reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:60-7 - Miscellaneous

40A:60-7. Miscellaneous
a. The borough council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S. 40A:9-136.
b. The borough council may, by ordinance, adopt an administrative code. The administrative code shall restate the major provision of the borough's charter and the general law supplementing the charter. The administrative code shall set forth the manner in which the council shall perform its duties. If the council organizes itself into standing committees or if the council members serve as heads of departments with administrative control over said departments, the administrative code shall specify the powers and duties of such committees or department heads and the manner in which they are appointed. The administrative code shall set forth the titles of the principal municipal officers, how the officers are appointed, how they are organized into departments, boards, commissions, and other agencies; whom they supervise, by whom they are supervised; what powers they have; and what procedure should be followed to carry on the activities of the borough government. The administrative code shall not grant any power or authority, nor authorize any procedure, unless such power, authority or procedure is authorized implicitly by the wording of the statute or derived by reasonable implication therefrom.
c. The assets and liabilities of any board, commission or district created pursuant to the statutes repealed in section 40A:60-8 of this act shall be transferred to the municipality.
d. The borough council may create such advisory councils to the municipality as it may choose, including councils for the functions absorbed by it of any heretofore existing boards, commissions or districts.
(Added by P.L. 1987, c.379, effective January 8, 1988.)
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:60-8 - Statutes Repealed

40A:60-8. Statutes Repealed
The following acts are hereby repealed:
R.S. 40:86-1 to R.S. 40:86-5
R.S. 40:87-1 to R.S. 40:87-9 R.S. 40:87-14 to R.S. 40:87-16
R.S. 40:87-29 to R.S. 40:87-30 P.L.1939, c. 285, s. 1 (C. 40:87-30.1)
P.L.1953, c. 424, s.s. 1 to 3 (C. 40:87-30.2 to C. 40:87-30.4)
R.S. 40:87-31
R.S. 40:87-46 to R.S. 40:87-58
R.S. 40:88-1 to R.S. 40:88-3
R.S. 40:88-4 to R.S. 40:88-11
R.S. 40:88-13 to R.S. 40:88-17
R.S. 40:89-1 to R.S. 40:89-3
R.S. 40:90-1 to R.S. 40:90-4
P.L.1981, c. 255 (C. 40:90-5 to C. 40:90-8)
R.S. 40:91-1 to R.S. 40:91-7 R.S. 40:92-1 to R.S. 40:92-7
P.L.1950, c. 324, s. 1 (C. 40:92-7.1) R.S. 40:92-8 to R.S. 40:92-11
R.S. 40:93-1 to R.S. 40:93-9 R.S. 40:94-1 to R.S. 40:94-6
P.L.1933, c. 376
P.L.1899, c. 209
P.L.1929, c. 2
(Added by P.L. 1987, c.379, effective January 8, 1988.)
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:60-8.1 - Continuation of certain borough boards

40A:60-8.1. Continuation of certain borough boards
1. Any board of public works which was in existence at the time P.L.1987, c.379 was enacted in a municipality with a population greater than 12,500 but not more than 13,000 according to the 1980 federal decennial census, in a county of the first class, or in a municipality with a population greater than 500 but less than 3,500 according to the 1980 federal decennial census, and operating under the borough form of government may continue to operate unless the borough dissolves the board in the manner prescribed by law prior to the enactment of P.L.1987, c.379.
L.1990,c.65,s.1; amended 1992,c.183,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-1 - Incorporation; Corporate Seal; Change of Name

40A:61-1. Incorporation; Corporate Seal; Change of Name
a. The inhabitants of each of the several cities are hereby continued as a body politic and corporate in law as heretofore constituted and established and shall be known by the name of "the city of ........, in the county of ........" (as the case may be), and the boundaries of the several cities shall be and remain as heretofore established by law.
b. This act shall apply to any city that upon January 1, 1988 is governed by the provisions of the 1897 city law (P.L. 1897, c. 30; R.S. 40:108-1), the 1899 city law (P.L. 1899, c. 52; R.S. 40:109-3), or any charter granted by the Legislature prior to 1875.
c. Notwithstanding the provisions set out in b. above, any city with a special charter granted by the Legislature prior to 1875 shall continue to use such charter to provide the term of office for the mayor, the number of councilmen, their respective terms of office, the number of wards used, if any, and whether they serve for staggered or concurrent terms, until such city adopts the provisions as set out in this law, by referendum of the voters. The city council may, by ordinance, not less than sixty days preceding any general election, call for a referendum of the legal voters of the city on the question of whether the city should abandon its then existing pattern of organization of the council and mayor and adopt the provisions of this act.
d. Each city governed by the laws pertaining to the city form of government shall have full power to sue and be sued and have a corporate seal.
e. Any existing city may, by resolution of the council, adopt a name, as prescribed in subsection a. of this section, and the city clerk shall then file a copy of the resolution adopting the name with the county clerk, certified by the city clerk. After the filing of the certificate the city shall be known and designated by the name adopted, but no suit, proceeding or instrument shall abate or in anywise be affected by any change of corporate name. (Source: R.S. 40:86-2, R.S. 40:142-1, and New.)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-2 - Elected Officers

