reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-186 - Petition papers; affidavits

40:69A-186. Petition papers; affidavits
All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition paper the names and addresses of five voters, designated as the Committee of the Petitioners, who shall be regarded as responsible for the circulation and filing of the petition and for its possible withdrawal as hereinafter provided. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be.
L.1950, c. 210, p. 516, s. 17-37, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-187 - Filing of petition papers; examination; certification of result

40:69A-187. Filing of petition papers; examination; certification of result
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the municipal clerk as one instrument. Within twenty days after a petition is filed, the municipal clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified voters. After completing his examination of the petition, the municipal clerk shall certify the result thereof to the council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify at least two members of the Committee of the Petitioners of his findings.
L.1950, c. 210, p. 517, s. 17-38, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-188 - Amendment of initiative or referendum petition

40:69A-188. Amendment of initiative or referendum petition
An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been served by the municipal clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The municipal clerk shall, within five days after such an amendment is filed, examine the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the Committee of the Petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
L.1950, c. 210, p. 517, s. 17-39, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-189 - Suspension of ordinance

40:69A-189. Suspension of ordinance
Upon the filing of a referendum petition with the municipal clerk, the ordinance shall be suspended until ten days following a finding by the municipal clerk that the petition is insufficient or, if an amended petition be filed, until five days thereafter; or, if the petition or amended petition be found to be sufficient, until it be withdrawn by the Committee of the Petitioners or until repeal of the ordinance by vote of the council or approval or disapproval of the ordinance by the voters.
L.1950, c. 210, p. 518, s. 17-40, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-190 - Submission to municipal council

40:69A-190. Submission to municipal council
Upon a finding by the municipal clerk that any petition or amended petition filed with him in accordance with this act is sufficient, the clerk shall submit the same to the municipal council without delay. An initiative ordinance so submitted shall be deemed to have had first reading and provision shall be made for a public hearing.
L.1950, c. 210, p. 518, s. 17-41, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-191 - Submission of ordinance to voters; withdrawal of petition

40:69A-191. Submission of ordinance to voters; withdrawal of petition
If within 20 days of the submission of a certified petition by the municipal clerk the council shall fail to pass an ordinance requested by an initiative petition in substantially the form requested or to repeal an ordinance as requested by a referendum petition, the municipal clerk shall submit the ordinance to the voters unless, within 10 days after final adverse action by the council or after the expiration of the time allowed for such action, as the case may be, a paper signed by at least four of the five members of the Committee of the Petitioners shall be filed with the municipal clerk requesting that the petition be withdrawn. Upon the filing of such a request, the original petition shall cease to have any force or effect.
L.1950, c. 210, p. 518, s. 17-42, eff. June 8, 1950. Amended by L.1982, c. 145, s. 3, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-192 - Timing of election at which submitted to voters

40:69A-192. Timing of election at which submitted to voters
17-43. a. Any ordinance to be voted on by the voters in accordance with section 17-36 or section 17-42 of this act (C.40:69A-185 or C.40:69A-191) shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date for withdrawal of the petition as provided for in section 17-42 of this act (C.40:69A-191), provided that if no such election is to be held within 90 days the council shall provide for a special election to be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in section 17-42 (C.40:69A-191) of this act.
b. In the case of an initiated petition signed by not less than 10% nor more than 15% of the legal voters, the ordinance shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal of the petition as provided for in section 17-42 (C.40:69A-191) of this act.
c. In any instance where a referendum election is to be held as a result of an ordinance of the council which by its terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof, the time for submission of the question to the voters shall be at the next general or regular municipal election occurring not less than 40 days from the date of final passage and approval of the ordinance. Referenda held on ordinances adopted pursuant to sections 7 through 11 of P.L.1981, c.465 (C.40:69A-25.1 through 40:69A-25.5) shall be governed by this subsection, except that if the referendum is held pursuant to those sections as the result of the report of a charter study commission, the time for submission of the question shall be calculated from the date of that report.
d. Nothing in this section shall be interpreted to waive the requirement for the ballot question to be submitted to the county clerk 74 days prior to the general election as required by section 22 of P.L.2023, c.124 (C.40A:14-72).
L.1950,c.210,s.17-43; amended 1982,c.145,s.4; 1991,c.430,s.5; 2023, c.124, s.21.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-192.1 - Question submitted, county clerk, no later than 74th day preceding election.

