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2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.5 - Regulation of apiary activities.

40:48-1.5 Regulation of apiary activities.
1. a. Except as otherwise provided in subsections b. and c. of this section, no municipality may:
(1) adopt an ordinance, resolution, rule, or regulation concerning the breeding or keeping of honey bees or any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of honey bees, or the production of honey or other apiary products from such bees; or
(2) establish any restriction or requirement that would result in the prohibition of the breeding or keeping of honey bees, the use of honey bees for pollination, or any activities related thereto, in the municipality.
b. The State shall regulate apiary activities in the State pursuant to R.S.4:6-1 through R.S.4:6-18, sections 8 and 9 of P.L.1977, c.159 (C.4:6-19 and C.4:6-20), P.L.2007, c.271 (C.4:6-21 et seq.), section 2 of P.L.2015, c.76 (C.4:6-24), and any applicable laws. However, the Department of Agriculture may delegate to a municipality the regulatory authority to monitor and enforce the apiary standards established pursuant to subsection b. of section 2 of P.L.2015, c.76 (C.4:6-24), if the municipality adopts by reference those standards by ordinance. Upon adoption of such an ordinance, the municipality shall assume responsibility to monitor apiary activities in the municipality and enforce compliance with the standards adopted pursuant to subsection b. of section 2 of P.L.2015, c.76 (C.4:6-24). A municipality may, at any time, repeal any such ordinance, and upon the municipality doing so, the Department of Agriculture shall immediately reassume all authority and associated duties and responsibilities previously delegated to the municipality pursuant to this subsection.
c. If a municipality that has assumed responsibility pursuant to subsection b. of this section finds that there is a condition or circumstance in the municipality that is not resolved by the standards adopted pursuant to subsection b. of section 2 of P.L.2015, c.76 (C.4:6-24), the municipality shall request guidance thereon from the Department of Agriculture. The department shall provide the guidance no later than 90 days after the request is received by the department. Upon expiration of the 90-day period and if the standards adopted pursuant to section 2 of P.L.2015, c.76 (C.4:6-24) do not sufficiently address the condition or circumstance, the municipality, after consulting with the department, the New Jersey League of Municipalities, the New Jersey Beekeepers Association, and the Mid-Atlantic Apiculture Research and Extension Consortium, or successor organizations with similar purposes, may adopt by ordinance a standard to address the condition or circumstance, provided that the standard reflects consideration of population density, the density and intensity of development, type of land use, and honey bee biology and behavior.
L.2015, c.76, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.6 - Findings, declarations relative to private outdoor video surveillance cameras.

40:48-1.6 Findings, declarations relative to private outdoor video surveillance cameras.
1. The Legislature finds and declares that: a. The ability of law enforcement officials to timely investigate criminal activity is essential to apprehending culpable criminals and ensuring public safety. b. Footage from private outdoor video surveillance cameras may provide useful information for law enforcement officials investigating incidents of criminal activity that occurred within the vicinity of these cameras. c. The purpose of this act is to facilitate law enforcement investigations into criminal activity and save valuable time and resources by permitting a municipality to enact an ordinance allowing all owners of private outdoor video surveillance cameras in the municipality to voluntarily register their cameras with the municipal police department or force. L.2015, c.142, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-1.7 - Private outdoor video surveillance camera registry.

40:48-1.7 Private outdoor video surveillance camera registry.
2. a. A municipality may enact an ordinance to establish a private outdoor video surveillance camera registry and to allow any person who owns a private outdoor video surveillance camera on a residential or business property in the municipality to voluntarily register the camera with the municipal police department or force for the purpose of assisting law enforcement investigations of criminal activity that occurred within the vicinity of the camera's location. The ordinance shall provide that registration of a camera does not constitute a waiver of any rights granted under the Constitution of the United States or the State of New Jersey.
b. The municipal ordinance shall require the following information to be included in the private outdoor video surveillance camera registry:
(1) the name of the person who owns the camera;
(2) the most recent contact information, including the street address and telephone number of the person who owns the camera;
(3) the street address of the residence or business where the camera is installed;
(4) the number of cameras located at the residence or business;
(5) the outdoor areas recorded by the camera;
(6) the means by which the camera's footage is saved or stored, and the duration of time for which the footage is saved or stored; and
(7) any additional information the municipality deems necessary.
c. Information stored in the municipal registry pursuant to subsection b. of this section shall be available for the exclusive use by law enforcement officials to investigate criminal activity within the vicinity of the camera's location. Information stored in the registry shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or common law concerning access to public records and shall not be discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter.
d. A State, county, or municipal law enforcement agency may contact a person whose information appears in the municipal registry established pursuant to subsection a. of this section, in order to request access to any camera's footage which may assist an investigation of criminal activity that occurred within the vicinity of the camera's location. A person who registers a camera with a municipal police department or force shall not be required to submit the camera's footage to a law enforcement agency, unless otherwise required by law.
e. As used in this act, "private outdoor video surveillance camera" or "camera" means a device installed outside a residence or business, which, for security purposes, captures footage of an area outside the residence or business.
L.2015, c.152, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2 - Other necessary and proper ordinances

