reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-7.2 - Arranging ballots for general election.

40:45-7.2 Arranging ballots for general election.
2. Whenever a municipality has passed an ordinance pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the clerk of the county in which the municipality is located shall arrange the ballot for each subsequent general election to:
a. include those candidates for election to public office in the municipality that has adopted a form of government that provides for the holding of a regular municipal election on the second Tuesday in May but will be holding that election at the general election in November;
b. ensure that there is a clear separation between each candidate described in subsection a. of this section, each candidate for another public office who has been nominated for that office by a political party in the immediately preceding primary election and each candidate nominated directly by petition, so that there is no discernable alignment between candidates otherwise elected at a regular municipal election, candidates nominated by a political party for any other public office and candidates nominated directly by petition; and
c. follow such provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) as the clerk may deem feasible.
L.2009, c.196, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-9 - Individual certificates of nomination.

40:45-9 Individual certificates of nomination.
5. a. The municipal clerk shall furnish, upon request, a reasonable number of forms of individual certificates of nomination.
b. Each certificate shall contain the name of one candidate, and no more. Each signer must not, at the time of signing the certificate, have signed more certificates for candidates for that office than there are places to be filled for the office. Where ward councilmen are to be elected, no petitioner shall sign more than one certificate for ward council, and the candidate named in the petition shall reside in the same ward as the signer. All certificates not complying substantially with this act shall be rejected.
c. When a petition of nomination is presented for filing to the municipal clerk, he shall examine it and ascertain whether or not it conforms to the provisions of this act and, where applicable, the provisions of the general election laws. If it does not conform, he shall retain the petition and notify the person nominated of the defect, by written notice delivered to him personally or by certified mail to his place of residence stated in the petition.
d. Where the nominating petition, or any affidavit or affidavits thereto is found defective, the candidate named therein may file such amendment or amendments as may be necessary to eliminate the defect, whether of matters of substance or form, and when so amended the effect shall be as if the petition had been originally filed in the amended form. After the last day for the filing of the original petition, no amendment may be made for the purpose of adding the name of any person who did not sign the original petition, nor shall any amendment be made at any time for the purpose of changing the name of the candidate or the office for which he was to be nominated. No amendment to a nominating petition shall be made and filed less than 72 days before the election.
L.1981, c.379, s.5; amended 1985, c.92, s.35; 2011, c.37, s.33; 2023, c.124, s.18.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-10 - Designation of candidate on ballot

40:45-10. Designation of candidate on ballot
Any candidate whose name is to be printed on the ballot may petition the municipal clerk to print, opposite his name on the ballot, such designation, in not more than six words, as requested by him in the petition, for the purpose of indicating either an official act or policy to which he is pledged or committed. The designation shall not indicate political party affiliation. On the filing of the petition the clerk shall cause the designation to be printed opposite the name of the candidate upon the ballot. If several candidates for the same office shall petition that their names be grouped together and that the one designation named by them shall be printed opposite their names, the clerk shall group their names in a bracket, and opposite the bracket shall print the designation. Petitions requesting a designation or grouping of candidates shall be filed with the clerk on or before the last day fixed for filing the petition for nomination. If two candidates or groups select the same designation, the clerk shall notify the candidate or group whose petition was last filed, and that candidate or group shall select a new designation.
L.1981, c. 379, s. 6, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-10.1 - Designation of committee on vacancies

