C. The fee for the issuance of a certificate of occupancy required under this section shall be as set forth in § 87-8A(6) hereof and shall be payable to the Township of Bloomfield. [Amended 11-2-1987]
ARTICLE III, Additional Building Regulations [Adopted 2-17-1987]
§ 87-11. Attic fans.
Hereafter, it shall be unlawful for any person to install an attic fan in any new building or an attic fan in any existing building without having first obtained from the Building Inspector of the Township of Bloomfield a permit for any such installation.
§ 87-12. Security grills and doors. [Added 6-20-1988]
It shall be unlawful for any person to install rolling, solid swinging, sliding or accordian garage-type doors, whether solid or not solid, whether closing vertically or horizontally, in or on any building in the Township of Bloomfield.
Chapter 89, BUSINESS HOURS EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield: Art. I, 11-19-1962 as Sec. 19-1 of the 1962 Code; Art. II, 11-19-1962 as Sec. 19-41 of the 1962 Code; Art. III, 6-19-1972 as Sec. 19-20.1 of the 1962 Code. Adopted by the Council of the Township of Bloomfield: Art. IV, 3-21-1983. Sections 89-3, 89-5 and 89-11 added and § 89-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverage establishments -- See Ch. 70.
Amusements and amusement devices -- See Ch. 74.
Dry-cleaning and dry-dyeing establishments -- See Ch. 111.
Food establishments -- See Ch. 133.
Gasoline stations and repair garages -- See Ch. 145.
Junk dealers -- See Ch. 166.
Licensed establishments -- See Ch. 173.
Sale of motor vehicles -- See Ch. 177.
Dealers in precious metals and gems -- See Ch. 199.
Special sales -- See Ch. 215.
ARTICLE I, Barbershops [Adopted 11-19-1962 as Sec. 19-1 of the 1962 Code]
§ 89-1. Hours of operation designated.
No barbershop, on weekdays, shall be open for business before 8:00 a.m. or remain open for business after 6:30 p.m., except on Saturday and on the days preceding legal holidays, when it may remain open for business until 9:00 p.m., provided that nothing contained in this section shall be held or construed to prohibit the rendering of barber service to any persons already within such barbershop before the hour fixed for closing.
§ 89-2. Days closed.
All barbershops within the township shall be closed for business on Sundays and the following legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
§ 89-3. Violations and penalties.EN
Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
ARTICLE II, Food and Beverage Vendors [Adopted 11-19-1962 as Sec. 19-41 of the 1962 Code]
§ 89-4. Restrictions upon sales.
It shall be unlawful for any person to sell or offer for sale any food or drink between the hours of 9:00 a.m. and 4:00 p.m. in any street in the township within a distance of four hundred (400) feet of any lot or parcel of land upon which any public school building is erected.
§ 89-5. Violations and penalties.EN
Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
ARTICLE III, Laundromats [Adopted 6-19-1972 as Sec. 19-20.1 of the 1962 Code]
§ 89-6. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
LAUNDROMAT (sometimes commonly known as "launderette," "automatic laundry" or "self-operating laundry") -- A place of business containing automatic washing and drying machines, conducted for the purpose of laundering, washing and drying wearing apparel, household linens and other washable household fabrics, which items are brought to such place by the customer to be laundered in an automatic machine, coin-operated or otherwise, and wherein a majority or all of the manual operations are performed by the customer or under his control.
§ 89-7. Hours of operation designated.
A. It shall be unlawful for any laundromat to operate or to be open for business between the hours of 12:00 midnight and 6:00 a.m. of the succeeding day.
B. It shall be lawful for any laundromat to operate and to be open for business between the hours of 6:00 a.m. and 12:00 midnight on all weekdays and on Sunday.
§ 89-8. Violations and penalties.EN
Any person who shall operate a laundromat in violation of this Article shall be adjudged guilty of a violation in any court of competent jurisdiction and shall, for the first offense committed, be subject to a fine of not more than one thousand dollars ($1,000.) or be imprisoned in the county jail for a term not exceeding ninety (90) days, or both. Each day that such violation continues shall constitute a new offense.
ARTICLE IV, Retail Establishments [Adopted 3-21-1983]
§ 89-9. Hours of operation designated. [Amended 2-1-1988]
Every retail business located less than two hundred (200) feet from a residential zone, including any establishment, enterprise or business that sells to the general public goods, merchandise, food or material, automotive fuel, motor oil, goods and services which are generic to filling and service stations, places of public, entertainment, bowling alleys and motion-picture establishments, within the Township of Bloomfield shall be closed to the public and business with the public therein shall be and is hereby prohibited after the hour of 12:00 midnight and before the hour of 6:00 a.m. of any day.
§ 89-10. Exceptions. [Amended 2-1-1988]
A. The provisions of this Article shall not apply to business located greater than two hundred (200) feet from a residential zone, provided that the following conditions are met:
(1) Two (2) employees must be present at all times in the part of the establishments in which the public is invited.
(2) Each establishment must be equipped with a burglarproof safe.
(3) Each employee must have access to a telephone on the premises in case of emergency.
(4) Each establishment must hang a sign in a visible place that indicated that an employee does not have access to the burglarproof safe and does not carry more than fifty dollars ($50.) in cash on his/her person.