40:48-2. Other necessary and proper ordinances
Any municipality may make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.1 - Opening and closing of beauty parlors; penalties

40:48-2.1. Opening and closing of beauty parlors; penalties
The governing body of any municipality in this State shall have the power:
(a) To pass, enforce, alter or repeal ordinances to take effect within the limits of such municipality for the following purposes:
To regulate the opening and closing of beauty parlors on Sunday and holidays; to regulate the hours of opening and closing on weekdays; to fix and enforce penalties for the violations of any ordinances that may be passed by virtue of this act.
(b) For the purpose of carrying out the provisions of this act, the municipality may fix and prescribe the penalties for the violation of any ordinance or section thereof in a sum not exceeding twenty-five dollars ($25.00), or imprisonment not exceeding ten days in the municipal lock-up or county jail as may be designated by the governing body.
L.1938, c. 249, p. 558, s. 1, eff. May 25, 1938.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.2 - Beauty culture, what included in term

40:48-2.2. Beauty culture, what included in term
Establishments or places of business where work is done for, with or without compensation by any person, which work is usually performed by hairdressers, cosmetologists, cosmeticians, or beauty culturists upon women, for the purpose of cleansing and beautification of the women's hair, such as arranging, modeling, dressing, brushing, beautifying, curling, waving, straightening, dyeing, tinting, permanent waving, cutting, singeing, bleaching, or coloring; and the massaging, cleansing, stimulating, exercising or similar work upon the scalp, face, arms, hands, and neck, with the hands or by use of mechanical or electrical appliances, with or without cosmetic preparations, external applications of creams, tonics and soothing lotions, and antiseptics for the use with instruments or with the hands and of manicuring the finger nails and beautifying the hands, which enumerated practices shall be included in the term beauty culture.
L.1938, c. 249, p. 558, s. 2, eff. May 25, 1938.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.3 - Unfit buildings in municipalities; exercise of police power authorized

40:48-2.3. Unfit buildings in municipalities; exercise of police power authorized
It is hereby found and declared that the existence or occupation of any building or buildings, or parts thereof, in municipalities of this State which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation, or occupancy, or use, are inimical to the welfare and dangerous and injurious to the health and safety of the people of this State, and that a public necessity exists for the repair, closing or demolition of such building or buildings, or part thereof. Whenever any municipality of this State finds that there exists in such municipality any building or buildings which are unfit for human habitation or occupancy, or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such building or buildings, or part thereof, unsafe or insanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of said municipality, power is hereby conferred upon such municipality to exercise its police powers to repair, close or demolish, or cause or require the repairing, closing or demolition of such building or buildings, or part thereof, in the manner herein provided.
L.1942, c. 112, p. 378, s. 1. Amended by L.1956, c. 197, p. 727, s. 2, eff. Jan. 2, 1957.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.3a - Repair, demolition of damaged buildings

40:48-2.3a. Repair, demolition of damaged buildings
Any building or buildings, or parts thereof, which have been damaged to such an extent that nothing remains but the walls, or parts of the walls and other supports, shall, regardless of the safety and sturdiness of those remaining walls or parts thereof, be deemed inimical to the welfare of the residents of the municipality wherein it is located, and the municipality may exercise its police powers to repair, demolish, or cause the repairing or demolishing of the building or buildings, or parts thereof, pursuant to P.L.1942, c.112 (C.40:48-2.3 et seq.), and the procedures set forth therein.
L.1989,c.91,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.4 - Terms defined