40:69A-192.1 Question submitted, county clerk, no later than 74th day preceding election.
23. Any question to be submitted to the voters pursuant to section 192 of P.L.1950, c.210 (C.40:69A-192) shall be submitted to the county clerk not later than the 74th day preceding the election.
L.2023, c.124, s.23.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-193 - Number of proposed ordinances voted upon; time between special elections

40:69A-193. Number of proposed ordinances voted upon; time between special elections
Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article, but there shall not be more than one special election in any period of 6 months for such purpose.
During that 6 month period, any ordinance which would otherwise be submitted to the voters at a special election if one were not already scheduled, shall be submitted at the scheduled special election if at least 30 days shall remain prior thereto from the final date for withdrawal of the petition, otherwise, the ordinance shall be submitted at the next general election or regular municipal election, whichever shall first occur.
L.1950, c. 210, p. 519, s. 17-44, eff. June 8, 1950. Amended by L.1982, c. 145, s. 5, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-194 - Publication of ordinance

40:69A-194. Publication of ordinance
Whenever an ordinance is to be submitted to the voters of the municipality at any election in accordance with this article, the clerk shall cause the ordinance to be published in at least two of the newspapers published or circulated in the municipality. The publication shall be not more than twenty nor less than five days before the submission of the ordinance or proposition to be voted on.
L.1950, c. 210, p. 519, s. 17-45, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-195 - Ballots

40:69A-195. Ballots
The ballots to be used at such election shall be in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) or check (/) in the square at the left of the word Yes, and if opposed thereto mark a cross (X) or plus (+) or a check (/) in the square to the left of the word No."
"Shall the ordinance ...................
Yes. (indicate whether submitted by council or
initiative or referendum petition) providing
No. for .........................................
(here state nature of proposed ordinance or
proposition) be adopted?"
L.1950, c. 210, p. 519, s. 17-46, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-196 - Repeal, amendment of ordinances.

40:69A-196 Repeal, amendment of ordinances.
17-47. a. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality and be published as in the case of other ordinances. No such ordinance shall be amended or repealed within 3 years immediately following the date of its adoption by the voters, except by a vote of the people. The council may, within 3 years immediately following the date of adoption of the ordinance, submit a proposition for the repeal or amendment of that ordinance to the voters at any succeeding general election or regular municipal election. If the proposition submitted shall receive a majority of the votes cast at that election, the ordinance shall be repealed or amended accordingly. If the provisions of two or more measures approved or adopted at the same election conflict then the measure receiving the greatest affirmative vote shall control.
b. Notwithstanding the provisions of this section, an ordinance proposed by petition to increase or decrease the term of office of the members of the governing body or the number of members of the governing body, or the division of the municipality into a number of wards, shall not be submitted to the voters of the municipality more than once in any 10-year period.
L.1950, c.210, s.17-47; amended 1982, c.145, s.6; 2009, c.339, s.4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-205 - Adoption of schedule of installation of optional plan.

40:69A-205 Adoption of schedule of installation of optional plan.
17-56. The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course:
(a) An election to submit the question of adoption of an optional plan may be held at any time in accordance with the provisions of article 1 of this act;
(b) In the event of a favorable vote of the voters at the above election, the first election of officers under the adopted plan shall take place on (1) the second Tuesday in May occurring not less than 75 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of regular municipal elections at which all members of the council are to be elected at large; (2) the second Tuesday in May occurring not less than 120 days following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of regular municipal elections and for the division of the municipality into wards; (3) at the next general election occurring not less than 75 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general elections at which all members of the council are to be elected at large; or (4) at the next general election occurring not less than 120 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general elections and for the division of the municipality into wards.
Whenever a municipality has adopted a charter referred to in subsection (3) above, within 10 days, or subsection (4) within 40 days, prior to the last day fixed for the filing of nominating petitions for the primary election for the general election, the candidates to be first elected shall be nominated in the manner provided by chapter 27 of Title 19 of the Revised Statutes with respect to the filling of certain vacancies in nominations for county or municipal offices to be filled at the general election.
(c) An optional plan shall take effect, in accordance with the further provisions of this article at (1) 12 o'clock noon on July 1 next following the first election of officers in municipalities adopting a charter providing for the holding of regular municipal elections, or (2) 12 o'clock noon on January 1 next following the first election of officers in municipalities adopting a charter providing for the holding of general elections.
L.1950,c.210,s.17-56; amended 1953, c.254, s.15; 1973, c.234, s.6; 1981, c.465, s.37; 2005, c.136, s.65.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-206 - Charters, amendments and supplements superseded; existing ordinances and resolutions remain in force where not inconsistent

