Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:48-2.39. Licensed premises for retail sale of alcoholic beverages; purchase or condemnation; retirement of license In any case in which a municipality acquires by purchase or condemnation any real estate within the municipality which includes any licensed premises for the reta…

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 remaini…

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 c…

40:48-2.40. Alcoholic beverage retail consumption licenses; reduction of number The governing body of any municipality in which the number of existing alcoholic beverage retail consumption licenses exceeds one for each 2,000 of its population according to the latest Federal censu…

40:48-2.41. Maximum amount payable for transfer to municipality; limitation on reduction; reissuance No such contract shall authorize payment to the licensee for transfer of the license to the municipality of a sum in excess of $30,000.00 and no such contract shall result in the …

40:48-2.42. Increase in annual license fees; disposition of proceeds Any ordinance authorizing the acquisition of licenses pursuant to this act may provide for an increase in the annual license fees for all retail consumption licenses in the municipality in an amount of not more …

40:48-2.43. Indebtedness to finance retirement of licenses Any municipality adopting an ordinance pursuant to this act may, by bond ordinance, incur indebtedness, borrow money and authorize and issue its negotiable obligations to finance the acquisition and retirement of licenses…

40:48-2.45. Effect of act upon section 40:48-2.39 Nothing in this act shall affect the authority of a municipality to acquire and retire licenses pursuant to P.L.1966, chapter 317. L.1968, c. 277, s. 6, eff. Sept. 4, 1968.

40:48-2.46. Traffic and parking of vehicles in public parking yards and parking places; regulation In addition to the powers conferred to a municipality under section 39:4-197 of the Revised Statutes concerning the adoption of ordinances for the regulation of entrances to and exi…

40:48-2.47. Snow and ice removal from private street open to public; penalties; taxation of costs of removal by municipality; lien The governing body of any municipality may make, amend, repeal and enforce ordinances to compel the owner of certain real property on which there has…

40:48-2.48. Real property of camp meeting association; sanitary sewerage facilities; assessment Whenever any real property owned by and controlled by any camp meeting association heretofore or hereafter incorporated under any laws of this State shall lie within the territorial ar…

40:48-2.49 Regulation of operators engaged in removal of motor vehicles. 1. Notwithstanding the provisions of section 1 of P.L.1973, c.137 (C.39:4-56.6) or any other law, a municipality may regulate, by ordinance, the removal of motor vehicles from private or public property by o…

40:48-2.5. Repair, closing or demolition; ordinance; authorization for order of public officer; summary proceedings to demolish unsafe building Upon the adoption of a resolution finding that building conditions of the character described in section 1 hereof exist within a municip…

40:48-2.50. Fee limits All fees to be paid to an operator by a municipality for the storage of removed motor vehicles shall not exceed the following: (1) A limit of $3.00 per day for the first 30 days of storage per vehicle; and (2) A limit of $2.00 per day for the 31st day of st…

40:48-2.51. Penalty for violation of fee limits An operator engaged in the removal of motor vehicles, or any employee, officer or agent thereof, who engages in a pattern or practice of knowingly violating the fee limits set in section 3 of P.L.1987, c. 127 (C. 40:48-2.50) may be …

40:48-2.52 Definitions relative to adoption of curfew ordinances for juveniles. 2. a. As used in this act: (1) "Juvenile" means an individual who is under the age of 18 years. (2) "Guardian" means a person, other than a parent, to whom legal custody of the juvenile has been given…

40:48-2.53 Address registration by certain property owners required; "real property" defined 1. a. A municipality is hereby authorized and empowered to enact an ordinance requiring an owner of real property situated within the municipality to register with the clerk of the munici…

40:48-2.54 Model schedule of towing, storage services adopted by municipality, county. 3. a. The governing body of a municipality or county which requires the towing and storage of motor vehicles without the consent of the owners of those vehicles shall adopt an ordinance or reso…

40:48-2.56. Recreation trust fund, creation, use 2. Any county or municipality which has not established a board of recreation commissioners may, by resolution, establish a recreation trust fund into which shall be deposited any fees paid by individuals to offset the costs of ope…

40:48-2.57 Municipal remediation ordinances, inapplicability to sites under DEP oversight. 1. No ordinance governing the investigation or cleanup of historic pesticide contamination adopted by the governing body of a municipality shall apply to any property for which any person i…