B. The distance of two hundred (200) feet provided herein shall be measured in the same manner as measurements are made for the serving of notices in relation to applications for variances as prescribed in the Zoning Ordinance of the township.EN
C. Any commercial establishment operating on a twenty-four-hour basis and having so operated in such a manner prior to the effective date hereof shall be exempt from the conditions set forth herein. [Added 4-18-1988]
§ 89-11. Violations and penalties. [Added 11-2-1987]
Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
Chapter 93, CHECKS, RETURNED
[HISTORY: Adopted by the Township Council of the Township of Bloomfield 5-16-1994. Amendments noted where applicable.]
§ 93-1. Title.
This chapter may be known as the "Returned Check Ordinance."
§ 93-2. Service charge added.
Whenever a check payable to any account of the Township of Bloomfield is returned for insufficient funds, a service charge of twenty dollars ($20.) per transaction shall be added to the account. The service charge shall be paid and credited before any other payment on the account is accepted and credited.
§ 93-3. Delinquent charges.
Unpaid service charges shall become delinquent and, when applicable, a lien against property, to be enforced in the same manner as other liens.
§ 93-4. Repeated offenses.
Any person whose returned checks become chronic, as determined by the Chief Financial Officer, may thereafter be required to pay in cash or by certified or cashier's check.
Chapter 97, CONDOMINIUM CONVERSIONS
[HISTORY: Adopted by the Council of the Township of Bloomfield 8-9-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 87.
Rent control -- See Ch. 208.
§ 97-1. Fees.
Pursuant to N.J.S.A. 2A:18-61.22 et seq. and all regulations adopted thereunder, the following fees are hereby fixed for the services required of the township:
A. Administrative fees.
(1) The landlord/sponsor of each apartment building or project being converted from a rental status to a condominium must pay, simultaneously with the service on the municipality of the notice of intent and the materials to be mailed to tenants, an administration fee of thirty-five dollars ($35.) per apartment unit within the building or project.
(2) Where the notice of intent and the materials to be mailed to tenants have previously been served on the municipality, the fee as set forth above shall be payable upon billing by the municipality.
B. An appeal of a determination granting or denying an application for protected tenancy status to the Bloomfield Protected Tenancy Appeal Board must be accompanied by a fee of fifty dollars ($50.), payable by the appellant.
§ 97-2. Appeal Board.
A. Pursuant to the statutes and regulations referred to in § 97-1 hereof, there is hereby created an Appeal Board to be known as the "Bloomfield Protected Tenancy Appeal Board."
B. The Board shall be appointed by the Mayor with the advice and consent of the Township Council and shall consist of three (3) members.
C. The Appeal Board may adopt such rules and regulations as it may deem appropriate and as may be provided by law and consistent therewith.
Chapter 101, CRUISING
[HISTORY: Adopted by the Council of the Township of Bloomfield 8-8-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic -- See Ch. 254.
§ 101-1. Purpose.
The purpose of this chapter is to protect the public welfare and safety and convenience and to reduce the congestion and eliminate the gridlock effect which frequently results along particular designated roadways within the township as a result of such cruising and to ensure access for the general public and, in particular, for emergency and safety vehicles to and around those particular designated roadways.
§ 101-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CRUISING -- Driving a motor vehicle on a designated roadway or traffic artery past a traffic control point, in said designated roadways, three (3) or more times within any one-hour period or six (6) or more times within any three-hour period. Passing the control point a third or a sixth time, under the conditions stated herein, shall constitute "cruising" and, therefore, a violation of this chapter.
DESIGNATED ROADWAY -- See Schedule (§ 101-6).
TRAFFIC CONTROL POINT -- A reference point designated by signs to advise the public of the chapter along the designated roadway selected by the Chief of Police or a command superior officer for the purpose of enforcing this chapter.
§ 101-3. Cruising prohibited; operator of vehicle to be liable.
No person shall cruise. For the purposes of this prohibition, the person operating the vehicle shall be considered the person cruising.
§ 101-4. Applicability.
This chapter shall not apply to any vehicle licensed to or operated by a federal, state or municipal official while on official business; any public safety or emergency vehicle; or any vehicle utilized for public transportation, whether the same is a bus, taxicab or limousine.
§ 101-5. Violations and penalties.
Any person who violates any one (1) or more of the provisions of this chapter shall be subject to a fine of not more than five hundred dollars ($500.) for each separate offense and/or confinement in the Essex County Jail for a period of not more than ninety (90) days. In the case of a continuing violation or violations, a fine of not more than five hundred dollars ($500.) may be assessed for each day that said violation or violations continue unabated until such time as said violations are corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
§ 101-6. Schedule of designated roadways.
The following is the Schedule of Designated Roadways:
Schedule of Designated Roadways
Bloomfield Avenue and Grove Street in the vicinity of the Shopping Mall
Chapter 109, DRUG PARAPHERNALIA EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 4-2-1979 as Sec. 19-49 of the 1962 Code. Section § 109-2 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
§ 109-1. Prohibited activities.
A. No person shall advertise, display, sell or offer to sell any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
B. No person shall maintain any buildings, conveyance or premises whatsoever which is resorted to by persons for the sale, manufacture, distribution, display, dispensing, administration or use of any type of syringe, needle, eyedropper, spoon, pipe, testing kit, rolling paper or other paraphernalia or appliances designed for or ordinarily used in smoking, testing, weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et seq.
§ 109-2. Violations and penalties.EN
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment for a term not exceeding ninety (90) days, or both.
Chapter 111, DRY-CLEANING AND DRY-DYEING ESTABLISHMENTS EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 9 of the 1962 Code. Section 111-8 amended and § 111-A added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 87.
