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Executive Summary
The text is a compilation of codified ordinances for the Borough of Butler, New Jersey. It covers a wide array of municipal regulations, including administrative legislation, general legislation, and board of health legislation. The document includes detailed information on various departments, committees, and positions within the Borough government, as well as regulations pertaining to public health, safety, traffic, land use, and other aspects of community life.
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Document Text
--- Document: Butler Borough Code Document ---
OFFICIALS OF THE
BOROUGH OF BUTLER
Borough Hall
1 Ace Road
Butler, New Jersey 07405
Telephone: (973) 838-7200
Fax: (973) 838-3762
www.butlerborough.com
————
2015
————
ROBERT ALVIENE
Mayor
Borough Council
ROBERT FOX
SEAN MCNEAR
ROBERT MEIER
STEPHEN REGIS
EDWIN VATH
RAYMOND VERDONIK
BRANDI GRECO
JAMES LAMPMANN
Borough Clerk
Borough Administrator
TABLE OF CONTENTS
Tools for Finding Information − In addition to the municipality’s legislation, this publication
contains tools to help locate information: table of contents, index, chapter outlines (schemes), and
a disposition list.
Chapters − Chapters are generally discrete pieces of legislation but can also be made up of
several individual pieces on a related topic. In that case, the individual pieces are arranged into
articles or parts within the chapter. If you are familiar with a former number or title, look for
it chronologically in the disposition list.
Reserved Chapters − In the numbering of chapters, space has been provided for the convenient
insertion, alphabetically, of later enactments. Help in selecting an appropriate number for a new
chapter is available from the editor. See also the “Instructions for Amending the Code” in the
Preface.
Section Numbering − A chapter-related section-numbering system is employed. Each section of
every item of legislation is assigned a number, which indicates both the number of the chapter in
which the item of legislation is located and the location of the section within that chapter. Thus,
the fourth section of Chapter 6 is § 6-4.
Scheme − The scheme is the list of section titles that precedes the text of each chapter. These
titles are carefully written so that, taken together, they may be considered as a summary of the
content of the chapter. Taken separately, each describes the content of a particular section. For
ease and precision of reference, the scheme titles are repeated as section headings in the text.
Page Numbers − A unique page-numbering system has been used in which each chapter forms
an autonomous unit. The first page of each chapter is the number of that chapter followed by a
colon and the numeral “1.” Thus, Chapter 6 begins on page 6:1. By the use of this system, it is
possible to add or to change pages in any chapter, or add new chapters, without affecting the
sequence of subsequent pages.
v
BUTLER CODE
TABLE OF CONTENTS
PART I: ADMINISTRATIVE LEGISLATION
1.
General Provisions ................................................................... 1:1
4.
Administration of Government ................................................ 4:1
5.
Alternative Energy………………................................................ 5:1
6.
Americans With Disabilities Act Compliance Committee....... 6:1
7.
Reserved ……………………………………………………...7:1
9.
Boards, Agencies and Commissions ........................................ 9:1
10.
Cashier, Supervising............................................................... 10:1
12.
Claims..................................................................................... 12:1
16.
Court, Municipal..................................................................... 16:1
18. Economic Development Committee (REPEALED)…...….. 18.1
20.
Finance Department ............................................................... 20:1
21.
Fire Department...................................................................... 21:1
25.
Health, Board of ..................................................................... 25:1
30.
Library .................................................................................... 30:1
33.
Museum and Historical Committee........................................ 33:1
36.
Officers and Employees ......................................................... 36:1
40.
Police Department .................................................................. 40:1
42.
Public Works, Department of ................................................. 42:1
43.
Building Construction and Code Enforcement,
Department of......................................................................... 43:1
44.
Recreation Commissioners, Board of..................................... 44:1
47.
Salaries and Compensation .................................................... 47:1
49.
Senior Radio Dispatcher......................................................... 49:1
vi
BUTLER CODE
50.
Sewerage Authority ................................................................ 50:1
55.
Special Law Enforcement Officers ........................................ 55:1
56.
Butler Alliance Commission................................................... 56:1
58.
Water Utility........................................................................... 58:1
60.
Emergency Management........................................................ 60:1
PART II: GENERAL LEGISLATION
67.
Alcoholic Beverages............................................................... 67:1
68. Cannabis................................................................................. 68:1
69.
Amusements ........................................................................... 69:1
72.
Animals .................................................................................. 72:1
73.
Filming .................................................................................. 73:1
77.
Clothing Bins…….................................................................. 77:1
78.
Fertilizer …………................................................................. 78:1
79.
Bicycles, Motorized ............................................................... 79:1
82.
Bingo and Raffles ................................................................... 82:1
85.
Borough Officials, Interference With..................................... 85:1
86.
Borough Facilities/Group Use Permits................................... 86:1
89.
Buildings, Numbering of......................................................... 89:1
91.
Canvassers, Solicitors and Peddlers ....................................... 91:1
93.
Cats.......................................................................................... 93:1
101.
Construction Codes, Uniform................................................ 101:1
101A. Curfew, Juvenile................................................................101A:1
102.
Display of Sexually Explicit Materials................................. 102:1
105.
Dealers in Precious Metals, Gems and Secondhand Goods. 105:1
108.
Dogs ..................................................................................... 108:1
ii
BUTLER CODE
110.
Drugs .................................................................................... 110:1
112.
Electric Service..................................................................... 112:1
114.
Emergency Fuel Oil Delivery............................................... 114:1
117.
Explosives ............................................................................ 117:1
119.
Fees....................................................................................... 119:1
120.
Firearms................................................................................ 120:1
122.
Fire Prevention ..................................................................... 122:1
124.
Flood Damage Prevention .................................................... 124:1
129.
Garbage, Refuse and Recyclables ........................................ 129:1
130.
Containerized Yard Waste.................................................... 130:1
133.
Hazardous Materials............................................................. 133:1
136.
Housing Standards................................................................ 136:1
139.
Insurance .............................................................................. 139:1
143.
Land Use .............................................................................. 143:1
145. Lead-Based Paint Inspection Residential Rental Dwellings 145:1
150.
Licensing .............................................................................. 150:1
153.
Littering................................................................................ 153:1
158.
Newsracks ............................................................................ 158:1
160
Noise..................................................................................... 160:1
165.
Outdoor Markets .................................................................. 165:1
168.
Parks and Recreation Areas.................................................. 168:1
172.
Peace and Good Order.......................................................... 172:1
173. Police Escort Service …………………………………….. 173.1
174.
Pool and Billiards.................................................................. 174:1
180.
Property Maintenance .......................................................... 180:1
viii
BUTLER CODE
181.
Vacant and Abandoned Residential Properties …............... 181:1
182.
Rental or Lease of Residential Property ............................... 182:1
184.
Sales, Special........................................................................ 184:1
187.
School Exercises, Disturbance of......................................... 187:1
191.
Sewers .................................................................................. 191:1
192.
Illicit Connection to Stormwater System.............................. 192:1
193.
Improper Disposal of Waste in Municipal Storm Sewer
System .................................................................................. 193:1
194.
Skates and Skating ............................................................... 194:1
196.
Snow Removal ..................................................................... 196:1
199.
Private Storm Drain Inlet Retrofitting ………………….... 199:1
200.
Privately Owned Salt Storage ……………………………..200.1
202.
Streets and Sidewalks........................................................... 202:1
207.
Swimming Pools .................................................................. 207:1
210.
Taxation................................................................................ 210:1
213.
Taxicabs and Limousines......................................................... 213:1
216.
Towing and Storage of Vehicles .......................................... 216:1
220.
Tree Removal and Replacement.......................................... 220:1
222.
Vandalism of Public Property….......................................... 222:1
223.
Vegetation ............................................................................ 223:1
225.
Vehicles and Traffic ............................................................. 225:1
230.
Violations and Penalties ....................................................... 230:1
234.
Water .................................................................................... 234:1
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BUTLER CODE
PART III: BOARD OF HEALTH LEGISLATION
240. General Provisions, Board of Health.................................. 240:1
247.
Food Establishments, Retail ................................................. 247:1
254.
Nuisances, Public Health...................................................... 254:1
255.
Personal Health Program...................................................... 255:1
256.
Recreational Bathing, Public ................................................ 256:1
257.
Sanitation.............................................................................. 257:1
258. Sewage Disposal Systems, Individual ........................... ...... 260:1
263.
Tattoo Parlors........................................................................ 263:1
264.
Tobacco, Sale of ................................................................... 264:1
266.
Massage, Bodywork and Somatic Therapy Establishments 266:1
APPENDIX
A265. Cable Television Franchise ................................................A265:1
DISPOSITION LIST
INDEX
x
PART I
ADMINISTRATIVE
LEGISLATION
Chapter 1
GENERAL PROVISIONS
ARTICLE I
Definitions and Word Usage
§ 1-1. Definitions.
§ 1-2. Word usage.
ARTICLE II
Adoption of Code by Mayor and Council
§ 1-3. Adoption of Code.
§ 1-4. Code supersedes prior ordinances.
§ 1-5. When effective.
§ 1-6. Inclusion of ordinance in Code.
§ 1-7. Copy of Code on file.
§ 1-8. Amendments to Code.
§ 1-9. Publication; filing.
§ 1-10. Code book to be kept up-to-date.
§ 1-11. Sale of Code book.
§ 1-12. Altering or tampering with Code; penalties for violation.
§ 1-13. Severability of Code provisions.
§ 1-14. Severability of ordinance provisions.
§ 1-15. Repeal of ordinances.
§ 1-16. Ordinances saved from repeal.
§ 1-17. Changes in previously adopted ordinances.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Definitions and Word Usage
[Adopted as Ch. I of the Revised General Ordinances of 1976]
§ 1-1. Definitions.
For the purpose of this Code, and in the interpretation and application of all other ordinances
heretofore or hereafter adopted, except as the context may otherwise require, the following terms
shall have the meanings indicated:
BOROUGH — The Borough of Butler in the County of Morris and State of New Jersey.
BOROUGH COUNCIL or COUNCIL — The Mayor and Councilmen of the Borough. CLERK or
BOROUGH CLERK — The Municipal Clerk duly appointed pursuant to law.
DEPARTMENT — An organizational unit of the Borough government established or designated by
ordinance or this Code as a department, together with any agency or instrumentality of the Borough
government assigned to the organizational unit by the Borough Council.
LICENSED — Licensed in accordance with the appropriate section or chapter of this Code.
MONTH — A calendar month unless otherwise specifically provided.
1:1
§ 1-1 GENERAL PROVISIONS
§ 1-2
ORDINANCE — Any of local legislation heretofore or hereafter adopted, and including this
Code, so long as it shall have been adopted by the procedure required for the adoption of an
ordinance and so long as it shall remain in force and effect pursuant to law.
PERSON — Any individual, natural persons, partnerships, joint ventures, societies, associations,
clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees,
servants, factors or any kind of personal representatives of any thereof in any capacity, acting
either for himself or for any other person, under either personal appointment or pursuant to
law.
STREET — Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal
parking field used by the general public.
YEAR — A calendar year unless otherwise specifically provided.
§ 1-2. Word usage.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the
context may otherwise require:
A. The present tense includes the past and future tenses, and the future, the present; the masculine
gender includes the feminine and neuter; the singular number includes the plural, and the
plural, the singular; "shall" is mandatory and "may" is permissive.
B. The time within which an act is to be done shall be computed by excluding the first and
including the last day; and, if the last day is a Sunday, a legal holiday, or a day on which the
offices of the Borough are closed, that day shall be excluded.
C. "Writing" and "written" shall include printing, typewriting and any other mode of
communication using paper or similar material which is in general use, as well as legible
handwriting.
D. Whenever a specific time is used in this Code, it shall mean the prevailing and established time
in effect in the State of New Jersey during any day in any year.
E. "Chapter" shall mean one of the major divisions of the Code identified by an Arabic
number and divided by subject matter.
F.
"Section" shall mean a major division of a chapter.
G. "Subsection" shall mean a division of a section, identified by letters and numbers.
H. "Used" shall include "designed, intended, or arranged to be used."
1:2
§ 1-3
GENERAL PROVISIONS
§ 1-8
ARTICLE II
Adoption of Code by Mayor and Council
[Adopted 6-7-1982 by Ord. No. 82-5]
§ 1-3. Adoption of Code.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Butler of a general and permanent
nature adopted by the Mayor and Council of the Borough of Butler, as revised, codified and
consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through 235, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of
Butler," hereinafter known and referred to as the "Code."
§ 1-4. Code supersedes prior ordinances.
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior
to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal
or continued in force and effect hereinafter.
§ 1-5. When effective.
This ordinance shall take effect immediately upon passage and publication according to law.
§ 1-6. Inclusion of ordinance in Code.
This ordinance shall, upon adoption, be included in the Code as Chapter 1, General
Provisions, Article II, Adoption of Code by Mayor and Council.
§ 1-7. Copy of Code on file.
A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall
remain there for use and examination by the public until final action is taken on this ordinance; and,
if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of
Butler by impressing thereon the Seal of the Borough as provided by law, and such certified copy
shall remain on file in the office of the Clerk of the Borough, to be made available to persons
desiring to examine same during all times while the said Code is in effect.
§ 1-8. Amendments to Code.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such
form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the Borough of Butler" shall
be understood and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Code shall be adopted, they shall thereafter be
printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as
amendments and supplements thereto.
1:3
§ 1-9 GENERAL PROVISIONS
§ 1-13
§ 1-9. Publication; filing.
The Clerk of the Borough of Butler, pursuant to law, shall cause to be published, in the
manner required, a copy of this adopting ordinance in a newspaper of general circulation in the
Borough. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection
by the public at all times during regular office hours. The enactment and publication of this
adopting ordinance, coupled with the availability of copies of the Code for inspection by the public,
shall be deemed, held and considered to be due and legal publication of all provisions of the Code
for all purposes.
§ 1-10. Code book to be kept up-to-date.