40:45-10.1. Designation of committee on vacancies
When several candidates for the office of commissioner petition that their names be grouped together and that one designation named by them shall be printed opposite their names pursuant to section 6 of P.L.1981, c.379 (C.40:45-10), the candidates whose names are to be grouped in a bracket pursuant to that section may file with the clerk of the municipality a designation, in writing, of the names of three persons as a committee on vacancies.
A committee on vacancies established pursuant to this act shall have the power if a vacancy arises by death, resignation or otherwise, of any of the candidates included in said group, to fill the vacancy by filing with the clerk of the municipality the name of the candidate in the place of the person whose death, resignation or other occurrence caused the vacancy.
Any such designation to fill a vacancy shall have the same force and effect as an original petition of nomination.
To be effective, any designation by the committee on vacancies must be filed with the clerk of the municipality not less than 10 days before the election is to be held. In the event a vacancy occurs within 10 days of the election, any filing with the clerk of the municipality of a designated substitute candidate shall be made forthwith, and said designee shall be placed on the ballot if it is feasible to do so. The procedure and the manner and method of placing the name of any substituted candidate on the ballot and of the election of the candidates for the office, as nearly as practicable, shall be in accordance with the provisions of Title 19 of the Revised Statutes applicable in the case of vacancies in other offices to be filled at elections.
Nothing in this section shall prevent the filling of vacancies in any other manner authorized by Title 19 of the Revised Statutes, except that a candidate in a group bracket, who joins in the designation of a committee on vacancies under the provisions of this act, may not participate in any other method for filling a vacancy in his candidacy for commissioner.
L.1991,c.61,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-11 - Nomination for one office only

40:45-11. Nomination for one office only
No person shall accept nomination for more than one municipal office to be voted for at a regular municipal election to be held under this act.
L.1981, c. 379, s. 7, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-12 - Order of names of candidates on ballot; drawing lots

40:45-12. Order of names of candidates on ballot; drawing lots
The municipal clerk shall draw lots to determine the order in which the names of the candidates or groups of candidates shall appear upon the ballots. The name of the person or group of candidates first drawn shall occupy first place on the ballot, or voting machine, and the name of the person or group of candidates next drawn shall occupy second place, and so forth. For the purpose of conducting the drawing by lot paper cards with the name of each candidate or group of candidates written thereon shall be placed in a covered box with an aperture in the top large enough to allow the cards to be withdrawn. The municipal clerk in the presence of any candidate shall draw from the box each card without knowledge on his part as to which card he is drawing. The municipal clerk shall at least 2 days prior to the drawing notify each candidate by registered mail of the time and place of the drawing. The candidate or his representative shall have the right to examine the cards prior to their being placed in the covered box.
L.1981, c. 379, s. 8, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-13 - Publication of names of candidates

40:45-13. Publication of names of candidates
Within 10 days after the expiration of the time for filing certificates, statements and petitions for candidates, and the drawing for position, the municipal clerk shall cause the names of the candidates as they are to appear upon the ballots to be published in proper form once in each of two newspapers having circulation in the municipality and published in this State.
L.1981, c. 379, s. 9, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-14 - Persons with same name; statement of identification on ballot

40:45-14. Persons with same name; statement of identification on ballot
When persons bearing the same name are nominated for the same office, either person may file with the municipal clerk a statement in writing containing not more than six words as a means of identification. The statement or designation shall be printed upon the official ballot to be used at the election.
L.1981, c. 379, s. 10, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-15 - Ballots; printing and authentication; contents; delivery.

40:45-15 Ballots; printing and authentication; contents; delivery.
11. In the case of a regular municipal election occurring on the second Tuesday in May, the municipal clerk shall cause the ballots to be printed and authenticated by the clerk's signature. Upon the ballots shall be printed the title of each office to be filled. Under each of the titles of office shall be printed the names of the candidates for each office with a square to the left of each name. Below the names of the candidates for each office the words "vote for (insert number of positions to be filled at the election)." The ballot shall be printed upon plain, substantial white paper, and shall be substantially in the following form:
"Municipal election of (insert name of municipality), county of (insert name of county), held (insert the date of the election). To vote for any person make a cross ( x ) or plus (+) or a check ( X ) mark in the square preceding the name. Vote for only as many persons as there are officers to be elected. If you wrongly mark the ballot, tear or deface it and return it to election officer and obtain a new ballot."
Blank spaces equal to the number of offices to be filled shall be left below the printed names of the candidates for each office to be voted, wherein the voter may write the name or names of any person or persons for whom he may wish to vote.
The municipal clerk shall deliver ballots to the election officials at each polling place equal in number to 110% of the number of registered voters in each election district, except that where voting machines are used ballots shall be furnished as otherwise provided by law.
In the case of a regular municipal election occurring on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), ballots shall be printed and delivered as otherwise provided by law.
L.1981, c.379, s.11; amended 2009, c.196, s.6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-16 - Count of ballots; statement of returns; canvass

