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2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.26 - Brush and hedges near roadways and intersections, cutting of

40:48-2.26. Brush and hedges near roadways and intersections, cutting of
The governing body of every municipality shall have power to make, enforce, amend and repeal ordinances requiring the owner or tenant of lands lying within the limits of such municipality to keep all brush, hedges and other plant life, growing within ten feet of any roadway and within twenty-five feet of the intersection of two roadways, cut to a height of not more than two and a half feet where it shall be necessary and expedient for the preservation of the public safety, within ten days after notice to cut the same, and to provide for the cutting of the same by or under the direction of some officer of the municipality, to be designated in said ordinance, in cases where the owner or tenant shall have refused or neglected to cut the same in the manner and within the time provided above and to provide for the imposition of penalties for the violation of any such ordinance.
L.1949, c. 152, p. 535, s. 1, eff. May 19, 1949.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.27 - Cost of cutting brush and hedges; charging against lands; lien

40:48-2.27. Cost of cutting brush and hedges; charging against lands; lien
In all cases where brush, hedges and other plant life are cut from any lands within the limitations of section one hereof under any such ordinance, by or under the direction of an officer of the municipality, such officer shall certify the cost thereof to the governing body, which shall examine the certificate and if found correct shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive to cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
L.1949, c. 152, p. 535, s. 2, eff. May 19, 1949.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.28 - Fire prevention ordinances authorized

40:48-2.28. Fire prevention ordinances authorized
In addition to powers granted pursuant to article 1 of chapter 48 of Title 40 of the Revised Statutes, the governing body of any municipality may by ordinance provide for the regulation and control of any or all of the following matters related to fire prevention which are hereby declared to be matters in the interest of the public health and safety:
(a) Construction, maintenance and use of flues and chimneys;
(b) The types of space heaters using liquid fuel and methods of installation, maintenance and use thereof;
(c) The methods, other than underground storage, which may be employed for storage of various amounts of liquid fuels.
L.1955, c. 157, p. 652, s. 1, eff. July 20, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.29 - Designation of enforcement officials; right of entry for inspection purposes; educational program relating to space heaters

40:48-2.29. Designation of enforcement officials; right of entry for inspection purposes; educational program relating to space heaters
Any ordinance adopted pursuant to this act shall designate the municipal officials responsible for enforcing the provisions of the ordinance and may provide that designated officers, employees or specially designated agents of the municipality may enter upon lands and buildings in the municipality for the purpose of inspection of flues, chimneys, space heaters and the storage of liquid fuel and installations and facilities in connection therewith and may provide for an educational program to instruct users of space heaters in proper methods of installing, cleaning, maintaining and adjusting the same to minimize fire hazard.
L.1955, c. 157, p. 652, s. 2, eff. July 20, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.30 - Ordinance to provide what constitutes a nuisance.

40:48-2.30 Ordinance to provide what constitutes a nuisance.
3. The ordinance shall provide that the installation, maintenance or use of such equipment or facilities, which by reason of type, installation, or place of use constitute a fire or explosion hazard endangering the lives of persons and property, constitutes a nuisance.
L.1955,c.157,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.31 - Discovery of nuisances; written notice to remove or abate

40:48-2.31. Discovery of nuisances; written notice to remove or abate
Whenever the municipality by inspection or otherwise discovers a nuisance as provided in section 3 of this act, notice in writing shall be given to the owner of the premises to remove or abate the same within the time specified in such notice, which shall be not less than 7 days from the date of service thereof. A duplicate of the notice shall be left with a tenant or occupant of the premises, if any. If the owner resides outside the State the notice shall be given by mail and provide additional time for compliance and a duplicate of the notice shall be left with a tenant or occupant or posted on the premises.
L.1955, c. 157, p. 653, s. 4, eff. July 20, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.32 - Inspection contracts with volunteer fire companies; agents of municipality

40:48-2.32. Inspection contracts with volunteer fire companies; agents of municipality
The governing body of a municipality may contract with a volunteer fire company or companies to perform inspections pursuant to this act and in such case designate as agents of the municipality, for such purpose, the members of such fire company or companies.
L.1955, c. 157, p. 653, s. 5, eff. July 20, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.33 - Refusal to permit inspection; continuance of nuisances; penalties

