The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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88-913]

There shall be a Department of Public Safety, the head of which shall be the Director of Public

Safety. The Department shall include the Police Divisions, the Emergency Management Organization,

the Bureau of Fire Prevention and the Bureau of Animal Control. In addition, the Director shall be

responsible for proper liaison with the various volunteer fire companies and the rescue squad. The

Director may appoint Police Chaplains.

& 3-85.

Police Divisions. [Amended 12-23-68 by Ord. No. 68-1-H; 3-28-88 by Ord.

No. 88-913; 1-28-02 by Ord. No. 02-03]

There shall be four (4) Police Divisions (Patrol, Investigative, Traffic and Administration) under

the direction and supervision of the Deputy Chief/Director who shall also perform all the functions and

duties of a Chief of Police, but nothing herein contained is intended to grant to the Deputy

Chief/Director any tenure which m ay be provided for by statute or ordinance. The Divisions shall

consist of up to four (4) captains, up to ten (10) lieutenants, up to eleven (11) sergeants, and up to

sixty-four (64) patrol persons, to be appointed to these positions by the Mayor with the advice and

consent of the Council. The Divisions shall be organized in such a manner and with such

assignments of personnel as the Deputy Chief/Director shall order. The Divisions shall [Amended 1-

28-02 by Ord. No. 02-03]:

Preserve the public peace; protect life and property; prevent crime; detect and arrest

offenders against the penal law and ordinances effective within the municipality; suppress

riots, mobs and insurrections; disperse unlawful or dangerous assemblages; and preserve

order at all elections and public meetings and assemblages.

Administer and enforce laws and ordinances to regulate, direct, control and restrict the

movement of vehicular and pedestrian traffic, including the marking and signing of roads to

protect the safety and facilitate the convenience of motorists and pedestrians.

C. Remove all nuisances in the public streets, parks and other public places; inspect and

observe all places of public amusement or assemblage and all places of business requiring

any state or municipal license or permit; and report thereon to the appropriate department.

D. Provide proper police attendance and protection at fires.

Provide for attendance of its members in the Municipal Court as necessary for the

prosecution and trial of persons charged with crimes and offenses; and cooperate fully with

law enforcement and prosecuting authorities of federal, state, county and other local

governments.

359

3-03

& 3-85

EAST BRUNSWICK CODE

& 3-88

Operate a training program to maintain and improve the police efficiency of the members

of the Division.

Recommend and supervise the installation and maintenance of an adequate and safe

streetlighting system.

Be subject, pursuant to N.J.S. 40A:14-118, to the jurisdiction of the Director of Public

Safety, who shall be considered the appropriate authority for the discipline of members

of the Division of Police. [Added 12-30-85 by Ord. No. 85-720]

& 3-86.

Bureau of Fire Prevention and Bureau of Animal Control. [Amended

8-14-78 by Ord. No. 78-49; 1-28-80 by Ord. No. 80-208; 3-28-88 by Ord. No.

88-913]

There shall be a Bureau of Fire Prevention and a Bureau of Animal Control within the

Department of Public Safety.

The head of the Bureau of Fire Prevention shall be the Fire Official, who shall be

responsible for enforcing Chapter 102, Fire Safety, of the Code of the Township of East

Brunswick, and such other codes or ordinances as the Director may assign.

The Bureau of Animal Control shall enforce Chapter 65 and 83 of the Code of the

Township of East Brunswick by regulating the maintenance of cats and dogs and such

other codes or ordinances as the Director may assign.

& 3-87.

Emergency Management Organization. [Amended 3-28-88 by Ord. No.

88-913]

THIS SECTION W AS RELOCATED TO & 3-42.2 ON 1-28-02 BY ORD. NO. 02-02

& 3-88.

Traffic Advisory Board. [Added 12-27-93 by Ord. No. 93-80; amended

6-12-95 by Ord. No. 95-20]

W ithin the Department of Public Safety, there shall be a Traffic Advisory Board consisting of

nine (9) residents of the Township of East Brunswick, one of whom shall be a member of the

Commuter Advisory Committee and all of whom shall be voting members. The Mayor shall designate

one (1) employee of the Township of East Brunswick who shall be a liaison between the Traffic

Advisory Board and the County, State, and Federal Governments with regard to the Federal Clean

Air Act; one (1) employee in the Township Department of Planning and Engineering and one (1)

employee in the Township Department of Public Safety. Three (3) of the resident members shall be

appointed by the Mayor and five (5) of the resident members shall be appointed by the Council and

one (1) by the Commuter Advisory Board. The members shall serve staggered terms of two years,

beginning the first day of January, except that the two additional members appointed by virtue of this

ordinance shall be appointed for an initial term which shall expire on January 1, 1996 and thereafter

for two year terms. The Board shall:

Identify and study traffic "trouble spots" and make recommendations to reduce traffic on

roads in East Brunswick.