40:45-16. Count of ballots; statement of returns; canvass
The district boards of registry and election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in the election district for each of the candidates in the manner provided by law for the general election, and return the numbers to the municipal clerk immediately upon the completion of the count, upon proper blanks to be furnished by the clerk. In counties having a superintendent of elections one of the returns shall be made available immediately to the superintendent of elections. The superintendent may arrange to accept the statement of returns in each municipality within the county at the office of the clerk of the municipality or some other convenient place. On the day following the municipal election, the municipal clerk shall canvass all returns received from the election districts and the absentee ballots, and immediately make and file in his office the result thereof. The canvass by the municipal clerk shall be publicly made.
L.1981, c. 379, s. 12, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-17 - Number of votes for election; commencement of term of office.

40:45-17 Number of votes for election; commencement of term of office.
13. At the regular municipal election in any municipality which has adopted this act, the candidates receiving the greatest number of votes cast shall be elected to the respective offices. Except as otherwise provided by law, the term of office of any officer elected pursuant to this act shall begin on July 1 next following election. If a regular municipal election is held on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of any officer elected shall begin on January 15 next following election.
L.1981, c.379, s.13; amended 1983, c.183, s.3; 2009, c.196, s.7; 2023, c.124, s.19.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-19 - Run-off elections; votes necessary for election.

40:45-19 Run-off elections; votes necessary for election.
15. In any regular municipal election held under section 14 of P.L.1981, c.379 (C.40:45-18), if a sufficient number of candidates do not receive a majority of the votes cast to elect the required number of councilmen-at-large (or commissioners, or village trustees) or no candidate for mayor or no candidate for ward councilman receives a majority of the votes cast for his respective office, a run-off election in the municipality or ward, as the case may be, shall be held on the fourth Tuesday next following that municipal election; unless in any year that Tuesday shall be the date upon which a primary election shall be held, in which case the run-off election shall be held on the fifth Tuesday next following the municipal election. Alternatively, the run-off election shall be held at a special election on the subsequent Tuesday next after the first Monday in December in the case of a regular municipal election occurring on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1).
At the run-off election, the candidates for councilman-at-large (or commissioner, or village trustee) shall be those candidates not elected at the regular municipal election who received the greatest number of votes at that election, but the candidates shall be equal in number to twice the number of councilmen-at-large (or commissioners, or village trustees) remaining to be elected. The candidates for mayor or ward councilmen at the run-off election shall be the two candidates for the office who received the greatest number of votes at the regular municipal election. Military service ballots shall be printed and distributed for the run-off election in the same manner, so far as possible, as for other municipal elections.
The candidate or candidates who receive the greatest number of votes at the run-off election shall be elected to the office or offices to be filled. If two or more candidates shall be equal and greatest in votes for any of the purposes of this section, they shall draw lots to determine which one shall enter the run-off election, or be elected, as the case may be.
If any candidate to be voted for at the run-off election dies seven or more days prior to the run-off election, the candidate for the office not theretofore included in the run-off election, but next highest in number of votes for that purpose shall be substituted at the run-off election in the place of the deceased candidate and his name shall be substituted on the ballots for that of the deceased candidate.
L.1981, c.379, s.15; amended 1982, c.13, s.1; 1990, c.17, s.3; 1995, c.97, s.3; 2009, c.196, s.8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45-20 - Continuation of provisions for run-off elections

40:45-20. Continuation of provisions for run-off elections
Any municipality in which, immediately prior to the effective date of this act, run-off elections were required to be held pursuant to the plan or form of government, or charter, of the municipality, shall, on and after the effective date of this act, be governed by the provisions of sections 14 and 15 of this act for so long as it continues to be governed by that plan or form of government, or that charter, except as provided in section 17 of this act.
L.1981, c. 379, s. 16, eff. Jan. 1, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:45A-1 - Date, time of annual organization, reorganization meeting.