It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-
to-date the certified copy of the book containing the Code required to be filed in the office of the
Clerk for use by the public. All changes in said Code and all ordinances adopted subsequent to the
effective date of this codification which shall be adopted specifically as part of the Code shall,
when finally adopted, be included therein by reference until such changes or new ordinances are
printed as supplements to said Code book, at which time such supplements shall be inserted
therein.
§ 1-11. Sale of Code book.
Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of
a fee to be set by resolution of the Mayor and Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
§ 1-12. Altering or tampering with Code; penalties for violation. [Amended 4-18-2006 by
Ord. No. 2006-7]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or
portion of the Code or to alter or tamper with such Code in any manner whatsoever which will
cause the law of the Borough of Butler to be misrepresented thereby. Anyone violating this section
or part of this ordinance shall be subject, upon conviction, to such penalties as are provided for
in Chapter 230, Violations and Penalties, of the Code of the Borough of Butler.
§ 1-13. Severability of Code provisions.
Each section of the Code and every part of each section is an independent section or part of a section,
and the holding of any section or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts
thereof.
1:4
§ 1-14 GENERAL PROVISIONS § 1-16
§ 1-14. Severability of ordinance provisions.
Each section of this ordinance is an independent section, and the holding of any section or part
thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
§ 1-15. Repeal of ordinances.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on
the date of the adoption of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter provided.
§ 1-16. Ordinances saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this
ordinance shall not effect the following ordinances, rights and obligations, which are hereby
expressly saved from repeal.
A.
Any ordinance adopted subsequent to May 4, 1981.
B.
Any right or liability established, accrued or incurred under any legislative provision prior
to the effective date of this ordinance, or any action or proceeding brought for the enforcement
of such right or liability.
C.
Any offense or act committed or done before the effective date of this ordinance in
violation of any legislative provision, or any penalty, punishment or forfeiture which may result
therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending, or any judgment
rendered, prior to the effective date of this ordinance, brought pursuant to any legislative
provision.
E.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening, relocating,
straightening, establishing of grade, changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park or other public place, or any portion
thereof.
G.
Any ordinance or resolution appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and delivery of any bond or
other instruments or evidence of the Borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful
contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
1:5
§ 1-16
GENERAL PROVISIONS
§ 1-17
J. All currently effective ordinances pertaining to the rate and manner of payment of salaries
and compensation of officers and employees of the Borough of Butler.
K.
All ordinances of the Borough providing for the preparation and use of maps.
L.
All ordinances of the Borough establishing personnel policies or regulating Borough employees.
§ 1-17. Changes in previously adopted ordinances.
A.
In compiling and preparing the ordinances for adoption and revision as part of the Code
pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made
in one or more of said ordinances. It is the intention of the Mayor and Council that all such
changes be adopted as part of the Code as if the ordinances so changed had been previously
formally amended to read as such.
B.
In addition, the following changes, amendments or revisions are made herewith, to
become effective upon the effective date of this ordinance. (Chapter and section number
references are to the ordinances as they have been renumbered and appear in the Code.)1
1.
Editor's Note: Pursuant to § 1-17B, the following sections were added or amended at time of adoption of Code. A
complete description of each change is on file in the office of the Borough Clerk.
A. Sections added or amended: §§ 4-3D, 93-2B, 136-3, 143-5, 143-16, 143-26, 143-39, 143-52, 207-4, 207-5, 207-6 and
223-1.
B. Penalty sections amended: §§ 65-9, 67-7, 67-12, 69-7, 79-4, 82-3, 85-2, 93-10, 101-5, 117-3, 122-7, 136-4, 150-16,
153-19, 155-7, 160-5, 168-4, 171-12, 174-12, 184-7, 184-14, 187-2, 191-32A and B, 196-5, 199-8, 202-3, 207-7, 213-10A
and B, 218-4, 223-6 and 234-9B(2) and (3).
C. Former provisions repealed: Sections 2-2.2, 2-4, 2-5, 2-10, 2-14, 2-18 and 2-19 of Chapter II of the Revised General
Ordinances.
1:6
Chapter 4
ADMINISTRATION OF GOVERNMENT
§ 4-1. Title.
§ 4-2. Borough Council.
§ 4-3. Meetings.
§ 4-4. Mayor.
§ 4-5. President of the Council.
§ 4-6. Committees.
§ 4-7. Duties of standing committees.
§ 4-8. Borough Clerk.
§ 4-8.1. Borough Deputy Clerk.
§ 4-9. Municipal Administrator.
§ 4-10. Administrative Analyst.
§ 4-11. Borough Attorney.
§ 4-12. Borough Engineer.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as part of Ch.
II of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Salaries and compensation — See Ch. 47.
§ 4-1. Title.
This chapter shall be known and may be cited as the "Administrative Code of the Borough of
Butler" and is herein referred to as the "code."
§ 4-2. Borough Council. [Amended 5-9-1989 by Ord. No. 13-89]
A. Organization. The Council shall consist of six Councilmen elected at large in the
Borough, all of whom shall be elected and take office in the manner provided by law.
The term of office of the Councilmen shall commence on January 1 next following their
election.
B. Powers of Council.
(1)
The Council shall be the legislative body of the municipality.
(2)
The Council may, subject to general law:
(a) Pass, adopt, amend and repeal any ordinance or, where permitted, any
resolution for any purpose required for the government of the municipality or for
the accomplishment of any public purpose for which the municipality is
authorized to act under general law.
(b) Control and regulate the finances of the municipality and raise money by
borrowing or taxation.
4:1
§ 4-2
(c)
ADMINISTRATION OF GOVERNMENT
§ 4-3
Create such offices and positions as it may deem necessary. The officers
appointed thereto shall perform the duties required by law and the ordinance
of the Council. Officers shall serve at the pleasure of the Council, except as
otherwise provided by law. [Amended 12-11-1990 by Ord. No. 1990-27]
(d) Investigate any activity of the municipality.
(e)
Remove any officer of the municipality, other than those officers excepted by
law, for cause.
(f)
Override a veto of the Mayor by a 2/3 majority of all the members of the
Council.
(3) The Council shall have all the executive responsibilities in the municipality not
placed, by general law or this act, in the office of the Mayor.
(4) The Council, whenever it fails to confirm the nomination by the Mayor of any
official to a subordinate office of the Borough within 30 days of being presented
such nomination, shall make the appointment to that office, provided that at least
three affirmative votes shall be required for such purpose, the Mayor to have no
vote thereon, except in the case of a tie.1
§ 4-3. Meetings. [Amended 5-9-1989 by Ord. No. 13-89]
A. Annual meeting. The Mayor and Council shall hold an annual meeting on the first day of
January at 12:00 noon or during the first seven days of January in any year. The Council
has the right to fix the time for the annual meeting at any other time permitted by law if
it so desires.
B. Regular meetings. At the annual meeting, the Council shall fix the time and place for
holding regular meetings during the ensuing year, which time and place may not be changed,
except by a resolution duly adopted at a regular meeting.
C. Election of President of the Council. At its annual meeting, the Council shall, by the vote
of a majority of its number, elect a President of the Council, who shall preside at all its
meetings when the Mayor does not preside. The President of the Council shall hold
office for one year and until the next annual meeting. He shall have the right to debate
and vote on all questions before Council. If the Council fails to elect a President at the
annual meeting, the Mayor shall appoint the President from the Council and, in that case,
no confirmation by the Council shall be necessary.
D. Standing committees. The Council may, at its annual meeting, establish for its members
such committees of the Council as will assist it for the ensuing year. [Added 6-7-1982
by Ord. No. 82-5]
E.
Special meetings. The Mayor shall, when necessary, call special meetings of the Council.
In case of his neglect or refusal, any four members of the Council may call such meeting
1. Editor's Note: Original Subsection 2-2.2, Vacancies, which immediately followed hereafter, was deleted 6-7-1982 by
Ord. No. 82-5.
4:2
§ 4-3
ADMINISTRATION OF GOVERNMENT
§ 4-3
at such time and place in the Borough as they may designate, and in all cases of special
meetings, notice shall be given to all the members of the Council or left at their place of
residence. The Council shall hold such other meetings at such time and place as it may
by resolution direct, but all regular meetings shall be held within the Borough.
F.
Quorum. Three Councilmen and the Mayor or, in the absence of the Mayor, four
Councilmen shall constitute a quorum for transacting business.
G. Order of business. The following order of business shall be observed at any regular or
special meeting:
(1) Roll call.
(2) Approval of minutes.
(3)
Greeting of public and invitation for discussion.
(4)
Presentation of correspondence, petitions.
(5) Advertised hearings.
(6) Introduction of ordinances.
(7)
Second and third readings and final disposition of ordinances.
(8)
Resolutions (consent agenda).
(9)
Unfinished business.
(10) New business.
(11) Reports of committees and department heads.
(12) Approval of vouchers and payrolls.
(13) Adjournment.
H. Voting.
(1) Action by majority vote. All action of the Council shall be by a majority vote of
those present, except as otherwise required by statute or specifically provided in
this chapter.
(2) Roll call vote. A roll call vote shall be taken and the yeas and nays entered in the
minutes of the meeting when ordered by the Mayor or upon demand of one
member of the Council or when directed by statute.
I.
Consent agenda.
(1) The agenda for each regular Council meeting shall contain a section entitled
"consent agenda." The consent agenda shall consist of all resolutions and
applications not necessary to be read in their entirety at the regular Council
meeting, as determined by the Borough Clerk and the Municipal Administrator.
4:3
§ 4-3 ADMINISTRATION OF GOVERNMENT
§ 4-4
(2) Items that appear on the consent agenda shall be included in one resolution entitled
"resolution authorizing passage of consent agenda." The resolution shall contain
the title of all of the resolutions and applications to be considered at the regular Council
meeting. It shall only be necessary for the Council to vote on the resolution
authorizing the passage of the consent agenda. Any individual member of the
Council may, on request, remove any item from the consent agenda and request
that it be voted upon separately by the Council.
(3)
All resolutions adopted as part of the consent agenda shall be filed with the
Borough Clerk and entered in the minutes.
J.
Rules of order. The deliberations of the Council shall be governed by Robert's Rules of
Order.2
§ 4-4. Mayor. [Amended 5-9-1989 by Ord. No. 13-89]
A. Presiding officer. The Mayor shall preside at meetings of the Council and may vote to
break a tie. The Mayor shall be the head of the municipal government and shall have all those
owners designated by general law.
B. Appointments. The Mayor shall nominate and with the advice and consent of Council, appoint
all subordinate officers of the Borough unless the specific terms of the general law clearly
require a different appointment procedure. He shall make his nomination to any such
office within 30 days of that office becoming vacant. If the Mayor fails to nominate within
said 30 days or the Council fails to confirm any nomination made by the Mayor, then after
the expiration of said 30 days the Council shall appoint. No appointment of any
subordinate officer of the Borough shall be confirmed except by a vote of a majority of
the members present at the meeting, provided that at least three affirmative votes shall be
required for such purpose, the Mayor voting only in case of a tie.
C. Duties.
(1) Enforcement. The Mayor shall see to it that the laws of the state and the
ordinances of the Borough are faithfully executed. He shall recommend to the
Council such measures as he may deem necessary or expedient for the welfare of
the Borough. He shall maintain peace and good order and have the power to
suppress all riots and tumultuous assemblies in the Borough.
(2) Maintenance of order and decorum. The Mayor shall at all times maintain the
strictest order and proper decorum and shall cause the removal of any person or
persons who shall interrupt the orderly proceedings of the Council.
(a) Recognition. When two or more Councilmen shall rise simultaneously, the
Mayor shall designate the one entitled to the floor, and he alone shall be
recognized.
2. Editor's Note: Original Sections 2-4, Committees, and 2-5, Duties of Standing Committees, which immediately
followed hereafter, were deleted 6-7-1982 by Ord. No. 82-5.
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§ 4-4
ADMINISTRATION OF GOVERNMENT
§ 4-5
(b) Question of order. The Mayor shall decide all questions of order, without
debate, subject to an appeal to the Council, and he may call upon the Council for
its opinion concerning any question of order.
(3) Ex officio member of committees. The Mayor shall be an ex officio member of all
committees, both standing and special, and shall be informed in advance of all
meetings of such committees.
(4) Liaison duties. The Mayor shall serve as liaison between the Borough Council and
all boards, agencies, committees or organizations, except where liaison duties are
hereafter assigned to a specific council committee; the Mayor shall serve as liaison
between the Borough Council and the trustees of the Butler Library Association.
(5)
Approval of ordinances; veto.
(a) Every ordinance adopted by the Council shall, within five days after its
passage, Sundays excepted, be presented to the Mayor by the Borough Clerk.
The Mayor shall, within 10 days after receiving the ordinance, Sundays excepted,
either approve the ordinance by affixing his signature thereto or return it to
the Council by delivering it to the Clerk, together with a statement setting forth
his objections thereto of any item or part thereof. No ordinance or any item
or part thereof shall take effect without the Mayor's approval, unless the
Mayor fails to return the ordinance to the Council, as prescribed above, or unless
the Council, upon consideration of the ordinance following its return, shall, by
a vote of 2/3 of all the members of the Council, resolve to override the veto.
(b) No ordinance shall be passed except by a vote of a majority of the members
of the Council present at the meeting, provided that at least three affirmative
votes shall be required for such purpose, the Mayor voting only in the case of
a tie.
(c) If any ordinance contains more than one distinct section, clause or item, the
Mayor may approve one or more thereof and veto the rest.
§ 4-5. President of the Council. [Added 5-9-1989 by Ord. No. 13-893 ]
A. Duties. The President of the Council shall perform all the duties of the Mayor during any
period in which the Mayor is absent from the Borough for three days or more or is
unable to perform the duties of his office. Where such absence is intended, the President
of the Council shall become the Acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the Acting Mayor, then the member of
Council with the longest term of service may act temporarily for the President of the Council.
3. Editor's Note: This ordinance also provided for the numbering of former §§ 4-5 through 4-9 as §§ 4-8 through 4-12,
respectively.