40A:61-2. Elected Officers
a. (1) The mayor shall be elected by the voters of the city at large and serve for a term of four years and until his successor shall have qualified;
(2) Notwithstanding the provisions set out in paragraph (1) of subsection a. of this section, any city which elected its mayor for a two or three year term prior to the effective date of this act shall continue to elect its mayor for that term, until such time as the city has adopted by referendum of the voters the provisions of this act.
b. (1) The council shall consist of seven members; six shall be elected from two wards for staggered three year terms and one shall be elected at large for a four year term. The terms of the councilmen elected from wards shall be arranged, by lot if necessary, so that the terms of two councilmen, one from each ward, shall expire at the end of each year.
(2) Any city which, prior to the effective date of this act, had a council whose method of election, composition, or tenure of its membership differed in any way from the provisions of paragraph (1) of subsection b. of this section shall continue to be governed by those provisions which determined the council's method of election, composition or tenure of its membership prior to the effective date of this act, until such time as the city has adopted, by referendum of the voters, the provisions of this act.
c. No city shall elect any officers other than the mayor and council.
d. There shall be held annually, at the time provided by law for holding general elections an election for city officers. (Source: R.S. 40:108-1.)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-3 - General Powers

40A:61-3. General Powers
Every city, governed by the city form of government, shall, subject to the provisions of this act or other general law, have full power to exercise all powers of local government in such manner as council may determine.
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-4 - Powers of the Mayor

40A:61-4. Powers of the Mayor
a. The mayor shall be the chief executive officer of the city.
b. The mayor shall have all those powers designated by general law.
c. The mayor may participate in any deliberation of the council and, on any occasion where the council is unable to agree with respect to the adoption of an ordinance or resolution, by reason of being equally divided in a vote therein, the mayor shall have the power to cast a vote to break a tie.
d. Every ordinance adopted by the council shall, within five days after its passage, Sundays excepted, be presented to the mayor by the city clerk. The mayor shall, within 10 days after receiving the ordinance, Sundays excepted, either approve the ordinance by affixing his signature thereto or return it to the council by delivering it to the clerk together with a statement setting forth his objections thereto or any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor's approval, unless the mayor fails to return the ordinance to the council, as prescribed above, or unless the council, upon consideration of the ordinance following its return, shall, by a vote of two-thirds of all the members of council, resolve to override the veto.
e. The mayor shall see to it that the laws of the State and the ordinances of the city are faithfully executed. He shall recommend to the council such measures as he may deem necessary or expedient for the welfare of the city. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the city.
f. The mayor shall be the head of the police department and shall have the power to appoint, suspend or remove all employees of the police department. He shall appoint the chief of police and such captains and sergeants as may be authorized by ordinance, with the advice and consent of council. He shall control and direct the police force of the city and he may appoint such special policemen as he may deem necessary for the preservation of public order. He shall enforce the laws of the State and the ordinances of the city.
g. The mayor shall supervise the official acts of the city employees and report derelictions of duty to the council. (Source: 40:108-1(3-4), R.S. 40:108-1(15), R.S. 40:108-1(24), R.S. 40:108-1(148-9).)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-5 - Powers of the Council

40A:61-5. Powers of the Council
a. The council shall be the legislative body of the municipality.
b. The council may, subject to general law and the provisions of this act:
(1) pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;
(2) control and regulate the finances of the municipality and raise money by borrowing or taxation;
(3) investigate any activity of the municipality;
(4) override a veto of the mayor by a two-thirds majority of all the members of the council.
c. The council shall appoint the subordinate officials of the municipality, except as provided elsewhere by law. In any case where the council is unable to appoint an officer or fill a vacancy to any appointed position by reason of being equally divided in a vote therein, the mayor shall have the power to cast a vote to break a tie. (Source: R.S. 40:108-1(148-9), and New.)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-6 - Organization of Council

40A:61-6. Organization of Council
a. The city council shall hold an annual meeting on the first day of January at twelve o'clock noon, or during the first seven days of January in any year.
b. At its annual meeting, the council shall, by the vote of a majority of its number, elect a president of the council, who shall preside at all its meetings, and a president pro tempore who shall preside in the president's absence. They shall hold office for one year and until the next annual meeting.
c. A majority of the council shall constitute a quorum for transacting business.
d. The council may, at its annual meeting, establish for its members such committees of the council as will assist it for the ensuing year.
e. The council shall hold such other meetings, at such time and place as it may by resolution direct, but all regular meetings shall be held within the city.
f. The president shall, when necessary, call special meetings of the council. In case of his neglect or refusal, a majority of the members of the council may call such meeting at such time and place in the city as it may designate, and in all cases of special meeting a notice shall be given to all members of the council, or left at their places of residence.
g. Whenever there shall be a vacancy in the office of mayor, or whenever the mayor shall be prevented by absence from the city, sickness or other cause from attending the duties of his office, the council president pro tempore shall act as mayor and possess all the power of mayor for that period.
h. No officer, who has attained tenure by any provision of any section herein repealed by section 40A:61-8 of this act, shall be affected in any way by such repeal. (Source: R.S. 40:108-1(12), R.S. 40:108-1(14), R.S. 40:108-1(26), and New.)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-7 - Miscellaneous