Business hours -- See Ch. 89.
Fire prevention -- See Ch. 125.
ARTICLE I, General Provisions
§ 111-1. Permits required.
Before any dry-cleaning or dry-dyeing plant is established or operated or before any such existing plant is remodeled, an application for a permit shall be filed with the Building Inspector and a permit obtained therefor. The application shall be accompanied by specifications and complete plans drawn to an indicated scale, showing the relative location of the dry-cleaning or dry-dyeing building, boiler room, finishing room or department and all machinery, apparatus and connected piping used in connection with the processes and including a sectional elevation of the building showing the lowest floor or pit and arrangement of such tanks and other apparatus, machinery and connected piping and fittings. If the plans and specifications indicate compliance with the requirements of the Fire Prevention Code adopted by § 125-8, they shall be approved by the Building Inspector and Fire Chief and a permit issued.
§ 111-2. Search of clothing.
All clothes, when received at a dry-cleaning or dry-dyeing plant, shall be thoroughly searched in the receiving room, and all foreign materials, especially matches and metallic substances, shall be removed.
§ 111-3. Disposal of lint and refuse.
Lint and refuse shall be removed from all traps after the close of the day's work, deposited in approved waste cans, removed from the premises and safely disposed of. At all other times, the trap covers shall be kept securely in place.
§ 111-4. Shutdown of ventilation system.
Upon the discovery of fire, the ventilating system of a dry-cleaning or dry-dyeing establishment shall be shut down immediately.
ARTICLE II, Establishments Using Nonflammable Liquids
§ 111-5. License required.
Before any dry-cleaning or dry-dyeing plant using nonflammable solvents is established or operated in the township, a license therefor shall be obtained from the Building Inspector, after application is made showing compliance with this Article and any other provisions of this Code or other ordinances of the township applicable thereto.
§ 111-6. Contents of license application.
The application for the license required by the preceding section shall state the kind of cleaning fluid or solvent to be used in such plant for cleaning, spotting, etc., and show the method of venting the cleaning units. No cleaning fluid or solvent shall be used for any purpose whatever in the licensed plant other than that stated in the application.
§ 111-7. Fumes.
Every unit for dry cleaning operated with any synthetic solvent or any liquid from which noxious or toxic fumes arise shall be so equipped that the gases therefrom shall be conveyed from such unit to a vent in the outer air outside of the plant and more than ten (10) feet from any window or door.
§ 111-8. Exempt establishments.EN
Dry-cleaning and dry-dyeing plants designated by the 1981 BOCA Code (Building Officials and Code Administrators International) are exempt from the provisions of this Article.
ARTICLE III, Coin-Operated and Self-Service Establishments
§ 111-9. Purpose.
As a legislative determination, it is deemed necessary to the safety, health and general welfare of the inhabitants of the township that certain coin-operated and self-service dry-cleaning machines and establishments within the township should be regulated and restricted, as set forth in this Article, in order to prevent injury and damage to persons and property in the township and to eliminate conditions dangerous to the safety, health and general welfare of the inhabitants of the township.
§ 111-10. Definitions.
As used in this Article, the following words, terms and phrases shall be defined and interpreted and shall have the meanings as stated in this section:
COIN-OPERATED OR SELF-SERVICE DRY CLEANING -- The cleaning of textiles, fabrics, garments or other articles by the use of any solvent other than water in a drycleaning unit designed to be used or used by the general public. For the purpose of this definition, the term "used by the general public" shall be deemed to refer to the insertion of such textiles, fabrics, garments or other articles into a drycleaning unit or the removal of the same from such unit by a person other than any employee of a dry-cleaning establishment or the person owning and operating such establishment.
CUSTOMER AREA -- That portion of the establishment to which the general public is permitted access.
MAINTENANCE AREA -- That portion of the establishment to which the customer is not permitted access and which is used for general maintenance and storage purposes.
PREMISES -- Any place, whether self-service or otherwise, maintained for use of and by the general public for the dry cleaning of clothing, apparel or other fabrics or household articles by or in automatic or coin-operated machines.
SOLVENT -- Any cleaning fluid which is free of additives to mask the odor, classified by the National Board of Fire Underwriters as nonflammable at ordinary temperatures, and not more toxic than the generally accepted threshold limit value for perchlorethylene, as promulgated by the American Conference of Governmental Industrial Hygienists.
§ 111-11. License required.
It shall be unlawful for any person to establish, maintain, conduct or operate a coin-operated or self-service dry-cleaning establishment in any premises in the township without first obtaining a license therefor, as provided in this Article.
§ 111-12. Application for license; contents.
An application for a license for the establishment of a coin-operated or self-service dry-cleaning establishment, accompanied by the license fees, shall be filed with the Township Clerk, in duplicate, on forms to be supplied by him, which forms shall include the following information:
A. The applicant's full name, residence, telephone number, post office address and whether such applicant is an individual, firm or corporation. If a partnership, the names and addresses of the partners shall be included. If a corporation, the names and addresses of the officers of the corporation shall be included.
B. The proposed location of the establishment.
C. The manufacturer of the machine, the trade name and the manufacturer's agent.
D. The name, address and authorized officer of the person engaged to install the equipment.
E. The names of maintenance personnel and their telephone numbers.
F. The signature of the applicant or its authorized officer.
G. The name and address of the owner of the premises, if other than the applicant.
H. The number of machines and type thereof to be installed and maintained in such premises.
I. A designation of an agent within the township upon whom civil or criminal process may be served.
J. Except in the case of renewal of a license, the applicant shall also furnish with such application five (5) copies of a plan showing the lot lines, the outline of the building, the floor plan of the premises to be licensed and the location of the machines and equipment to be installed therein, all drawn to scale.