40:48-2.33. Refusal to permit inspection; continuance of nuisances; penalties
The ordinance shall provide that any person who refuses to permit an authorized representative of the municipality to enter upon the premises and make inspections in accordance with section 2 of this act or who continues to use any equipment or facility declared to be a nuisance pursuant to the ordinance without complying with the provisions of the notice given, shall, upon conviction, be punished by a fine of not less than $5.00 nor more than $100.00, or imprisonment for not more than 30 days, or both. Each day of continuance of a nuisance after the time required for abatement thereof, shall constitute a separate offense.
L.1955, c. 157, p. 653, s. 6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.39 - Licensed premises for retail sale of alcoholic beverages; purchase or condemnation; retirement of license

40:48-2.39. Licensed premises for retail sale of alcoholic beverages; purchase or condemnation; retirement of license
In any case in which a municipality acquires by purchase or condemnation any real estate within the municipality which includes any licensed premises for the retail sale of alcoholic beverages, or upon application of the holder of any such license in a municipality in which the number of retail consumption licenses exceeds the limitation thereon provided for in P.L. 1947, chapter 94 (N.J.S.A. 33:1-12.14), the governing body of the municipality, whenever it finds that a transfer of the license to, and the retirement of the license by, the municipality is in the public interest, may contract with the licensee for such transfer upon such terms and for such consideration as shall be mutually agreeable and as the governing body shall deem to be reasonable. Upon the transfer of any retail alcoholic beverage license as herein provided, such license shall thereupon be retired by the municipality and shall not thereafter be reissued to any applicant.
L.1966, c. 317, s. 1. Amended by L.1967, c. 187, s. 1, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.40 - Alcoholic beverage retail consumption licenses; reduction of number

40:48-2.40. Alcoholic beverage retail consumption licenses; reduction of number
The governing body of any municipality in which the number of existing alcoholic beverage retail consumption licenses exceeds one for each 2,000 of its population according to the latest Federal census, may by ordinance determine it is in the public interest to reduce the number of such licenses, authorize the acquisition and retirement by the municipality of licenses in excess of such limitation by contracts with licensees and appropriate funds therefor.
L.1968, c. 277, s. 1, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.41 - Maximum amount payable for transfer to municipality; limitation on reduction; reissuance

40:48-2.41. Maximum amount payable for transfer to municipality; limitation on reduction; reissuance
No such contract shall authorize payment to the licensee for transfer of the license to the municipality of a sum in excess of $30,000.00 and no such contract shall result in the reduction in the number of retail consumption licenses to fewer than one for each 3,000 of the municipality's population, and no license so acquired by the municipality shall be reissued to any applicant.
L.1968, c. 277, s. 2, eff. Sept. 4, 1968. Amended by L.1979, c. 61, s. 1, eff. April 4, 1979; L.1982, c. 62, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.42 - Increase in annual license fees; disposition of proceeds

40:48-2.42. Increase in annual license fees; disposition of proceeds
Any ordinance authorizing the acquisition of licenses pursuant to this act may provide for an increase in the annual license fees for all retail consumption licenses in the municipality in an amount of not more than $200.00 over and above the maximum fees fixed in accordance with R.S. 33:1-12, which increase may be continued in force for each license year until the total revenue derived from such additional license fees in all years shall equal the total amount expended by the municipality to acquire and retire licenses pursuant to contracts authorized by ordinance adopted under this act. If in the final year in which the additional license fee authorized by this section is in effect, the total additional revenue derived in all years from such increase shall exceed the amount expended for acquisition of licenses and retirement of indebtedness incurred pursuant to section 4 of this act, such excess shall be rebated pro rata to the then current licensees who paid such additional license fees or credited against the license renewal fee next payable by such licensees.
L.1968, c. 277, s. 3, eff. Sept. 4, 1968. Amended by L.1973, c. 165, s. 1, eff. June 7, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.43 - Indebtedness to finance retirement of licenses

40:48-2.43. Indebtedness to finance retirement of licenses
Any municipality adopting an ordinance pursuant to this act may, by bond ordinance, incur indebtedness, borrow money and authorize and issue its negotiable obligations to finance the acquisition and retirement of licenses. Revenue derived from any additional annual license fee authorized by section 3 of this act shall be applied to the payment and retirement of any indebtedness incurred pursuant to this section.
L.1968, c. 277, s. 4, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.45 - Effect of act upon section 40:48-2.39

