Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:45-21. Run-off elections; adoption or abandonment of provisions; submission by ordinance or petition to voters; vote necessary a. Any municipality governed by the provisions of this act, but not by the provisions of sections 14 and 15 of this act, may, by referendum, adopt the…

40:45-3. Time for holding; publication and notice; procedure In every case in which a referendum vote of the legal or qualified voters of a municipality is authorized by law such vote may be taken at a special election to be held in such municipality on a day to be specified in a…

40:45-4. Time for holding district elections; school districts unaffected When there exists in this state any municipality or any district or subdivision thereof, except school districts, whose inhabitants or legal voters are authorized or required to meet annually for the purpos…

40:45-5. Short title This act shall be known and may be cited as the "Uniform Nonpartisan Elections Law." L.1981, c. 379, s. 1, eff. Jan. 1, 1982.

40:45-6 Application of act. 2. This act shall govern all municipalities having adopted a plan or form of government, or a charter, which provides for the election of municipal officers at regular municipal elections held on the second Tuesday in May, or having chosen to hold such…

40:45-7 Regular municipal elections; early voting; date; place; conduct; change; election officers. 3. Except as may otherwise be provided by law for initial elections conducted in a municipality following its adoption of a plan or form of government, or a charter or an amendment…

40:45-7.1 Municipal elections, certain, change of date permitted. 1. a. Any municipality governed by the provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) may, by ordinance, choose to hold regular municipal elections on the day of the gene…

40:45-7.2 Arranging ballots for general election. 2. Whenever a municipality has passed an ordinance pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the clerk of the county in which the municipality is located shall arrange the ballot for each subsequent …

40:45-8 Petitions of nomination. 4. On or before the 75th day prior to a regular municipal election, the names of candidates for all elective offices shall be filed with the municipal clerk, in the following manner and form and subject to the following conditions: a. The petition…

40:45-9 Individual certificates of nomination. 5. a. The municipal clerk shall furnish, upon request, a reasonable number of forms of individual certificates of nomination. b. Each certificate shall contain the name of one candidate, and no more. Each signer must not, at the time…

40:45A-1 Date, time of annual organization, reorganization meeting. 1. a. Notwithstanding any other provision of law, the governing body of a municipality in which any of the members of the governing body are elected for terms commencing January 1 may, by resolution, fix the date…

40:46-39. Optional Municipal Key Positions Law; short title This act shall be known as the "Optional Municipal Key Positions Law." L.1950, c. 211, p. 524, s. 1, eff. June 8, 1950.

40:46-40. Adoption of act Any municipality may, by referendum as hereinafter provided, adopt the provisions of this act and be governed thereby. L.1950, c. 211, p. 524, s. 2, eff. June 8, 1950.

40:46-41. Definitions For the purposes of this act, unless the context clearly requires another meaning: (a) "Committee" shall mean the Committee on Certification of Local Officers created by this act. (b) "Appointing authority" shall mean any officer, board or governing body of …

40:46-42. Certificate of qualification In any municipality governed under this act, no person holding a key position in such municipality shall hereafter acquire any protected tenure of office provided by general law unless and until he shall have obtained a certificate of qualif…

40:46-43. Committee on Certification of Local Officers There is hereby created a Committee on Certification of Local Officers. The committee shall consist of the Director of the State Division of Local Government and four municipal officials to be appointed by the Governor to ser…

40:46-44. Duties; standards of proficiency; certificates of qualification; training programs Subject to the provisions of this act and other applicable laws, the committee shall: (a) establish and define standards of proficiency and competence for key positions, not inconsistent …

40:46-45. Examination of applicants; certificates of qualification Upon request of any person holding a key position in any municipality governed under the provisions of this act who has served in such key position for a period of at least ten years from the date of his appointme…

40:46-46. Powers of committee For the purposes of this act, the committee may: (a) use the facilities of State departments as may be necessary or desirable to carry out any of the purposes or requirements of this act; (b) use such municipal, school, and other public buildings, fa…

40:46-47. Delegation of powers and duties; information and assistance; examination fees The committee may delegate such of its functions, powers, and duties as it may deem appropriate to its executive secretary, or to other officers and employees of the State. The committee may c…

40:46-48. Form of tests Tests as required by this act may be written, oral, physical or in the form of demonstration or evidence of education or skill, or any combination of these, and shall be of such character as fairly to test and determine the qualifications, fitness and abil…

40:46-49. Offenses Any person who, for the purpose of defeating, or obstructing the provisions and purpose of this act, shall: (a) willfully, by himself or in co-operation with one or more persons defeat, deceive or obstruct a person in respect to his right of taking a test for a…

40:46-50. Exemption of positions from provisions of act Key positions shall be exempt from the provisions of this act when the key positions are within the classified service of the civil service in any municipality operating under Title 11, Civil Service, of the Revised Statutes…