40:48-2.4. Terms defined
2. The following terms whenever used or referred to in this act shall have the following respective meanings for the purposes of this act, unless a different meaning clearly appears from the context:
(a) "Governing body" shall mean the council, board of commissioners, trustees, committee, or other legislative body, charged with governing a municipality; provided, that in cities of the second class having a board of fire and police commissioners, the governing body shall mean such board of fire and police commissioners.
(b) "Public officer" shall mean the officer, officers, board or body who is or are authorized by ordinances adopted hereunder to exercise the powers prescribed by such ordinances and by P.L.1942, c.112 (C.40:48-2.3 et seq.). Notwithstanding any other provision of law to the contrary, nothing shall prevent a municipality from designating more than one public officer for different purposes as provided by law.
(c) "Public authority" shall mean any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county or State relating to health, fire, building regulations, or to other activities concerning buildings in the municipality.
(d) "Owner" shall mean the holder or holders of the title in fee simple.
(e) "Parties in interest" shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
(f) "Building" shall mean any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses, and appurtenances belonging thereto or usually enjoyed therewith.
(g) "Authority" shall mean the Casino Reinvestment Development Authority established pursuant to section 5 of P.L.1984, c.218 (C.5:12-153).
(h) "Casino licensee" shall mean any casino licensed pursuant to the provisions of the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.).
L.1942,c.112,s.2; amended 1956, c.197, s.3; 1992, c.89, s.1; 2003, c.210, s.26.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.5a - Building deemed unfit for human habitation, occupancy, use; repairing, demolition

40:48-2.5a. Building deemed unfit for human habitation, occupancy, use; repairing, demolition
4. Any building or buildings, or parts thereof, which have come into a state of disrepair through neglect, lack of maintenance or use, fire, accident or other calamities, or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use, shall be deemed inimical to the welfare of the residents of the municipality wherein it is located, and a public officer appointed pursuant to the provisions of P.L.1942, c.112 (C.40:48-2.3 et seq.) may exercise his powers to repair, demolish, or cause the repairing or demolition of the building or buildings, or parts thereof, pursuant to the provisions of section 5 of P.L.1992, c.89 (C.40:48-2.5b).
L.1992,c.89,s.4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.5b - Designation of "Emergency Demolition Fund", acceptance of funds therefor

40:48-2.5b. Designation of "Emergency Demolition Fund", acceptance of funds therefor
5. a. Notwithstanding any law to the contrary, in any municipality where the governing body has appointed a public officer pursuant to the provisions of P.L.1942, c.112 (C.40:48-2.3 et seq.), the public officer, to finance the costs of accomplishing the purpose of this act, shall have the power to accept gifts or grants from private or public agencies, or to accept donations from or enter into loan agreements with any casino licensee or the authority under any legal terms and conditions, including agreements which obligate such municipality to repay any such loan over a period in excess of one year, which the public officer determines will be beneficial to the purposes of P.L.1942, c.112 (C.40:48-2.3 et seq.). In the event that the public officer accepts or borrows any funds from any casino licensee or the authority for which funds the casino licensee seeks authorization for an investment tax credit in accordance with section 3 of P.L.1984, c.218 (C.5:12-144.1), the authority is authorized to approve an investment tax credit in accordance with the provisions of section 3 of P.L.1984, c.218 (C.5:12-144.1), and the authority's rules.
b. All funds received pursuant to subsection a. of this section shall be placed in a separate municipal fund designated as the "Emergency Demolition Fund" to be used solely for demolition related activities. The public officer shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this act; except that, the public officer shall not accept or use any funds provided by a casino licensee or the authority for the purpose of demolishing any structure owned by a casino licensee. All payments made pursuant to this section shall be made under the direction of the public officer.
L.1992,c.89,s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.6 - Standards

40:48-2.6. Standards
4. An ordinance adopted by a municipality under this act shall provide that the public officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents or such municipality; such conditions shall be deemed to include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness; failure to comply with the requirements of the building code or the certificate of occupancy; such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a building for human habitation or occupancy or use.
L.1942,c.112,s.4; amended 1956,c.197,s.5; 1992,c.89,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.7 - Service of complaints and orders