40:69A-206. Charters, amendments and supplements superseded; existing ordinances and resolutions remain in force where not inconsistent
Upon the effective date of an optional charter adopted pursuant to this act, any other charter and its amendments and supplements theretofore applicable to the municipality shall be superseded with respect to such municipality. All ordinances and resolutions of the municipality to the extent that they are not inconsistent with the provisions of this act shall remain in full force and effect until modified or repealed as provided by law.
L.1950, c. 210, p. 522, s. 17-57, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-207.1 - Local industrial commissions; continuance or reestablishment

40:69A-207.1. Local industrial commissions; continuance or reestablishment
The governing body of any municipality governed by a form of government authorized by the "Optional Municipal Charter Law" may by ordinance provide for the continuance or reestablishment, as the case may be, of any local industrial commission which was established in said municipality pursuant to P.L.1962, c. 96 (C. 40:106-1(123) to 40:106-1(132)) and which commission was performing its functions, powers and duties under said law immediately prior to the adoption by the municipality of its form of government under the Optional Municipal Charter Law.
L.1972, c. 170, s. 1, eff. Nov. 3, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-208 - Appointments between election and time of taking office under optional plan; pending actions and proceedings

40:69A-208. Appointments between election and time of taking office under optional plan; pending actions and proceedings
(a) No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made to any subordinate board, department or body, or to any office, employment or position, including without limitation patrolmen and firemen, between the date of election of officers and the date the newly elected officers take office under any optional plan.
(b) All actions and proceedings of a legislative, executive or judicial character which are pending upon the effective date of an optional plan adopted pursuant to this act may continue, and the appropriate officer or employee under such optional plan shall be substituted for the officer or employee theretofore exercising or discharging the function, power or duty involved in such action or proceeding.
L.1950, c. 210, p. 523, s. 17-59. Amended by L.1954, c. 69, p. 428, s. 7, eff. June 24, 1954.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-208.1 - Continuance of charter adopted prior to Jan. 9, 1982 of municipality with mayor-council plan

40:69A-208.1. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with mayor-council plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a mayor-council plan of government heretofore authorized pursuant to P.L.1950, c. 210 shall continue to be governed, after the effective date of this act, by the charter and plan of government so adopted, until such time as the charter is abandoned or altered pursuant to article 1 of that act (C. 40:69A-1 through 40:69A-25), or amended pursuant to section 7 of this amendatory and supplementary act. During such time as the municipality shall continue to be governed by that charter, any provisions of, or supplements to, P.L.1950, c. 210 enacted or amended after the effective date of this amendatory and supplementary act, which would have pertained to that charter if the provisions of this amendatory and supplementary act had not been enacted, shall pertain to that charter and govern that municipality.
L.1981, c. 465, s. 20, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-208.2 - Continuance of charter adopted prior to Jan. 9, 1982 of municipality with council-manager plan

40:69A-208.2. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with council-manager plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a council-manager plan of government heretofore authorized pursuant to P.L.1950, c. 210 shall continue to be governed, after the effective date of this act, by the charter and plan of government so adopted, until such time as the charter is abandoned or altered pursuant to article 1 of that act (C. 40:69A-1 through 40:69A-25), or amended pursuant to section 7 of this amendatory and supplementary act. During such time as the municipality shall continue to be governed by that charter, any provisions of, or supplements to, P.L.1950, c. 210 enacted or amended after the effective date of this amendatory and supplementary act, which would have pertained to that charter if the provisions of this amendatory and supplementary act had not been enacted, shall pertain to that charter and govern that municipality.
L.1981, c. 465, s. 28, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-208.3 - Continuance of charter adopted prior to Jan. 9, 1982 of municipality with small municipality plan

40:69A-208.3. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with small municipality plan
Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a small municipality plan of government heretofore authorized pursuant to P.L.1950, c. 210 shall continue to be governed, after the effective date of this amendatory and supplementary act, by the charter and plan of government so adopted, until such time as the charter is abandoned or altered pursuant to article 1 of P.L.1950, c. 210 (C. 40:69A-1 through 40:69A-25), or amended pursuant to section 7 of this amendatory and supplementary act. During such time as the municipality shall continue to be governed by that charter, any provisions of, or supplements to P.L.1950, c. 210 enacted or amended after the effective date of this amendatory and supplementary act, which would have pertained to that charter if the provisions of this amendatory and supplementary act had not been enacted, shall pertain to that charter and govern that municipality.
L.1981, c. 465, s. 35, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:69A-209 - Partial invalidity

40:69A-209. Partial invalidity
If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have rendered.
L.1950, c. 210, p. 523, s. 17-60, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:70-2 - Definition of terms.