40:48-2.45. Effect of act upon section 40:48-2.39
Nothing in this act shall affect the authority of a municipality to acquire and retire licenses pursuant to P.L.1966, chapter 317.
L.1968, c. 277, s. 6, eff. Sept. 4, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.46 - Traffic and parking of vehicles in public parking yards and parking places; regulation

40:48-2.46. Traffic and parking of vehicles in public parking yards and parking places; regulation
In addition to the powers conferred to a municipality under section 39:4-197 of the Revised Statutes concerning the adoption of ordinances for the regulation of entrances to and exits from parking yards, the governing body of every municipality may make, amend, repeal and enforce ordinances to regulate vehicular and pedestrian traffic and the parking of vehicles in parking yards and parking places, which are open to the public or to which the public is invited, whether maintained or operated separately or in conjunction with any business or enterprise. The municipality may: a. establish requirements for placement and types of lighting and signs; b. regulate and control noisy or boisterous persons or things; c. require installation and maintenance of internal traffic directional lines; d. take such other action as may reasonably be required to preserve and safeguard public health, safety, morals, and welfare.
L.1968, c. 433, s. 1, eff. Feb. 11, 1969.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.47 - Snow and ice removal from private street open to public; penalties; taxation of costs of removal by municipality; lien

40:48-2.47. Snow and ice removal from private street open to public; penalties; taxation of costs of removal by municipality; lien
The governing body of any municipality may make, amend, repeal and enforce ordinances to compel the owner of certain real property on which there has been constructed any private street, highway, lane, alley or other roadway which is open to the public or to which the public is invited, to remove all snow and ice from such street, highway, lane, alley or other roadway within 12 hours of daylight after the same shall fall or be formed thereon. Any such ordinance may provide for the imposition of penalties for violation of same, and may provide for the removal of such snow or ice by the municipality where the owner of any such street, highway, lane, alley or other roadway shall fail to remove the same as provided in the ordinance. The cost of removal of any such snow or ice from any privately-owned street, highway, lane, alley or other roadway by the municipality shall be certified to the governing body of the municipality by the officer in charge thereof. The governing body shall examine such certificate, and if found to be correct, shall cause such cost to be charged against such real property, and the amount so charged shall thereupon become a lien and tax upon such real property and be added to and be part of the taxes next to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes. The provisions of this act shall be applicable only to the owner of real property on which there has been constructed a multiple dwelling housing development containing three or more units of dwelling space which are occupied or are intended to be occupied by three or more persons who live independently of each other.
L.1971, c. 51, s. 1, eff. March 19, 1971.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.49 - Regulation of operators engaged in removal of motor vehicles.

40:48-2.49 Regulation of operators engaged in removal of motor vehicles.
1. Notwithstanding the provisions of section 1 of P.L.1973, c.137 (C.39:4-56.6) or any other law, a municipality may regulate, by ordinance, the removal of motor vehicles from private or public property by operators engaged in such practice, including, but not limited to, the fees charged for storage following removal in accordance with section 3 of P.L.1987, c.127 (C.40:48-2.50), fees charged for such removal, notice requirements therefor, and the mercantile licensing of such operators.
The ordinance shall set forth non-discriminatory and non-exclusionary regulations governing operators engaged in the business of removing and storing motor vehicles. The regulations shall include, but not be limited to:
a. A schedule of fees or other charges which an operator may charge vehicle owners for towing services, storage services or both;
b. Minimum standards of operator performance, including but not limited to standards concerning the adequacy of equipment and facilities, availability and response time, and the security of vehicles towed or stored;
c. The designation of a municipal officer or agency to enforce the provisions of the ordinance in accordance with due process of law;
d. The requirement that such regulations and fee schedules of individual towers shall be made available to the public during normal business hours of the municipality.
Nothing in this section shall be construed to authorize a municipality to establish charges for services that are not included in the schedule of towing and storage services for which a towing company may charge a service fee established by the Director of Consumer Affairs pursuant to section 8 of P.L.2007, c.193 (C.56:13-14). Nothing in this section shall be construed to exempt an operator from complying with the requirements of P.L.2007, c.193 (C.56:13-7 et al.).
L.1979, c.101, s.1; amended 1987, c.127, s.2; 1991 c.142, s.3; 1997, c.387, s.1; 2007, c.193, s.23.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.50 - Fee limits