40:45A-1 Date, time of annual organization, reorganization meeting.
1. a. Notwithstanding any other provision of law, the governing body of a municipality in which any of the members of the governing body are elected for terms commencing January 1 may, by resolution, fix the date and time of its annual organization or reorganization meeting at 12 o'clock noon on January 1, or at some other hour on any day during the first week in January.
b. The governing body of a municipality in which any of the members of the governing body are elected for terms commencing January 15 may, by resolution, fix the date and time of its annual organization or reorganization meeting at 12 o'clock noon on January 15, or at some other hour on any day during a seven-day period beginning on January 15.
L.1956,c.176,s.1; amended 1964, c.80; 1981, c.79, s.1; 2000, c.126, s.12; 2023, c.124, s.20.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-39 - Optional Municipal Key Positions Law; short title

40:46-39. Optional Municipal Key Positions Law; short title
This act shall be known as the "Optional Municipal Key Positions Law."
L.1950, c. 211, p. 524, s. 1, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-40 - Adoption of act

40:46-40. Adoption of act
Any municipality may, by referendum as hereinafter provided, adopt the provisions of this act and be governed thereby.
L.1950, c. 211, p. 524, s. 2, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-41 - Definitions

40:46-41. Definitions
For the purposes of this act, unless the context clearly requires another meaning:
(a) "Committee" shall mean the Committee on Certification of Local Officers created by this act.
(b) "Appointing authority" shall mean any officer, board or governing body of any municipality empowered to make appointments.
(c) "Key position" shall mean the following offices or positions in a municipality governed under this act: municipal clerk; tax assessor, or board of assessors; tax collector (or receiver of taxes) by whatever title he may be known; and such other appointive officers as may by general law now or hereafter have or be entitled to acquire any protection against removal in their tenure of office, provided that key positions shall not include policemen, firemen, teachers and other school district employees and any person holding any office or position for which a license is or may be required by law prior to appointment.
L.1950, c. 211, p. 524, s. 3, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-42 - Certificate of qualification

40:46-42. Certificate of qualification
In any municipality governed under this act, no person holding a key position in such municipality shall hereafter acquire any protected tenure of office provided by general law unless and until he shall have obtained a certificate of qualification as herein provided.
L.1950, c. 211, p. 525, s. 4, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-43 - Committee on Certification of Local Officers

40:46-43. Committee on Certification of Local Officers
There is hereby created a Committee on Certification of Local Officers. The committee shall consist of the Director of the State Division of Local Government and four municipal officials to be appointed by the Governor to serve for a term of four years and until the appointment and qualification of their respective successors.
No member shall receive any additional compensation for service on the committee; but members shall be reimbursed out of funds appropriated to the Department of Local Government for necessary expenses incurred in pursuance of duties as members of the committee. The committee shall organize, adopt rules of procedure, and shall annually select one of its members as chairman.
L.1950, c. 211, p. 525, s. 5, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-44 - Duties; standards of proficiency; certificates of qualification; training programs

40:46-44. Duties; standards of proficiency; certificates of qualification; training programs
Subject to the provisions of this act and other applicable laws, the committee shall:
(a) establish and define standards of proficiency and competence for key positions, not inconsistent with the provisions of law;
(b) provide and issue certificates of qualification to applicants who have successfully taken such noncompetitive examinations and met such standards of character, health, training and achievement as the committee may determine to be reasonably required for fully competent performance of the duties of each key position with due regard to the nature and character of the work and to the training and achievement of persons generally engaged in such work;
(c) formulate or propose in-service training programs for persons holding key positions;
(d) have such other powers and perform such other duties as may be prescribed by this act, or otherwise by law.
L.1950, c. 211, p. 525, s. 6, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-45 - Examination of applicants; certificates of qualification