40:70-2 Definition of terms.
40:70-2. As used in chapters 70 to 76 of this Title (R.S.40:70-1 et seq.):
"General election" means the annual election held on the first Tuesday after the first Monday in November.
"Regular municipal election" means the election held pursuant to R.S.40:75-2 on the second Tuesday in May, or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), in any year in which such an election is required.
"Electors" mean such citizens of the municipality as were registered as voters at the last general election or regular municipal election, whichever occurred last in the municipality.
"Voters" mean such citizens of the municipality as were registered as voters at the last general election or regular municipal election, whichever occurred last in the municipality, and also those citizens who may register in time to vote at the special election.
"Municipal clerk" means the officer acting under the provisions hereof as the clerk of the municipality.
"Agent" or "agents" mean a person or persons designated in a petition to file the petition and to act on behalf of the petitioners.
"Municipality" means any city, town, township, borough, village or other municipality which has heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalities governed by boards of commissioners or improvement commissioners in this State" (title as amended), approved April 25, 1911, or which shall hereafter adopt the provisions of said chapters 70 to 76 of this Title.
"Majority of ballots cast" means more than one-half of the total number of valid ballots cast at such election.
Amended 1948, c.21, s.1; 1982, c.145, s.7; 2009, c.196, s.10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:70-3 - Municipalities governed hereby

40:70-3. Municipalities governed hereby
All municipalities which shall have heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalities governed by boards of commissioners or improvement commissioners in this state" (title as amended), approved April twenty-fifth, one thousand nine hundred and eleven, as amended and supplemented and all municipalities which shall hereafter adopt the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall have the commission form of government and be governed in the manner hereinafter in said chapters 70 to 76 set forth.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-1 - Election; notice

40:71-1. Election; notice
The legal voters of any municipality not governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.) may adopt said chapters at an election held in such municipality, to be called by the municipal clerk upon request or petition in writing of twenty per cent of the persons qualified to vote at the last general election as shown by the registry of qualified voters used at such election.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-2 - Clerk to call election; notice

40:71-2. Clerk to call election; notice
Upon the filing of the petition or request in writing with the clerk, he shall forthwith call an election, to be held on the third Tuesday following the date of the filing of the petition, and shall cause public notice of the time and place of holding the same to be given by advertisement signed by himself and set up in at least twenty different places in the municipality and published for at least six days previous to the time of the election in at least one newspaper printed and published in the municipality, and if there be no such newspaper then in a newspaper circulated therein.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-3 - Ballot; form and content

40:71-3. Ballot; form and content
The municipal clerk shall provide ballots for each voter at such election, to be printed upon plain, substantial white paper, in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO.
"Shall chapters 70 to 76 of the title
[ ] YES Municipalities and Counties of the Revised
Statutes (s. 40:70-1 et seq.), providing
[ ] NO for the commission form of government,
be adopted in .................... (here
insert name of municipality)?"
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-4 - Conduct of election; results certified to clerk

40:71-4. Conduct of election; results certified to clerk
The election shall be held at the usual places of holding the annual election in the municipality. The polls shall remain open during the usual hours, and the election shall be conducted by the election officers, and in the manner provided by the law regulating elections, and such officers shall deliver to the municipal clerk a true and correct statement in writing under their hands of the result of the election.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-5 - Clerk to certify results; contents of certificate

40:71-5. Clerk to certify results; contents of certificate
The municipal clerk shall certify the results of the election to the legislative body of the municipality at its first meeting thereafter, enter the same at large in its minutes and certify the same to the secretary of state. In such certificates he shall specify whether or not a majority of the votes cast are for the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.), and if they are, he shall further specify whether or not the number of votes cast in favor of such adoption is equal in number to at least thirty per cent of the total number of legal ballots cast in such municipality at the general election next preceding the submission of question of the adoption of said chapters 70 to 76 of this title.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-6 - Vote required for adoption