§ 111-13. Review of application.
The Township Clerk, upon receipt of an application for a license under this Article shall forward one (1) copy of such application and four (4) sets of the plans to the Building Inspector of the township, who shall thereupon cause such examination to be made for the purpose of determining whether the provisions of this Article and all other applicable laws, ordinances and regulations are fully complied with. The Building Inspector shall furnish copies of such plans to the Health Department, Fire Department and Plumbing Inspector, who shall respectively examine such plans and the application accompanying them and shall approve or disapprove such plans and so notify the Building Inspector. In the event that any department disapproves such plans, the reasons for disapproval shall be set forth in writing and communicated to the Building Inspector. Upon the approval of such plans by all departments and by the Building Inspector, the Building Inspector shall approve such application, and the Township Clerk shall thereupon issue a license authorizing the applicant to establish, maintain, conduct or operate a coin-operated dry-cleaning establishment at the place and with the number of machines as designated and specified in the application for and during the period of such license. In the event that the Building Inspector or any department examining or reviewing such application or plans shall disapprove of the installation, the applicant shall be notified of the reasons for such disapproval, in writing.
§ 111-14. License fee; expiration; transferability.
A. Before any license under this Article shall be issued, the applicant shall first pay to the Township Clerk an annual license fee of ten dollars ($10.) for each machine installed or to be installed in the licensed premises.
B. Each license shall expire on the 31st day of December following the date of its issuance, unless sooner suspended or revoked, as provided in this Article.
C. Such license shall not be transferable from person to person or from the location for which it was originally issued to another location.
D. Fees for licenses issued after July 1 of any year shall be one-half (1/2) of the annual license fee.
§ 111-15. Revocation of license; hearing; notice.
The Building Inspector may, at any time, for violation of this Article or of any applicable law, regulation or ordinance or such other cause as the Building Inspector, upon investigation and after a hearing, deems sufficient, suspend or revoke any license granted under the provisions of this Article. Notice, in writing, of the proposed suspension or revocation and the reasons therefor and of the time and place of a hearing to be held thereon by the Building Inspector shall be served upon the licensee, either personally or by certified or registered mail to the business address given in the application, at least ten (10) days prior to the hearing. Whenever any license shall be so revoked, no refund of any unearned portion of the license fee shall be made. No license shall be granted to any person whose license has been revoked within a period of two (2) years from the date of such revocation, except in the discretion of the Building Inspector.
§ 111-16. Supervision of establishment.
All coin-operated or self-service dry-cleaning establishments shall have an attendant on the licensed premises at all times when the premises are open for business or public use. No coin-operated or self-service dry-cleaning machine shall be used by the general public except under the continuous, direct supervision of an employee or the owner of the coin-operated or self-service dry-cleaning establishment.
§ 111-17. Regulations for construction, operation and maintenance.
A. No coin-operated dry-cleaning license shall permit or allow such machines to be used by any person who is less than eighteen (18) years of age. A suitable sign indicating such age restriction shall be prominently posted and maintained on the premises.
B. Maintenance area.
(1) The public shall only be permitted access to that portion of coin-operated or self-service dry-cleaning machines which is necessary for use of those machines. The remaining portion of each machine shall be separated from the customer area by a partition in which there are grills or similar ventilation devices. This partitioned-off area shall be called the "maintenance area." The access door to the maintenance area shall be self-closing and locked to prevent access by the public.
(2) No person other than the licensee or his representative shall enter the maintenance area.
(3) The maintenance area shall not be interconnected with that of heating devices requiring air for combustion, such as gas dryers, water heaters and comfort heating devices.
C. Heating devices requiring air for combustion shall be installed in such fashion as to obtain air for combustion from the outside atmosphere.
D. Ventilation.
(1) Ventilation of establishments shall be effected by the drawing of air from the customer area through grills or other openings in the partition by means of exhaust fans operating in the maintenance area. Exhaust fans shall have a rated capacity of four hundred (400) cubic feet per minute per machine for normal use and one thousand (1,000) cubic feet per minute per machine for use in emergencies. The rated capacities of exhaust fans shall appear on this equipment or its nameplate. If air is being constantly exhausted as a built-in feature of the equipment, the rated capacity of the fan can be reduced by this amount. Air shall be replenished at a temperature not less than sixty degrees Fahrenheit (60° F.) as quickly as it is exhausted from the customer area.
(2) Each coin-operated or self-service dry-cleaning machine shall be equipped with an exhaust system that maintains a minimum velocity of one hundred (100) feet per minute through the loading door whenever the door is open. The duct work connections to this system shall be sealed (soldered or taped) and the discharge outlet extended to a minimum height of five (5) feet above the roofline and shall be located so that the effluent may not reenter the premises.
E. A concrete dike or metal pan or similar facility shall be installed at the location of each machine to collect and contain spillage. This facility shall be constructed of a material impervious to the solvent used. There shall be gutters leading to an underground storage tank of sufficient size to accept all solvent contained in all coin-operated or self-service dry-cleaning machines in the establishment. The gutters shall be arranged so as to cause solvent to drain into such tank by means of gravity flow. No such solvent shall be discharged into the sanitary or storm sewerage systems of the township.