40:48-2.58. Municipality prohibited from limiting, prohibiting display of U.S. flag, yellow ribbons, signs in support of troops 1. a. The governing body of a municipality shall not adopt or enforce any ordinance or resolution, as appropriate, limiting or prohibiting the display o…

40:48-2.59 Municipal powers to abate graffiti. 2. a. The governing body of every municipality may make, amend, repeal, and enforce ordinances to prohibit acts of graffiti on buildings, structures and other exposed surfaces located within the municipality and to require the owner …

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 …

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…

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 …

40:48-2.60 Definitions relative to charitable clothing bins. 1. For the purposes of P.L.2007, c.209 (C.40:48-2.60 et seq.), "solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance, or other thing of any kind or valu…

40:48-2.61 Requirements for placement, use of clothing bin for solicitation purposes. 2. Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a donation clothing bin, for solicitation purposes, unless all of the following requirements …

40:48-2.62 Receipt, investigation of complaints relative to donation clothing bin. 3. The appropriate municipal agency within the municipality in which a donation clothing bin has been placed shall receive and investigate, within 30 days, any complaints from the public about the …

40:48-2.63 Additional penalties, remedies. 4. In addition to any other penalties or remedies authorized by the laws of this State, any person who violates any provision of P.L.2007, c.209 (C.40:48-2.60 et seq.) which results in seizure of the donation clothing bin shall be: a. Su…

40:48-2.64 Effective date; applicability. 5. This act shall take effect on the first day of the thirteenth month following enactment, and shall apply to all donation clothing bins in place on the effective date of this act and all donation clothing bins placed subsequent to the e…

40:48-2.65 Definitions; impoundment of shopping carts by municipalities. 1. a. As used in this section: "Shopping cart" means a push cart of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the p…

40:48-2.66 Permission required for posting, display of certain advertisements. 1. a. A person shall not post or otherwise display any temporary commercial or business advertisement, to induce directly or indirectly any person to enter into any obligation or acquire title or inter…

40:48-2.67 List of municipal residents in need of special assistance. 1. The governing body of a municipality, by ordinance, may require the clerk of the municipality to maintain a list containing the names and addresses of municipal residents who identify themselves as being in …

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 …

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 f…

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, includi…

40:48-20. Joint acquisition of lands, buildings and equipment; officers and employees For the purpose of carrying into execution any such joint contract any municipality, as a party thereto, may acquire lands as tenants in common by purchase, gift or condemnation and erect and eq…

40:48-21. Financing joint project Any municipality may raise and disburse all necessary money, either by taxation, the assessment of special benefits, or the issuance of bonds, in the manner provided by law to pay its respective share of the cost of acquiring, constructing, maint…

40:48-22. Organization of municipalities for mutual welfare; officers Any municipality, by resolution of its governing body, may join with any other municipality or municipalities in the formation of an organization of municipalities, for the purpose of securing concerted action …

40:48-23. Representation in joint organization; contribution to support; representative's expenses Any municipality which shall join such an organization may, by its governing board, designate the mayor or other chief executive officer of the municipality, or any member of the go…

40:48-24. Special meetings of governing body The presiding officer of the governing body may call special meetings thereof when, in his opinion necessary or expedient; and upon the written request of one-fourth of the total membership of the governing body, addressed to its presi…

40:48-25. Municipal investigation committees; power to issue subpoenas; service of 40:48-25. When the governing body of a municipality shall have appointed a committee of its members upon any subject or matter within its jurisdiction, the committee may issue a subpoena ad testifi…

40:48-26. Refusal of witness to testify; punishment by Superior Court If any person subpoenaed shall fail to obey the subpoena, or to give testimony, or to answer a proper question, or to produce any books, papers or documents as required or shall be guilty of misconduct at the h…

40:48-28. Oaths administered; perjury A member of the committee may administer oaths to all witnesses appearing before it. A person who shall willfully and corruptly testify falsely to a material matter upon oath administered by a member of the committee, upon such investigation …

40:48-29. Fees and mileage Witnesses subpoenaed for such investigation shall be entitled to receive the same fees and mileage as witnesses in civil actions, to be paid out of the treasury of the municipality upon certificate of the committee.

40:48-3. Power to do work where owner refuses; procedure When, by this subtitle, the governing body of any municipality is given power to order the owner of any real estate therein, to make any improvement or to do any work thereon, or upon any street upon which his real estate a…