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§ 4-5 ADMINISTRATION OF GOVERNMENT
§ 4-6
B. Meetings. In the absence of the Mayor, the President of the Council shall preside at any
meeting of the Council.
§ 4-6. Committees. [Added 5-9-1989 by Ord. No. 13-89; 2-17-1998 by Ord. No. 1998-2]
A. Appointment. The Council shall appoint all members of the standing committees by
majority vote.
B. Standing committees. [Amended 2-19-2002 by Ord. No. 2002-4]
(1) At the reorganization meeting, standing committees of the Council, consisting of
three Council members each, shall be appointed as follows:
(a) Finance, Ordinance and Recreation Committee.
(b) Public Safety Committee.
(c) Water and Wastewater Committee.
(d) Electric Light and Public Lighting Committee.
(e) Roads and Buildings/Grounds Committee.
(f)
Health, Sanitation and Community Development Committee.
(2) Membership. Each Councilman shall be chairman of one of the standing
committees and shall be a member of at least two other standing committees.
(3) Purpose; powers; duties. The purpose of standing committees is to serve as a
liaison between the Council and the respective departments of the municipality and
be responsible for making policy recommendations to the Council and the
Municipal Administrator concerning municipal departments. The standing
committee is to expedite and facilitate the work of the Council, but not to interfere
with the responsibilities of the Administrator in the general administration of the
municipality.
C. Special committees. Special committees may be appointed by the Council for purposes
not included in the duties of the standing committees.
D. Appointment of Chairman; committee assignments. The Council shall designate one of
the appointees as Chairman and shall designate a Vice Chairman to be the successor in
case of death, absence, resignation or removal of the Chairman.
E. Reports. The Chairman of each standing and special committee shall be prepared to
report to the Mayor and Council at each regular meeting on the principal activities and
achievements of his committee.
F. Meetings. Meeting of a committee shall be subject to requirements of the Open Public
Meetings Act, if applicable. At least two members of the committee must be present to
constitute a quorum.
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§ 4-7
ADMINISTRATION OF GOVERNMENT
§ 4-7
§ 4-7. Duties of standing committees.
[Added 5-9-1989 by Ord. No. 13-89; amended
2-17-1998 by Ord. No. 1998-2]
A. Finance, Ordinance and Recreation Committee.
(1)
The Finance, Ordinance and Recreation Committee shall be responsible for:
(a) The presentation of a resolution to the Council at its regular meeting
approving vouchers for payment.
(b) The approval by the Chairman of payrolls and the presentation of a resolution
at the regular meeting for their payment.
(2) The Chairman of this Committee shall also serve as liaison between the Council
and the Board of Education.
(3)
Review of ordinances for recommendations to the Council.
(4) The Chairman of the Committee shall also act as the liaison between the Council
and the Recreation Commission.
B. Public Safety Committee. The Public Safety Committee shall be responsible for:
(1)
Acting as liaison between the Council and the Police Department.
(2)
Acting as liaison between the Council and the Fire Department.
(3) Review and make recommendations with regard to capital expenditures for all
departments for which the Committee serves as liaison.
C. Water and Wastewater Committee. The Water and Wastewater Committee shall
be responsible for the following:
(1)
Acting as liaison between the Council and the operations of the Water Division.
(2) Review and make recommendations concerning the property and reservoir in connection
with the operation of the Water Division.
(3) Review and make recommendations to the Council with regard to water rates and
all capital expenditures.
(4) Acting as liaison between the Council and the representatives of the municipality
serving as members of the Pequannock River Basin Regional Sewage Authority.
(5) Acting as liaison between the Council and Sewer Division operation and sewer
plant properties of the municipality.
(6) Review and make recommendations to the Council for all Sewer Division
operations, such as capital expenditures, sewerage transmission, hookup and
connections and sewer rates.
D. Electric Light and Public Lighting Committee. The Electric Lighting and Public Lighting
Committee shall be responsible for:
4:7
§ 4-7 ADMINISTRATION OF GOVERNMENT
§ 4-8
(1)
Acting as liaison between the Council and the various municipalities served by the
division.
(2)
Acting as liaison between the Council and the various division companies
operating within the Borough relating to electricity.
(3)
Acting as liaison between the Council and the operations of the Electric Division.
(4)
Review and make recommendations to the Council with regard to electric rates and
all capital expenditures.
E. Roads and Buildings/Grounds Committee. The Roads and Buildings/Grounds Committee
shall be responsible for the following: [Amended 6-19-2007 by Ord. No. 2007-15]
(1)
Acting as liaison between the Council, the Borough Engineer and Public Works
Superintendent.
(2)
Review and make recommendations to the Council with regard to municipal roads
and the maintenance and improvement of all public buildings and grounds.
F. Health, Sanitation and Community Development Committee. The Health, Sanitation and
Community Development Committee shall have responsibility for the following: [Amended
6-19-2007 by Ord. No. 2007-15]
(1)
Acting as liaison between the Council and the Board of Health.
(2)
Review and make recommendations to the Council with regard to garbage and
refuse collection and recycling.
(3)
The pursuit and promotion of community growth.
(4)
Patriotic or other celebrations financed wholly or in part by public funds.
§ 4-8. Borough Clerk.
A. Appointment. There shall be a Clerk of the Borough of Butler appointed by the Mayor
with the advice and consent of the Council for a term of three years. The term shall run from
January 1 of the year in which he is appointed. Prior to his appointment, the Borough Clerk
shall be qualified by training and experience to perform the duties of his office. [Amended
4-21-1987 by Ord. No. 4-87]
B. Clerk of Council and committees. The Borough Clerk shall serve as Clerk of the Council and
as secretary of any special legislative committees of the Council. He shall attend all meetings
of the Council and of such committees when required by the Chairman and shall keep
the minutes of the meetings of the Council and of such committees. The minutes of each
meeting of the Council shall be signed by the officer presiding at the meeting and by the
Clerk.
C. Ordinances and resolutions.
(1)
The Clerk shall record all ordinances in books to be provided for that purpose.
After each ordinance, he shall also record and certify the proof of publication
4:8
§ 4-8
ADMINISTRATION OF GOVERNMENT
§ 4-8
thereof as required by law. Each ordinance so recorded shall be signed by the
Mayor and the Clerk, who shall attest that it was duly adopted upon a date stated,
and, when so signed, the recorded copy shall be deemed to be a public record of
the ordinance. Any omission by the Clerk or the Mayor to record, sign or certify as
herein required shall not impair or affect the validity of any ordinance which has
been duly adopted.
(2) At the close of each year, the Clerk, with the advice and assistance of the Borough
Attorney, shall bind, compile or codify all the ordinances, or true copies thereof, which
then remain in force and effect. He shall also properly index the record books,
compilation or codification of ordinances.
D. Custodian of records. The Clerk shall have custody of and shall safely keep all records,
books and documents of the Borough, except those committed by ordinance to any other
office or transferred thereto by the Mayor and Council. He shall, upon request and upon
the payment of the fees prescribed therefor by resolution of the Council for the use of the
Borough, furnish a certified copy of any such paper in his custody under the Corporate
Seal of the Borough.
E.
Corporate Seal.
(1) Use of Seal. The Clerk shall cause the Corporate Seal of the Borough to be affixed
to instruments and writings when authorized by ordinance or resolution of the
Council or when necessary to exemplify any document on record in his office, or
to certify any act or paper which from the records in his office shall appear to have
been a public act of the Borough or a public document. He shall not affix the seal
or cause or permit it to be affixed to any other instrument, writing or other paper
unless required by law or ordinance.
(2) Description of Seal. The Seal of the Borough of Butler shall be circular in form
and shall contain the following: in the center the letter "B" circumscribed by the
wording, "Borough of Butler, Morris Co., N.J., Incorporated March 13, 1901."
F. Insurance; surety bonds; contracts. The Clerk, subject to the supervision of the Mayor
and Council, shall:
(1) Be the depository and custodian of all official surety bonds furnished by or on
account of any officer or employee, except his own bond, which bond shall be
placed in the custody of the Treasurer; of all insurance policies upon or with
respect to risks insured for the benefit of the Borough or to protect it against any
claim, demand or liability whatsoever; and all formal contracts for work, labor,
services, supplies, equipment and materials to which the municipality may be a
party.
(2) Be the depository for and have custody of all performance bonds running to the Borough
as obligee, or any other form of security given by any contractor, subdivision
developer or other persons on account of work done or to be done in or for the
Borough.
(3)
Have custody of all leases of property owned by the Borough.
4:9
§ 4-8 ADMINISTRATION OF GOVERNMENT
§ 4-9
(4) Report to the Borough Council annually, at such time as the Council may require
on the coverage, expiration date and premium of each surety bond and contract of
insurance, the nature and terms of outstanding leases, the rent reserved by each and
their respective expiration dates.
G. Other laws and ordinances. In addition to such other functions, powers and duties as may
be prescribed by ordinance and subject to the supervision and direction of the Mayor and
Borough Council, the Clerk shall:
(1)
Perform all of the functions required of municipal clerks by the General Election
Law (Title 19 of the Revised Statutes) and any other law or ordinance.
(2) Administer the provisions of Borough ordinances with reference to the licensing of
occupations and activities for which licenses are required by law or ordinance to
be obtained from the Clerk.
(3) Have such other, different and additional functions, powers and duties as may be
prescribed by law or ordinance or delegated to him by the Mayor and Borough
Council.
H. Registrar of real property. The Clerk shall maintain a record of all real property which
the Borough may acquire, sell or lease. The records shall be in such form and contain
such information as the Division of Local Finance in the Community Affairs of the State
of New Jersey shall prescribe. It shall be available for inspection in the office of the
Clerk.
§ 4-8.1. Borough Deputy Clerk. [Added 4-21-1987 by Ord. No. 4-87]
A. Appointment. There shall be a Deputy Clerk of the Borough of Butler appointed by the
Mayor with the advice and consent of the Council for a term of three years. The term
shall run from January 1 of the year in which he is appointed. Prior to his appointment,
the Borough Deputy Clerk shall be qualified by training and experience to perform the
duties of his office.
B. Clerk of Council and committees. During the absence or disability of the Borough Clerk,
the Borough Deputy Clerk shall serve as Clerk of the Council and as Secretary of any special
legislative committees of the Council. He shall, during the absence or disability of the
Borough Clerk, have the same duties and responsibilities as enumerated in § 4-8 of this
chapter.
§ 4-9. Municipal Administrator. [Added 2-21-1978 by Ord. No. 78-1]
A. Position created. The position of Municipal Administrator of the Borough of Butler is
hereby created, and the employment of a person to fill such position on a temporary or
permanent basis is hereby authorized.
B. Appointment. The Municipal Administrator shall be appointed by the Mayor with the
advice and consent of the Council. The Mayor shall make such appointment within 30
days after the office becomes vacant. If the Mayor fails to make such appointment within
4:10
§ 4-9
ADMINISTRATION OF GOVERNMENT
§ 4-9
said 30 days, or the Council fails to confirm any appointment made by the Mayor, then
after the expiration of said 30 days, the Council shall appoint said Municipal
Administrator.
C. Once appointed, the Municipal Administrator shall serve at the pleasure of the governing
body except that the Administrator may be removed in accordance with Subsection D below.
[Amended 10-1-1979 by Ord. No. 79-16; 8-21-1984 by Ord. No. 14-84]
D. The Municipal Administrator may be removed by a two-thirds vote of the governing
body. The resolution shall become effective a minimum of three months after its
adoption by the governing body. The governing body may provide that the resolution
shall have immediate effect; provided, however, that the governing body shall cause to
be paid to the Municipal Administrator forthwith any unpaid balance of his salary that
has been earned to the date the resolution was adopted and his salary for the length of
time specified in the resolution adopted causing the removal. [Amended 8-21-1984 by
Ord. No. 14-84]
E.
Vacation. The Municipal Administrator shall be granted an annual leave as follows:
(1)
Up to one year of service, one working days’ vacation for each month of service.
(2)
After one year and up to 10 years of service, 12 working days' vacation.
(3)
After 10 years and up to 20 years of service, 15 working days' vacation.
(4)
After 20 years of service, 20 working days' vacation.
F. Compensation. The Municipal Administrator shall receive as his salary such sums as may
be fixed and adopted by the Salary Ordinance of the Borough of Butler.4
G. Qualifications.
(1) The Municipal Administrator shall be chosen on the basis of executive and
administrative abilities and qualifications, with special regard to the areas of
accounting, finance, education, training and experience in governmental affairs.
(2) The Administrator need not be a resident of the Borough nor shall he be required
to be a resident, provided that he maintains accessibility on evenings and weekends
in order to deal with emergency situations. [Amended 8-21-1984 by Ord. No.
14-84]
H. Powers and duties. The Municipal Administrator shall:
(1) Attend all meetings of the Mayor and Council with the right to take part in
discussions but without the right to vote. [Amended 8-21-1984 by Ord. No.
14-84]
(2) Provide a liaison between the Mayor and Council and the various boards,
commissions and consultants of the Borough of Butler. [Amended 8-21-1984 by
Ord. No. 14-84]
4. Editor's Note: See Ch. 47, Salaries and Compensation.
4:11
§ 4-9 ADMINISTRATION OF GOVERNMENT
§ 4-9
(3) Keep the Mayor and Council currently informed on all matters assigned to him or
otherwise within his jurisdiction.
(4) Supervise and direct the administration of all departments and offices of the
Borough, with all department heads reporting directly to the Administrator. [Amended
8-21-1984 by Ord. No. 14-84]
(5) Make studies and surveys of such municipal problems of the Borough of Butler as
shall be assigned to him from time to time by the Mayor and Council, and prepare and
submit written reports of his findings and determinations to the Mayor and Council for
their consideration and action.
(6) Study continually present and future budgets, purchasing procedures, administrative
procedures and personnel organization and policies, and make such recommendations
to the Mayor and Council relating thereto as he shall deem necessary from time to
time.
(7)
Be responsible for continually improving communications between the various
Borough personnel, departments, agencies, boards, and the Mayor and Council.