40:48-2.50. Fee limits
All fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed the following:
(1) A limit of $3.00 per day for the first 30 days of storage per vehicle; and
(2) A limit of $2.00 per day for the 31st day of storage and any day thereafter; and
(3) A limit of $400.00 per vehicle stored regardless of the duration of the storage, except that a waiver may be granted for good cause upon the request of a municipality by the Division of Local Government Services in the Department of Community Affairs.
L. 1987, c. 127, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.51 - Penalty for violation of fee limits

40:48-2.51. Penalty for violation of fee limits
An operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern or practice of knowingly violating the fee limits set in section 3 of P.L.1987, c. 127 (C. 40:48-2.50) may be liable to the municipality for a civil penalty of not less than $25.00 or more than $50.00 for each motor vehicle stored with the operator.
L. 1987, c. 127, s. 4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.52 - Definitions relative to adoption of curfew ordinances for juveniles.

40:48-2.52 Definitions relative to adoption of curfew ordinances for juveniles.
2. a. As used in this act:
(1) "Juvenile" means an individual who is under the age of 18 years.
(2) "Guardian" means a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
(3) "Public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
b. (1) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be on any public street or in a public place between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by the juvenile's parent or guardian or unless engaged in, or traveling to or from, a business or occupation which the laws of this State authorize a juvenile to perform. Such an ordinance may also make it unlawful for any parent or guardian to allow an unaccompanied juvenile to be on any public street or in any public place during those hours.
(2) A municipality is hereby authorized and empowered to enact an ordinance making it unlawful for a juvenile of any age under 18 years within the discretion of the municipality to be in any public place during the hours when the juvenile is required to be in attendance at either a public or non-public school unless the juvenile is accompanied by a parent or guardian or is carrying written permission from the juvenile's educational authority allowing the juvenile to be in a public place.
c. An ordinance enacted pursuant to this act shall provide that violators shall be required to perform community service and may be subject to a fine of up to $1,000.00. If both a juvenile and the juvenile's parent or guardian violate such an ordinance, they shall be required to perform community service together.
d. An ordinance enacted pursuant to this act shall include exceptions permitting juveniles to engage in errands involving medical emergencies, to attend extracurricular school activities, and to participate in other cultural, educational and social events, sponsored by religious or community-based organizations during curfew hours.
e. An ordinance enacted pursuant to this act shall establish clear standards in precise language adequate to apprise a juvenile and a parent or guardian of that which is unlawful and adequate to circumscribe the discretion of police officers in order to overcome subjective and discriminatory enforcement.
L.1992,c.132,s.2; amended 1995, c.388; 2005, c.23.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.53 - Address registration by certain property owners required; "real property" defined

40:48-2.53 Address registration by certain property owners required; "real property" defined
1. a. A municipality is hereby authorized and empowered to enact an ordinance requiring an owner of real property situated within the municipality to register with the clerk of the municipality the street address of his residence whenever that owner does not reside at his property, in the case of residential premises, or does not operate a business at the property, in the case of commercial property. An ordinance so enacted shall provide for the assessment of reasonable penalties in the case of noncompliance.
b. The clerk of the municipality may forward a copy of any address registration made pursuant to subsection a. of this section to the clerk of the county in which the municipality is situated. The county registrar shall maintain a file and index any address registrations received pursuant to this subsection.
c. For the purposes of this act, "real property" shall mean any type of real estate including commercial or residential, improved or unimproved lots, single family homes, multiple dwellings, and property held in any manner, including fee simple, condominium or cooperative forms of ownership. "Street address" shall mean the address at which the person actually resides, and shall include a street name or rural delivery route in addition to any postal office box number which may be included.
L.1997,c.85.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.54 - Model schedule of towing, storage services adopted by municipality, county.