360

3-03

& 3-88

ADMINISTRATION OF GOVERNMENT

& 3-88.1

W ork with the Department of Public Safety, Traffic Division, the Mayor, Township Council,

Middlesex County Road Department and New Jersey Department of Transportation in order

to come up with solutions to traffic problems in the Township of East Brunswick.

Study requirements of the Federal Clean Air Act and suggest ways in which East Brunswick

can meet federal requirements to reduce traffic and to reduce air pollution and emissions from

motor vehicles.

W ork with the East Brunswick business community in order to come up with suggestions to

reduce traffic through innovative approaches to work hours, deliveries, car pools and van

pools, and other approaches which may reduce traffic.

W ork with any other governmental, citizen, or transportation group to accomplish the

foregoing.

& 3-88.1.

Special Law Enforcement Officers. [Added 1-28-80 by Ord. No. 80-212;

3-28-88 by Ord. No. 88-913]

The Director of Public Safety may from time to time appoint Special Law Enforcement

Officers pursuant to N.J.S.A. 40A:14-118, the amendments and supplements thereto and the

provisions of the ordinance.

Special Law Enforcement Officers may be appointed for terms not to exceed one year, and

the appointments may be revoked for cause after adequate hearing, unless the appointment

is for four months or less, in which event the appointment may be revoked without cause or

hearing. Nothing herein shall be construed to require reappointment upon the expiration of

the term. The Special Law Enforcement Officers so appointed shall not be members of the

police force of the Township, and their powers and duties as determined pursuant to this

section shall cease at the expiration of the term for which appointed.

C. Before any such appointment is made, the Director of Public Safety shall ascertain whether

the applicant for appointment is qualified under the applicable laws of New Jersey and the

provisions of this Ordinance.

D. No person may be appointed as a Special Law Enforcement Officer unless the person:

Is a resident of this State during the term of appointment.

Is able to read, write and speak the English language well and intelligently and has a high

school diploma or its equivalent.

Is sound in body and of good health.

Is of good moral character.

Has not been convicted of any offense involving dishonesty or which would make him

unfit to perform the duties of his office.

361

10-95

& 3-88.1

EAST BRUNSWICK CODE

& 3-90

Such Special Law Enforcement Officers shall be under the supervision and direction of

the Director of Public Safety and/or his representative and shall abide by the rules and

regulations applicable to the conduct and decorum of the regular Police Officers as now

or hereafter adopted insofar as they are applicable to the duties and responsibilities of

Special Law Enforcement Officers.

In addition, such Special Law Enforcement Officers shall:

Perform duties at such time and place as approved by the Director of Public Safety

in accordance with the standard operating procedures as now or hereafter adopted

within the Department of Public Safety.

Report for Police duty to the Director of Public Safety or his representative wherever

ordered to do so in the event of any emergency or disaster or when duty is required

to protect the safety of the public.

In accordance with R.S. 40A:14-118, Class One Special Law Enforcement Officers shall

be authorized to perform routine traffic details, spectator control and similar duties. They

shall have the power to issue summonses for disorderly persons, petty disorderly

persons, ordinance offenses and violations of Title 39 of the revised statutes.

ARTICLE XIV

Department of Health and Welfare

[Amended 2-9-98 by Ord. No. 98-4]

& 3-89.

Department established. [Amended 9-30-74 by Ord. No. 74-1-Z; 2-9-98

by Ord. No. 98-4]

Department generally. There shall be a Department of Health and W elfare, the head of which

shall be the Director, who shall also be the Health Officer. The Department shall include the divisions

of Health and W elfare.

& 3-90.

Division of Health. [Amended 12-28-92 by Ord. No. 92-54]

W ithin the Department there shall be a Division of Health, the head of which shall be the Health

Officer. The Division shall:

Have all of the functions, powers and duties of a local board of health, except that as

required by the charter, the Council shall have and exercise all local legislative powers

of a local board of health.

(Continued on page 363)

362

5-98

& 3-90

ADMINISTRATION OF GOVERNMENT

& 3-92

Plan and administer a comprehensive public health program, including, but without

limitation thereto, environmental sanitation, communicable disease control, child and

adult health and health education, laboratory services and any other services as may be

authorized by the charter or ordinance and prescribed in Recognized Public Health

Activities and Minimum Standards for Performance for Local Health Departments in New

Jersey, promulgated by the Public Health Council of the New Jersey Department of

Health.

C. Supervise the collection and disposal of garbage and refuse in the township.

& 3-91.