40A:61-7. Miscellaneous
a. The municipality may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S. 40A:9-136.
b. The municipality may, by ordinance, adopt an administrative code. The administrative code shall restate the major provision of the city's charter and the general law supplementing the charter. The administrative code shall set forth the manner in which the council shall perform its duties. If the council organizes itself into standing committees or if the council members serve as heads of departments, the administrative code shall specify the powers and duties of such committees or department heads and the manner in which they are appointed. The administrative code shall also set forth the titles of the principal municipal officers, how the officers are appointed, how they are organized into departments, boards, commissions, and other agencies; whom they supervise, by whom they are supervised; their powers; and what procedures should be followed to carry on the activities of the city government. The administrative code shall not grant any power or authority nor authorize any procedure, unless the power, authority or procedure is authorized implicitly by the wording of the statute or derived by reasonable implication therefrom.
c. The assets and liabilities of any board, commission or district created pursuant to the statutes repealed in section 40A:61-8 of this act shall be transferred to the municipality.
d. The city council may create such advisory councils to the municipality as it may choose, including councils for the functions absorbed by it of any heretofore existing board, commission or district. (Source: New.)
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:61-8 - Statutes Repealed.

40A:61-8. Statutes Repealed.
The following acts are hereby repealed:
P.L.1897, c. 30, s. 1 to 3 (R.S. 40:108-1(1) to R.S. 40:108-1(3))
P.L.1955, c. 176, s. 1 (C. 40:108-1(3.1))
P.L.1897, c. 30, s. 14 to 17 (R.S. 40:108-1(14) to R.S. 40:108-1(17))
P.L.1953, c. 304 (C. 40:108-1(17.1))
P.L.1897, c. 30, s. 18 to 34 (R.S. 40:108-1(18) to R.S. 40:108-1(34))
P.L.1897, c. 30, s. 38 to 39 (R.S. 40:108-1(38) to R.S. 40:108-1(39))
P.L.1897, c. 30, s. 43 to 51 (R.S. 40:108-1(43) to R.S. 40:108-1(51))
P.L.1897, c. 30, s. 56 (R.S. 40:108-1(56))
P.L.1897, c. 30, s. 58 to 64 (R.S. 40:108-1(58) to R.S. 40:108-1(64))
P.L.1897, c. 30, s. 67 to 149 (R.S. 40:108-1(67) to R.S. 40:108-1(149))
P.L.1899, c. 52, s. 1 to 34 (R.S. 40:109-3(1) to R.S. 40:109-3(34))
P.L.1899, c. 52, s. 38 to 39 (R.S. 40:109-3(38) to R.S. 40:109-3(39))
P.L.1899, c. 52, s. 43 to 51 (R.S. 40:109-3(43) to R.S. 40:109-3(51))
P.L.1899, c. 52, s. 56 (R.S. 40:109-3(56))
P.L.1899, c. 52, s. 58 to 102 (R.S. 40:109-3(58) to R.S. 40:109-3(102))
P.L.1939, c. 358 (C. 40:171-106A)
P.L.1947, c. 332 (C. 40:171-109.1)
R.S. 40:171-188.1 to R.S. 40:171-188.2
P.L.1947, c. 270 (C. 40:171-188.3)
R.S. 40:171-191
P.L.1965, c. 155 (C. 40:171-217.1 to 40:171-217.3)
P.L.1952, c. 162 (C. 40:171-221.1 to 40:171-221.2)
P.L.1950, c. 55 (C. 40:171-234)
R.S. 40:173-1 to R.S. 40:173-3
P.L.1953, c. 69 (C. 40:173-3.1 to C. 40:173-3.2)
R.S. 40:173-4 to R.S. 40:173-20
R.S. 40:174-148
R.S. 40:175-1
R.S. 40:176-3 to R.S. 40:176-8
P.L.1966, c. 248 (C. 40:176-8.1)
R.S. 40:176-9 to R.S. 40:176-10
R.S. 40:176-13 to R.S. 40:176-19
P.L.1957, c. 26 (C. 40:176-20)
R.S. 40:177-1 to R.S. 40:177-12
R.S. 40:178-1 to R.S. 40:178-30
P.L.1947, c. 311 (C. 40:178-30.1)
R.S. 40:178-31 to R.S. 40:178-48
R.S. 40:179-1 to R.S. 40:179-125
R.S. 40:180-1 to R.S. 40:180-4
R.S. 40:181-1 to R.S. 40:181-6
R.S. 40:182-1 to R.S. 40:182-2
R.S. 40:183-1 to R.S. 40:183-50
R.S. 40:183-52 to R.S. 40:183-76
R.S. 40:184-1 to R.S. 40:184-28
R.S. 40:184-29 to R.S. 40:184-37
R.S. 40:185-1 to R.S. 40:185-3
P.L.1954, c. 42 (C. 40:185-4 to 40:185-5)
R.S. 40:186-1 to R.S. 40:186-4
R.S. 40:188-1 to R.S. 40:188-14
R.S. 40:189-1 to R.S. 40:189-6
R.S. 40:190-1 to R.S. 40:190-12
L. 1987, c. 314, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-1 - Incorporation; Corporate Seal