40:48-2.54 Model schedule of towing, storage services adopted by municipality, county.
3. a. The governing body of a municipality or county which requires the towing and storage of motor vehicles without the consent of the owners of those vehicles shall adopt an ordinance or resolution, as appropriate, setting forth a model schedule of towing and storage services which they require and the rates therefor, which rates shall be based on the usual, customary and reasonable rates of operators towing and storing motor vehicles in the municipality or county, as applicable.
b. The governing body of every municipality or county setting forth a schedule of services and rates pursuant to subsection a. of this section shall implement a procedure to receive complaints and resolve disputes arising from the towing and storage of motor vehicles required by that municipality or county without the consent of the owner.
L.1997,c.387,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.56 - Recreation trust fund, creation, use

40:48-2.56. Recreation trust fund, creation, use
2. Any county or municipality which has not established a board of recreation commissioners may, by resolution, establish a recreation trust fund into which shall be deposited any fees paid by individuals to offset the costs of operating county or municipal recreational programs. Those amounts expended from the fund shall be utilized exclusively for the purpose of operating those programs for which fees are collected and to refund payments made by program participants.
L.1999,c.292,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.57 - Municipal remediation ordinances, inapplicability to sites under DEP oversight.

40:48-2.57 Municipal remediation ordinances, inapplicability to sites under DEP oversight.
1. No ordinance governing the investigation or cleanup of historic pesticide contamination adopted by the governing body of a municipality shall apply to any property for which any person is conducting actions related to historic pesticide contamination under the oversight of the Department of Environmental Protection, provided that such person, as a condition of any development approval by the municipality, obtains a full site no further action letter from the department.
L.2001,c.179,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.58 - Municipality prohibited from limiting, prohibiting display of U.S. flag, yellow ribbons, signs in support of troops

40:48-2.58. Municipality prohibited from limiting, prohibiting display of U.S. flag, yellow ribbons, signs in support of troops
1. a. The governing body of a municipality shall not adopt or enforce any ordinance or resolution, as appropriate, limiting or prohibiting the display of the flag of the United States of America or yellow ribbons and signs supporting United States troops, nor shall any bond or permit fee be required of a person or organization for displaying the flag or yellow ribbons and signs supporting United States troops, except as provided for in subsection b. of this section.
b. A municipality may direct removal of an American flag or yellow ribbons and signs supporting United State troops when it is exhibited in a manner that threatens public safety, restricts necessary maintenance activities, interferes with the property rights of another, or the flag is displayed in a manner inconsistent with the rules and customs deemed the proper manner to display the flag, such as the federal flag Code, 4 U.S.C. s.1 et seq., or any other applicable law or guideline.
c. Any ordinance or resolution adopted by the governing body of a municipality in violation of subsection a. of this section shall be null and void.
L.2003,c.209,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.60 - Definitions relative to charitable clothing bins.

40:48-2.60 Definitions relative to charitable clothing bins.
1. For the purposes of P.L.2007, c.209 (C.40:48-2.60 et seq.), "solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or value. Solicitation shall include, but not be limited to, the use or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value. A solicitation shall take place whether or not the person making the solicitation receives any contribution. "Appropriate municipal agency" means the agency determined by resolution of the municipal governing body.
L.2007, c.209, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.62 - Receipt, investigation of complaints relative to donation clothing bin.

40:48-2.62 Receipt, investigation of complaints relative to donation clothing bin.
3. The appropriate municipal agency within the municipality in which a donation clothing bin has been placed shall receive and investigate, within 30 days, any complaints from the public about the bin. Whenever it appears to the appropriate municipal agency that a person has engaged in, or is engaging in any act or practice in violation of section 2 of P.L.2007, c.209 (C.40:48-2.61), the person who placed the bin shall be issued a warning, stating that if the violation is not rectified or a hearing with the appropriate municipal agency is not requested within 45 days, the bin will be seized or removed at the expense of the person who placed the bin, and any clothing or other donations collected via the bin will be sold at public auction or otherwise disposed of. In addition to any other means used to notify the person who placed the bin, such warning shall be affixed to the exterior of the bin itself.
In the event that the person who placed the bin does not rectify the violation or request a hearing within 45 days of the posting of the warning, the appropriate municipal agency may seize the bin, remove it, or have it removed, at the expense of the person who placed the bin, and sell at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the chief financial officer of the municipality.
L.2007, c.209, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.63 - Additional penalties, remedies.

