Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:83-3. No officer or employee to receive free service; exceptions No officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of said municipality, any interurban railway, street railway, gas works, waterworks,…

40:83-4. Unlawful methods for securing political support No candidate for office, appointment or employment, and no officer, appointee, or employee in any such municipality shall directly or indirectly give or promise any person any office, position, employment, benefit or anythi…

40:83-5. Certain acts misdemeanors Any person who shall violate any provision of sections 40:83-2, 40:83-3 or 40:83-4 of this title shall be guilty of a misdemeanor.

40:83-6. Tenure of veterans in office of city engineer 1. Any person being an honorably discharged soldier, sailor or marine, who served in the Army, Navy or Marine Corps of the United States in any war of the United States, or an honorably discharged member of the American Merch…

40:83-7. Complaint for removal; hearing Upon the filing of such complaint, a certified copy thereof shall be served upon such person at least five days before the hearing and at such hearing such person shall have the right to be represented by counsel, to produce and have proces…

40:84-10. Terms of councilmen first elected The number of votes received by each candidate elected in such first election shall determine the length of his term, the successful candidate or candidates receiving the lowest number of votes being elected for one year only, the next …

40:84-11 Elections; when held; term of office. 40:84-11. In cases provided for in this article the municipal election to be held in accordance with the "Uniform Nonpartisan Elections Law," P.L. 1981, c.379 (C. 40:45-5 et seq.) shall be held on the second Tuesday in May or on the …

40:84-12. Recall of councilmen; petition The procedure to effect the removal of councilmen in addition to other methods provided by law shall be as follows: A petition signed by voters entitled to vote for a successor to the incumbent sought to be removed, equal in number to at l…

40:84-13. Notice of recall served; order for recall election If the petition shall be sufficient the municipal clerk shall notify the councilman or councilmen whose recall is sought thereby within two days. If such notice cannot be served upon the councilman or councilmen affecte…

40:84-14. Ballot; form and content The ballots at the recall election shall conform to the requirements of this subtitle respecting the election for councilmen at the municipal election, except that for the words "municipal election" there shall be substituted the words "recall e…

40:84-15. Removal of more than one councilman If the removal of more than one councilman is sought the same provisions for submitting to the electors the question and direction hereinbefore described shall be repeated in the case of each councilman concerned and their position on…

40:84-16. Ballot for election of successor of recalled councilman The same ballot used for submitting the question or questions of recall shall be used for the election of successors to the councilman or councilmen sought to be removed, and the provisions of this subtitle concern…

40:84-17. Notice of recall election The municipal clerk shall cause to be made due publication of notice of arrangements for holding all recall elections and they shall be conducted as are other municipal elections.

40:84-18. Vote required for recall If a majority of votes in connection with the recall of any councilman be in favor of the recall the term of office of such councilman shall, upon the certification of the results of election by the municipal clerk, cease and determine.

40:84-19. Councilmen to continue in office if recall lost If the results of such recall election shall by the certificate of the municipal clerk, be shown to be against the recall of the councilman he shall continue in office as if no recall election had been held, and the vote f…

40:84-2 First election; when held. 40:84-2. The first municipal election for councilmen shall be held on the fourth Tuesday after the adoption of this subtitle and thereafter an election shall be held on the second Tuesday in May or on the day of the general election in November …

40:84-2.1. Adoption of other form of government by municipality with manager form of government Whenever in any municipality governed under "The Municipal Manager Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of governm…

40:84-6.1. Order of names of candidates on ballot; draw of lots to determine The municipal clerk shall draw lots to determine the order in which the names of the candidates shall appear upon the ballots. The name of the person first drawn shall occupy first place on the ballot, o…

40:84-9. Councilmen may be elected for terms of three years in certain cases Whenever in any municipality in which the terms of office of the members of the municipal council by whatsoever name the council and its members may be known, expire in successive years, proceedings are …

40:85-1. After four years may abandon this form of government; procedure Any municipality which shall have operated for more than four years under the provisions of the act entitled "An act relating to, regulating and providing for the government of municipalities, except countie…

40:85-10. Vote required for adoption; effect of adoption; certain officers unaffected If the majority of the votes cast shall be in favor of the question, then the same shall be certified to by the county election officials as provided under the general election law, the municipa…

40:85-11 Nomination, election of officers for new government. 40:85-11. At the primary election for the general election held in such municipality after the general election at which such question shall be adopted, the electors of such municipality shall nominate officials for th…

40:85-12. If rejected no petition for two years If a majority of the votes cast at the election are against resuming the former government as provided in section 40:85-1 of this title no other petition for a change from the form of government then in force shall be filed in the m…

40:85-2. Petition for submission; proposition stated A petition in writing signed by not less than twenty per cent of the electors appearing on the registry list at the previous general election shall be filed with the municipal clerk, requesting that the governing body of such m…