40:71-6. Vote required for adoption
If it appears by the certificate of the clerk that both the majority of the votes cast are in favor of the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.), and that the number of votes cast in favor of such adoption is equal in number to at least thirty per cent of the total number of legal ballots cast in such municipality at the last preceding general election, said chapters 70 to 76 of this title shall in all respects become and be operative in such municipality, and binding upon its inhabitants and upon all persons and property to be affected thereby.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-7 - If majority against adoption no petition for certain period

40:71-7. If majority against adoption no petition for certain period
If a majority of the votes cast are against the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.) said chapters shall remain inoperative and no further proceedings shall be taken until after the beginning of the last year of the term of the mayor, or equivalent officer, elected at the election following the rejection of said chapters 70 to 76, after which date, upon the presentation of another petition or request as hereinbefore provided, the same procedure shall be had and the question of the adoption or rejection of the provisions of said chapters 70 to 76 again submitted in the manner herein prescribed and with the same force and effect.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-8 - Corporate existence and name continued

40:71-8. Corporate existence and name continued
The corporate existence of any municipality adopting chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall be continued and its corporate name and seal shall not be changed by such adoption, and all laws, general or special, relating to such municipality, shall, except so far as inconsistent with said chapters 70 to 76, apply to such municipality, and it shall have and exercise the powers and duties thereby conferred or imposed.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-9 - Elective and appointive officers' terms cease; boards abolished; exception

40:71-9. Elective and appointive officers' terms cease; boards abolished; exception
Upon the adoption of chapters seventy to seventy-six of this Title, and the organization of the commissioners first elected, the governing body or bodies and all other boards and bodies whether State or local municipal agencies then existing in the municipality, except the board of education and any municipal court, shall be ipso facto abolished and the terms of all councilmen, aldermen and all other officers, whether elective or appointive, shall immediately cease and determine, and all the powers and duties devolved by law upon such boards and bodies shall pass to, vest in and be performed by the board of commissioners elected under the provisions of said chapters seventy to seventy-six, but nothing in this section contained shall prohibit the creation of subordinate boards authorized by section 40:72-7 of this Title.
The board of commissioners shall have and exercise all the powers granted or to be granted to the boards and bodies supplanted by it, by laws enacted subsequent to the organization of said board, unless such power is expressly withheld.
Nothing herein contained shall be construed to affect in any way the term of office of any policeman, fireman, or other employee of any police or fire department, veteran of any war, or other official or employee now protected by any tenure of office act. Wherever a municipality is operating under the provisions of subtitle three of Title 11 of the Revised Statutes, at the time of the adoption of the provisions of chapters seventy to seventy-six of this Title, then nothing herein contained relative to the termination of his term, dismissal or discharge shall apply to any person holding any position or office coming within the classified service of the Civil Service law.
Amended by L.1953, c. 37, p. 732, s. 237, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-9.1 - Boards of fire commissioners in townships

40:71-9.1. Boards of fire commissioners in townships
Notwithstanding the provisions of section 40:71-9 of the Revised Statutes, any board of fire commissioners of any fire district in any township which has adopted or shall adopt the commission form of government may be reinstated and continued by ordinance of the township board of commissioners and thereupon the board of fire commissioners shall be deemed to have been legally constituted as such from the date of the adoption of said commission form of government in the township and thereupon all its acts from such date shall be ratified and confirmed.
L.1952, c. 313, p. 1034, s. 1, eff. June 18, 1952.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:71-10 - Inconsistent laws inapplicable; laws relating to municipal courts unaffected

40:71-10. Inconsistent laws inapplicable; laws relating to municipal courts unaffected
Immediately after the election and organization of the commissioners as provided herein, all laws and parts of laws then existing, whether general or special, in anywise affecting the government of such municipality which are contrary to or inconsistent with the provisions of chapters seventy to seventy-six of this Title, shall be repealed and abrogated, but said chapters seventy to seventy-six shall not abrogate, repeal or annul the provisions of chapter eight of Title 2A of the New Jersey Statutes.
Amended by L.1953, c. 37, p. 733, s. 238, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-1 - Commissioners; number

40:72-1. Commissioners; number
The commission shall consist of three members in municipalities having less than twelve thousand inhabitants; and of five members in municipalities having twelve thousand inhabitants or more, subject to the provisions of sections 40:72-1.1 to 40:72-1.3 of this Title.
Amended by L.1948, c. 21, p. 82, s. 2; L.1953, c. 365, p. 1948, s. 1, eff. Aug. 11, 1953; L.1980, c. 94, s. 4, eff. Jan. 1, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-1.1 - Municipality with board of three commissioners; additional commissioners; petition, ordinance and referendum