(8) See that all terms and conditions imposed in favor of the Borough or its inhabitants
in any statute or contract are faithfully kept and performed, and upon knowledge of
any violation, call the same to the attention of the Borough Council.
(9) Serve as the Personnel Officer of the Borough and as such hire and promote
employees and, when he deems necessary, institute disciplinary action, including
but not limited to suspension, demotion and discharge based upon the recommendation
of the respective department head. It shall be the Administrator's responsibility to
notify 2/3 of the governing body within 24 hours of exercising his power concerning
personnel. [Amended 8-21-1984 by Ord. No. 14-84]
(10) Continually review and supervise the Borough's insurance program.
(11) Be responsible for the overall supervision and maintenance of real property owned
by the Borough of Butler.
(12) Act as liaison between the Borough of Butler and the various County, state and
federal agencies with respect to all applications for funds and/or services needed or
required by the Borough of Butler.
(13) Review daily any complaints concerning the functions and obligations of the
Borough of Butler made by any of its residents, and he shall have a permanent
record of all complaints and the disposition made.
(14) Make any recommendations which he may believe will increase the efficiency of
the operation of the Borough of Butler.
(15) Prepare and present to the Mayor and Council a quarterly report of the Borough
affairs, which shall include a report from each department head.
(16) Prepare and administer the municipal budget. Obtain from each department, committee,
board, commission, agency or officer of the Borough information
4:12
§ 4-9
ADMINISTRATION OF GOVERNMENT
§ 4-11
necessary for the preparation of the annual budget. [Amended 8-21-1984 by Ord.
No. 14-84]
(17) All materials, supplies and equipment or work under contract for the Borough shall
be purchased under the direction and supervision of the Borough Administrator.
[Amended 8-21-1984 by Ord. No. 14-84]
(18) Also perform such other duties as may be assigned to him from time to time by the
Mayor and Council.
I. Bond. The Municipal Administrator shall furnish a surety bond to be approved by the
Mayor and Council, said bond to be conditioned upon the faithful performance of his
duties. The premium of said bond shall be paid by the Borough.
J.
The Borough Administrator shall not engage in any organized political campaigns within
the Borough of Butler or have any interest, direct or indirect, in any contract, subcontract
or job for work, materials or services or the profit thereof to be furnished to or performed
for the Borough. [Added 8-21-1984 by Ord. No. 14-84]
§ 4-10. Administrative Analyst. [Added 3-2-1981 by Ord. No. 81-35 ]
A. Establishment of position. There is hereby established the position of Administrative
Analyst in the Borough of Butler.
B. Term. The term of the position of Administrative Analyst for the Borough of Butler shall
be for one year, but such term shall expire on December 31 of each year, whether or not
the position has been filled for the entire year.
C. Appointment. The position of Administrative Analyst shall be filled by appointment by
the Mayor and Borough Council of the Borough of Butler by a duly adopted resolution.
D. Duties. The Administrative Analyst shall prepare on a routine basis cost allocation
studies for the various functions and departments maintained by the Borough. The
Administrative Analyst shall implement an inventory control program in connection with all
the Borough's operating assets, shall perform system studies and shall perform such other
duties as assigned by the Borough Administrator.
E. Salary. The Administrative Analyst shall receive such compensation as is authorized in
the yearly Salary Ordinance and resolution adopted by the Mayor and Borough Council
of the Borough of Butler.6
§ 4-11. Borough Attorney.
A. Appointment. The Borough Attorney shall be appointed by the Mayor with the advice
and consent of the Council for a term of one year. He shall be an attorney at law of New
5. Editor's Note: Section 6 of this ordinance provided for the repeal of original Section 2-10, Purchasing Agent.
6. Editor's Note: See Ch. 47, Salaries and Compensation.
4:13
§ 4-11 ADMINISTRATION OF GOVERNMENT
§ 4-12
Jersey but need not be a resident of the Borough. The Attorney shall receive a retainer
and shall in addition be paid such fees and charges as shall be deemed reasonable.
B. Powers and duties. The Attorney shall have such powers and perform such duties as are
provided for the office of Borough Attorney by general law or ordinances of the
Borough. He shall represent the Borough in all judicial and administrative proceedings in
which the municipality or any of its officers or agencies may be a party or have an
interest. He shall give all legal counsel and advice where required by the Council or any
member thereof, and shall in general serve as the legal advisor to the Council on all
matters of Borough business. In furtherance of such general powers and duties, but without
limitation thereto, the Borough Attorney shall:
(1) Draft or approve as to form and sufficiency all legal documents, contracts, deeds,
ordinances and resolutions made, executed or adopted by or on behalf of the
Borough.
(2) With the approval of the Council, conduct appeals from orders, decisions or
judgments affecting any interest of the Borough as he may in his discretion
determine to be necessary or desirable or as directed by the Mayor and Council.
(3) Subject to the approval of the Borough Council, have power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved.
(4) Render opinions in writing upon any question of law submitted to him by the
Council or any member thereof with respect to their official powers and duties, and
perform such duties as may be necessary to provide legal counsel to the Council in
the administration of municipal affairs.
(5) Supervise and direct the work of such additional attorneys and technical and
professional assistants as the Council may authorize for special or regular employment
in or for the Borough.7
§ 4-12. Borough Engineer.
A. Established. There is hereby established the position of Borough Engineer.
B. Appointment; term. The Borough Engineer shall be appointed by the Mayor with the
approval of the Council for a term of one year. The Borough Engineer shall receive such
compensation as may be agreed upon and determined by the Council. He shall be a duly
licensed professional engineer of the State of New Jersey.
C. Duties. The Borough Engineer shall perform such duties as are prescribed by general law
and ordinance, and in addition shall:
7. Editor's Note: Original Section 2-14, Building Inspector, which immediately followed hereafter, was superseded
3-15-1977 by Ord. No. 77-7.
4:14
§ 4-12
ADMINISTRATION OF GOVERNMENT
§ 4-12
(1) Prepare, or cause to be prepared, plans, designs and specifications for public works
and improvements undertaken by the Borough, either on force account or by public
contract.
(2) Provide and maintain surveys, maps, plans, specifications and control records with
respect to public works and facilities owned or operated by the Borough.
(3)
Operate, maintain and repair the Borough storm sewer system.
(4) Provide technical and engineering advice and assistance to all Borough
departments as needed; provided, however, that he shall be under the general
supervision of the Council Committee of the Division of Public Works.
(5) All papers, documents, memoranda, reports and other materials relating to the
administration of engineering duties of the Borough Engineer shall be and remain
the property of the Borough. Upon the termination of his service with the Borough,
the Borough Engineer shall forthwith surrender to any successor all such property. The
Borough Engineer shall also act as assessment search officer of the Borough.
4:15
Chapter 5
ALTERNATIVE ENERGY
§ 5-1. Definitions.
§ 5-2. Purpose.
§ 5-3. Permit Requirements.
§ 5-4. Installation Requirements.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-19-2012 by Ord.
No. 2012-3. Amendments noted where applicable.]
§ 5-1. Definitions.
Solar energy system- a solar energy system and all associated equipment which converts solar
energy into usable electrical energy, heats water or produces hot air or other similar function through
the use of solar panels.
Solar Panels- a structure containing one or more receptive cells, the purpose of which is to convert
solar energy into usable electrical energy by way of a solar energy system.
§ 5-2. Purpose.
The purpose of this section is to establish requirements for the installation of solar panels within the
Borough of Butler.
§ 5-3. Permit Requirements.
A. Before any solar panel may be installed, plans for such installation shall be submitted to the
Butler Building Department and Butler Fire Department officials. No solar panel shall be
installed without a permit issued by the Borough.
B. The design of the solar panel system shall conform to all applicable industry standards including
the New Jersey Uniform Construction Code, the National Electric Code and the Butler Building
Code and Zoning Regulations. The applicant shall submit certificates of design compliance
obtained by the equipment manufacturer from a certified organization and any such design shall
be certified by an Engineer registered in the State of New Jersey. The manufacturer specifications
shall be submitted as part of the application.
§ 5-4. Installation Requirements.
(i)
Solar panels shall be permitted as a rooftop installation in any zoning district. A roof-mounted
system may be mounted on a principal building or accessory building.
(ii) Roof-mounted solar panels shall be mounted parallel to the roof angle and shall not exceed a
height of 12 inches above the rooftop.
5:1
§ 5-4
ALTERNATIVE ENERGY
§ 5-5
(iii) A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum
sun exposure but shall not exceed 5 feet above the roof. No such mounted solar panel shall
exceed the maximum permitted height of the structure.
(iv) All roof-mounted panels shall be installed at least 3 feet from the roof edges.
(v) Roof mounted solar panels shall not be permitted on the front roof of a structure which faces a
street, except as permitted below. This requirement shall also apply to the side street of a corner lot.
Solar panels shall be located on a rear-or-side-facing roof, as viewed from any adjacent street, unless
such installation is proven to be ineffective or impossible. The removal of potential obstructions
such as interceding vegetation shall not be sufficient cause for permitting a front-facing installation.
Front-facing installation may be permitted in accordance with the following provisions:
(a) Applicant must present valid reasons to the building official as to why a front roof is the
only effective or possible means for utilizing solar energy on the property. Such
information shall be certified by a professional deemed qualified by the Building
Department and reviewed by the Borough Engineer and any other Professional that the
Borough deems necessary; and
(b) Solar panels must be flush mounted to the roof.
(c) An applicant may appeal a denial of the Building Department to allow solar panels on a
front roof to the Zoning Board of Adjustment.
(vi) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed
onto nearby properties, businesses, residential homes or roadways.
(vii) All exterior electrical lines must be painted a color scheme that matches as closely as
reasonably possible the color of the structure and adjacent materials.
(viii) An external disconnect switch, which is clearly identified and unobstructed, shall be provided.
(ix) Signage identifying the use of solar panels shall be posted at an easily visible location. The
signage shall clearly state the name, address and telephone number of the vendor authorized to
deactivate the solar panel system in the case of an emergency.
(x) In addition to the required signage, property owners shall provide the Borough Fire Official
with a map illustrating the location of the disconnect switch, as well as any information regarding
the vendor authorized to deactivate the solar panel.
(xi) Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable
assemblies and junction boxes to alert the Fire Service to avoid cutting them.
(xii) Ground mounted solar energy systems shall not be located in the front or side yards and shall
have side and rear yard set backs of no less than 20 feet. No part of the ground mounted solar energy
system shall exceed 7 feet in height.
5:2
Chapter 6
AMERICANS WITH DISABILITIES ACT COMPLIANCE
COMMITTEE
§ 6-1. Purpose.
§ 6-2. Americans with Disabilities Act Coordinator.
§ 6-3. Americans with Disabilities Act Compliance Committee.
§ 6-4. Grievance procedure.
§ 6-5. Maintenance of records.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-16-1992 by
Ord. No. 1992-11. Amendments noted where applicable.]
§ 6-1. Purpose.
It is the intent of this chapter to establish an internal grievance procedure providing for
prompt and equitable resolution of complaints alleging any action prohibited by the United
States Department of Justice regulations implementing Title II of the Americans with
Disabilities Act (hereinafter "ADA"). Title II states in part that "no otherwise qualified
disabled individual shall, solely by reason of such disability, be excluded from the
participation in, be denied the benefits of or be subjected to discrimination" in programs or
activities sponsored by the Borough of Butler.
§ 6-2. Americans with Disabilities Act Coordinator.
A. There is hereby established the position of ADA Coordinator, who shall be a Borough
employee appointed by the Mayor and who shall serve in that capacity for the term of
the Mayor or until such time as the employee terminates his employment with the
Borough.
B. The ADA Coordinator shall receive no additional compensation.
§ 6-3. Americans with Disabilities Act Compliance Committee.
A. There is hereby established an ADA Compliance Committee, which shall be composed
of the Borough Administrator, the Borough Construction Official, one representative
from the medical profession and two Borough residents to be appointed by the Mayor.
(1)
The Borough employees shall be permanent members of the ADA Compliance
Committee.
(2) Initially, one member shall be appointed for a term of one year; one member shall
be appointed for a term of two years; and one member shall be appointed for a
term of three years. Thereafter, the members shall be appointed for three-year terms.
6:1
§ 6-3 AMERICANS WITH DISABILITIES ACT COMPLIANCE COMMITTEE
§ 6-5
B. The ADA Compliance Committee shall establish rules and procedures for
hearing complaints, requests or suggestions from disabled persons regarding access to
and participation in public facilities, services, activities and functions in the community.
§ 6-4. Grievance procedure.
Any person aggrieved by an alleged action done in violation of the provisions of the
Americans with Disabilities Act shall be entitled to pursue the following procedures:
A. A complaint regarding access, alleged discrimination or a violation of the ADA shall be
submitted, in writing, to the ADA Coordinator.
B. The complaint shall be filed within 180 days from the date of the alleged discrimination
or violation. The time for filing the complaint may be extended for a period of 30 days
for good cause.
C. The ADA Coordinator shall conduct an investigation and render a written decision within
15 working days of the filing of the complaint. A copy of the decision shall be forwarded
to the complainant.
D. In the event that the complaint cannot be resolved by the ADA Coordinator to the
satisfaction of the complainant, the complaint shall be forwarded to the ADA
Compliance Committee.
E.
After notifying the complainant by certified mail, the ADA Compliance Committee shall
conduct a public hearing, at which time the complainant may voice his objections to the
decision of the ADA Coordinator. The proceedings shall be recorded and the tape of the
proceeding maintained for a period of one year.
F.
In the event that the complainant is not satisfied with the decision of the ADA
Compliance Committee, he or she may appeal the decision to the Borough Council of the
Borough of Butler.
G. The Borough Council of the Borough of Butler shall render its decision within 30 days
of the hearing, which decision shall be final as to administrative remedies available at the
municipal level. Nothing contained herein shall limit or restrict an individual's right to
pursue other remedies. The right of a person to a prompt and equitable resolution of the
complaint filed hereunder shall not be impaired by the person's pursuit of other remedies
such as the filing of an ADA complaint with the responsible federal department or
agency. Use of this grievance procedure is not a prerequisite to the pursuit of other
remedies.