40:85-3. Petition; form and content The petition shall be in substantially the following form: "To the municipal clerk of (name of municipality): "You are hereby requested to lay before the municipal council of the municipality of (name of municipality) forthwith the demand of th…

40:85-4. Petition; affidavit annexed The petition shall have annexed thereto the following form of affidavit: State of New Jersey, ) ss. County of ............ ) ...................... , being duly sworn, according to law, upon his oath says that he is the person who procured the…

40:85-5. Petition need not be on single paper; affidavit annexed The petition need not be on a single sheet of paper but may be on any number of separate sheets of paper, for the purpose of more conveniently obtaining signatures. Each separate paper shall be in the form provided …

40:85-6. Minor deviations permissible No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom, but such petition shall be accepted if it substantially conforms to the form provided herei…

40:85-7. Clerk to examine petitions; amendments The municipal clerk shall examine the petition and within ten days of the date of its being filed with him, shall certify the same to the municipal council if the same is complete and regular, and if the same is not complete and reg…

40:85-8. Municipal council to pass resolution to place question on ballot The municipal council, upon receiving the petition shall, within five days, pass a resolution and forward it to the county clerk, requesting that the question be placed upon the general election ballot, as …

40:85-9. County clerk to place question on ballot The county clerk, upon receiving such request, shall place the question upon the general election ballot for such municipality at the next general election. The question shall be submitted in the form required by law for the submi…

40:103-5(97). Establishment, abolition, merger of commissions a. The city council by resolution may, and upon the filing with the city clerk of a written petition signed by 100 residents of the city registered to vote in the last preceding general election requesting said action,…

40:108-1. Referendum act; mayor and council; wards; councilmen at large; boards and officers; improvements; beach protection; public utility plants L.1897, c. 30, p. 46 (C.S. pp. 1297 to 1336, s.s. 2440 to 2564), entitled "An act relating to and providing for the government of ci…

40:109-3. Referendum act; mayor and council; boards and officers; public utility plants and improvements; ordinances and finance L.1899, c. 52, p. 96 (C.S. pp. 1336 to 1367, s.s. 2565 to 2653), entitled "An act relating to and providing for the government of cities of this state …

40:141-1(1). Board of Water Commissioners a. Any incorporated town in this State which has adopted the provisions of this act and its supplements prior to the effective date of this act, is hereby authorized to establish and continue a Board of Water Commissioners, empowered to c…

40:151-41. Records of creation of fire district lost or destroyed; existence recognized L.1930, c. 96, p. 339, entitled "An act prescribing the method of proof of the creation of a fire district where the record of such creation has been lost, destroyed or mislaid," approved Apri…

40:151-48. Fire districts created by legislature; assets and debts of old district distributed Whenever any fire district shall have been created by any act of the legislature defining the territory to be comprised in said fire district such fire district shall have and own all t…

40:151-49. Joint committee to divide property; appointment Whenever such fire district shall have been created from another fire district as provided in section 40:151-48 of this title after the first election of fire commissioners therein a committee of three shall be appointed …

40:151-50. Joint meeting; property and indebtedness apportioned Whenever a joint committee is created as provided by section 40:151-49 of this title, the governing body of the township in which such district is situated shall appoint a time and place on the first Monday succeedin…

40:151-51. Quorum; procedure; clerk appointed In effecting such division a decision of the majority of those present of the committee of the newly created fire district, concurred in by a majority of those present and of the committee of the fire district the assets and debts of …

40:151-52. Powers; examine witnesses; subpoenas Such joint committee shall have power to issue subpoenas, compel the attendance of any of the officers of the fire districts affected, compel the production of all books and papers relating to the subject matter under consideration,…

40:151-53. Commissioners appointed where no agreement reached 40:151-53. If the joint committee herein provided for should be unable to agree upon a division of the assets or debts of said fire districts, or if either of said fire districts desires to have such allotment and divi…

40:151-54. Bonds to pay water bills in arrears prior to 1935 L.1935, c. 135, p. 347 entitled "An act concerning the payment of past due water service charges of fire districts in townships of this state," approved March twenty-sixth, one thousand nine hundred and thirty-five, sav…

40:160-2. Villages separated from townships; autonomy of local government L.1904, c. 153, p. 287 (C.S. pp. 5757, 5758, s.s. 104 to 108), entitled "An act concerning villages which have been or shall become separated from the township in which they were or are contained and which …

40:160-3. Elections in villages set off from townships L.1882, c. 121, p. 158 (C.S. p. 5753, s.s. 78 to 84), entitled "An act concerning elections in villages," approved March twenty-second, one thousand eight hundred and eighty-two, as amended by L.1890, c. 162, p. 262 (C.S. pp.…