40:72-1.1. Municipality with board of three commissioners; additional commissioners; petition, ordinance and referendum
Any municipality, which is governed by a board of three commissioners may provide that two additional commissioners shall be elected at an election to be held on the second Tuesday in May next; provided, that a proposed ordinance increasing the number of commissioners from three to five was first submitted to the board of commissioners by petition signed by electors of the municipality equal in number to 15% of the votes cast at the last general election, held for the election of all the members of the General Assembly, requesting that said ordinance be submitted to the vote of the people.
The signatures, verification, authentication, inspection, certification, amendment and submission of such petition shall be the same as for petitions to recall commissioners. Upon the filing of said petition and certification of the same by the municipal clerk the board of commissioners shall submit said ordinance without change to the vote of the electors of the municipality at the next general election. Said petition shall be filed and certified to by the municipal clerk at least 60 days before the general election at which the proposed ordinance shall be submitted to a vote of the electors.
Amended by L.1953, c. 365, p. 1949, s. 2, eff. Aug. 11, 1953; L.1981, c. 427, s. 1, eff. Jan. 9, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-1.2 - Ballot; form and content

40:72-1.2. Ballot; form and content
The question shall be printed upon the ballots to be used at such general election in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word Yes, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word No.
Yes. "Shall the ordinance ........................
(stating the nature of the proposed ordinance)
No. be adopted?' "
In counties where voting machines are used, the ballot shall be prepared in accordance with the provisions of Title 19 of the Revised Statutes concerning elections.
Amended by L.1953, c. 365, p. 1950, s. 3, eff. Aug. 11, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-1.3 - Vote required for adoption; amendment and repeal

40:72-1.3. Vote required for adoption; amendment and repeal
If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality, and any ordinance proposed by petition or which shall be adopted by a vote of the people shall not be repealed or amended except by a vote of the people.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-2 - All powers vested in board of commissioners

40:72-2. All powers vested in board of commissioners
The board of commissioners established hereunder shall have all the executive, administrative, judicial and legislative powers and duties heretofore had and exercised by the mayor and city council and all other executive or legislative bodies in such municipality, and shall have complete control over the affairs of such municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-3 - General powers; power to pass ordinances for specific purposes

40:72-3. General powers; power to pass ordinances for specific purposes
Every municipality governed by chapters 70 to 76 of this title (s. 40:70-1 et seq.), shall have all the powers necessary for its government not in conflict with the laws applicable to all municipalities or the provisions of the constitution and, in addition to the powers conferred by subtitle 3 of this title (s. 40:42-1 et seq.), may make, amend, repeal and enforce ordinances for the following purposes:
a. The protection of life, health and property.
b. The declaration, prevention and summary abatement of nuisances.
c. The preservation and enforcement of good government and the general welfare, order and security of the municipality.
All ordinances or resolutions heretofore passed in any such municipality, not inconsistent with the rights and powers herein granted shall remain in full force and effect until altered or repealed by the commissioners in the manner herein provided.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-4 - Department; distribution of powers

40:72-4. Department; distribution of powers
The executive, administrative, judicial and legislative powers, authority and duties in such municipality shall be distributed into and among five departments, except that in municipalities having but three commissioners, three departments shall be designated and provided by the consolidation of the first and third departments and the fourth and fifth departments as follows:
1. Department of public affairs.
2. Department of revenue and finance.
3. Department of public safety.
4. Department of public works.
5. Department of parks and public property.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-5 - Jurisdiction of commission over departments and officers thereof

40:72-5. Jurisdiction of commission over departments and officers thereof
The board of commissioners shall determine the powers and duties to be performed by each department and shall assign such powers and duties to each department as it may deem appropriate. The board shall prescribe the powers and duties of all officers and employees and may assign particular officers and employees to one or more departments and may require any officer or employee to perform duties in two or more departments if the work required of such officer or employee in such different departments be similar in character, and make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-6 - Commissioners assigned to departments