Advisory Health Council. [Amended 2-25-80 by Ord. No. 80-218; 10-25-

04 by Ord. No. 04-19]

There shall be an Advisory Health Council consisting of fourteen (14) citizens, one (1) of which

shall preferably be a physician and one shall be a Member Emeritus. The members of the Advisory

Health Council shall be appointed by the Mayor with the advice and consent of the Township Council

for staggered terms of three (3) years. Vacancies shall be filled for the remainder of the unexpired

term. The Health Officer shall be a voting member and shall serve as Secretary of the Advisory

Health Council and shall prepare and complete all files and minutes of all meetings. For budget,

personnel and purchasing purposes, the Advisory Health Council is allocated and assigned to the

Division of Health. The Advisory Health Council shall have the following duties:

To make recommendations to the Health Officer and Mayor concerning or relating to the

operation and administration of the Division of Health.

To make recommendations to the Council concerning or touching upon matters of policy or

ordinances affecting the Division of Health.

C. W henever an appeal is made to the Mayor from a ruling of the Health Officer, the Mayor may

convene the Advisory Health Council for the purpose of soliciting its advice regarding a

decision on the appeal. In such cases, the opinion of the Advisory Health Council shall be

advisory in nature only, and the Mayor shall make his individual decision on the matter after

receiving the advice of the Advisory Health Council. In cases where appeals are made to the

Mayor, he shall set a date for the hearing of the Advisory Health Council within fourteen (14)

days after receiving the written request and shall render his decision within ten (10) days after

completion of the hearing.

& 3-92.

Division of Welfare.

W ithin the Department there shall be a Division of W elfare, the head of which shall be the Local

Assistance Board appointed pursuant to law (N.J.R.S. 44:8-1 et seq. ). The Director of W elfare,

under the supervision of the Board, shall:

Administer laws and ordinances relating to relief of the needy, including the furnishing of all

forms of public assistance to needy persons who are eligible for assistance provided by law

through county and state agencies.

363

3-06

Editor's Note: N.J.R.S. 44:8-1 through 44:8-31 were repealed by P.L. 1940, c. 183; however,

Section 1 of P.L. 1940, c. 180, provided for the continuance of Boards created pursuant to the repealed

statutory provisions.

& 3-92

EAST BRUNSWICK CODE

& 3-94

Provide or arrange for shelter and custodial care of dependent and homeless men and

women.

Enter into and perform cooperative agreements with voluntary charitable organizations

and services to effectuate its other functions under this section.

Provide related social services, such as domestic relations counseling, investigation of

paternity cases, indigent burials and other public welfare activities.

Cooperate with other public agencies and institutions and with voluntary institutions in the

certifications of medically indigent patients for care and treatment.

& 3-93.

Local Assistance Board. [Amended 8-14-78 by Ord. No. 78-49]

There shall be a Local Assistance Board consisting of five (5) members, one (1) of whom shall

be a woman. The members shall be appointed by the Mayor with the advice and consent of the

Council. They shall serve without compensation but shall be allowed their actual expenses. One (1)

member shall serve for one (1) year and he may also be a member of the Council. The other

members shall serve for four-year staggered terms beginning the first day of January. Vacancies shall

be filled for the balance of the unexpired term.

& 3-94.

Environmental Commission. [Added 5-29-73 by Ord. No. 73-1-V;

amended 8-26-74 by Ord. No. 74-192; 1-28-91 by Ord. No. 91-6; 2-9-98

by Ord. No. 98-4]

THIS SECTIO N W AS DELETED ON 2-9-98 IN ITS ENTIRETY BY ORD. NO. 98-4. SEE NEW

SECTION, & 3-55(O), DEPARTMENT OF PLANNING AND ENGINEERING.

364

5-98

& 3-95

ADMINISTRATION OF GOVERNMENT

& 3-95

& 3-95.

Powers of Director relative to food establishments. [Added 12-27-67 by

Ord. No. 67-99 ]

21

Emergency powers of the Director of the Department of Health, Environment and W elfare.

W henever the Director of the Department of Health, Environment and W elfare finds that the

public safety will not permit delay, he may exercise one (1) or more of the following powers

without having to resort to legal proceedings and without the necessity of giving notice or

holding a hearing which would otherwise be required under any provision of this chapter.

(1) Power to prevent the sale of food. The Director of the Department of Health,

Environment and W elfare may prohibit the importation, storage or sale of any food, drink

or other items intended for human consumption or use from a source suspected of being

infected, contaminated, unsanitary, unhealthy or dangerous.

(2) Power to seize and destroy unwholesome food. The Director of the Department of

Health, Environment and W elfare may order the seizure and destruction of any food,

drink or other items intended for human consumption or use which are unwholesome or

dangerous or likely to cause sickness or injury to the persons who consume or use it.