F. The floor covering in the customer area shall be made of a material resistant to the solvents used in such machines.
G. All establishments shall meet the requirements of all established state and local laws, codes and regulations, including but not limited to air pollution, electrical wiring, plumbing, fire prevention, waste disposal, sanitation, solvent storage, food or beverage vending, hours of operation and presence of an attendant.
H. All coin-operated dry-cleaning establishments shall have two (2) exits, which shall be at least twenty-five (25) apart from each other and which shall lead directly to the outside.
I. A respirator, approved by the United States Bureau of Mines as affording protection against organic solvent vapors, shall be provided for and used by maintenance personnel during correction of leakages, cleaning of the system, removal of lint and muck bags and at all times when the odor of solvent is noticeable.
J. The customer area shall be equipped with a fire extinguisher approved for use against electrical or oil fires by the National Board of Fire Underwriters.
K. A step-by-step, readily legible instruction list for the operation of the machines shall be posted in a conspicuous location near the machine in the customer area. These instructions shall include a list of items not to be dry-cleaned in coin-operated or self-service dry-cleaning machines, such as those made in part or completely of plastic, rubber, leather, paper, fur, angora and urethane.
L. Each establishment shall post in a conspicuous location, readily visible from the outside of these premises, the telephone number to be called in the event of an emergency.
M. Each machine shall be provided with an interlock system to prevent the loading door from being opened during the normal cycle or in the event of a power failure. This system may be either electrical or mechanical.
N. No machine shall be permitted to be operated in a coin-operated or self-service dry-cleaning establishment which, in normal operation, fails to eliminate all vapors from the cleaned items upon completion of the dry-cleaning cycle.
O. Immediate action shall be taken to eliminate solvent odor in the customer area. Failure to take such action shall be just cause for closing the establishment. Vapors or odors from establishments shall be exhausted in such manner as not to constitute air pollution, as defined by statute.
P. No person shall use spotting equipment containing flammable material in a coin-operated or self-service dry-cleaning establishment.
Q. Each machine shall be inspected each day it is in operation and kept in good repair by maintenance personnel. A record shall be kept in the maintenance area of all inspections and repairs made.
R. Solvents shall be kept in closed airtight containers and shall be handled in such manner as to prevent the escape of odors.
S. Each day, or after the specified number of cycles recommended by the manufacturer, dry-cleaning machines shall be serviced, including but not limited to:
(1) Adding charged solvent to restore the main supply.
(2) Cleaning the button trap and the lint bag, trap or screen.
(3) Cleaning the tank sump and removing the sludge.
(4) Adding filter aids to dispensers.
(5) Resetting the cycle counter, if one is provided.
(6) Emptying the water from the separator.
T. All installations shall be equipped with a water-conserving device for recirculating the water, if any, used in the dry-cleaning operation. No such water shall be discharged into the sanitary or storm sewerage system of the township.
U. Only the solvent specified by the equipment manufacturer shall be used.
V. Coin-operated or self-service dry-cleaning plants shall utilize only solvents classified as nonflammable or as nonflammable at ordinary temperatures and uses.
W. All coin-operated or self-service dry-cleaning establishments shall prominently display lighted indoor signs warning the general public of the danger of excessive solvent vapor inhalation and skin irritation from unevaporated dry-cleaning solvent.
§ 111-18. Hours of operation.EN
No coin-operated or self-service dry-cleaning establishment shall operate or be open for business between the hours of 10:00 p.m. and 7:30 a.m. of the succeeding day. It shall be unlawful to operate the same on Sunday.
§ 111-19. Violations and penalties.EN
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or to imprisonment for a term not to exceed ninety (90) days, or both.
Chapter 113, DWELLINGS, UNFIT EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 11-19-1962 as Ch. 7, Art. V, of the 1972 Code. Section 113-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 87.
Housing standards -- See Ch. 159.
Property maintenance -- See Ch. 203.
Zoning -- See Ch. 271.
Unfit buildings (Board of Health) -- See Ch. 292.
§ 113-1. Enforcement official designated. [Amended 11-15-1965]
The Director of Inspections of the township is hereby designated as the officer to exercise the powers prescribed by the within chapter, and he shall serve in such capacity without any additional salary.
§ 113-2. Determination of dwelling as unfit. [Amended 11-15-1965]
For the purpose of the within chapter, the Director of Inspections may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the township. Such conditions may include the following, without limiting the generality of the foregoing:
A. Defects therein increasing the hazards of fire, accident or other calamities.
B. Lack of adequate ventilation, light or sanitary facilities.
C. Dilapidation.
D. Disrepair, structural defects or uncleanliness.
§ 113-3. Adoption of standards.
A. Pursuant to the provisions of Chapter 21 of the Laws of 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use.
B. A copy of the New Jersey State Housing Code is annexed to this chapter, and three (3) copies of the same have been placed on file in the office of the Township Clerk and are available to all person desiring to use and examine the same.
§ 113-4. Filing of complaints; notice and hearing. [Added 11-1965]
Whenever a petition is filed with the Director of Inspections by a public authority, as defined in N.J.S.A. 40:48-2.4, or by at least five (5) residents of the municipality charging that any dwelling is unfit for human habitation, as herein defined, or whenever it appears to the Director of Inspections, on his own motion, that any dwelling is unfit for human habitation, as herein defined, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Director of Inspections or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of such complaint, that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaints and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Director of Inspections.