40A:62-1. Incorporation; Corporate Seal
a. The inhabitants of each of the several towns are hereby continued as a body politic and corporate in law as heretofore constituted and established and shall be known by the name of "the mayor and council of the town of. . . . . . . . . . . . . . . ., in the county of . . . . . . . . . . . . . . ." (as the case may be), and the boundaries of the several towns shall be and remain as heretofore established by law.
b. This act shall apply to all towns which, prior to the effective date of this act, used the provisions applicable to towns as set out in the Revised Statutes, Title 40, chapters 123 to 141 inclusive, and those towns whose incorporation was by special act of the Legislature prior to 1875.
c. Each town governed by the laws pertaining to the town form of government shall have full power to sue and be sued and have a corporate seal.
d. Any existing town may, by resolution of the council, adopt a name, as prescribed in subsection a. of this section, and the town clerk shall then file a copy of the resolution adopting the name with the county clerk, certified by the town clerk. After the filing of the certificate, the town shall be known and designated by the name so adopted, but no suit, proceeding or instrument shall abate or in anywise be affected by any change of corporate name. (Source: R. S. 40:86-2, R. S. 40:142-1, and New.)
L. 1988, c. 7, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-2 - Elected officers, terms.

40A:62-2 Elected officers, terms.
1. a. The mayor shall be elected by the voters of the municipality at large and shall be known as the councilman-at-large. The mayor shall serve for a term of four years.
b. (Deleted by amendment, P.L.2005, c.93).
c. The council shall consist of eight members, two elected from each of four wards. The members of council shall serve for a term of four years.
d. Notwithstanding the provisions of subsection c. of this section, any town, whose council immediately prior to the effective date of P.L.1988, c.7 had a council whose method of election, composition or tenure of its membership differed in any way from the provisions set out in subsection c. of this section, shall continue to be governed by those provisions which determined the council's method of election, composition or tenure of its membership, as the case may be, until such time it wishes to adopt the provisions as set out in subsection c. of this section. Any adoption shall be by referendum of voters, after the town council shall have passed an ordinance not less than 60 days preceding any general election calling for the referendum to be placed upon the ballot. The referendum shall not be submitted to the voters more than once in any 10-year period.
e. The annual election for town officers shall be held at the same time and places as the general election. No person shall be permitted to vote at any such election unless he is an actual resident of the election district in which he offers his vote.
L.1988, c.7, s.1; amended 2001, c.118, s.2; 2005, c.93; 2009, c.339, s.5.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-2.1 - Voters may increase terms of certain mayors, council members.

40A:62-2.1 Voters may increase terms of certain mayors, council members.
1. a. The legal voters of any town in which the mayor and council members are elected for two-year terms of office, may by petition and referendum, require that the mayor and council members shall be elected for four-year terms of office.
b. Upon the submission to the town clerk of a petition, signed by at least fifteen per centum (15%) of the legal voters of the municipality who cast their votes in the municipality at the last election in which members of the General Assembly were elected, the proposition shall be submitted to the voters at the next general election. The proposition shall not be submitted more than once in any 10-year period.
c. The notice, advertisement and conduct of the referendum shall be in the same manner as for offices voted at the general election.
d. The proposition shall be submitted to the voters at the election in substantially the following form: "Shall the term of the mayor and council members in ...............(name of town)............... be increased to four years?"
e. A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the general election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to adopt it.
L.1991, c.227, s.1; amended 2009, c.339, s.6.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-2.2 - Phasing-in, staggering, of four-year terms

40A:62-2.2. Phasing-in, staggering, of four-year terms
2. Notwithstanding any other provisions of law to the contrary, upon approval by the legal voters of the town of the proposition to increase the term of the mayor and council members to four years, at the first annual election after the approval of the proposition, in those towns where the town is divided into wards with two council members from each ward, the voters shall elect those members of the council whose terms expire at the end of the year in which the election is held to two-year terms and the mayor and remaining members of the town council shall be elected to four-year terms, the respective terms of each to be designated on the ballot. Thereafter, the mayor and members of the town council shall be elected to four-year terms at an election held in the year in which their respective terms expire.
L.1991,c.227,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-3 - Organization; Officers

