Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:11A-13. Rights of obligees An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee; (a) By action or proceeding in lieu of prerogative writ, t…

40:11A-14. Securing bonds by mortgage or trust indenture; powers of authority after default; pledge of revenue (1) Any bonds or any issue or issues of bonds of an authority may, in the discretion of the authority, be secured by a mortgage or trust indenture by and between the aut…

40:11A-15. Real property exempt from levy All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon i…

40:11A-16. Bonds; legal investment for banks and trustees Notwithstanding any restrictions on investments contained in any laws of this State, the State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies…

40:11A-17. Contracts respecting labor and materials Subject to any of the foregoing provisions any authority may but without intending by this provision to limit any powers of such authority enter into and carry out such contracts or establish or comply with such rules and regula…

40:11A-18. Powers of authority pertaining to other governmental agencies In addition to the powers conferred upon any authority by other provisions of this act, every authority is empowered to borrow money or accept contributions, grants or other financial assistance from the Fed…

40:11A-19. Taxation exemption Every parking project and all property of the parking authority are hereby declared to be public property of a political subdivision of the State and devoted to an essential public and governmental function and purpose and shall be exempt from all ta…

40:11A-2. Declaration of necessity of legislation It is hereby determined and declared: (a) That the greatly increased use by the public of motor vehicles of all kinds has caused serious traffic congestion on the streets of urban centers of population in the municipalities of thi…

40:11A-20. Restriction on alteration of powers The provisions of this act shall constitute a part of any and all contracts entered into by an authority created hereunder for the benefit and security of the creditors of such authority, and the State of New Jersey does hereby pledg…

40:11A-21. Municipal and county co-operation Any city, town, borough, village, township, or county, located in whole or in part within the area of operation of a parking authority organized pursuant to this chapter, or any amendments thereto, shall have the power from time to tim…

40:11A-22. Municipal parking authorities (1) The municipality for which a parking authority shall have been created shall have the power from time to time, by or pursuant to ordinance duly adopted or by instruments or other action authorized by such an ordinance and for such peri…

40:11A-22.1. Parking enforcement officer As used in this act, a parking enforcement officer means a person appointed pursuant to this act to exercise the power and authority described in paragraph (d) of subsection (3) of section 22 of P.L. 1948, c. 198 (C. 40:11A-22(3)(d)). Park…

40:11A-22.10. Fees The parking authority may charge a reasonable fee for uniforms supplied pursuant to this act; however, the appointing authority shall not charge a fee for the costs of training or issuing a certificate of appointment. L. 1987, c. 291, s. 11.

40:11A-22.11. Redesignation All persons currently employed under the supervision and direction of a parking authority as special law enforcement officers and who are exercising the power and authority described in paragraph (d) of subsection (3) of section 22 of P.L. 1948, c. 198…

40:11A-22.2 Qualification for appointment as parking enforcement officer. 3. No person may be appointed as a parking enforcement officer unless the person: a. is a resident of this State during the term of appointment; b. is able to read, write, and speak the English language pro…

40:11A-22.3. Fingerprinting Every applicant for the position of parking enforcement officer appointed pursuant to this act shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and Federal Bureau of Investigation. L. 1987, c. 291, s. 4…

40:11A-22.4. Eligibility determination Before any parking enforcement officer is appointed pursuant to this act, the chief of police, or, in the absence of the chief, other chief law enforcement officer of the municipality shall ascertain the eligibility and qualifications of the…

40:11A-22.5. Firearms banned No parking enforcement officer may carry a firearm while engaged in the actual performance of the officer's official duties. A parking enforcement officer shall be deemed to be on duty only while the officer is performing the public safety functions e…

40:11A-22.6. Training course No person appointed after the effective date of this act may commence his duties as a parking enforcement officer unless that person has successfully completed a training course conducted or approved by the municipality or parking authority. L. 1987, …

40:11A-22.7. Waiver The training requirements set forth in section 7 of this act may be waived by the appointing authority for any person eligible to be appointed as a parking enforcement officer under this act who has substantially equivalent training and background, as determin…

40:11A-22.8. Uniform Every parking enforcement officer prior to the commencement of his duties shall be furnished with a uniform which shall identify the officer's function. The uniform shall include, but not be limited to, a hat and appropriate badges which shall bear an identif…

40:11A-22.9. Insignia Within six months following the effective date of this act, parking authorities shall issue permanent insignia. The appointing authority may issue temporary insignia for use prior to the issuance of permanent insignia. L. 1987, c. 291, s. 10.

40:11A-23. Aid by public bodies (1) For the purpose of aiding and co-operating in the planning, undertaking, construction or operation of parking projects of an authority, any public body within the territory of which any such project is located may: (a) Acquire real property in …

40:11A-24. Termination of authority When any authority shall have finally paid and discharged all bonds or other obligations, which together with interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may, subject to any agre…

40:11A-25. Validity of chapter Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder…

40:11A-26. Inconsistent laws All general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the exercise of the powers, duties and obligations authorized under the provisions of this act. L.1954, c. 138, p. 637, s. 14.

40:11A-3. Definitions The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context: (a) "Authority" or "parking authority" or "authorities" or "parking authorities" shall m…

40:11A-4. Creation of parking authorities The governing body of any county or municipality may, by resolution or ordinance, as appropriate, create a public body corporate and politic and a political subdivision of the State to be known as the "Parking Authority of the ," insertin…

40:11A-4.1 Authorization for parking authority to serve as redevelopment entity. 1. a. A municipality, by ordinance, may authorize its parking authority to serve as a redevelopment entity under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.), and to…

40:11A-5. Authority; commissioners; misconduct; removal No commissioner of any authority may be an officer or employee of the municipality or county for which the authority is created; provided, however, that a municipality may appoint its traffic engineer or chief of police to s…

40:11A-6. Powers and purposes of authority (1) Every parking authority shall constitute a public body corporate and politic and a political subdivision of the State with the same territorial boundaries as the boundaries of the municipality or county creating the authority, exerci…

40:11A-6.1. Audit of accounts of parking authority annually; filing It shall be the duty of every "parking authority," created pursuant to the act to which this act is a supplement, to cause an annual audit of the accounts of the authority to be made and filed with the authority,…

40:11A-6.2. Certified copy of bond resolution and bond proceedings; filing Every such "parking authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local Government in the Department of the Treasury and in addition…

40:11A-6.3 Senior Citizen Priority Parking Program created by municipal parking authority. 2. a. The commissioners of a municipal parking authority created pursuant to the provisions of P.L.1948, c.98 (C.40:11A-1 et seq.) by resolution, may create a Senior Citizen Priority Parkin…

40:11A-7. Right of eminent domain An authority shall have right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this chapter after the adoption by it of a resolution declaring that the acquisition of t…

40:11A-7.1. Relocation or removal of public utility facilities Whenever an authority, or any municipality or county which has acquired by purchase or condemnation real property for any project or for the widening of existing roads, streets, parkways, avenues or highways or for ne…

40:11A-8 Bonds; power to issue. 8. Every authority shall have power to issue its bonds from time to time in its discretion for any of its corporate purposes, including: the paying or retiring of any bonds previously issued by it; paying the cost of retiring the present value of t…

40:11A-9. Bonds; liability Neither the commissioners of an authority nor any person executing bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority (and such bonds and obligations shall so state on their f…