§ 113-5. Order to repair or remove. [Amended 11-15-1965EN]
If, after such notice and hearing, the Director of Inspections determines that the dwelling under consideration is unfit for human habitation, as herein defined, he shall state, in writing, his findings of fact and serve upon the owner thereof and parties in interest an order requiring:
A. The repair, alteration or improvement of the building to be made by the owner within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or to have such building vacated and closed within the time set forth in the order.
B. If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, that the owner remove or demolish said building within a reasonable time as specified in said order of removal.
C. That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Director of Inspections may cause such building to be repaired, altered or improved or to be vacated and closed and that the Director of Inspections may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupancy of this building is prohibited and unlawful."
D. That, if the owner fails to comply with an order to remove or demolish the building, the Director of Inspections may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
E. That the amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this chapter determined in favor of the municipality, and such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Director of Inspections, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Collector or other custodian of the records of tax liens, and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Director of Inspections, shall be secured in such manner as may be directed by such Court and shall be disbursed according to the order or judgment of the Court to the persons found to be entitled thereto by final order or judgment of such Court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within sixty (60) days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
§ 113-6. Service of complaints and orders. [Amended 11-15-1965]
Complaints or orders issued by the Director of Inspections pursuant to this chapter shall be served upon persons either personally or by registered mail, but, if the whereabouts of such persons is unknown and the same cannot be ascertained by the Director of Inspections in the exercise of reasonable diligence and the Director of Inspections shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the County of Essex. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the dwelling is located.
§ 113-7. Powers and duties of Director of Inspections. [Amended 11-15-1965]
The Director of Inspections is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following, in addition to others herein granted:
A. To investigate the dwelling conditions in the township in order to determine which dwellings therein are unfit for human habitation.
B. To administer oaths and affirmations, examine witnesses and receive evidence.
C. To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this chapter.
E. To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
§ 113-8. Scope and effect of chapter.
Nothing in this chapter shall be construed to abrogate or impair the power of the township or any officer or department to enforce any provisions of its Charter or its ordinances or regulations or to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the township by any other law or ordinance.
Chapter 117, FEES
[HISTORY: Adopted by the Council of the Township of Bloomfield. Art. I, 4-18-1988. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 87.
Condominium conversions - See Ch. 97.
Site plan review -- See Ch. 225.
Subdivision of land -- See Ch. 234.
ARTICLE I, Escrow Fees [Adopted 4-18-1988]
§ 117-1. When required.
A. In addition to required application fees, an applicant for development for approval of a subdivision, site plan, conditional use, zoning variance, rezoning and other forms of development authorized or required by ordinance or statute shall be required to establish with the township an escrow account for the purpose of paying and/or defraying the township's cost and expenses for professional services in reviewing the application.
B. Professional services contemplated hereunder shall include but not be limited to the following:
(1) Engineering review.
(2) Construction Official review.
(3) Professional planners, consultants and advisors to the Planning and/or Zoning Board of Adjustment.
(4) Any other professional or consultant hired or engaged by the Planning Board and/or Zoning Board to aid or assist it in reviewing, evaluating and acting upon development applications, including the hiring of experts for reports and testimony, if deemed appropriate and necessary.
§ 117-2. Waivers; exemptions.
A. The Secretary of the Planning and Zoning Board shall have the authority to waive the posting of escrow fees on any application for development which is of such limited scope that it will not tax the township staff and where no need for outside professional services is anticipated.
B. As a general guideline, any minor subdivision comprising a total area of less than one (1) acre or any variance, site plan or conditional use with a total construction value of two hundred thousand dollars ($200,000.) or less would be exempt from this Article.
§ 117-3. Determination of amount.
A. The amount of moneys required to be placed in escrow under § 117-1 shall be one percent (1%) of the total estimated cost of construction of improvements, including buildings, rounded to the nearest one hundred dollars ($100.). The maximum escrow deposit shall be four thousand dollars ($4,000.).
B. If the cost of the review services outlined in § 117-1 of this Article exceeds the amount of the deposit, sufficient additional funds shall be deposited before final action is taken on the application.
§ 117-4. Procedure for payment.
A. All escrow fees shall be paid upon application in the form of cash or a check made payable to the Township of Bloomfield. These fees will be paid separate from the required application fee.
B. Escrow fees will be deposited with the Township Treasurer and shall be set up in an escrow account. Such funds need not be segregated from other escrow accounts established hereunder but may be mingled and combined into one (1) or more accounts.
C. After final disposition of the development application, the professionals involved shall submit to the Secretary a detailed statement of services rendered and the cost or value thereof.
D. The Secretary shall review these statements and approve, disapprove or modify the same and shall certify to the Township Treasurer the amount finally fixed as the reasonable cost and/or value of professional services rendered in connection with a development application. Notice of the amount finally fixed shall be given to the applicant.
E. The Township Treasurer shall then transfer from the escrow account to the township's general funds or, if applicable, shall pay over to outside independent professionals or consultants, upon voucher duly submitted and approved, the amount so fixed by the Secretary.
F. Any moneys not needed for the above purposes shall be refunded to the applicant after final disposition.
§ 117-5. Cost of court reporter.
If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
Chapter 120, FENCES EN
[HISTORY: Adopted by the Council of the Town (now Township) of Bloomfield 9-7-1976. Section 120-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction -- See Ch. 87.
Obstruction of vision -- See Ch. 230, Art. VIII.