40A:62-3. Organization; Officers
a. The mayor and council members of every town shall constitute the council thereof. They shall hold an annual meeting on the first day of January at twelve o'clock noon, or during the first seven days of January in any year.
b. The mayor, heretofore known as the councilman-at-large, shall be chairman of the council and preside at all meetings of the council. In his absence, the council may elect one of its own as chairman for the time being.
c. The council shall appoint the times of meetings and determine and establish the rules of its own proceedings.
d. A majority of the council shall constitute a quorum for the transaction of business, but a smaller number may meet and adjourn from day to day.
e. The mayor or any two councilmen may call for a special meeting by written notice to each of the members, served personally or left at the member's usual place of residence at least twenty-four hours before the time appointed for the meeting. No other business than that specified in the call for the meeting shall be discussed or transacted.
f. The council may, at its annual meeting, establish for its members such committees of the council as will assist it for the ensuing year.
g. No officer, who has obtained tenure by any provision of any section herein repealed by section 40A:62-8 of this act, shall be affected in any way by such repeal. (Source: R. S. 40:125-1, R. S. 40:125-4, R. S. 40:126-1, R. S. 40:146-2, and New.)
L. 1988, c. 7, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-4 - General Powers.

40A:62-4 General Powers.
Every town, governed by the town form of government pursuant to this act, shall, subject to the provisions of this act or other general law, have full power to exercise all powers of local government in such manner as council may determine. (Source: P.L.1950, c.210, ss.2-4.)
L. 1988, c.7, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-5 - Powers of the mayor

40A:62-5. Powers of the mayor
40A:62-5. a. The councilman-at-large shall be officially known and designated as the mayor of . . . . . . . . . . . . . (the name of the town in which he is elected). He shall be so designated in all official documents and instruments of every kind, and shall sign all ordinances, warrants, bonds, notes, contracts and all other official documents and instruments by said title.
b. The mayor shall be the head of the municipal government.
c. The mayor shall have all those powers placed in the mayor by general law.
d. The mayor shall be known as the chairman of the council, preside at all its meetings and possess all the powers of a member of council.
e. Every ordinance adopted by the council shall be presented to the mayor within five days after its passage, Sundays excepted, by the town clerk. The mayor shall, within ten days after receiving the ordinance, either approve it by affixing his signature thereto or return it to the council by delivering it to the clerk together with a statement setting forth his objections thereto. No ordinance shall take effect without the mayor's approval, unless the mayor fails to return the ordinance to the council, as prescribed above, or unless the council, upon consideration of the ordinance following its return, shall, by a vote of two-thirds of all members of the council, resolve to override the veto.
f. No ordinance shall be passed except by a vote of a majority of the members of the council present at the meeting, provided that at least four affirmative votes shall be required for such purpose.
g. The mayor shall appoint all of the members of the municipal utilities authority in municipalities where such an authority has been created by the municipal governing body pursuant to the provisions of P.L.1957, c.183 (C.40:14B-1 et seq.).
L.1988, c.7, s.1; amended 1991,c.10,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-6 - Powers of the Council.

40A:62-6 Powers of the Council.
a. The council shall be the legislative body of the municipality.
b. The council may subject to general law and the provisions of this act:
(1) Pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;
(2) Control and regulate the finances of the municipality and raise money by borrowing and taxation;
(3) Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the council. Other than the town attorney, engineer , building inspector, clerk, tax collector and tax assessor, these officers shall serve at the pleasure of the council. The town attorney, engineer, clerk, tax collector and tax assessor shall serve for terms as provided in chapter 9 of Title 40A of the New Jersey Statutes;
(4) Investigate any activity of the municipality;
(5) Remove any officer of the municipality, other than those officers excepted by law, for cause; and
(6) Override a veto of the mayor by a two-thirds majority of all the members of the council.
c. The council shall have all the executive responsibilities of the municipality not placed, by general law or this act, in the office of the mayor.
d. The council may, by ordinance, appoint such subordinate officers as it may deem necessary, except that the clerk, the tax assessor and the tax collector shall be appointed by the mayor and council.
e. Every officer appointed pursuant to this section shall hold office during his official term and until his successor shall have been duly appointed and qualified. (Source: R. S. 40:125-3, R. S. 40:125-37, R. S. 40:133-3 and New.)
L. 1988, c. 7, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-7 - Miscellaneous

40A:62-7. Miscellaneous
a. The town council may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to N.J.S.40A:9-136.
b. The town council may, by ordinance, adopt an administrative code. The administrative code shall restate the major provisions of the town's charter and the general law supplementing the charter. The administrative code shall set forth the manner in which the council shall perform its duties. If the council organizes itself into standing committees or if the council members serve as heads of departments, with administrative control over said departments, the administrative code shall specify the powers and duties of such committees or department heads and the manner in which they are appointed. The administrative code shall also set forth the titles of the principal municipal officers, how the officers are appointed, how they are organized into departments, boards, commissions, and other agencies; whom they supervise; by whom they are supervised; what powers they have; and what procedures should be followed to carry on the activities of the city government. The administrative code shall not grant any power or authority nor authorize any procedure, unless such power, or authority or procedure is authorized implicitly by the wording of the statute or derived by reasonable implication therefrom.
c. The assets and liabilities of any board, commission or district created pursuant to the statutes repealed in section 40A:62-8 of this act shall be transferred to the municipality.
d. The town council may create such advisory councils to the municipality as it may choose, including councils for the functions absorbed by it of any heretofore existing board, commission or district. (Source: New.)
L. 1988, c. 7, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:62-8 - Statutes Repealed.