§ 6-5. Maintenance of records.
The ADA Coordinator shall maintain the files and records of all complaints filed and the
hearings held.
6:2
Chapter 7
(RESERVED)
[Former Ch. 7, Assessors, Board of, adopted as Section 2-9 of the Revised General
Ordinances of 1976, was repealed 1-17-1995 by Ord. No. 1994-26.]
7:1
Chapter 9
BOARDS, AGENCIES AND COMMISSIONS
ARTICLE I
Attendance at Meetings
§ 9-1. Absences limited; termination of membership for noncompliance.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 25. Board of Recreation Commissioners — See Ch. 44.
ARTICLE I
Attendance at Meetings
[Adopted 11-1-1982 by Ord. No. 12-82]
§ 9-1. Absences limited; termination of membership for noncompliance.
Any member of any board, agency or commission of the Borough of Butler, who was
appointed to same by either the Mayor, the Mayor with concurrence of the Borough Council,
or the Mayor and Council, who shall be absent for more than 25% of the regularly scheduled
meetings of said board, agency or commission during any calendar year, and whose absence
shall not have been excused by the chairman or president of the said board, agency or
commission, shall be deemed to have failed to perform his duties; and his or her membership
on the said board, agency or commission shall be deemed terminated and vacant; and the
Mayor or the Mayor and Council, as provided by law, may appoint a replacement for the
unexpired term.
9:1
Chapter 10
CASHIER, SUPERVISING
§ 10-1. Establishment.
§ 10-2. Duties.
§ 10-3. Qualifications.
§ 10-4. Appointment.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 3-19-1985 by
Ord. No. 85-5. Amendments noted where applicable.]
§ 10-1. Establishment.
The position of Supervising Cashier is hereby established.
§ 10-2. Duties.
The duties of the position of Supervising Cashier are to supervise and work with a small
group of employees engaged in cashiering and related clerical work.
§ 10-3. Qualifications.
The qualifications for one to be appointed to the position of Supervising Cashier are as
follows:
A. Experience. Four years of experience in the receipt, disbursement, deposit, custody or
other clerical processing of money, one year of which shall have been in a supervisory
capacity.
B. Knowledge.
(1) Thorough knowledge of the problems involved in making and executing plans for
the effective utilization of personnel, equipment, materials, supplies and funds.
(2) Thorough knowledge of the problems, methods and procedures used in preparing
and endorsing checks and drafts, in keeping records of cash receipts and printouts
and in preparing daily balances of accounts and in the establishment and
maintenance of needed records and files.
B. Ability.
(1) Ability to read, write, speak, understand or communicate in English sufficiently to
perform the duties of the position. Communication may include such forms as
American Sign Language or braille.
(2) Ability to analyze, identify and design solutions to cashiering problems.
(3) Ability to motivate, train and work effectively with subordinates who have a
variety of backgrounds and training.
10:1
§ 10-3
CASHIER, SUPERVISING
§ 10-4
(4) Ability to accomplish the quality and quantity of work expected within set limits of cost and
time.
(5) Ability to give suitable assignments to individuals and groups.
(6) Ability to plan own work and carry out assignments effectively.
(7) Ability to communicate with others effectively, both orally and in writing, in working
out solutions to problems or questions relating to work.
(8) Ability to understand and further management goals as these affect day-to-day work
operations.
(9) Ability to develop improvements in or design new work methods and procedures. (10) Ability
to take a leading part in making varied, highly complex arithmetical
computations and in the establishment and maintenance of needed records and
files.
§ 10-4. Appointment.
The position of Supervising Cashier shall be filled by an appointment of the Borough Council
upon the recommendation of the Mayor.
10:2
Chapter 12
CLAIMS
ARTICLE I
Claims, Bills and Vouchers
§ 12-1. Presentation.
§ 12-2. Approval by department head.
§ 12-3. Approval by Administrator.
§ 12-4. Presentation to Mayor and Council.
§ 12-5. Approval or disapproval by Mayor and Council.
§ 12-5.1. Disapproved claims.
§ 12-5.2. Approval of other claims.
ARTICLE II
Method of Approval and Payment
§ 12-6. Certain purchase orders not to be issued.
§ 12-7. Signature required.
§ 12-8. Presentation of claim to chairman; approval; filing.
§ 12-9. Consideration by governing body; disapproval.
§ 12-10. Recording.
§ 12-11. Duty of Administrator to indicate approval.
§ 12-12. Treasurer to prepare checks; recording; distributing.
§ 12-13. Payrolls.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47.
ARTICLE I
Claims, Bills and Vouchers
[Adopted 6-1-1981 by Ord. No. 10-811 ]
§ 12-1. Presentation.
Any person claiming payment from the Borough of Butler for other than a payroll account
shall present a voucher (as prescribed by the Borough) accompanied by a company bill specifying
material or service provided to the Borough duly certified as supported by a certification and
declaration of the claimant. In the case of reimbursement for actual and necessary traveling
expenses, itemized claims supported by receipts, where available, shall be presented in order to
obtain reimbursement for expenses incurred by local officials where authorized by the Borough.
1. Editor's Note: This ordinance also superseded former Article I, Claims, Bills and Vouchers, adopted as Section 2-8 of
the Revised General Ordinances of 1976.
12:1
§ 12-2 CLAIMS
§ 12-6
§ 12-2. Approval by department head.
Claims shall then be presented to the appropriate department head who shall approve them if he is
satisfied the claims are proper, materials have been received or services were rendered. After such
approval is given, the department head shall file the claims with the Borough Administrator.
§ 12-3. Approval by Administrator.
The Borough Administrator shall approve all vouchers for submission to the Mayor and
Council. The Administrator shall assure all necessary certifications are present, that there are proper
and sufficient appropriations and that there is legal authority for the payments. All approved vouchers
will be submitted to the Mayor and Council in the form of a bill list indicating the company,
purchase order number, amount of voucher, description of service and department charged.
§ 12-4. Presentation to Mayor and Council.
The bill list shall be presented to the Mayor and Council with the agenda material for each regular
meeting.
§ 12-5. Approval or disapproval by Mayor and Council.
The Mayor and Council shall review the presented list and withhold action on any claim, which
is felt to require further study. The Mayor and Council shall authorize the payment of the
remaining claims on the list by passage of a resolution.
§ 12-5.1. Disapproved claims.
Any disapproved claim may be referred back to the Borough Administrator with such instructions as
the Mayor and Council may give at the time of removal from the list.
§ 12-5.2. Approval of other claims.
The Mayor and Council may, by motion at the regular meeting, consider any claims not
included on the supplied list and may authorize payment of such claims by resolution.
ARTICLE II
Method of Approval and Payment
[Adopted 2-20-1979 by Ord. No. 79-2]
§ 12-6. Certain purchase orders not to be issued.
The purchasing agent for the Borough of Butler shall issue no purchase order for services or materials
for which there are no moneys unencumbered in the Borough's municipal budget or the budget for its
utilities at the time said purchase order is issued.
12:2
§ 12-7 CLAIMS § 12-13
§ 12-7. Signature required.
It shall be the duty of the Administrator to see that the signature of the officer or employee,
who has been duly designated by the local unit to certify that the materials have been received
by or the services rendered to the local unit, appears on every claim.
§ 12-8. Presentation of claim to chairman; approval; filing.
Claims shall then be presented to the chairman of the committee responsible for the placing of
the order who, if satisfied the claims are proper, shall approve the same. After such approval
is given, the chairman shall file the claim with the Borough Administrator who shall then
present these claims to the governing body for formal approval at a regular meeting.
§ 12-9. Consideration by governing body; disapproval.
Claims shall be considered by the governing body which shall approve the same, except that
said governing body may reject any claim presented to it stating the reason for such rejection.
Any disapproved claim shall be referred back to the Borough Administrator with such
instructions as the governing body may give at the time of disapproval.
§ 12-10. Recording.
It shall be the duty of the Borough Administrator to record all claims in the official minutes
indicating that the governing body has by formal action approved the same with appropriate
record as to any claims disapproved or rejected.
§ 12-11. Duty of Administrator to indicate approval.
It shall be the duty of the Borough Administrator or such other officer designated by
resolution of the governing body, to indicate on said claims that they have been approved for
payment, with the date of approval thereof noted on the claim.
§ 12-12. Treasurer to prepare checks; recording; distributing.
After the Borough Administrator has certified that the claims have been approved, he shall
turn the same over to the Treasurer who shall forthwith prepare the necessary checks for the
payment thereof, which then said checks shall be signed by the Mayor and the Borough
Administrator and thereafter countersigned by the Treasurer. After preparing checks for the
payment of claims, he shall record them in proper books of account and thereafter mail or
otherwise distribute the checks to claimants.
§ 12-13. Payrolls.
In the case of payrolls, the Treasurer shall prepare the necessary payrolls for all employees,
which payrolls shall be duly certified by the person authorized to certify that the services have
been rendered and the amount specified is in fact due and owing to the employee or
12:3
§ 12-13 CLAIMS
§ 12-13
employees. Said payroll shall then be approved by the department head responsible therefor
and presented to the governing body for approval and, after approval, shall be paid in due
course.
12:4
Chapter 16
COURT, MUNICIPAL
§ 16-1. Establishment.
§ 16-2. Judge.
§ 16-3. Designation of temporary replacement Judge.
§ 16-4. Powers of Municipal Judge.
§ 16-5. Municipal Court Prosecutor.
§ 16-6. Municipal Court Public Defender; application fee.
§ 16-7. Court Administrator; clerical assistance; accommodation; Seal.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 10-13-1992 by
Ord. No. 1992-16.1 Amendments noted where applicable.]
§ 16-1. Establishment.
There is hereby established in and for the Borough of Butler a Municipal Court, pursuant to
N.J.S.A. 2A:8-1 et seq.2 The name of this court shall be the "Municipal Court of the Borough
of Butler in the County of Morris," and it shall have such civil and criminal jurisdiction as
provided by law.
§ 16-2. Judge.
The Municipal Court shall have a Judge who shall have such qualifications as may be
provided by law. The Municipal Judge shall be appointed by the Mayor, with the advice and
consent of the Borough Council, and shall serve for a term of three years from the date of his
or her appointment, until his or her successor is appointed and qualifies. The Judge shall,
before entering upon the duties of his or her office, take and subscribe an oath as provided by
law. His or her salary shall be payable in monthly installments or as the Borough Council
may, from time to time, determine and shall be in lieu of any and all fees and costs.
§ 16-3. Designation of temporary replacement Judge.
Whenever the Municipal Judge shall be unable to sit, he or she may designate any other
Municipal Judge or an attorney at law to sit for him or her temporarily and hold Municipal
Court, provided that any such designation shall be made in writing and shall be filed in the
Court and that such person so designated, while sitting temporarily, shall have all the powers
of the Judge of the Court.
1. Editor's Note: This ordinance superseded former Ch. 16, Court, Municipal, adopted as Section 2-16 of the Revised
General Ordinances of 1976.
2. Editor's Note: N.J.S.A. 2A:8-1 et seq. was repealed by L. 1993, c. 293. See now N.J.S.A. 2B:12-1 et seq.
16:1
§ 16-4 COURT, MUNICIPAL § 16-7
§ 16-4. Powers of Municipal Judge.
The duties, powers and jurisdiction of the Municipal Court and the Judge thereof shall, from
time to time, be prescribed or established by law and the rules of the Supreme Court of New
Jersey and shall at all times be subject to any provisions of law and the rules of the Supreme
Court of New Jersey effecting the duties, powers and jurisdictions of the Court or the Judge
thereof.
§ 16-5. Municipal Court Prosecutor. [Amended 3-18-1997 by Ord. No. 1997-4]
An attorney at law of the State of New Jersey shall be appointed Municipal Court Prosecutor,
under the supervision of the Attorney General or County Prosecutor, who may represent the
state, county or municipality in any matter within the jurisdiction of the Borough of Butler
Municipal Court pursuant to P.L. 1996, c. 95, § 14.3 Municipal Court Prosecutor shall be
appointed by the Mayor, with the advice and consent of the Borough Council, and shall serve
for a term of one year from the date of his or her appointment until his or her successor is
appointed and qualifies.
§ 16-6. Municipal Court Public Defender; application fee. [Amended 9-13-1994 by Ord.
No. 1994-12; 4-21-1998 by Ord. No. 1998-6]
A. An attorney at law of the State of New Jersey shall be appointed to act as Municipal
Court Public Defender. The Municipal Court Public Defender shall be appointed by the
Mayor, with the advice and consent of the Borough Council, and shall serve for a term of
one year from the date of his or her appointment until a successor is appointed and
qualified.
B. A person applying for representation by a Municipal Public Defender shall pay an
application fee of $200. The application fee may be waived by a Municipal Court Judge.
The Municipal Court Judge may allow the fee to be paid over a four-month period where
appropriate. The funds collected as application fees shall be turned over to the Chief
Financial Officer to be deposited in a dedicated fund to cover the costs incurred in
providing a Municipal Public Defender.
§ 16-7. Court Administrator; clerical assistance; accommodation; Seal.
A. The Borough Council may, by resolution, provide for a Court Administrator and such
other necessary clerical and other assistance as it may deem necessary.
B. Accommodations for the Court shall be provided by the Council.
C. A Court Seal as required by law, as well as other necessary supplies, shall be provided
by the Borough Council.
3. Editor's Note: See N.J.S.A. 2B:12-27.
16:2
Chapter 18
Economic Development Committee
REPEALED
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-17-2013 by
Ord. No. 2013-19 ; REPEALED 6-18-2024 by Ord. No.
2024-15]
18:1
Chapter 20
FINANCE DEPARTMENT
ARTICLE I
Establishment; Chief Financial Officer
§ 20-1. Establishment of Department; Chief Financial Officer.