40:46-45. Examination of applicants; certificates of qualification
Upon request of any person holding a key position in any municipality governed under the provisions of this act who has served in such key position for a period of at least ten years from the date of his appointment, the committee shall within a reasonable time examine such applicant and issue certificates of qualification to those found qualified. The committee may require attendance upon and successful completion of one or more programs of in-service training for the certificate of qualification authorized by this act.
L.1950, c. 211, p. 526, s. 7, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-46 - Powers of committee

40:46-46. Powers of committee
For the purposes of this act, the committee may:
(a) use the facilities of State departments as may be necessary or desirable to carry out any of the purposes or requirements of this act;
(b) use such municipal, school, and other public buildings, facilities and personnel as may be made available to it;
(c) make, modify, amend and repeal such rules and regulations as may be necessary to carry out the purposes of this act;
(d) issue certificates of proficiency, training, or qualification signed by the chairman of the committee and attested by the Secretary of State;
(e) appoint advisory committees to serve without compensation, and designate specially qualified persons to assist the committee for a limited period;
(f) designate an executive secretary within the Department of Local Government and appoint such other personnel as may be required for the performance of its functions pursuant to this act within the limits of the available appropriations.
L.1950, c. 211, p. 526, s. 8, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-47 - Delegation of powers and duties; information and assistance; examination fees

40:46-47. Delegation of powers and duties; information and assistance; examination fees
The committee may delegate such of its functions, powers, and duties as it may deem appropriate to its executive secretary, or to other officers and employees of the State. The committee may call upon any State department, institution or agency, and upon any county or municipal official for information, assistance, or services in furtherance of the purposes of this act; and it shall be the duty of the State, county and municipal officials to cooperate fully with the committee in furnishing information, assistance or services. The committee may in its discretion establish an examination fee to be charged applicants for certificates of qualification, in an amount not exceeding ten dollars ($10.00), and all such fees shall be paid into the State Treasury pursuant to law.
L.1950, c. 211, p. 527, s. 9, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-48 - Form of tests

40:46-48. Form of tests
Tests as required by this act may be written, oral, physical or in the form of demonstration or evidence of education or skill, or any combination of these, and shall be of such character as fairly to test and determine the qualifications, fitness and ability of the person tested actually to perform the duties of the position for tenure in which he seeks to qualify.
L.1950, c. 211, p. 527, s. 10, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-49 - Offenses

40:46-49. Offenses
Any person who, for the purpose of defeating, or obstructing the provisions and purpose of this act, shall:
(a) willfully, by himself or in co-operation with one or more persons defeat, deceive or obstruct a person in respect to his right of taking a test for a certificate of qualification; or
(b) willfully or corruptly or falsely mark, rate, grade, estimate or report upon the test or proper standing of a person tested, or aid in so doing or willfully make any false representation concerning the same or the person tested; or
(c) willfully and corruptly furnish to a person special or secret information for the purpose of either improving or injuring the prospects or chances of a person tested or certified or being tested or certified; or
(d) willfully impersonate another person or permit or aid another person to impersonate him in any test or appointment or request to be tested, certified or appointed;
shall be guilty of a misdemeanor.
L.1950, c. 211, p. 527, s. 11, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-50 - Exemption of positions from provisions of act

40:46-50. Exemption of positions from provisions of act
Key positions shall be exempt from the provisions of this act when the key positions are within the classified service of the civil service in any municipality operating under Title 11, Civil Service, of the Revised Statutes. No municipal manager, deputy municipal manager or business administrator who serves also in a key position shall acquire tenure in such key position while he is manager, deputy manager or business administrator.
L.1950, c. 211, p. 528, s. 12, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-51 - Retirement at 70 or for disability

40:46-51. Retirement at 70 or for disability
Any person who hereafter acquires tenure in a key position may, upon reasonable notice, be retired from active service in such position by action of the governing body of the municipality at any time after he has reached the age of seventy years, or prior to that age if he has become so incapacitated as substantially to prevent him from performing the duties of his office. The Committee on Certification of Local Officers shall adopt reasonable regulations for giving notice of intention to retire a key official, for establishing a procedure for determining incapacity and for recalling retired persons to temporary or part-time service in connection with the work of their respective offices.
L.1950, c. 211, p. 528, s. 13, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-52 - Adoption of act