40A:62-8. Statutes Repealed.
The following acts are hereby repealed: P. L. 1981, c. 427, s. 8 (C. 40:123-6.1) R. S. 40:123-9 R. S. 40:124-1 to R. S. 40:124-3 R. S. 40:125-1 to R. S. 40:125-5 P. L. 1981, c. 427, s. 9 (C. 40:125-4.1) R. S. 40:125-11 to R. S. 40:125-12 R. S. 40:125-14 to R. S. 40:125-24 R. S. 40:125-30 to R. S. 40:125-35 R. S. 40:125-37 to R. S. 40:125-40 R. S. 40:126-1 to R. S. 40:126-5 R. S. 40:127-1 to R. S. 40:127-3 R. S. 40:128-1 to R. S. 40:128-5 R. S. 40:129-1 to R. S. 40:129-3 R. S. 40:130-1 to R. S. 40:130-5 R. S. 40:131-1 P. L. 1981, c. 427, s. 16 (C. 40:131-1.1) R. S. 40:131-2 to R. S. 40:131-4 R. S. 40:131-7 to R. S. 40:131-8 R. S. 40:132-1 P. L. 1981, c. 427, s. 17 (C. 40:132-1a) R. S. 40:132-3 R. S. 40:132-10 R. S. 40:132-12 to R. S. 40:132-16 R. S. 40:133-1 to R. S. 40:133-4 R. S. 40:134-1 to R. S. 40:134-2 R. S. 40:135-1 to R. S. 40:135-2 R. S. 40:136-1 to R. S. 40:136-2 R. S. 40:137-1 to R. S. 40:137-2 R. S. 40:138-1 to R. S. 40:138-7 R. S. 40:138A-1 to R. S. 40:138A-6 R. S. 40:139-1 to R. S. 40:139-6 R. S. 40:140-1 to R. S. 40:140-3 L. 1902, c. 124 L. 1914, c. 126 L. 1917, c. 67 L. 1917, c. 165
L. 1988, c. 7, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-1 - Incorporation

40A:63-1. Incorporation
a. The inhabitants of each of the several townships are hereby continued as a body politic and corporate in law as heretofore constituted and established and shall be known by the name of "the township of ........................, in the county of ........................." (as the case may be), and the boundaries of the several townships shall be and remain as heretofore established by law.
b. No suit, proceeding or instrument shall abate or anywise be affected by any changes in the corporate name of the township.
c. Each township, governed by the laws pertaining to the township form of government, shall have full power to sue and be sued and have corporate seal.
Source: R.S.40:142-1 and New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-2 - Elected Officers

40A:63-2. Elected Officers
a. (1) The elected officers of every township shall be the members of the township committee, as hereinafter prescribed;
(2) All elected officers shall be residents of the township and their terms of office shall begin on January 1 next succeeding their election. No township officer shall hold over in his office after the expiration of the term for which he was elected; and
(3) A plurality of votes shall be sufficient to elect any township officer.
b. (1) The township committee shall consist of three or five members elected at large and who shall hold office for a term of three years;
(2) In each township:
(a) If the committee is to consist of three members, then the terms shall be arranged, by lot if necessary, so that there will be an election of one member of the committee every year; or
(b) If the committee is to consist of five members, then the terms shall be arranged, by lot if necessary, so that no more than two members of the committee will be elected in any one year, and
(3) Notwithstanding the provisions of paragraph (1) of subsection b. of this section, a township that has been divided into wards prior to the effective date of this act shall continue to be so divided into wards for as long as the referendum establishing the wards remains in effect. The members of the township committee and the member at large shall be elected as hereinafter provided for.
c. The annual township election for members of the township committee shall be held at the same time and places as for the general election.
Source: R.S.40:143-1, R.S.40:144-14, R.S.40:145-1, R.S.40:145-2, R.S.40:146-1 and New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-4 - General Powers

40A:63-4. General Powers
Every township, governed by the township form of government pursuant to this act, shall, subject to the provisions of this act or other general law, have full power to exercise all powers of local government in such manner as its committee may determine.
Source: New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-5 - Powers of the Mayor

40A:63-5. Powers of the Mayor
a. The mayor shall be the chairman of the township committee and head of the municipal government. In those townships divided into wards the mayor shall be the member of the township committee elected at large.
b. The mayor shall have all those powers placed in the mayor by general law.
c. The mayor shall preside at meetings of the committee and shall have the right to debate and vote on all questions before the committee.
Source: New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-6 - Powers of the Committee