40:48-2.7. Service of complaints and orders
Complaints or orders issued by a public officer pursuant to an ordinance adopted under this act shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once in a newspaper printed and published in the municipality, or, in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the buildings are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the county recording officer of the county in which the building is located.
L.1942, c. 112, p. 382, s. 5. Amended by L.1956, c. 197, p. 732, s. 6, eff. Jan. 2, 1957; L.1979, c. 43, s. 3, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.8 - Remedies

40:48-2.8. Remedies
Any person aggrieved by an order issued by a public officer under this act may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the public officer from carrying out the provisions of the order and for any other appropriate relief. The court may proceed in the action in a summary manner or otherwise. The remedy herein provided shall be exclusive, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the public officer.
L.1942, c. 112, p. 382, s. 6. Amended by L.1953, c. 37, p. 696, s. 172; L.1953, c. 428, p. 2155, s. 5, eff. Sept. 18, 1953; L.1979, c. 43, s. 4, eff. March 21, 1979.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.9 - Additional powers of public officer

40:48-2.9. Additional powers of public officer
7. An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted: (a) to investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use; (b) to administer oaths, affirmations, examine witnesses and receive evidence; (c) to enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (d) to appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of the ordinances; and (e) to delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
Any action taken using revenues derived from the local property tax shall be taken only after advertisement for, and receipt of, bids therefor, pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), unless the action is necessary to prevent imminent danger to life, limb or property.
L.1942,c.112,s.7; amended 1956,c.197,s.7; 1992,c.89,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.10 - Administration of ordinance

40:48-2.10. Administration of ordinance
The governing body of any municipality adopting an ordinance under this act shall as soon as possible thereafter prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the buildings in such municipality for the purpose of determining the fitness of such buildings for human habitation or occupancy or use, and for the enforcement and administration of its ordinances adopted under this act; and any such municipality is authorized to make such appropriations from its revenues as it may deem necessary for this purpose and may accept and apply grants or donations to assist it in carrying out the provisions of such ordinances.
L.1942, c. 112, p. 384, s. 8. Amended by L.1956, c. 197, p. 733, s. 8, eff. Jan. 2, 1957.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.11 - Supplemental nature of act

40:48-2.11. Supplemental nature of act
Nothing in this act shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law.
L.1942, c. 112, p. 384, s. 9.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12 - Severability

40:48-2.12. Severability
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
L.1942, c. 112, p. 384, s. 10.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12a - Authority of municipality to regulate buildings and structures and their use and occupancy

40:48-2.12a. Authority of municipality to regulate buildings and structures and their use and occupancy
The governing body of any municipality may make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality.
L.1962, c. 66, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12a1 - Inspection of buildings.

40:48-2.12a1 Inspection of buildings.
2. No exemption from inspection pursuant to the provisions of statutory law shall prevent any municipality from adopting an ordinance to provide for the inspection of buildings to assure the health, safety, and public welfare of the municipality and its residents.
L.1983, c.2, s.2; amended 2013, c.253, s.24.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12b - Additional authority

40:48-2.12b. Additional authority
The authority conferred by this act shall be in addition to authority heretofore or hereafter conferred on the governing bodies of municipalities in respect to the construction and maintenance of buildings and structures, local health ordinances and the removal or destruction of buildings and structures and parts thereof endangering the public health and safety.
L.1962, c. 66, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12c - Registration of owners of buildings and structures occupied by two or more families

40:48-2.12c. Registration of owners of buildings and structures occupied by two or more families
Any ordinance adopted pursuant to this act may provide for the registration of the owners and management of every building and structure in the municipality which is occupied by 2 or more families as tenants of the owner or lessor. Such registration shall be with the clerk of the municipality upon forms prescribed by and furnished by the municipality. Every such registration form shall include the name and address of the owner, the name and address of the lessor if other than the owner, and the name and address of an agent in charge of the premises residing in the municipality.
L.1962, c. 66, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12d - Service of notices

40:48-2.12d. Service of notices
Any ordinance adopted pursuant to this act may provide for the service of notices under any ordinance of the municipality or under any State law applicable to the municipality, upon the said owner, lessor and agent, as being sufficient notice to the owner or lessor, and for the service of any such notice by posting it upon the premises in a conspicuous place where the owner or lessor has failed to register his premises with the municipal clerk as required by the ordinance, and designate an agent in respect to the premises, residing in the municipality or where such an agent has been designated but cannot be found at the address given in the registration.
L.1962, c. 66, s. 4.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12e - Collection of fines and penalties