40:46-52. Adoption of act
The qualified voters of any municipality may adopt this act at any regular municipal or general election or at any election at which they vote on the adoption of any of the optional forms of government provided by the Optional Municipal Charter Law.
Upon recommendation of a charter commission constituted pursuant to the Optional Municipal Charter Law or upon petition in writing of ten per centum (10%) of the registered voters of a municipality filed with the municipal clerk, the clerk shall submit the question to the voters. If there is an election pending on the adoption of one of the said optional forms of government not less than sixty days after the filing of the petition or recommendation of the charter commission, the clerk shall submit the question at said election. If no such election of an optional form of government is pending the clerk shall submit the question of the adoption of this act at the next regular municipal or general election to be held not less than sixty days after the filing of the petition or the recommendation of the charter commission. In any case he shall give public notice of the submission of the question by publication in one or more newspapers published in the municipality, if there be one published in the municipality; if not, then in one or more newspapers published in the county in which the municipality is located, to be designated by the clerk, once a week for at least four weeks, and by posting such notice in five of the most public places in the municipality for at least four weeks before the election. The question of adoption of this act shall be submitted as other public questions, and shall be stated as follows: Shall the Optional Municipal Key Positions Act be adopted by (insert name of municipality)?
L.1950, c. 211, p. 528, s. 14, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:46-53 - Act operative on favorable vote

40:46-53. Act operative on favorable vote
The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the same at large in its minutes and certify the same to the Secretary of State. If it appears by the certificate of the clerk that a majority of the votes cast on the question are in favor of the adoption of this act, the act shall be operative in such municipality.
L.1950, c. 211, p. 529, s. 15, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-4.6 - Legislative findings

40:47-4.6. Legislative findings
The Legislature finds that the urgency of augmenting local law enforcement agencies to cope with increases in the number of serious crimes and civil disorders dictates authorization for temporary expansion of municipal police forces by appointment of additional officers and men with police and law enforcement experience who do not meet age and residence requirements imposed by law for permanent appointees to municipal police forces and to permit retired police personnel to accept such appointments without affecting their continued right to receive pension and retirement benefits or subsidies from this or any other State or any county, municipality or school district of this or any other State.
L.1968, c. 275, s. 1, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-4.7 - Temporary appointment; maximum period; qualifications

40:47-4.7. Temporary appointment; maximum period; qualifications
Notwithstanding the provisions of law as to maximum age, residence, eligibility for membership in a pension or retirement system, duration of employment throughout an entire year or restriction on employment or earnings upon eligibility of any person to continued receipt of retirement benefits, any municipality may by ordinance authorize the temporary appointment to its police department or force, for a period not in excess of 4 years, of any citizen of the United States of good moral character who has had 10 or more years of experience in former employment as a member of the police force or other law enforcement agency of the United States or of this or another State, or of a county or municipality of this or another State.
L.1968, c. 275, s. 2, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-4.8 - Nature of act; limitation on appointments

40:47-4.8. Nature of act; limitation on appointments
This act is of a temporary and emergent nature and no appointment shall be made pursuant hereto after January 1, 1972.
L.1968, c. 275, s. 3, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-11.1 - Reappointment of former member

40:47-11.1. Reappointment of former member
Any municipality not subject to the terms of Title 11, Civil Service, of the Revised Statutes, may reappoint a former member of its police or fire department who has resigned in good standing provided (1) the employee's request for reinstatement shall have been made within 2 years after the date of his resignation, and (2) the appointing authority has recommended that, because of the employee's record of past performance, reinstatement shall be in the best interests of the service.
L.1969, c. 303, s. 1, eff. Jan. 16, 1970.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-11.2 - Reinstatement into pension system