40:48-2.63 Additional penalties, remedies.
4. In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of P.L.2007, c.209 (C.40:48-2.60 et seq.) which results in seizure of the donation clothing bin shall be:
a. Subject to a penalty of up to $20,000 for each violation. The appropriate municipal agency may bring this action in the municipal court or Superior Court as a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), and any penalty monies collected shall be paid to the chief financial officer of the municipality; and
b. Deemed ineligible to place, use, or employ a donation clothing bin for solicitation purposes pursuant to section 2 of P.L.2007, c.209 (C.40:48-2.61). A person disqualified from placing, using, or employing a donation clothing bin by violating the provisions of P.L.2007, c.209 (C.40:48-2.60 et seq.) may apply to the appropriate municipal agency to have that person's eligibility restored. The appropriate municipal agency may restore the eligibility of a person who:
(1) Acts within the public interest; and
(2) Demonstrates that he made a good faith effort to comply with the provisions of P.L.2007, c.209 (C.40:48-2.60 et seq.) and all other applicable laws and regulations, or had no fraudulent intentions.
L.2007, c.209, s.4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.64 - Effective date; applicability.

40:48-2.64 Effective date; applicability.
5. This act shall take effect on the first day of the thirteenth month following enactment, and shall apply to all donation clothing bins in place on the effective date of this act and all donation clothing bins placed subsequent to the effective date of this act, but appropriate municipal agencies may take such anticipatory acts in advance of that date as may be necessary for the timely implementation of this act upon its effective date.
L.2007, c.209, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.67 - List of municipal residents in need of special assistance.

40:48-2.67 List of municipal residents in need of special assistance.
1. The governing body of a municipality, by ordinance, may require the clerk of the municipality to maintain a list containing the names and addresses of municipal residents who identify themselves as being in need of special assistance in the event of an emergency, and who request that this information be maintained on their behalf, for public safety purposes. The list shall be cross-indexed by name and address of each resident requesting to be on the list, and shall identify the special circumstances of each individual. The clerk shall provide the list solely and strictly for the purposes of P.L.2017, c.266 (C.40:48-2.67 et al.) to the municipal police department, to each fire department or fire district serving the municipality, and to each first aid or rescue squad serving the municipality, and shall ensure that they are provided with updates at least monthly.
A notice to municipal residents advising them that such a list is being maintained by the clerk for public safety purposes shall be included annually with the tax bills mailed to local property taxpayers. The notice shall include information as to how a municipal resident may add his or her name and address to the municipal list.
The municipal clerk shall notify each landlord who has filed a certificate of registration with the municipality pursuant to section 2 of P.L.1974, c.50 (C.46:8-28) of the existence of the list, and shall provide the landlord with a copy of a notice to be provided to the landlord's tenants, including information as to how a tenant may be added to the list.
L.2017, c.266, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-3 - Power to do work where owner refuses; procedure

40:48-3. Power to do work where owner refuses; procedure
When, by this subtitle, the governing body of any municipality is given power to order the owner of any real estate therein, to make any improvement or to do any work thereon, or upon any street upon which his real estate abuts, and he refuses or neglects to make such improvement or do such work after being so ordered, the municipality after notice to him of its intention so to do, may cause such improvement to be made or work to be done, and may recover the cost thereof from him by action at law. Such action shall be in addition to any other remedy given by this subtitle and shall not make void any lien hereby given upon such real estate, nor prevent the imposition of any penalty imposed for violation of any ordinance of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4 - Plants or facilities for public use or benefit

40:48-4. Plants or facilities for public use or benefit
Any municipality may provide, maintain and operate public baths, employment agencies, comfort stations, watering troughs, warehouses, slaughterhouses, and any other plant or facility for rendering any service or furnishing any commodity to the municipality or its inhabitants.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.1 - Legislative findings

40:48-4.1. Legislative findings
The Legislature hereby finds and declares that:
a. Because of their economic situation, many senior citizens' basic local transportation needs are unmet.
b. By the enactment of P.L.1969, c. 275, the Legislature declared it to be in the public interest that transportation services be made available to senior citizens at reduced fares.
c. Because of the financial difficulties experienced by public transportation carriers, the program authorized by the 1969 legislation has not been implemented.
d. Since a reduced fare program will greatly enhance the ability of senior citizens to travel about economically, safely and efficiently, and the resulting increased utilization of transportation facilities will permit carriers to maintain and upgrade their services, such a program must be encouraged and supported with public assistance.
e. In view of the local nature of such a program its administration and financing can be most effectively handled on the municipal level.
L.1973, c. 67, s. 1, March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.2 - Definitions