40:48-2.12e. Collection of fines and penalties
Any ordinance adopted pursuant to this act may provide that in the event of the imposition of a fine or penalty by the municipal court of the municipality or any other court of competent jurisdiction against the owner or lessor of any such building or structure in the municipality for the violation of any ordinance of the municipality or of any State law applicable to the municipality, any such fine or penalty shall be collectible as provided in this act.
L.1962, c. 66, s. 5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12f - Abatement of nuisance, correction of defect, etc., by municipality; lien against premises

40:48-2.12f. Abatement of nuisance, correction of defect, etc., by municipality; lien against premises
Any ordinance adopted pursuant to this act may also provide that the municipality, by resolution of its governing body, may abate a nuisance, correct a defect, or put the premises in proper condition so as to comply with the requirements of any municipal ordinance or State law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises, and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in this act.
L.1962, c. 66, s. 6.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12g - Appointment of custodian by municipality; powers and duties; compensation

40:48-2.12g. Appointment of custodian by municipality; powers and duties; compensation
Any ordinance adopted pursuant to this act may also provide for the appointment of a custodian of any such building or structure on behalf of the municipality, who may be either an officer of the municipality or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition, or the maintenance of the premises in a proper condition so as to conform to the requirements of municipal ordinances and State laws applicable thereto. In any such case, the compensation of the custodian shall be as provided in the ordinance and the costs and expenses shall be collectible as provided in this act.
L.1962, c. 66, s. 7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12m - Residential rental property; certificate of inspection or occupancy prior to new occupancy; authorization for ordinance

40:48-2.12m. Residential rental property; certificate of inspection or occupancy prior to new occupancy; authorization for ordinance
The governing body of a municipality may adopt ordinances regulating the maintenance and condition of any unit of dwelling space, upon the termination of occupancy, in any residential rental property for the purpose of the safety, healthfulness, and upkeep of the structure and the adherence to such other standards of maintenance and condition as are required in the interest of public safety, health and welfare. Such ordinances shall require the owner of any residential rental property, prior to rental or lease involving a new occupancy of any unit of dwelling space in such property, to obtain a certificate of inspection or occupancy for the unit of dwelling space. Such certificate of inspection or occupancy shall be issued by the municipality upon the inspection of the unit of dwelling space by a municipal inspector and his findings that such unit meets the standards provided by law. The municipality may charge a fee to fund the costs of the inspections and the issuance of the certificates. For purposes of this act "owner" means the person who owns, purports to own, or exercises control of any residential rental property.
L.1979, c. 476, s. 1, eff. Feb. 27, 1980.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12n - Findings, determinations, declarations.

40:48-2.12n Findings, determinations, declarations.
1. The Legislature finds, determines and declares:
a. Many of the municipalities in this State, and the residents thereof, have experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised rentals to irresponsible tenants by inept or indifferent landlords.
b. To preserve the peace and tranquility of those communities it is necessary and desirable that those communities have adequate means to curb and discourage those occasional excesses arising from irresponsible rentals.
c. Accordingly, it is the purpose of this legislation to enable municipal governing bodies to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords be held to sufficient standards of responsibility.
L.1993, c.127, s.1; amended 2009, c.170, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12o - Definitions.

40:48-2.12o Definitions.
2. As used in this act:
"Hearing officer" means a person designated pursuant to subsection b. of section 3 of P.L.1993, c.127 (C.40:48-2.12p) to hear and determine proceedings under P.L.1993, c.127 (C.40:48-2.12n et seq.).
"Landlord" means the person or persons who own or purport to own a building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease which building contains no more than four dwelling units. In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.
"Substantiated complaint" means a complaint which may form the basis for proceedings in accordance with subsection a. of section 4 of P.L.1993, c.127 (C.40:48-2.12q).
L.1993, c.127, s.2; amended 2009, c.170, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12p - Ordinance holding landlords to standards of responsibility.