§ 20-2. Powers and duties.
§ 20-3. Qualifications.
§ 20-4. Appointment and term.
§ 20-5. Tenure.
§ 20-6. Compensation.
ARTICLE II
Division of Tax Assessments
§ 20-7. Establishment; Borough Tax Assessor.
§ 20-8. Powers and duties of Assessor.
§ 20-9. Qualifications of Assessor.
§ 20-10. Appointment and term of Assessor.
§ 20-11. Tenure of Assessor.
§ 20-12. Compensation of Assessor.
ARTICLE III
Division of Tax Collections
§ 20-13. Establishment; Borough Tax Collector.
§ 20-14. Powers and duties of Collector.
§ 20-15. Qualifications of Collector.
§ 20-16. Appointment and term of Collector.
§ 20-17. Tenure of Collector.
§ 20-18. Compensation of Collector.
§ 20-19. Establishment; Purchasing Agent.
§ 20-20. Powers and Duties.
§ 20-21. Qualifications of Purchasing Agent.
§ 20-22. Appointment and Term of Purchasing Agent.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-11-1989 by
Ord. No. 10-89. Amendments noted where applicable.
GENERAL REFERENCES
Claims — See Ch. 12. Taxation — See Ch. 210.
20:1
§ 20-1 BUTLER CODE § 20-6
ARTICLE I
Establishment; Chief Financial Officer
§ 20-1. Establishment of Department; Chief Financial Officer.
There is hereby established the Department of Finance, the head of which shall be the
Chief Financial Officer.
§ 20-2. Powers and duties.
The Chief Financial Officer shall perform all of the duties formerly performed by the
Borough Treasurer and as provided by law and such additional duties as determined by the
Mayor and Council.
20-3.
Qualifications.
Commencing January 1, 1991, no person shall be appointed or reappointed as Chief
Financial Officer unless said person holds a municipal finance officer certificate issued
pursuant to P.L. 1971, c. 413 (N.J.S.A. 40A:9-140.2) or P.L. 1988, c. 110.1 The Chief
Financial Officer need not be a resident of the Borough of Butler.
§ 20-4. Appointment and term.
The Chief Financial Officer shall be appointed by the nomination of the Mayor with
the advice and consent of the Council and shall hold office for a term of one year from
the first day of January next following the appointment. If a vacancy occurs in the position
of Chief Financial Officer, the Mayor and Council may appoint, for a period not to
exceed one year and commencing on the date of the vacancy, a person who does not hold a
municipal finance certificate to serve as Chief Financial Officer. A person so appointed
may be reappointed as Chief Financial Officer following the termination of the temporary
appointment for an additional year; provided, however, that no person shall serve as
temporary Chief Financial Officer for more than two years.
§ 20-5 Tenure.
The Chief Financial Officer shall serve for a period of not less than five consecutive years
to be eligible for tenure and shall thereafter continue to hold office during good behavior and
efficiency as long as that person continues to hold a municipal finance certificate.
§ 20-6. Compensation.
Compensation of the Chief Financial Officer shall be fixed by ordinance.2
20:2
§ 20-7 BUTLER CODE § 20-12
ARTICLE II
Division of Tax Assessments
§ 20-7. Establishment; Borough Tax Assessor.
Within the Department of Finance there shall be a Division of Assessments, the head of which
shall be the Borough Tax Assessor. There may also be a Deputy Borough Tax Assessor as
determined by the Mayor and Council, who shall act under the direct supervision of and assist
the Borough Tax Assessor.
§ 20-8. Powers and duties of Assessor.
The Borough Tax Assessor shall have, perform and discharge all the functions, powers and duties
as provided by law and municipal ordinance and shall perform all duties heretofore exercised by
the Board of Assessors.
§ 20-9. Qualifications of Assessor.
The Borough Tax Assessor and Deputy Borough Tax Assessor shall hold a tax assessor certificate
as provided for in P.L. 1967, c. 44, (N.J.S.A. 54:1-35.25 et seq.). The Borough Tax Assessor and
Deputy Borough Tax Assessor need not be residents of the Borough of Butler.
§ 20-10. Appointment and term of Assessor.
The Borough Tax Assessor and Deputy Borough Tax Assessor shall be appointed by the
nomination of the Mayor with the advice and consent of the Council and shall hold office for a
term of four years from the first day of July next following the appointment. Vacancies other than
due to expiration of term shall be filled by appointment for the unexpired term.
§ 20-11. Tenure of Assessor.
The Borough Tax Assessor, who shall be reappointed to the office upon the completion of one
full term of four years, shall be eligible for tenure and shall thereafter continue to hold office
during good behavior and efficiency as long as that person continues to hold a tax assessor
certificate.
§ 20-12. Compensation of Assessor.
Compensation of the Borough Tax Assessor and Deputy Borough Tax Assessor shall be fixed by
ordinance.3
1. Editor's Note: See N.J.S.A. 40A:9-140.1 et seq.
2. Editor's Note: See Ch. 47, Salaries and Compensation.
20:3
§ 20-13 FINANCE DEPARTMENT § 20-18
ARTICLE III
Division of Tax Collections
§ 20-13. Establishment; Borough Tax Collector.
Within the Department of Finance there shall be a Division of Tax Collections, the head of
which shall be the Borough Tax Collector. There may also be an Assistant Borough Tax Collector
as determined by the Mayor and Council, who shall assist the Borough Tax Collector in
the performance of the duties of that position.
§ 20-14. Powers and duties of Collector.
The Borough Tax Collector shall have, perform and discharge all the functions, powers and duties
as provided by law and municipal ordinance.
§ 20-15. Qualifications of Collector.
The Borough Tax Collector shall have obtained certification as a tax collector from the
Division of Local Government of the State of New Jersey. The Borough Tax Collector and
Assistant Borough Tax Collector need not be residents of the Borough of Butler.
§ 20-16. Appointment and term of Collector.
The Borough Tax Collector and Assistant Borough Tax Collector shall be appointed by the
nomination of Mayor with the advice and consent of the Council and shall hold office for a term
of four years from the first day of January next following the appointment. Vacancies other than
due to expiration of term shall be filled by appointment for the unexpired term.
§ 20-17. Tenure of Collector.
The Borough Tax Collector, who shall be reappointed to the office upon the completion of one
full term of four years, shall be eligible for tenure and shall thereafter continue to hold office
during good behavior as long as that person continues to hold a tax collector certificate.
§ 20-18. Compensation of Collector.
Compensation of the Borough Tax Collector and Assistant Borough Tax Collector shall be fixed
by ordinance.4
3. Editor's Note: See Ch. 47, Salaries and Compensation.
20:4
§ 20-19 BUTLER CODE § 20-22
ARTICLE IV
Establishment; Purchasing Agent
[Added: 6-21-2011 by Ord. No. 2011-11]
§ 20-19. Establishment; Purchasing Agent.
There is hereby created the position of Purchasing Agent for the Borough of Butler.
§ 20-20. Powers and duties
The Purchasing Agent shall have, on behalf of the Mayor and Council of the Borough of
Butler, the authority, responsibility and accountability for the purchasing activity pursuant
to Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.); to prepare public advertising for
and to receive bids and requests for proposals for the provision or performance of goods,
services and construction contracts; to award contracts pursuant to New Jersey law in
accordance with the regulations, forms and procedures promulgated by state regulatory
agencies; and conduct any activities as may be necessary or appropriate to the purchasing
function of the Borough of Butler.
§ 20-21. Qualifications of Purchasing Agent
The Purchasing Agent is required to possess a valid Qualified Purchasing Agent certificate,
as issued by the New Jersey Division of Local Government Services, Department of
Community Affairs.
§ 20-22. Appointment and term of Purchasing Agent
The Purchasing Agent shall be appointed by the Mayor and Council and serve in that position
at the will of the Mayor and Council.
20:5
BOROUGH OF BUTLER
ORDINANCE NO. 2020-17
ORDINANCE AMENDING CHAPTER 21 OF THE REVISED GENERAL ORDINANCES OF
THE BOROUGH OF BUTLER
BE IT ORDAINED by the Mayor and Council of the Borough of Butler, in the County of Morris and
State of New Jersey, as follows:
Section 1. Chapter 21 of the Revised General Ordinances of the Borough of Butler entitled “Fire
Department,” shall be amended to read in its entirety as follows:
Chapter 21
FIRE DEPARTMENT
§ 21-1. Department Structure
§ 21-2. Officers.
§ 21-3. Election and appointment of officers.
§ 21-4. Fire Police
§ 21-5. Vacancies
§ 21-6. Duties of officials.
§ 21-7. Membership
§ 21-8. Standard of efficiency.
§ 21-9. Exemptions.
§ 21-10. Alarms; observance of regulations.
§ 21-11. General provisions.
§ 21-1. Department Structure
The Department shall consist of two (2) Battalions that shall be designated as Engine Battalion #1 and
Ladder-Rescue Battalion #2.
A. Kinney Hose 341 and Bartholdi Hose 342 will be assigned to Battalion #1. Battalion #1
will have a maximum number of persons of 50. There will be 25 persons from Kinney
Hose Company and 25 persons from Bartholdi Hose Company.
B.
Kiel Hook and Ladder 343 and Pequannock Engine and Hose 344 will be assigned to
Battalion #2. Battalion #2 will have the maximum number of persons of 50. There will
be 25 persons from Kiel Hook and Ladder Company and 25 persons from the
Pequannock Engine and Hose Company.
C.
Regardless of a member’s company affiliation, all department members are part of both
battalions. The apparatus makes up the battalions, not the department members. The
fire department will establish an apparatus response guide based on the nature of an
alarm. When a member arrives to the firehouse for an alarm, he/she will board the
apparatus that fits the nature of the alarm.
21:1
§ 21-2 BUTLER CODE § 21-3
D. The Council reserves the right, by resolution, to reduce or increase the number of
persons of any company, provided that no present members of the Fire Department shall
be dropped to reduce a company to the required number.
§ 21-2. Officers.
A. The Department Officers shall consist of a Department Chief, Deputy Chief, and
Battalion Chief. This will make up the Board of Chiefs.
B. The officers of each Battalion shall consist of a Captain and 2 Lieutenants.
(1) Battalion #1 will consist of a captain (Captain 1) and two lieutenants. Captain 1
will supervise Engines 341 and Engine 342. Captain 1 will report back to the
Battalion Chief. Lieutenant 1 will be in charge of Engine 341. Lieutenant 2 will
be in charge of Engine 342.
(2) Battalion #2 will consist of a captain (Captain 2) and two lieutenants. Captain 2
will supervise Tower 343 and Rescue 344. Captain 2 will report back to the
Battalion Chief. Lieutenant 3 will be in charge of Tower 343. Lieutenant 4 will
be in charge of Rescue 344.
C. The Board of Chiefs and the Master Mechanic shall hold a term of office provided
herein and shall be responsible to the Mayor, Council and Borough Administrator in the
performance of their respective duties. The Borough Administrator can suspend a member
of the Board of Chiefs or the Master Mechanic for insubordination, dereliction of duty,
moral turpitude or a criminal act or any act unbecoming of the position held. Upon the
suspension a hearing will take place within 15 days by the Mayor and Council.
§ 21-3. Election and appointment of officers. [Amended: 3-15-2022 by Ord. No. 2022-01]
A. Qualifications for officers. All officers of the Butler Fire Department must meet the
following qualifications:
(1)
Be a resident of the Borough of Butler or a contiguous municipality.
(2)
Be an active member in good standing in the Butler Fire Department.
(3)
Must be a Fire Fighter 2 with the New Jersey Division of Fire Safety Certificate.
(4)
Must be physically able to perform all duties of the rank held.
(5)
Must be a National Incident Management Level 2 with the New Jersey Division of
Fire Safety Certificate.
(6)
Must be able to pass a background check.
(7)
Must be able to pass a driver’s license check.
(8)
Must meet all other applicable Fire Fighter Standards per PEOSH.
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§ 21-3 BUTLER CODE § 21-3
B. Qualifications for Chief. The qualifications for a Chief in the Butler Fire Department
shall be as follows:
(1)
Shall have served in all ranks of officer prior to this rank.
(2)
Must be a National Incident Management Level 2 with the New Jersey Division of Fire
Safety Certificate.
(3)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(4)
Must be an active member of the Morris County Alliance of Active Fire Chiefs and the
Morris County Fire Chiefs Associations.
(5)
Not hold elected office as Mayor or a Councilman during the term as Chief.
(6)
Must be a resident of the Borough of Butler
C. Qualifications for Deputy Chief. The qualifications for a Deputy Chief in the Butler Fire
Department shall be as follows:
(1)
Shall have served in all ranks as an officer prior to this rank.
(2)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(3)
Must be a National Incident Management Level 2 with a New Jersey Division of Fire
Safety Certificate.
(4)
Must have the Safety Officer Certificate from a New Jersey Division of Fire Safety
approved training facility.
(5)
Must have Building Construction and Size-Up Certificates from a New Jersey Division
of Fire Safety approved training facility.
(6)
Not hold elected office as Mayor or Councilman during the term as Deputy Chief.
(7) Must be a resident of the Borough of Butler.
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§ 21-3 BUTLER CODE § 21-3
D. Qualifications for Battalion Chief. The qualifications for the Battalion Chief in the Butler
Fire Department shall be as follows:
(1)
Shall have served in all ranks as an officer prior to this rank.
(2)
Must be a Fire Officer Level 1 with a New Jersey Division of Fire Safety Certificate.
(3)
Must be a National Incident Management Level 2 with a New Jersey Division of Fire
Safety Certificate.
(4)
Must have the Safety Officer Certificate from a New Jersey Division of Fire Safety
approved training facility.
(5)
Must have Building Construction and Size-Up Certificates from a New Jersey Division
of Fire Safety approved training facility.
(6)
Not hold elected office as Mayor or Councilman during the term as Battalion Chief.