40:47-11.2. Reinstatement into pension system
Whenever a former policeman or fireman is reappointed pursuant to section 1 of this act and the membership of such person in the pension system created pursuant to P.L.1944, chapter 255, or the pension system created pursuant to P.L.1954, chapter 84, has been terminated and contributions of such member returned to him, he shall be reinstated in the pension system upon reappointment pursuant to this act and upon his repurchase of credit for all of his previous membership service in such pension system. Such repurchase shall be effected by his paying into the annuity savings fund of the pension the amount required by applying the factor, supplied by the actuary, as being applicable to his age at the time of the purchase, to his salary at that time.
L.1969, c. 303, s. 2, eff. Jan. 16, 1970.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-12 - Effect of annexation in certain cases on tenure

40:47-12. Effect of annexation in certain cases on tenure
L.1922, c. 123, p. 218 [1924 Suppl. s.s. *136-650A(1), *136-650A(2) ], entitled "An act concerning the annexation of part of one town or township to another municipality, and also the creation of new municipalities from such towns, townships or part thereof, and relating to the tenure of office and salary of uniformed paid firemen and policemen in territory so annexed or created in counties of the first class," approved March eleventh, one thousand nine hundred and twenty-two, saved from repeal. [This act provides for the tenure of office of policemen and firemen in certain cases of annexation and where newly created municipalities have been formed.]
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-20.9 - Validation of appointment of policemen appointed when less than 21 years of age

40:47-20.9. Validation of appointment of policemen appointed when less than 21 years of age
Whenever it shall appear that any person was heretofore appointed to the police department or force of any municipality at a time when he was less than 21 years of age, and that he has served in said department or force continuously from the time of said appointment and for a period of at least 10 years prior to the effective date of this act and is still in such service, and that he is an honorably discharged veteran of the armed forces of the United States during World War II, the governing body of such municipality may, within 6 months after the effective date of this act, validate, ratify and confirm the said appointment. In the event that such appointment shall be so validated, ratified or confirmed, such person shall be deemed to be and to have been a duly qualified member of such department or force, and shall have pension, tenure or service rights, from the date upon which he in fact attained the age of 21 years, all to the same effect as though he had been appointed on that date.
L.1959, c. 188, p. 759, s. 1, eff. Dec. 3, 1959.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-20.10 - Validation of appointment of policemen exceeding maximum age

40:47-20.10. Validation of appointment of policemen exceeding maximum age
Any appointment to the police department of a municipality heretofore made of an individual otherwise qualified who on the date of appointment exceeded the maximum age for appointment by less than 10 months, after the allowance of credit for his military service in time of war, is hereby validated and confirmed and the continued employment of such person as a member of the police department is authorized, provided said appointment is confirmed by resolution of the governing body adopted within 30 days after the effective date of this act.
L.1962, c. 56, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-20.11 - Eligibility of appointee, after confirmation of appointment, to police and firemen's retirement system

40:47-20.11. Eligibility of appointee, after confirmation of appointment, to police and firemen's retirement system
The board of trustees of the police and firemen's retirement system of New Jersey shall accept as a member of the retirement system any policeman, otherwise eligible for membership, whose appointment is confirmed pursuant to this act provided there is paid into the retirement system, in such manner as the board shall prescribe, the contributions that would have been payable had he been so appointed at the age of 30 years.
L.1962, c. 56, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-20.12 - Appointment of chief of police exceeding maximum age and lacking residence qualifications

40:47-20.12. Appointment of chief of police exceeding maximum age and lacking residence qualifications
Upon the creation of a police department in any municipality in which no police department existed theretofore, a person may be appointed to the office of chief of police of such police department if he is otherwise qualified, notwithstanding his age is greater than the maximum age limit set forth in section 40:47-4 of the Revised Statutes and notwithstanding that he is not and has not been a resident of said municipality for 6 months immediately preceding his appointment; provided he agrees to become a resident of said municipality within 3 years from the date of his appointment.
L.1964, c. 187, s. 1, eff. Oct. 2, 1964. Amended by L.1969, c. 267, s. 6, eff. Jan. 12, 1970.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47-51 - Paid fire departments in certain municipalities; fire commissioners