40A:63-6. Powers of the Committee
a. The committee shall be the legislative body of the municipality.
b. The committee may subject to general law and the provisions of this act:
(1) pass, adopt, amend and repeal any ordinance or, where permitted, any resolution for any purpose required for the government of the municipality or for the accomplishment of any public purpose for which the municipality is authorized to act under general law;
(2) control and regulate the finances of the municipality and raise money by borrowing and taxation;
(3) create such offices and positions as they deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the committee. Other than the township attorney, engineer, building inspector, the clerk, tax collector and tax assessor who shall serve for terms as provided in Chapter 9 of Title 40A of the New Jersey Statutes, these officers shall serve at the pleasure of the committee;
(4) investigate any activity of the municipality; and
(5) remove any officer of the municipality, other than those officers excepted by law, for cause.
c. The committee shall have all the executive responsibilities of the municipality not placed, by general law or this act, in the office of the mayor.
Source: R.S.40:145-13 and New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-7 - Miscellaneous

40A:63-7. Miscellaneous
a. The township committee may, by ordinance, delegate all or a portion of the executive responsibilities of the municipality to an administrator, who shall be appointed pursuant to chapter 9 of Title 40A of the New Jersey Statutes (40A:9-136).
b. The township committee may, by ordinance, adopt an administrative code. The administrative code shall restate the major provisions of the township's charter and the general law supplementing the charter. The administrative code shall set forth the manner in which the committee shall perform its duties. If the committee organizes itself into standing committees or if the committee members serve as heads of departments with administrative control over said departments, the administrative code shall specify the powers and duties of such committees or department heads and the manner in which they are appointed. The administrative code shall set forth the titles of the principal officers, how the officers are appointed, how they are organized into departments, boards, commissions and other agencies; whom they supervise; by whom they are supervised; what powers they have and what procedure should be followed to carry on the activities of the township government. The administrative code shall not grant any power or authority, nor authorize any procedure, unless such power, authority or procedure is authorized implicitly by the wording of the statute or derived reasonably by implication therefrom.
c. The assets and liabilities of any board, commission or district created pursuant to the statutes repealed in section 40A:63-9 of this act shall be transferred to the municipality.
d. The township committee may create such advisory councils to the municipality as they may choose, including councils for the functions absorbed by them of any heretofore existing boards, commissions or districts.
Source: New.)
L.1989,c.157,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-7.1 - Assistant municipal administrator, office created by township

40A:63-7.1. Assistant municipal administrator, office created by township
1. a. The governing body of any township, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant municipal administrator shall be to assist in the administration of the township under the direction of the municipal administrator. The position of assistant municipal administrator shall be an unclassified position in any township which has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
b. During the absence or disability of the municipal administrator, the assistant municipal administrator shall have all the powers of the municipal administrator and shall perform the functions and duties of the municipal administrator.
c. The assistant municipal administrator shall be appointed by the township governing body. The assistant municipal administrator may be removed by the township governing body.
d. The assistant municipal administrator shall receive the compensation as may from time to time be directed by the governing body by ordinance. The ordinance may provide that a person appointed to the position of assistant municipal administrator need not be a resident of the township.
L.1993,c.75,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-8 - Villages

40A:63-8. Villages
a. Any village heretofore incorporated under, or which shall have heretofore adopted the provisions of the act entitled "An act for the formation and government of villages", approved the 23rd day of February, 1891, or which shall hereafter be governed by the provisions of this act; provided, however, that the provisions of this act shall not affect the provisions of any special charter granted to a village by the Legislature.
b. Every village, governed by the laws pertaining to the village form of government, shall operate and transact all of its business according to the laws pertaining to the township form of government as prescribed in this act (N.J.S.40A:63-1 et seq.) and general law, except as provided for in this section (N.J.S.40A:63-8).
c. In this act and, where appropriate, in general law, whenever the term "township", "township committee" or "mayor" is used, read "village", "board of trustees" or "president of the board", respectively, for the village form of government.
d. The village board of trustees shall consist of five members who shall be elected at large and serve for a term of three years. Their terms shall be arranged, by lot if necessary, so that no more than two trustees shall be elected in any one year.
Source: R.S.40:157-16, R.S.40:158-2 and New.)
L.1989,c.157,c.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-8.1 - Assistant municipal administrator, office created by village

40A:63-8.1. Assistant municipal administrator, office created by village
2. a. The governing body of any village, by ordinance, may create the office of assistant municipal administrator. The primary function of the assistant municipal administrator shall be to assist in the administration of the village under the direction of the municipal administrator. The position of assistant municipal administrator shall be an unclassified position in any village which has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes.
b. During the absence or disability of the municipal administrator, the assistant municipal administrator shall have all the powers of the municipal administrator and shall perform the functions and duties of the municipal administrator.
c. The assistant municipal administrator shall be appointed by the village governing body. The assistant municipal administrator may be removed with or without cause by the village governing body.
d. The assistant municipal administrator shall receive the compensation as may from time to time be directed by the governing body by ordinance. The ordinance may provide that a person appointed to the position of assistant municipal administrator need not be a resident of the village.
L.1993,c.75,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:63-9 - Statutes Repealed