40:48-4.2. Definitions
As used in this act, unless the context indicates a different meaning:
a. "Motor bus carrier" means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees or receivers operating motor buses on established routes in this State or between points in this State.
b. "Off-peak times" means the hours from 10 a.m. to 4 p.m. and from 7 p.m. to 12 midnight during the weekdays, Monday through Friday, and all day on Saturdays, Sundays and holidays.
c. "Gross income" means all income from whatever source derived, including, but not limited to, realized capital gains and, in their entirety, pension, annuity, retirement and social security benefits.
d. "Senior citizen" means any male of the age of 65 years or more and any female of the age of 62 years or more having an annual gross income not in excess of $5,000.00 per year.
L.1973, c. 67, s. 2, March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.3 - Municipalities between 200,000 and 300,000; contracts with motor bus carriers; reduced fares for senior citizens

40:48-4.3. Municipalities between 200,000 and 300,000; contracts with motor bus carriers; reduced fares for senior citizens
The governing body of any municipality having a population of more than 200,000 and less than 300,000 may enter into contracts with any motor bus carrier to provide passenger service for senior citizens who are residents of such municipality on the established motor bus routes of said carriers within such municipality at rates not to exceed one-half of the usual and ordinary fare for such service during off-peak times.
L.1973, c. 67, s. 3, eff. March 22, 1973. Amended by L.1981, c. 462, s. 36.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.4 - Contracts; conditions, terms and provisions

40:48-4.4. Contracts; conditions, terms and provisions
Each contract entered into in accordance with the provisions of this act shall contain conditions, terms and provisions as the municipality may require including, but not limited to, provisions relating to:
a. The method of providing reduced fares for senior citizens;
b. The method of accounting for the level of service rendered to determine the amount to be paid to the motor bus carrier;
c. The procedure for determining the eligibility of persons to receive reduced fares as provided for in this act which shall include provision for issuance of identification cards to eligible senior citizens by the municipality in the form and manner and at such places as the municipality shall prescribe;
d. Auditing and settlement of payment;
e. Such other matters as the municipality deems to be in the public interest.
L.1973, c. 67, s. 4, eff. March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.5 - Payments to motor bus carrier

40:48-4.5. Payments to motor bus carrier
Each contract entered into in accordance with the provisions of this act shall obligate the municipality to pay to the motor bus carrier an amount not to exceed one-half of the total amount of the usual and ordinary fares for all such passenger service rendered provided the carrier has complied with the contract in all other respects to the satisfaction of the municipality.
L.1973, c. 67, s. 5, March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.6 - Rules and regulations; investigations; access to property, books, records, or documents

40:48-4.6. Rules and regulations; investigations; access to property, books, records, or documents
In order to carry out the purposes of this act, the municipality may make such reasonable rules and regulations as they may deem necessary which shall have the force and effect of law, and may investigate any matters relative to the passenger service contracted for under this act and in aid of such investigation the municipality shall have access to and the motor bus carrier shall make available its property, books, records, or documents.
L.1973, c. 67, s. 6, eff. March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.7 - Appropriations by municipality; application for and receipt of grants from other sources

40:48-4.7. Appropriations by municipality; application for and receipt of grants from other sources
The governing body of any municipality having a population of more than 200,000 and less than 300,000 which enters into such contracts may make appropriations from its own revenue sources and may apply for and receive grants from any federal, State and private source for the financing of such contracts.
L.1973, c. 67, s. 7, eff. March 22, 1973. Amended by L.1981, c. 462, s. 37.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.8 - Exemption from regulation and jurisdiction of board of public utility commissioners

40:48-4.8. Exemption from regulation and jurisdiction of board of public utility commissioners
Notwithstanding the provisions of any other law of this State to the contrary, contracts for passenger service for senior citizens pursuant to this act and the amount of reduced fares thereunder shall not be subject to regulation by and the jurisdiction of the Board of Public Utility Commissioners, and such service and reduced fares shall not be considered unjust, unreasonable, or unduly preferential to any person or particular description of traffic.
L.1973, c. 67, s. 8, eff. March 22, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.9 - Municipalities between 103,000 and 125,000; grants for ambulance or emergency rescue services

40:48-4.9. Municipalities between 103,000 and 125,000; grants for ambulance or emergency rescue services
The governing body of any city of the second class in a county of the second class with a population in excess of 103,000 but below 125,000 according to the 1970 Federal census may contribute funds not to exceed $200,000.00 annually to hospitals, hospital shared service corporations, or hospital consortia within the city for the purpose of assisting such facilities in the maintenance and provision of ambulance or other emergency rescue services with the city.
L.1981, c. 54, s. 1, eff. March 2, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.10 - Findings, declarations.