40:46-51. Retirement at 70 or for disability Any person who hereafter acquires tenure in a key position may, upon reasonable notice, be retired from active service in such position by action of the governing body of the municipality at any time after he has reached the age of sev…

40:46-52. Adoption of act The qualified voters of any municipality may adopt this act at any regular municipal or general election or at any election at which they vote on the adoption of any of the optional forms of government provided by the Optional Municipal Charter Law. Upon…

40:46-53. Act operative on favorable vote 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. If it appear…

40:47-11.1. Reappointment of former member Any municipality not subject to the terms of Title 11, Civil Service, of the Revised Statutes, may reappoint a former member of its police or fire department who has resigned in good standing provided (1) the employee's request for reins…

40:47-11.2. Reinstatement into pension system Whenever a former policeman or fireman is reappointed pursuant to section 1 of this act and the membership of such person in the pension system created pursuant to P.L.1944, chapter 255, or the pension system created pursuant to P.L.1…

40:47-12. Effect of annexation in certain cases on tenure L.1922, c. 123, p. 218 [1924 Suppl. s.s. *136-650A(1), *136-650A(2) ], entitled "An act concerning the annexation of part of one town or township to another municipality, and also the creation of new municipalities from su…

40:47-20.10. Validation of appointment of policemen exceeding maximum age Any appointment to the police department of a municipality heretofore made of an individual otherwise qualified who on the date of appointment exceeded the maximum age for appointment by less than 10 months…

40:47-20.11. Eligibility of appointee, after confirmation of appointment, to police and firemen's retirement system The board of trustees of the police and firemen's retirement system of New Jersey shall accept as a member of the retirement system any policeman, otherwise eligibl…

40:47-20.12. Appointment of chief of police exceeding maximum age and lacking residence qualifications Upon the creation of a police department in any municipality in which no police department existed theretofore, a person may be appointed to the office of chief of police of suc…

40:47-20.9. Validation of appointment of policemen appointed when less than 21 years of age Whenever it shall appear that any person was heretofore appointed to the police department or force of any municipality at a time when he was less than 21 years of age, and that he has ser…

40:47-4.6. Legislative findings The Legislature finds that the urgency of augmenting local law enforcement agencies to cope with increases in the number of serious crimes and civil disorders dictates authorization for temporary expansion of municipal police forces by appointment …

40:47-4.7. Temporary appointment; maximum period; qualifications Notwithstanding the provisions of law as to maximum age, residence, eligibility for membership in a pension or retirement system, duration of employment throughout an entire year or restriction on employment or earn…

40:47-4.8. Nature of act; limitation on appointments This act is of a temporary and emergent nature and no appointment shall be made pursuant hereto after January 1, 1972. L.1968, c. 275, s. 3, eff. Sept. 4, 1968.

40:47-51. Paid fire departments in certain municipalities; fire commissioners L.1886, c. 42, p. 54 (C.S. p. 2380, s.s. 217 to 219), entitled "An act to enable cities and municipalities of this state to create and maintain a paid fire department," approved March first, one thousan…

40:47A-1.1. Emergency; definition As used in this act and in the act of which this act is amendatory and supplementary, "emergency" means any unusual conditions caused by civil disturbance whereby the safety of the public is endangered or imperiled. The occurrence of such an emer…

40:47A-5.1. Reimbursement; amount The State House Commission, having verified the accuracy of statements made in the application for reimbursement and established the eligibility of the municipality to receive payment pursuant to the provisions of this act, shall: (a) Award reimb…

40:47A-7. Rules and regulations The State House Commission shall issue rules and regulations necessary to implement the administration of the Local Emergency Aid Fund. L.1970, c. 23, s. 5.

40:48-1 Ordinances; general purpose. 40:48-1. Ordinances; general purpose. The governing body of every municipality may make, amend, repeal and enforce ordinances to: Finances and property. 1. Manage, regulate and control the finances and property, real and personal, of the munic…

40:48-1.1. Removal or demolition of hazardous buildings; recovery of costs 1. Whenever any municipality, pursuant to law or pursuant to any ordinance, code, rule or regulation adopted pursuant to law, undertakes the removal or demolition of any building or structure which is dang…

40:48-1.3 Holding DUI arrestees in protective custody, certain circumstances. 1. a. A municipality may enact an ordinance providing that a person who is arrested for a violation of the provisions of R.S.39:4-50 shall be held in protective custody at an appropriate police or other…

40:48-1.4 Criminal history record check requested by municipality, authority for. 34. a. A municipality may enact an ordinance providing that an authorized municipal official or officer may request a criminal history record background check of any person for an official governmen…

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,…

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 pu…