40:72-6. Commissioners assigned to departments
The board of commissioners shall, at the first regular meeting after the election of its members, designate by majority vote one commissioner to be director of the department of public affairs, one commissioner to be director of revenue and finance, one to be director of the department of public safety, one to be director of the department of public works, and one to be director of the department of parks and public property, except that upon the organization of a board of three commissioners, but three departments shall be designated, as hereinbefore in section 40:72-4 of this title provided and but three directors voted therefor. Such designation may be changed whenever it appears that the public service would be benefited thereby.
The mayor may be designated director of such department as a majority of the members of the commission shall determine.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-6.1 - Assignment of departmental powers and duties in counties of first and second class

40:72-6.1. Assignment of departmental powers and duties in counties of first and second class
The board of commissioners of every municipality governed by the commission form of government in counties of the first class or second class, in assigning the powers and duties to be performed by each department pursuant to section 40:72-5 of the Revised Statutes, shall assign to each department the powers and duties having the greatest relevancy to the subject matter as designated in the name of each respective department and as will result, as nearly as possible, in an equal distribution of powers and duties to each department.
L.1956, c. 190, p. 703, s. 1, eff. Dec. 28, 1956.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-7 - Subordinate boards and officers; appointment and removal

40:72-7. Subordinate boards and officers; appointment and removal
The board of commissioners shall at the first meeting or as soon as may be after organization, create such subordinate boards and appoint such officers as it may deem necessary for the proper and efficient conduct of the affairs of the municipality.
Any board created may be abolished, or any officer or employee appointed by the board of commissioners may be removed from office by it, at any time for cause, after public hearing, provided its action shall be taken in accordance with the civil service and tenure of office laws in municipalities where such laws have been adopted or are applicable and such action shall be subject to review by a proceeding in lieu of prerogative writ.
Amended by L.1953, c. 37, p. 733, s. 239, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-9 - Appointment of deputy by director in second class cities and certain fourth class cities

40:72-9. Appointment of deputy by director in second class cities and certain fourth class cities
In all cities of the second class and in any city of the fourth class having a population of not less than 6,000 inhabitants, governed hereby, the board of commissioners may, in their discretion, provide by ordinance for the appointment of a deputy by each or such of the directors of departments as may be deemed necessary for the proper and efficient conduct of the affairs of such departments. The deputies shall serve during the terms of the directors making the appointments, but any deputy so appointed may be removed by his principal at any time, and such removal shall not be reviewable. If an officer or employee of a municipality is designated to perform the duties of a deputy in addition to the performance of the ordinary duties of his office or employment, the expiration of the term of his principal, or his removal from the office of deputy, shall not affect his right to the office or employment held by him at and before his designation as deputy, the duties of which office or employment he has continued to perform.
Each director shall prescribe, in writing, the powers and duties of the deputy so appointed by him and the acts of such deputy within the scope of his authority shall in all cases be as legal and binding as if done and performed by the director for whom he is acting, but such deputies shall not be authorized to act for directors at meetings of the board of commissioners.
Nothing in this section contained shall be construed to place any deputy or deputies, appointed pursuant to the authority hereof, within the operation of the laws affecting civil service.
Amended by L.1964, c. 212, s. 1, eff. Oct. 21, 1964; L.1968, c. 333, s. 1, eff. Nov. 13, 1968; L.1971, c. 302, s. 1, eff. Aug. 27, 1971.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-13 - Regular and special meetings; open to public; minutes

40:72-13. Regular and special meetings; open to public; minutes
The board of commissioners shall designate the time of holding regular meetings, which shall be at least once monthly, and special meetings may be called from time to time by the mayor or by two commissioners. All meetings of the commissioners, whether regular or special, shall be open to the public and any citizen may have access to the minutes upon application to the municipal clerk.
Amended by L.1977, c. 197, s. 1, eff. Aug. 29, 1977.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-14 - Quorum; voting; vote recorded in minutes

40:72-14. Quorum; voting; vote recorded in minutes
A majority of the members of the board of commissioners shall constitute a quorum and each member shall have the right to vote on all questions coming before the board.
Every resolution or ordinance shall be reduced to writing and read before the vote is taken thereon, and the vote upon every motion, resolution or ordinance shall be taken by yeas and nays and entered in the minutes. The minutes of each meeting so recorded shall be signed by a majority of all the commissioners and the municipal clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-16 - Board first elected may revise and add to appropriations

40:72-16. Board first elected may revise and add to appropriations
If, at the beginning of the term of office of the first board of commissioners elected in any municipality under the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), the appropriations for the expenditures of the municipal government for the then current fiscal year have been made the board may by ordinance revise, repeal or change such appropriations and make additional appropriations.