40A:63-9. Statutes Repealed
The following acts are hereby repealed:
R.S.40:95-1 to R.S.40:95-6
R.S.40:96-1 to R.S.40:96-10
R.S.40:97-1 to R.S.40:97-8
P.L.1939, c.182, s. 1 (C.40:97-9)
R.S.40:98-1 to R.S.40:98-3
R.S.40:99-1
R.S.40:99-3
R.S.40:100-1 to R.S.40:100-7
R.S.40:101-1 to R.S.40:101-18
R.S.40:102-1 to R.S.40:102-9
R.S.40:142-1 to R.S.40:142-2
R.S.40:143-1 to R.S.40:143-3
R.S.40:144-1
P.L.1981, c.427, s.21 (C.40:144-1.1)
R.S.40:144-2 to R.S.40:144-6
R.S.40:144-11 to R.S.40:144-14
P.L.1948, c.437 (C.40:144-16 to 40:144-26)
R.S.40:145-1 to R.S.40:145-4
R.S.40:145-6 to R.S.40:145-7
R.S.40:145-9 to R.S.40:145-10
R.S.40:145-12 to R.S.40:145-13
P.L.1950, c.23 s.1-2 (C.40:145-13.1 to 40:145-13.2)
R.S.40:145-14 to R.S.40:145-18
R.S.40:145-29 to R.S.40:145-31
P.L.1948, c.309 (C.40:145-32)
P.L.1970, c.281 s. 1 (C.40:145-33)
R.S.40:146-1 to R.S.40:146-3
R.S.40:146-13
P.L.1938, c.65, s. 1(C.40:146-13.1)
R.S.40:146-21 to R.S.40:146-26
P.L.1939, c.167, s. 1-3 (C.40:146-27 to 40:146-29)
R.S.40:147-1 to R.S.40:147-2
R.S.40:148-1 to R.S.40:148-3
R.S.40:148-5 to R.S.40:148-10
R.S.40:149-1
P.L.1966, c.288, s. 1-2 (C.40:149-3.2 to 40:149-3.3)
R.S.40:150-2 to R.S.40:150-5
R.S.40:152-1 to R.S.40:152-4
R.S.40:153-1 to R.S.40:153-35
P.L.1947, c.49, s. 1-8 (C.40:153-36 to 40:153-43)
R.S.40:155-1 to R.S.40:155-11
R.S.40:157-16
R.S.40:158-1 to R.S.40:158-2
R.S.40:158-4 to R.S.40:158-7
R.S.40:159-1 to R.S.40:159-2
R.S.40:161-1 to R.S.40:161-6
P.L.1946, c.76, s. 1-2 (C.40:162A-1 to 40:162A-2)
R.S.40:163-1
N.J.S.40A:9-153.1 to N.J.S.40A:9-153.2
N.J.S.40A:14-101 to N.J.S.40A:14-103
N.J.S.40A:18-1 to N.J.S.40A:18-64
L.1892, c.175
L.1930, c.96
L.1935, c.135
L.1989, c.157, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:64-2 - Referendum prohibiting Sunday sales in county

40A:64-2. Referendum prohibiting Sunday sales in county
15. a. Section 14 of P.L.1999, c.90 (C.40A:64-1) prohibiting Sunday sales shall not become operative in any county unless the voters of the county have determined by referendum held pursuant to this section or its predecessor that Sunday sales shall not be permitted in the county.
b. A public question as to whether Sunday sales shall be permitted in a county shall be submitted to the voters of the county at a general election if a petition signed by not less than 2,500 registered voters of the county requesting that the question be submitted is filed with the county clerk prior to the 45th day preceding the general election.
c. There shall be printed on each official ballot to be used at such election, the following:
If you favor the proposition printed below make a cross (X), plus (+) or check ( ) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check ( ) in the square opposite the word "No."
YES.
Shall Sunday sales be permitted in this county?
NO.,
In any municipality in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the instructions and shall be voted upon by the use of such machines.
d. If at the election at which the question is submitted, the majority of all the votes cast are cast against the question, the provisions of section 14 of P.L.1999, c.90 (C.40A:64-1) shall be operative in the county on the first Sunday after the election. If a majority of votes is cast in favor of the question, the provisions of this act shall remain inoperative in the county.
e. In a county in which there has been a referendum on Sunday sales provided in this section, a public question as to whether Sunday sales shall be permitted shall be submitted again to the voters of the county if three years has elapsed since the last referendum on the subject and a petition signed by at least 10% of the registered voters of the county requesting that the question again be submitted is filed with the county clerk. The election shall be held at the next general election after the 45th day following the date of the filing of the petition in the same manner as provided in subsection c.
L.1999,c.90, s.15.