40:48-2.12p Ordinance holding landlords to standards of responsibility.
3. a. The governing body of any municipality may enact an ordinance holding landlords to standards of responsibility in the selection of tenants and supervision of the rental premises, requiring that under certain circumstances, as hereinafter in P.L.1993, c.127 (C.40:48-2.12n et seq.) described, such landlords may be required to post adequate bond against the consequences of disorderly behavior of their tenants, and in the case of subsequent violations forfeit such bond, in whole or part, in compensation for the consequences of such behavior.
b. To assure impartiality in the administration of such an ordinance, the municipal governing body shall make provision for the hearings and decisions held and made thereunder to be conducted and decided by a licensed attorney of this State who shall not be an owner or lessee of any real property within the municipality, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
L.1993, c.127, s.3; amended 2009, c.170, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12r - Complaints, proceedings against landlord, recovery from tenant.

40:48-2.12r Complaints, proceedings against landlord, recovery from tenant.
5. a. If during the period for which a landlord is required to give security pursuant to section 4 of P.L.1993, c.127 (C.40:48-2.12q) a substantiated complaint is recorded against the property in question, the governing body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection e. of section 4 of P.L.1993, c.127 (C.40:48-2.12q), of the period for which such security is required, or for an increase in the amount of security required, or for any or all of those purposes.
b. Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection d. of section 4 of P.L.1993, c.127 (C.40:48-2.12q). Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection d. of section 4 of P.L.1993, c.127 (C.40:48-2.12q), and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection d. of section 4 of P.L.1993, c.127 (C.40:48-2.12q).
c. A landlord may recover from a tenant any amounts of security actually forfeited as described in subsection b. of this section.
L.1993, c.127, s.5; amended 2009, c.170, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12s1 - Findings, declarations.

40:48-2.12s1 Findings, declarations.
1. The Legislature finds and declares that:
a. Although New Jersey has made great strides in addressing previous foreclosure crises, foreclosure continues to be an issue confronting residents and municipalities;
b. Properties in foreclosure proceedings can involve properties that are vacant and abandoned or have an increased risk of becoming vacant and abandoned during the foreclosure proceeding;
c. Vacant and abandoned properties in foreclosure create a greater risk of blight and can create a wide range of problems for the communities in which they are located. These problems can include fostering criminal activity, creating public health problems, depressing neighboring property values and reducing revenues for municipalities, and otherwise diminishing the quality of life for residents and business operators in those areas;
d. Because of the increased risk of blight created by properties in foreclosure, it is important that municipalities possess tools to identify such properties, monitor their status, and mitigate the risk that they become vacant and abandoned and, if vacant and abandoned, lead to blight. The costs of identifying, monitoring, and mitigating such risks can adversely impact a municipality's finances;
e. The State has enacted statutes intended to assist municipalities in addressing such risks, including requiring that municipalities receive notice of the initiation of a foreclosure action in court in connection with residential properties and authorizing a public officer in a municipality to take certain action against properties that have been abandoned for more than six months;
f. Although these State laws provide municipalities with certain tools to address blight and the risk of blight, the laws do not apply to all properties, enable municipalities to create a comprehensive way to identify, monitor, and address the risk of blight on all such properties within their jurisdictions, or address the costs to municipalities to do so;
g. A number of municipalities have adopted ordinances on an ad hoc basis to create property registration programs to identify, monitor, and address the risk of blight on residential and commercial properties within their jurisdictions; and
h. The Legislature finds such property registration programs provide a valuable tool to municipalities in confronting the risk of blight created by properties on which foreclosure proceedings have been initiated and such properties that become vacant and abandoned. The Legislature finds that it is in the State's interest for municipalities that operate such programs to do so with certain uniformity as part of the State's overall statutory scheme addressing the risk of blight.
L.2021, c.444, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.12t - Senior Citizen Priority Parking Program created by municipality.