Zoning -- See Ch. 271.
§ 120-1. Word usage and definitions.
A. Where not inconsistent with the contents, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
FENCE -- Any structure of wood, stone, metal or other material erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions or to separate two (2) continguous pieces of land.
FRONT YARD -- Space between the building setback line and the front property line, extending across the full width of the lot. For the purpose of this chapter, yard areas bounded by public streets shall come under the control of the "front yard" provisions of this chapter.
PERSON -- An individual or individuals, corporation, partnership or estate owning premises on which a fence is erected or maintained or any tenant in control of such premises.
REAR YARD -- The space between the rear wall of the principal building and the rear property line of the lot, extending across the full width of the lot.
SIDE YARD -- An open, unobstructed space between the building and the side line of the lot and extending to the rear yard.
§ 120-2. Height restrictions.
A. After the effective date of this chapter, no fence shall be erected or maintained in excess of four (4) feet in height in the front and side yard and a maximum of six (6) feet in height in the rear yard in any district designated as residential or business under the Zoning Ordinance of the Township of Bloomfield,EN except as hereinafter provided.
B. After the effective date of this chapter, no existing fence in any district designated as residential or business under the Zoning Ordinance of the Township of BloomfieldEN shall be changed or altered so as to increase its height in excess of four (4) feet in the front yard and side yard and six (6) feet in the rear yard.
§ 120-3. Nonconforming fences.
Any fence in excess of four (4) feet in the front and side yards and in excess of six (6) feet in the rear yard, existing as of the effective date of this chapter, may be so maintained or repaired in the event of partial destruction, but, in the event that such fence is completely destroyed or removed, any fence thereafter constructed to replace it shall conform to the height requirements of this chapter.
§ 120-4. Exceptions.
This chapter shall not apply to fences erected in connection with school yards, playgrounds, public buildings and athletic or recreation fields.
§ 120-5. Certain fences prohibited.
A. No fence shall be erected that would create a hazard, either by the manner of construction or the materials used, or that may cause injury due to jagged end surfaces, spikes or points.
B. No fence shall be erected of nonstandard materials that may be considered makeshift, create an eyesore or cause an annoyance.
C. No fence shall be erected that encroaches upon the public right-of-way.
§ 120-6. Maintenance of fences.
Fences must be maintained, painted and kept in good repair.
§ 120-6.1. Placement of fences. [Added 6-5-1989]
All fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties or the street.
§ 120-7. Fences in front yards.
No solid fence shall be erected in the front yard setback area as established by the Zoning Ordinance of the Township of Bloomfield.EN Fences in the front yard setback area shall have a minimum of sixty percent (60%) open construction with a maximum height of four (4) feet.
§ 120-8. Fences in excess of height limitations.
Special application may be made, in writing, to the Township Council of the Township of Bloomfield for permission to erect a fence in excess of the height limit herein provided. Such permission may be granted by the Township Council if it deems that additional height is necessary for the public health, safety or welfare. Such application shall be made by an application for a building permit to be filed with the Chief Building Inspector of the Township of Bloomfield, who shall submit his recommendations relating to such an application to the Township Council of the Township of Bloomfield.
§ 120-9. Permit required; fees. [Amended 2-18-1992]
No person shall install or construct a fence in excess of four (4) feet within the Township of Bloomfield without first having obtained a permit from the Building Inspector and having paid the required fee. The fee for a fence permit shall be twelve dollars ($12.) per one thousand dollars ($1,000.) of the estimated cost of work, provided that the minimum fee shall be forty dollars ($40.).
§ 120-10. Administration and enforcement.
This chapter shall be administered and enforced by the Chief Building Inspector of the Township of Bloomfield and his assistants.
§ 120-11. Construal of provisions.
This chapter shall not supersede the following provisions of existing township ordinances:
A. Building Code, Article IV, Section 401, Subsection 6(h).
B. Chapter 230, Article VIII, Obstruction of Vision, of the Bloomfield Township Code.
C. Section 4.3.8. of the 1973 Zoning Ordinance of the Township of Bloomfield.EN
§ 120-12. Violations and penalties. [Amended 11-2-1987]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars ($1,000.) or by imprisonment not exceeding ninety (90) days, or by both said fine and imprisonment, at the discretion of the Municipal Judge. Each day that a violation shall continue shall constitute a separate offense.
Chapter 122, FIBER OPTIC CABLES
[HISTORY: Adopted by the Township Council of the Township of Bloomfield 6-17-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Public utilities -- See Ch. 62.
Site plan review -- See Ch. 225.
Streets and sidewalks -- See Ch. 230.
Subdivision of land -- See Ch. 234.
Zoning -- See Ch. 271.
Cable television -- See Ch. A360.
§ 122-1. Findings; purpose; imposition of standards. [Amended 6-2-1997]
The Township Council finds and determines as follows:
A. The Township of Bloomfield frequently receives requests from various business entities engaged in fiber optic cable communications industry seeking the township's approval for the use of township streets, other municipally owned property and, in some instances, existing easements which previously have been granted by the township to public utilities for the purpose of installing overhead and/or underground cables, conduits, wires and similar equipment. In the instances involving previously granted easements granted to the public utilities, such easements typically were granted many years ago for nominal consideration.
B. Such requests appear to be a part of the beginning stages of the information super-highway network forecast for our country.