40:47-51. Paid fire departments in certain municipalities; fire commissioners
L.1886, c. 42, p. 54 (C.S. p. 2380, s.s. 217 to 219), entitled "An act to enable cities and municipalities of this state to create and maintain a paid fire department," approved March first, one thousand eight hundred and eighty-six, saved from repeal. [This act enables municipalities not having paid fire departments before March 1, 1886, to authorize and establish the same by popular referendum and provide for the appointment and powers and duties of a board of fire commissioners.]
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47A-1.1 - Emergency; definition

40:47A-1.1. Emergency; definition
As used in this act and in the act of which this act is amendatory and supplementary, "emergency" means any unusual conditions caused by civil disturbance whereby the safety of the public is endangered or imperiled. The occurrence of such an emergency shall be determined within the sole discretion of the officer, board or official having charge of the police or fire department in any municipality.
L.1970, c. 23, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:47A-5.1 - Reimbursement; amount

40:47A-5.1. Reimbursement; amount
The State House Commission, having verified the accuracy of statements made in the application for reimbursement and established the eligibility of the municipality to receive payment pursuant to the provisions of this act, shall:
(a) Award reimbursement in an amount equal to 75% of the actual expenditures made by a municipality, pursuant to emergency appropriations adopted in dealing with an emergency within its borders, or
(b) Award reimbursement equal to 100% of the expenditures incurred by a sending municipality and provided for by an emergency appropriation, in instances where said municipality is asked to provide and render assistance to a neighboring municipality in an emergency by supplying fire and police aid, or both, and does provide such assistance.
(c) In the event that the total of eligible requests for reimbursement exceeds the total amount of the fund, the State House Commission shall prorate and distribute the fund on the basis of the total of all eligible requests received.
L.1970, c. 23, s. 4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.1 - Removal or demolition of hazardous buildings; recovery of costs

40:48-1.1. Removal or demolition of hazardous buildings; recovery of costs
1. Whenever any municipality, pursuant to law or pursuant to any ordinance, code, rule or regulation adopted pursuant to law, undertakes the removal or demolition of any building or structure which is dangerous to human life or the public welfare or which constitutes a fire hazard, the governing body of the municipality, in addition to assessing the cost of such removal or demolition as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the premises and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.
L.1978,c.113,s.1; amended 1991,c.91,s.385.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.3 - Holding DUI arrestees in protective custody, certain circumstances.

40:48-1.3 Holding DUI arrestees in protective custody, certain circumstances.
1. a. A municipality may enact an ordinance providing that a person who is arrested for a violation of the provisions of R.S.39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others. The municipal ordinance shall provide for the release of the person from protective custody when that person is no longer a danger to himself or others. The municipal ordinance may provide that a person is no longer a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall a municipality hold a person in protective custody for a period of longer than eight hours without providing an appropriate hearing.
b. Notwithstanding the provisions of any ordinance enacted pursuant to subsection a. of this section, provided that it is not a detriment to the public safety, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release the person pursuant to the provisions of P.L.2001, c.69 (C.39:4-50.22 et seq.) or provide an appropriate alternative to protective custody. The municipality shall not be subject to liability if a person is released from custody pursuant to the provisions of this subsection.
c. Nothing in this section shall be construed as requiring the use of State Police facilities by a municipality for the purposes of this act.
L.2003,c.164,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.4 - Criminal history record check requested by municipality, authority for.

40:48-1.4 Criminal history record check requested by municipality, authority for.
34. a. A municipality may enact an ordinance providing that an authorized municipal official or officer may request a criminal history record background check of any person for an official governmental purpose, including, but not limited to, employment, licensing and the procurement of services. The ordinance shall provide that the person shall submit to being fingerprinted in accordance with applicable State and federal laws, rules and regulations. The ordinance shall further provide that the official or officer is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.
b. In order to obtain criminal history record information pursuant to the provisions of an ordinance, the official or officer shall submit fingerprint data to the State Bureau of Identification. The bureau shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the officer or official.
c. The municipality shall transmit the fees for the criminal history record background check to the State Bureau of Identification.
d. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Attorney General may promulgate regulations to effectuate the provisions of this section.
L.2003,c.199,s.34.