(7) Must be a resident of the Borough of Butler
E. Board of Chiefs; terms and progression.
(1) The following conditions govern the Board of Chiefs terms:
a) Each Chief of the Board of Chiefs will serve a term of two years at
each rank.
b) The order of progression for the Board of Chiefs will be as follows:
i.
Battalion Chief (3)
ii.
Deputy Chief (2)
iii.
Department Chief (1)
(2) Should a vacancy occur in the Board of Chiefs, the next chief in line will progress
up to the next chief position, to fill the vacancy without regard to the length of time
in rank.
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§ 21-3 BUTLER CODE § 21-3
F. Elections.
(1) The terms of the Board of Chiefs and Battalion officers begins with a
swearing-in performed by the Mayor and Council.
(2) A member wishing to hold a fire officer position within the fire department will
have to have the proper certificates of training as outlined in the current Borough
ordinance and will have met the fire department member efficiency standard for two
consecutive years prior to the election.
(3) For a department member to be eligible to vote he/she must be active and be on
the company rolls for a minimum of 180 days, and maintain a minimum of 50%
attendance at all fire calls, drills and work details.
G. Officer Election Process
(1) APPARATUS LIEUTENANT (Yearly election)
Any member wishing to be an apparatus lieutenant must be nominated and seconded
by a member of the department during the October nomination meeting. This will be
the only time a member can be nominated for an apparatus lieutenant position.
Election will be held yearly at the conclusion of the November general department
meeting. A member may be nominated for multiple apparatus lieutenant positions,
once they have been elected to an apparatus their name will be removed from the
remaining ballots. The order of selection will be as follows: 341, 342, 343, 344.
(2) Battalion Captain (Yearly election)
Any member wishing to be a captain of a battalion must be nominated and seconded
by a member of the department during the October nomination meeting. This will be
the only time a member can be nominated for the captain of a battalion position.
Only members that have completed two years in the apparatus lieutenant position
shall be eligible for a captain of a battalion position. Election will be held yearly at
the conclusion of the November general department meeting. A member may be
nominated for either captain of battalion position, once they have been elected to a
battalion, their name will be removed from the remaining ballots. The order of
selection will be as follows: Battalion 1, Battalion 2.
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§ 21-3 BUTLER CODE § 21-4
(3) BATTALION CHIEF
Any member wishing to be a Battalion chief must be nominated and seconded
by a member of the department during the October nomination meeting. This
will be the only time a member can be nominated for the Battalion chief
position. Only members that have completed two years in the battalion captain
position shall be eligible for the battalion chief position. Election will be held
every two years (in conjunction with the chief rotation) at the conclusion of the
November general department meeting.
(4) DEPUTY CHIEF
Will be promoted from the Battalion chief position. 2-year term (in
conjunction with the chief rotation)
(5) DEPARTMENT CHIEF
Will be promoted from the deputy chief position. 2 year term. (In conjunction
with the chief rotation).
H. All fire officer elections, when required, shall be conducted no later than November 30th
or within 30 days upon the resignation or removal of the person holding the fire officer
position.
§ 21-4. Fire Police
A. Before January 1 of each year, the Department will compile a list active exempt members
who wish to be known as “Fire Police.” The Secretary of the Department shall report the
names of those members to the Mayor and Council for appointment. Each Fire Police so
appointed shall be properly sworn in and given status as will enable him or her to perform
the duties and have the powers of police officers at any fire emergency at which the
Butler Fire Department is called upon to act.
B. The Fire Police shall hold a meeting as soon as possible in the month of January to elect a
Chief and an Assistant Chief of Fire Police.
C. Fire Police shall, at all times, be subject to the orders of the Chief of the Butler Fire
Department or such officer acting in his or her place and shall report, at each fire, to the
Chief of the Butler Fire Department or such officer acting in his or her place, for proper
instructions as to duties of the respective Fire Police.
21:6
§ 21-5 BUTLER CODE § 21-5
§ 21-5. Vacancies.
(1) In the event of a vacancy in the rank of Department Chief or Deputy Chief the
next ranking officer will be promoted to that said rank. If the vacancy occurs in
the Battalion Chief position an election shall be held within 30 day to elect a new
Battalion Chief. The time each serves in there new rank will not count towards
their normal two-year term.
(2) In the event of a vacancy at Captain or Lieutenant in any battalion the
Department will hold an election within 30 days to fill the vacant rank.
(3) REMOVAL OF A LINE OFFICER (Lieutenant-Captain)
a. A line officer may be removed from their position for the following
reasons; Be in violation of any part Borough Ordinance, current Borough
Employee Handbook, Fire Department By-Laws or Fire Department
Standard Operating Procedures/Standard Operating Guidelines.
b. If at any point during their term, the department president receives a
written complaint detailing the reason for termination, signed by three
members in good standing of the department, the president shall hold a
special meeting. At said meeting, if 75% of the quorum votes in an
affirmative action to remove that officer, that officer shall be removed.
The removed officer will have the opportunity to appeal their removal
within 15 calendar days of the vote to remove them. The appeal process
will be heard by the board of Ex Chiefs. If the board of ex chiefs up holds
the removal, the department president shall call for special election within
30 calendar days of the appeal. The election will follow the same criteria
of the original election process.
(4) REMOVAL OF A CHIEF OFFICER
a. A chief officer may be removed from their position for the following
reasons; Be in violation of any part Borough Ordinance, current Borough
Employee Handbook, Fire Department By-Laws or Fire Department
SOP/SOG’s.
b. At any point during their term, the department president receives a
written complaint describing the reason for termination signed by three
members in good standings of the department, the president shall hold a
special meeting.
21:7
§ 21-5 BUTLER CODE § 21-6
c. At said meeting, if 75% of quorum votes in an affirmative action to
remove that officer, the president of the department shall request that the
Borough of Butler Public Safety Committee take action to remove said
chief. The removed officer will have the opportunity to appeal their
removal within 15 calendar days of the vote to remove them. The appeal
process will be heard by the Mayor and council. If the Mayor and council
up holds the removal, the remaining chiefs will be promoted to the next
level. The department president shall call for special election within 30
calendar days of the appeal to select a new battalion chief. At the same
election the department president shall hold an election to replace any
vacated line officer position that was vacated by electing a new Battalion
Chief. The election will follow the same criteria of the original election
process.
§ 21-6. Duties of Officers.
A. Duties of the Chief. The Chief shall be the commanding officer at all times. They shall be
in command of the department whether at a fire, at an alarm of fire or at a drill and shall
command the operations of the members in the performance of their duties and enforce
the rules of the department and any ordinances of the Borough bearing on the Fire
Department. In addition, they shall have the following duties.
They shall:
(1) Be responsible to the Mayor and Council for all Borough fire equipment and the
training of personnel.
(2) Make recommendations for apparatus or equipment needed to the Mayor and
Council based upon the recommendations from the Battalion Captain and Board
of Chiefs.
(3) Be responsible for developing the annual operating and capital improvement
budgets and presenting same to the Public Safety Committee.
(4) Communicate to the department at the department meetings or through the
Battalion officers, Borough matters affecting the fire department.
(5) Recommend to the council such additions, alterations, or repairs to the property
of the department as they may deemed necessary for the safe efficiency of
operations.
(6) They shall also file with the Council the printed form adopted for such purpose of
any fire occurring, and this report shall be presented at the monthly meeting
following occurrence of such fire.
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§ 21-6 BUTLER CODE § 21-6
(7) Have full authority to suspend any member of the Fire Department for just cause
without first going to the members of the Fire Department and asking for their
recommendation to do so. Such member so suspended, however, shall have the
right to appeal the decision of the Chief of the Butler Fire Department to a
committee comprised of at least five past chiefs present to constitute a quorum.
Such members shall have the right to appeal a decision made by this committee to
the Public Safety Committee of the Butler Borough Council within 15 days of the
Former Chiefs Committee.
(8) Upon approval of the Public Safety Committee of the Council, make sure
temporary or urgent repairs or alterations as are necessary and which cannot wait
for the approval of the Council at its next meeting are made.
(9) Be responsible for conducting a minimum of 6 Board of Chiefs meetings
throughout the year to discuss administrative and policy issues and to prepare the
annual operating and capital improvement budgets.
(10) Be responsible for conducting a monthly officer’s meeting to discuss the fire-
matic and administrative issues of the Fire Department.
(11) They will file with the Administrator, Mayor and Council the activities and the
attendance of fires, alarms, drills and work details monthly. The Master
Mechanic’s report of weekly inspections will also be submitted monthly to the
Administrator, Mayor and Council.
B. Duties of the Deputy Chief are as follows:
(1) The Deputy Chief shall see that the orders of the Chief be promptly and
thoroughly executed. The Deputy Chief will report to the Chief during
emergencies and will assume the position given by the Chief.
(2) The Deputy Chief shall take command in the absence of the Department Chief
and assume the same responsibility.
(3) The Deputy Chief will be responsible for participating in all functions of the
duties of Department Chief as part of his preparation for obtaining the position of
Chief.
(4) The Deputy Chief will be in charge of all purchasing and budget expenditures.
The Deputy Chief will obtain the Department Chief’s approval before making any
purchases.
(5) The Deputy Chief will assist the Chief in preparing the annual operating and
capital improvement budgets.
21:9
§ 21-6 BUTLER CODE § 21-6
C. Duties of the Battalion Chief are as follows:
(1) The Battalion Chief shall keep an accurate record of fire, drill, and training man
hours spent for the monthly and the annual reports.
(2) The Battalion Chief will arrange for the training and drills of the fire department.
(3) The Battalion Chief will assist the Chief in preparing the annual operating and
capital improvement budget.
(4) The Battalion Chief will be responsible for reporting to the Master Mechanic all
repairs that are needed for the apparatuses.
D. Duties of Battalion Captains are as follows:
(1) The Captain of each battalion, under the supreme control of the Chief, will have
supervision over their assigned apparatus at all times. He/she shall, under the
same supervision, direct the operation of the members of the department in the
performance of their duties and enforce the rules of the Department in accordance
with the laws adopted by the Council. Upon returning to headquarters, he/she
shall see that the roll is called, absentees noted and a written report of such
promptly submitted to the Chief. He/she shall report to the Incident command at
all fires or alarms of fires, using the form adopted for that purpose.
(2) He/she shall report all needed repairs to the Battalion Chief but shall have no
power to alter any of the apparatus without the permission of the Battalion Chief.
At a fire, the position of the Captain shall be at the origin of the fire directing the
members.
(3) Together both Captains, with the help of the four Lieutenants, will be responsible
for planning the monthly department drills.
E. Duties of Lieutenants are as follows:
(1) The Lieutenant of each apparatus shall be the assistant to the Battalion Captain
and shall be under his/her command. The Apparatus Lieutenant shall be in
command of the apparatus. He/she shall see that the apparatus is safely returned
to the Fire Department headquarters, that nothing has been lost or mislaid while
responding to an alarm and that nothing has been taken from the apparatus while
at headquarters. He/she shall report to their Battalion Captain all those who fail to
respond when called upon to clean apparatus or turn out for drill practice. He/she
shall see that the apparatus is clean and in order, and is ready for the alarm.
(2) Assist captains with planning the monthly department drills.
21:10
§ 21-6 BUTLER CODE § 21-7
F. Duties of Master Mechanic are as follows:
It shall be the duty of the Master Mechanic to make weekly inspections of each apparatus and
to make a monthly written report to the Chief and to keep the apparatus in perfect running
condition. The Master Mechanic shall be responsible for the condition of the apparatus. No fire
fighter is permitted to make any adjustments on any apparatus without the permission of the
Master Mechanic. For these services he shall receive a sum as may be hereafter determined by
resolution.
G. Driver Qualification For Apparatuses
(1) Any member wanting to get qualified to drive fire department apparatuses shall
follow the current SOGs and SOPs pertaining to driver training.
(2) Once the member completes the driver training requirements, the board of chiefs
will perform a road test for the trainee.
§ 21-7. Membership. . [Amended: 3-15-2022 by Ord. No. 2022-01]
A. Qualifications for membership in the Butler Fire Department shall be as follows:
(1) Each applicant shall be a United States citizen and a resident of the Borough of Butler
for at least 6 months, be a current member of a fire department of a contiguous
municipality, or be a municipal employee holding a FFI certificate.
(2) Each Applicant must be able to pass a background check.
(3) Each applicant must pass a physical exam administered by the Department Doctor.
(4) Nonresident membership – in the event that a member of the Fire Department shall
move and no longer reside within the Borough, but lives or works within a five-mile
radius of the Borough, the member may retain membership in the Fire Department upon
recommendation of the Fire Chief and approval of the Mayor and Council.
(5) Must have a valid New Jersey driver’s license. If a member’s driver’s license is
revoked or suspended, the member will report it to the Chief within 24 hours.
(6) Any member of the Butler Fire Department that moves outside of Butler must report it
to the Department Chief with 5 days of their move. Failure to do so may result in
disciplinary action.
B. The department secretary shall submit a notice to the Borough Clerk which includes
the company’s social members, the names of its social officers and the dates of its regular
organization meetings.
C. The Butler Fire Department shall establish a Membership Committee consisting of four (4)
members made up of members with in the Department. This Committee shall establish
objective qualifications for membership according to the requirements of this ordinance. Their
sole responsibility shall be to evaluate applications and determine if the membership criteria
has been met. It shall, within 60 days of receipt of an application, make a report to the Chief
as to whether or not the applicant qualifies for membership. Its decision shall be binding.
21:11
§ 21-7 BUTLER CODE § 21-7
D. Any individual seeking membership in the Butler Fire Department shall fill out an
application for membership available from the Borough Clerk. This application shall be
delivered to the Chairperson of the Department Membership Committee as defined in 21-
7(C). The membership committee shall evaluate the application and report the outcome to
the Department Chief.
E. Chairperson of the Department Membership Committee or other officer designated to
receive applications shall date each application with the time of receipt and shall number
the application according to its order of receipt relative to other applications.