40:48-2.12t Senior Citizen Priority Parking Program created by municipality.
1. a. The governing body of a municipality, by resolution, may create a Senior Citizen Priority Parking Program to provide senior citizens age 60 or older who reside in the municipality with reduced parking permit rates and program-restricted parking spaces within the municipality for a single automobile registered to the senior citizen. Under such a program, a senior citizen shall be permitted to use a program-restricted parking space if the senior citizen is driving his or her own automobile, or if he or she is a passenger in his or her own automobile while the automobile is being driven by another person.
b. A municipality that creates a Senior Citizen Priority Parking Program pursuant to subsection a. of this section shall determine the application process for the program, the cost of a reduced-rate parking permit and decal, and the number and location of program-restricted parking spaces, and shall post that information on the municipality's website, if one exists, and shall make the information available in printed form at the office of the municipal clerk. A municipality that participates in the program shall not charge an application fee to senior citizens applying for a reduced-rate parking permit, but may charge fees for the issuance or renewal of a permit.
c. The Commissioner of Transportation, in consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, shall design and shall make available to municipalities that create a Senior Citizen Priority Parking Program signs that identify program-restricted parking spaces. A municipality that creates a Senior Citizen Priority Parking Program pursuant to this section shall erect the signs as appropriate within the municipality in areas where program-restricted parking spaces are available. Signs erected pursuant to this section shall be consistent with applicable federal standards including those prescribed by the Manual on Uniform Traffic Control Devices for Streets and Highways, if applicable.
L.2015, c.179, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.13 - Removal, destruction of brush, weeds, debris, etc.; ordinance authorized

40:48-2.13. Removal, destruction of brush, weeds, debris, etc.; ordinance authorized
1. The governing body of every municipality shall have power to make, enforce, amend and repeal ordinances requiring the owner or tenant of a dwelling or lands lying within the limits of such municipality, where it shall be necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such lands or dwelling or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy the same, and to provide for the removal or destruction of the same by or under the direction of some officer of the municipality in cases where the owner or tenant shall have refused or neglected to remove or destroy same in the manner and within the time provided above, and to provide for the imposition of penalties for the violation of any such ordinance. For the purposes of this section, garbage shall not include solid waste stored in such a way that it is accessible to and likely to be strewn about by animals such as but not limited to dogs, cats, raccoons, birds or rodents pursuant to section 1 of P.L.1994, c.167 (C.40:48-2.13a).
L.1943,c.71,s.1; amended 1968,c.94,s.1; 1994,c.167,s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.13a - Municipal ordinance requiring solid waste removal

40:48-2.13a. Municipal ordinance requiring solid waste removal
1. The governing body of a municipality may make, enforce, amend and repeal an ordinance requiring the owner or tenant of a dwelling or land located within the municipality, when it is necessary and expedient for the preservation of the public health, safety, or general welfare, to remove from that dwelling or land or to destroy any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals such as but not limited dogs, cats, raccoons, birds, or rodents. The ordinance shall require removal or destruction of the solid waste within a specific period of time which shall be not less than 72 hours or more than 10 days after the owner or tenant has received written notice to that effect. The governing body of a municipality also may provide in the ordinance for the removal or destruction of the solid waste by or under the direction of an officer or code enforcement officer of the municipality when the owner or tenant refuses or neglects to remove or destroy the solid waste in the manner and within the time required by the ordinance, and provide for the imposition of penalties for the violation of the ordinance.
L.1994,c.167,s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.14 - Cost for removal; lien

40:48-2.14. Cost for removal; lien
2. In all cases where brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling or lands under any ordinance adopted pursuant to section 1 of P.L.1943, c.71 (C.40:48-2.13) or section 1 of P.L.1994, c.167 (C.40:48-2.13a), by or under the direction of an officer or code enforcement officer of the municipality, such officer or code enforcement officer shall certify the cost thereof to the governing body, which shall examine the certificate, and if found correct shall cause the cost as shown thereon to be charged against said dwelling or lands; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
L.1943,c.71,s.2; amended 1968,c.94,s.2; 1994,c.167,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.16 - Monument, memorial to commemorate service of armed forces.

40:48-2.16 Monument, memorial to commemorate service of armed forces.
1. The governing body of any municipality may, by resolution, provide for the construction and erection of a monument or memorial of a permanent character commemorative of the services provided by the men and women in the armed forces of the United States, or to provide for a contribution to part of the cost of any similar monument or memorial; provided, that any such resolution shall set forth the price in respect to the monument or memorial, including the type of the monument or memorial and the amount of money proposed to be expended or contributed.
L.1947,c.335,s.1; amended 1949, c.78; 2001, c.342, s.8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:48-2.17 - Expenditures; duly sworn claim required

40:48-2.17. Expenditures; duly sworn claim required
In the event that any such ordinance provides for a contribution in accordance with the provisions of this act, no money shall be expended by the municipality except upon the presentation of a duly sworn claim approved by resolution of the governing body of the municipality.
L.1947, c. 335, p. 1087, s. 2.