C. Requests of the kind described involve substantial review by the Engineering and Law Departments before approvals can be granted, often involve the excavation of township streets, the provision of additional police services during installation with the concomitant disruption of traffic and public inconvenience and also involve additional time and expense for inspection and expense arising out of potential liability.
D. The township desires to be supportive of the emerging innovative technology that fiber optic cable offers to its users, but not at the expense of burdening township taxpayers.
E. The imposition of a reasonable fee for approvals, permits or subeasements which are approved and granted will balance the needs of the business and of the township and its taxpayers and promote the public safety and welfare.
F. No grant of approval authorized by this chapter shall be deemed to authorize the holder of said approval to utilize its telecommunications system within the Township of Bloomfield to provide video programming services to customers.
G. Every grant of approval authorized by this chapter shall require the holder of said approval to comply with the Underground Facility Protection Act, P.L. 1994, c. 118,EN in the installation of its system and in providing notification of the location of its system when installed.
§ 122-2. Application; enumeration of standards. [Amended 6-2-1997]
In order to implement the purpose of this chapter, the application and the fee provided hereafter shall apply:
A. Every applicant for the installation of the fiber optic cable or for the use of a public utility easement shall submit to the Township Engineer:
(1) A plat showing the proposed location of the fiber optic cable installation.
(2) A depiction indicating whether the proposed installation is overhead or underground.
(3) Copies of all easements proposed to be used which have previously been granted to utilities.
(4) All consents for the use of any such easements by the applicable utilities.
B. Every application recommended for approval by the Township Engineer, after approval by the Township Council will require as a condition thereof the following:
(1) Payment of an application fee payable to the Township of Bloomfield in the amount of $1,000, which shall include the cost for administration and any required permits.
(2) Payment of a review fee not to exceed $300 payable to the Township of Bloomfield for review and recommendation of the proposed construction plans.
(3) A certificate of insurance naming the township as an additional insured for general liability coverage in the amount of at least $2,000,000.
(4) An indemnification agreement, properly executed by the applicant, which shall hold the township, its officers, agents and employees harmless from any loss, claim or damage arising out of the installation, maintenance or use of the fiber optic cable installed by the applicant, the form of said agreement to be approved by the Township Attorney.
(5) In instances where an easement for underground installation is approved, an agreement that the easement holder will permit the township to use the holder's easement without consideration for the installation of fiber optic cable for the township operations, provided that said installation will not interfere with any fiber optic cable the easement holders may have previously installed in the easement area.
C. In any instances in which the holder of an existing easement requires that an applicant hereunder obtain municipal approval or consent by ordinance, the applicant shall pay to the Municipal Clerk, in addition to the fee established in § 122-2B(2) hereof, an ordinance fee of $150, which shall cover the cost of advertising the ordinance prior to adoption and the cost of advertising the notice of adoption of the ordinance subsequent to adoption. In the absence of any such requirement for an approval by ordinance, said approval shall be by resolution adopted by the governing body.
D. No grant of approval authorized by this chapter shall be deemed to authorize the holder of said approval to utilize its telecommunications system within the Township of Bloomfield to provide video programming services to customers.
E. Every grant of approval authorized by this chapter shall require the holder of said approval to comply with the Underground Facility Protection Act, P.L. 1994, c. 118,EN in the installation of its system and in providing notification of the location of its systems when installed.
Chapter 123, FILMING
[HISTORY: Adopted by the Council of the Township of Bloomfield 4-2-1991. Amendments noted where applicable.]
GENERAL REFERENCE
Fire prevention and protection -- See Ch. 125.
Noise -- See Ch. 183.
Off-street parking -- See Ch. 187.
Peace and good order -- See Ch. 192.
§ 123-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING -- The taking of still or motion pictures, either on film, videotape or similar recording equipment, for commercial or educational purposes, intended for viewing on television or in theaters or for institutional use or for advertising purposes
PUBLIC LANDS -- Any and every public street, highway, sidewalk or square, public park or playground or other public place within the borough which is within the jurisdiction and control of the township.
§ 123-2. Permit required; application.
A. No person, firm or corporation shall film or permit filming within the Township of Bloomfield without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when filming shall take place.
B. Permits shall be obtained in the office of the Township Clerk during normal business hours. Applications for such permits shall be in a form approved by the Township Clerk and shall be accompanied by a permit fee as set forth in § 123-14. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.
C. Where filming takes place on private property, permission of the owner must be obtained in writing.
D. One (1) permit shall be required for each location.
§ 123-3. Frequency restricted.
No permit shall be issued for filming at a particular location in a residential zone within the Township of Bloomfield which would permit filming at said location on more than four (4) days during any one (1) calendar year.
§ 123-4. Insurance; indemnification.
No permit shall be issued for filming upon public lands within the Township of Bloomfield unless the applicant for such permit:
A. Provides proof of insurance coverage as follows: for bodily injury for any one (1) person, in the amount of five hundred thousand dollars ($500,000.); and for any aggregate occurrence, in the amount of one million dollars ($1,000,000.).
B. Agrees, in writing, to indemnify and save harmless the Township of Bloomfield from any and all liability or damages from the use of such public lands.
§ 123-5. Interference with pedestrians and traffic.
The holder of a permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Bloomfield Police Department with respect thereto.
§ 123-6. Inconvenience to property owners; noise; parking.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.
§ 123-7. Interference with other activities.
The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.
§ 123-8. Minimization and removal of debris.
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first.
§ 123-9. Permitted days and hours.
Filming shall be permitted only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier, in residential zones.