40:48-4.10. Findings, declarations.
The Legislature finds and declares that many senior citizens and handicapped citizens of this State need to be provided with transportation services to obtain the necessities of life, such as food, clothing and medical services and to visit their families and friends, all of which is essential to their health, safety and welfare; that many senior citizens and handicapped citizens live on fixed incomes and are unable to provide for their own transportation needs. It is, therefore, declared to be a valid public purpose, and in the best interest of the citizens of this State, to allow municipalities to supply free or low cost transportation services to senior citizens and handicapped citizens, provided the transportation services are noncompetitive with available public transportation services.
L. 1985, c. 199, s. 1, eff. June 26, 1985.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.11 - "Senior citizen," "citizen with a disability" defined.

40:48-4.11 "Senior citizen," "citizen with a disability" defined.
2. For the purposes of P.L.1985, c.199 (C.40:48-4.10 et seq.), unless the context clearly indicates otherwise:
a. "Senior citizen" means any individual 62 years of age or over.
b. "Citizen with a disability" means any individual who, by reason of illness, injury, age, congenital condition, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected.
L.1985, c.199, s.2; amended 2017, c.131, s.168.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.12 - Municipalities to provide service.

40:48-4.12 Municipalities to provide service.
3. Notwithstanding any provision of law to the contrary, any municipality may purchase buses, vans or other motor vehicles for the purpose of providing transportation to senior citizens or citizens with disabilities. The municipality may also provide drivers for the motor vehicles and pay all costs of maintenance, including insurance. The transportation shall be provided free of charge or for a nominal fee not to exceed $0.25 per ride. No transportation service shall be provided pursuant to P.L.1985, c.199 (C.40:48-4.10 et seq.) which duplicates available public transportation service.
L.1985, c.199, s.3; amended 2017, c.131, s.169.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-4.13 - Not used for hire.

40:48-4.13 Not used for hire.
4. The use of municipally owned buses, vans or other motor vehicles for transportation of senior citizens and citizens with disabilities pursuant to P.L.1985, c.199 (C.40:48-4.10 et seq.) shall not be construed or used for hire and shall not be subject to regulation by or the jurisdiction of the Department of Transportation.
L.1985, c.199, s.4; amended 2017, c.131, s.170.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-5 - Private contracts generally

40:48-5. Private contracts generally
When, under any provision of this subtitle, any municipality is authorized to render any service to the public, it may, in lieu of providing and maintaining the equipment necessary for rendering such service at its own expense, contract with any person to render such service on behalf of the municipality, under its control and direction. No such contract shall be let until specifications showing in detail the service to be rendered shall be prepared and rules and regulations governing the same shall be adopted. The contract shall be let, after due advertisement, to the lowest responsible bidder, who shall give ample security for its proper performance.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-5a - Contract for collection services between municipality, private entity.

40:48-5a Contract for collection services between municipality, private entity.
1. The governing body of any municipality may enter into contract with a private agency or firm for the purpose of collecting delinquent fees, fines, costs, surcharges and other penalties or assessments imposed, after a final determination of guilt, by a municipal court. The governing body of any municipality may proceed only when the court has exhausted all judicial enforcement remedies permitted by law or court rule and the Administrative Director of the Courts has authorized collection through a private agency or firm. The use of private agencies or firms to collect delinquent fees, fines, costs, surcharges, and other penalties or assessments imposed by a municipal court shall be in accordance with rules or procedures adopted by the Supreme Court. Any such contract shall be made and awarded pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). The governing body of any municipality may authorize the assessment of a fee by a private agency or firm not to exceed 22% of the amount collected to be paid by the debtor to the private agency or firm to pay for the costs of collection.
L.1983, c.208, s.1; amended 1997, c.212; 2009, c.233, s.3.