(3) Suspension of licenses. The Director of the Departm ent of Health, Environment and

W elfare may temporarily suspend the license of any person required to be licensed by

any of the provisions of this chapter if he finds that the licensed activity is being

conducted in such a manner as to endanger the health or safety of the public. During the

period of suspension, the Director may take such action as he deems necessary to

prevent the operation of the licensed activity, including but not limited to impounding

items intended for human consumption, merchandise, supplies and equipment necessary

to carry on the licensed activity and posting and padlocking the premises. Any

suspension imposed under the authority granted by this section shall only be effective

until a hearing can be held after proper notice.

Right of entry.

(1) Right of entry to inspect prem ises. The Director of the Department of Health,

Environment and W elfare, his agents and employees shall have the right to inspect any

premises in the Township of East Brunswick if they have reason to believe that any of the

provisions of any township ordinances are being violated or as part of any regular

program of inspection.

(2) Search warrant. If the owner or occupant of any premises refuses to permit entry for the

purpose of inspection, the Director of the Department of Health, Environment and

W elfare may apply to the Magistrate of the Township of East Brunswick or any other

court of competent jurisdiction for a search warrant. The application shall be based upon

an affidavit setting forth that the inspection is part of a regular program of inspections or

that conditions and circumstances, which shall be specified in the affidavit, exist which

provide a reasonable basis for believing that a nuisance, unhealthy or unsanitary

condition or violation of any provisions of this chapter exists on the premises. If the

Magistrate is satisfied as to the matters set forth in the affidavit, he shall authorize the

issuance of a search warrant permitting access to and inspection of the premises.

365

9-82

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

& 3-95

EAST BRUNSWICK CODE

& 3-95

Abatement of nuisances.

(1) Notice to abate nuisance. W henever anything declared by this chapter to be a

nuisance or any unsanitary or unhealthy condition is found on any premises within

the Township of East Brunswick, notice as provided for in Subsection C(4) shall be

given to the owner or person in control of the premises to remove or abate it within

the time specified.

(2) Abatement by Director of the Department of Health, Environment and W elfare. In

the event of an emergency or in the event that the owner or person in control of the

premises fails to comply with the notice within the time specified, or otherwise fails

to remove or abate the nuisance or condition, the Director of the Department of

Health, Environment and W elfare or his agents or employees shall proceed to abate

the nuisance or condition or may cause it to be rem oved or abated in a summary

manner by such means as he shall deem proper.

(Continued on page 367)

366

9-82

& 3-95

ADMINISTRATION OF GOVERNMENT

& 3-95

(3)

Recovery of costs.

(a)

W henever any cost or expense is incurred by the Township of East Brunswick

as a result of the Director of the Department of Health, Environment and

W elfare, his agents or employees abating or removing or causing to be abated

or removed any nuisance or unsanitary or unhealthy condition, such costs and

expenses may be recovered in the following manner:

[1] In all cases where practical and permitted by law, such costs shall be

certified to the Division of Revenue and shall be a part of the taxes next

assessed upon the premises upon which the nuisance or unsanitary or

unhealthy condition was located.

[2] W here the township is not permitted by law or it is impractical to proceed

under Subsection C(3)(a)[1], the cost or expense shall be recovered by an

action at law in any court of competent jurisdiction, which action shall be

instituted by the Director of the Department of Health, Environment and

W elfare in the name of the township.

(b)

Regardless of how costs are actually recovered they shall be in addition to and

shall not affect the imposition of any penalties for the violation of this chapter.

(4)

Manner of giving notice. W here the owner resides in the township or in the case of

a tenant, written notice shall be served by delivering a copy to him personally; or by

leaving a copy thereof at his dwelling house or usual place of abode with some

competent member of his family of the age of fourteen (14) years or over then

residing therein; or by delivering a copy thereof to a person authorized by

appointment or by law to receive service of process on his behalf. W here the owner

resides outside the township or where the resident owner cannot be served as set

forth above, written notice shall be mailed to the owner by certified mail at his last

known address as shown on the tax records of the township, and a copy of the notice

shall be posted in a conspicuous place on the premises. W here the violation is

against a tenant and he cannot be served as set forth above, it shall be sufficient to

post a copy of the notice in a conspicuous place on the demised premises.

Notwithstanding the provisions for written notice set forth above, in the event of an

emergency, the Director of the Department of Health, Environment and W elfare or

his duly authorized agents or employees may give such oral and/or limited notice as

circumstances may permit. "Emergency" shall mean any condition which, in the

opinion of the Director of the Department of Health, Environment and W elfare,

constitutes an immediate danger to the health, safety or welfare of the general public

or any inhabitant of the township.

D. Power to make rules and regulations. The Director of the Department of Health, Environment

and W elfare may make rules and regulations which interpret or amplify any provision of this

section or for the purpose of making the provisions of this section m ore effective. No

regulation, however, shall be inconsistent with or alter or amend any provision of this section,

and no regulation shall impose any requirement which is in addition to or greater than the

requirements that are expressly or by implication imposed by any provision of this section.

367

6-86

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