F. Attendance Requirements
(1) Every active firefighter must attend an average of one drill per month and maintain a
minimum quarterly fire call percentage of 50%. Percentage will be calculated by the
number of alarms, drills, and work details. Annually the Board of Chiefs will give the
Mayor and Council a list of work details which will be approved by the Mayor and
Council. Every active firefighter shall also complete all mandatory training and testing, at
the beginning of every year, as prescribed by the Fire Department Policies and Procedures
and PEOSH Standards within the first quarter of each year. A record shall be kept of such
attendance, and it is the duty of the Chief of the Fire Department to report it to the
Borough Council monthly.
(2) Upon written notice to the board of Chiefs the requirements of this section shall be
temporarily suspended for any firefighter who:
a. Is enrolled as a student in a university, college or any educational institution which
requires the firefighter to temporarily reside outside the Borough of Butler, provided that
the firefighter maintains a residence in the Borough of Butler during said absence. This
exemption does not apply during school breaks or recesses. This exemption shall
terminate upon successful completions, graduation and/or termination from said
educational institution. However, at no time will any firefighter under this section be
authorized to respond to any fire call until he/she has completed the requirements of all
mandatory testing and training as prescribed by the Fire Department Policies.
b. Is employed full time by a company or business which obligates the firefighter to reside
outside the State of New Jersey for an indeterminate period of time, provided the
firefighter maintains a residence in the Borough of Butler during said absence. This
exemption shall expire upon the firefighter’s cessation of employment. However, at no
time will said firefighter be authorized to respond to any fire call until he/she has
completed the requirements of all mandatory testing and training as prescribed by the Fire
Department Policies.
21:12
§ 21-8 BUTLER CODE § 21-8
§ 21-8. Levels of Membership and Standards of Efficiency.
The standards of efficiency for members of the Butler Fire Department shall be based upon
the level of membership. The following levels of membership in the Butler Fire Department
and the standards of efficiency for each level shall be as follows:
A. Member in Good Standing
(1) The standard of efficiency in order to qualify as a member in good standing shall
be as follows:
a. Participation in at least 50% of all department functions in accordance
with 21-7F.
b. Adherence to all rules/regulations/policies of the fire department.
c. Compliance with all training requirements of the Butler Fire Department.
(2) Privileges of a member in good standing:
a. Voting privileges.
b. Accidental insurance, life insurance and workers compensation insurance
shall be provided by the Borough of Butler to these members.
B. Member in Good Standing/On Leave
(1) The qualification standards for membership in good standing/on leave and the
limitations to this membership shall be as follows:
a. Membership in good standing/on leave is reserved for a member that has
expressed to the Department Fire Chief a difficulty in satisfying the
criteria of a member in good standing. He/she does not want to be
removed from the department roster, but has expressed a need to be
inactive for a specified period of time due to personal reasons, medical
need, or work or school commitments.
b. In no case shall the member in good standing/on leave be on leave for a
continuous period of more than one year.
c. The member shall be in compliance with all training requirements of the
Butler Fire Department upon return from leave.
d. Any member that has been placed on approved leave from active duty for
medical reasons shall be required to provide a release from a medical
doctor certifying that the member is able to return to active duty. Any
member that is out on approved leave from active duty for medical reason
will be assigned to light duty status unless otherwise directed in writing by
their doctor.
e. The request for leave shall be submitted with a recommendation of the
Department Chief to the Public Safety Committee. The Public Safety
Committee shall review the request and notify the Department Chief of
its decision.
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§ 21-8 BUTLER CODE § 21-8
(2) The standard of efficiency in order to qualify as member in good standing/on
leave shall be as follows:
a. Adherence to all rules/regulations/policies of the fire department.
b. Specific requirements (if any) outlined under the approved leave shall be
met.
(3) A member in good standing/on leave shall be entitled to the following:
a. Voting privileges.
b. Accidental insurance, life insurance and workers compensation insurance
shall be provided by the Borough of Butler to these members.
C. Auxiliary Members
(1). Auxiliary members shall adhere to the requirements and standards as listed in Chapter 21
Fire Department of the Borough of Butler Municipal Codes, with the following exception:
Auxiliary Members are prohibited from entering an IDLH environment as described by OSHA
standard 29 CFR 1910.134.
(2) Auxiliary Members shall be easily identifiably at the scene.
(3) The auxiliary member level of membership will be limited by ordinance to 4 four members
(one members per company), for the year starting 2024. At the discretion of the fire department
starting in 2025, the auxiliary membership may increase by 4 more members, for a total of eight
members (two members per company).
(4) The standard of efficiency in order to qualify as an Auxiliary member shall be as follows:
a. Participation in at least 50% of all department functions in accordance with 21-7F.
b. Adherence to all rules/regulations/policies of the fire department.
c. Compliance with all training requirements of the Butler Fire Department pertaining to
Auxiliary Members.
(5) Privileges of an Auxiliary member:
a. Voting privileges.
b. Accidental insurance, life insurance, and workers compensation insurance shall be
provided by the Borough of Butler to these members.
D. Conditional Membership
(1) The qualification standards for conditional membership and the limitations to this
membership shall be as follows:
a. This status is for members that do not meet the requirements of a member in good
standing or a member in good standing/on leave.
b. Members remaining in the Conditional membership category for twelve consecutive
months will be removed from the roles of the Butler Fire Department.
(2) The privileges for a conditional member shall be limited as follows:
a. Life insurance and workers compensation insurance shall be provided by the Borough
of Butler to these members.
b. These members are not eligible to run for office in the fire department.
c. Conditional members have no voting rights.
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§ 21-8 BUTLER CODE § 21-10
E. Associate Membership
(1) The qualification standards for associate membership and the limitations to this membership
shall be as follows:
a. A retired or disabled member, who so wishes, will be considered for an Associate
Membership. The request for Associate member status shall be submitted with a
recommendation of the Department Chief to the Public Safety Committee. The Public
Safety Committee shall review the request and notify the Department Chief of its
decision.
(2) The privileges for an associate member shall be limited as follows:
a. Associate members that have provided twenty-five (25) years of service in good
standing to the Butler Fire Department shall remain eligible for the Life insurance
benefit offered to the active members of the Butler Fire Department.
b. Associate members have no voting rights.
F.
Reviews of member efficiency shall be performed by the Department Chief every month as a
minimum. Results shall be submitted to the Mayor and Council quarterly. In addition, all
candidates seeking election to an officer’s position in the fire department shall be reviewed
prior to the election. Results of candidates seeking election to an office in the fire department
shall be presented to the Mayor and Council one month prior to the election.
G.
During the first 12 months of membership, all new members shall complete a Fire Fighter One
Class as outlined in the NJ Administrative Code.
§ 21-9. Exemptions.
Exemption papers shall be issued in accordance with N.J.S.A. 40A:14-59.
§ 21-10. Alarms; observance of regulations.
A. All active members shall perform the duties set them by the Chief and as ordered by the
Captain and or Lieutenant of the apparatus.
B. Each member shall, at each alarm of fire, report with all expedition to the firehouse. All
members are required to respond to the firehouses to staff apparatus until all apparatus
have been manned and are on the road. Officers may stop at the scene of the alarm if it is
on their way to the firehouse and no higher-ranking officer has established command at
the scene. In all cases where a firefighter has reported to the scene rather than the
firehouse, he or she shall immediately report to his or her superior.
C. At an alarm of fire, no member shall leave his or her post of duty unless so ordered by his
or her superior officer.
D. The first member of the department arriving at the station after an alarm of fire shall be in
command of the department and shall act in that capacity until the arrival of his or her
superior officer.
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§ 21-10 BUTLER CODE § 21-11
E. In the case of a number of active members arriving at headquarters without any officers
present, the member with the most years of service to the department shall take command
aforesaid.
F. After an alarm of fire, every member shall be expected to return with the apparatus and
shall not leave the headquarters until the roll has been called by the officer in charge and
dismissal given.
G. Members may be excused from returning to headquarters by obtaining permission from
the officer in charge of the scene.
H. Under no condition shall a firefighter leave the apparatus or any position in which he or
she may have been placed while on duty without the permission of the officer in
command, except in case of emergency. Any member failing to obey orders or bringing
and/or consuming alcoholic beverage at a fire or otherwise while on duty shall, if found
guilty by the Chief of the Butler Fire Department, be suspended for a period of not less
than thirty (30) days.
I. No property of the Fire Department shall be taken outside the corporate limits of the
borough without permission of the Council, except as hereinafter provided. Upon
receiving a call for help from any of the adjoining communities, the Chief, in his or her
discretion, shall select such apparatus as he or she may deem necessary to go to the aid of
such communities, but in no instance shall the chief allow the borough to be without
competent fire protection, nor shall he or she allow the fire apparatus to be endangered in
any way by giving such aid. Apparatus wishing to participate in festivities outside the
borough shall receive permission from the Department Chief.
§ 21-11. General provisions.
A. All active members of the department shall be expected to perform the duties prescribed
to them by the officer in charge.
B.
Only games of chance with proper permits in place shall be held in the firehouses. All
others shall be forbidden under penalty of expulsion.
C.
Each social company shall be authorized to adopt bylaws, rules and regulations for the
conduct of such company and the discipline of its members as shall be consistent with
any of the provisions of this chapter. Each social company has provided a current copy
of its bylaws, rules, and regulations to the Borough Clerk. All amendments to the
bylaws, rules and regulations shall be filed with the Borough Clerk within ten (10) days
of adoption.
D. Each member of the Department shall be supplied with a printed copy of this chapter.
Each member shall sign a receipt indicating they have received a copy of this chapter.
.
21:16
Chapter 25
HEALTH, BOARD OF
§ 25-1. Establishment; membership.
§ 25-3. Meetings.
§ 25-2. Powers and duties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
2-17 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47. Board of Health legislation — See Part III of this Code.
§ 25-1. Establishment; membership.
There shall be a Board of Health in the Borough of Butler which shall consist of five
members. The members of the Board of Health who shall be residents and legal voters within
the Borough shall be appointed by the Mayor with the advice and consent of the Borough Council.
Members shall be appointed for a term of five years, except that of the members first appointed
two shall hold office for one year, two for two years and one for three years. Appointments to fill
vacancies shall be made in the same manner as original appointments, and all such
appointments shall be for the unexpired term only.
§ 25-2. Powers and duties.
The Board of Health shall have the power and authority to adopt ordinances relating to the
protection of the health of Borough residents, shall employ necessary personnel and fix their
salaries and shall have under its jurisdiction the Bureau of Vital Statistics of the Borough, the
Health Officer and such other employees as are necessary to carry out its duties. The Board of
Health shall have all of the jurisdiction conferred upon boards of health by N.J.S.A. 26:1-1 et seq.
§ 25-3. Meetings.
The members of the Board shall meet at the Council rooms within 10 days of their
appointments for the purpose of organization and the transaction of business.
25:1
Chapter 30
LIBRARY
ARTICLE I
Trustees of the Free Public Library
§ 30-1. Establishment.
§ 30-2. Membership; terms; alternates.
§ 30-3. Powers and duties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
ARTICLE I
Trustees of the Free Public Library
[Adopted 3-14-1989 by Ord. No. 11-89]
§ 30-1. Establishment.
The free public library of the Borough of Butler under the management of a Board of Trustees
was created by referendum on November 8, 1986, effective January 3, 1989.
§ 30-2. Membership; terms; alternates.
The Board of Trustees of the Free Public Library of the Borough of Butler heretofore
established in the Borough shall continue, and the present members thereof shall continue
until their respective terms expire. The Board of Trustees shall consist of seven members, one
of whom shall be the Mayor and one of whom shall be the Superintendent of Schools. The
other five members shall be appointed by the Mayor with the consent of the governing body,
and at least four of the five citizen members must reside within the Borough. The initial
appointments shall be for terms of one, two, three, four and five years, respectively, as they
may be selected by the Mayor. Upon the expiration of the term of office of any Trustee, the Mayor
shall appoint a citizen for a term of five years in the same manner as the original appointment
was made. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term
only, in the same manner as the original appointments are made. The Mayor and Superintendent
may, respectively, appoint an alternate to act in his place and stead with authority to attend
the meetings and vote on matters before the Board.
§ 30-3. Powers and duties.
The Board of Trustees of the Free Public Library of the Borough of Butler shall:
A. Hold in trust and manage all property of the library.
B. Rent rooms or, when proper, construct buildings for the use of the library.
C. Purchase books, pamphlets, documents, papers and other reading matter.
30:1
§ 30-3
BUTLER CODE
§ 30-3
D. Hire librarians and other necessary personnel and fix their compensation.
E. Make proper rules and regulations for the government of the library.
F. Generally do all things necessary and proper for the establishment and maintenance of a
free public library within the Borough.
G. The Board of Trustees shall annually make a report of its transactions, accounts and the
state and condition of the library to the Council.
30:2
Chapter 33
MUSEUM AND HISTORICAL COMMITTEE
§ 33-1. Creation.
§ 33-2. Powers and duties.
§ 33-3. Membership; terms; compensation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 12-16-1997 by
Ord. No. 1997-27; Amended 7-16-2019 by Ord. No. 2019-14. Amended 4-24-2024 by Ord.
No. 2024-04. Amendments noted where applicable.]
§ 33-1. Creation.
There is hereby created an advisory committee to be known as the "Butler Museum and
Historical Committee."
§ 33-2. Powers and duties.
The mission of the Museum and Historical Committee shall be to advise the Mayor and
Borough Council regarding the operation of the Butler Museum and issues related to the
history of the Borough of Butler.
§ 33-3. Membership; terms; compensation.
A. The Butler Museum and Historical Committee shall be comprised of up to fifteen (15)
members to be appointed by the Mayor with the advice and consent of the Council. The
Committee may provide for mandatory membership obligations and may allow up to four
of its members to serve in a reserve or temporarily inactive capacity under appropriate
circumstances to be established by Committee rules. The quorum for conducting
Committee business may be established by Committee rules.
B. The terms of office of the first members shall be for one, two or three years to be
designated by the Mayor in making his appointments so that the terms of approximately
1/3 of the members will expire each year, and their successors shall be appointed for
terms of three years and until the appointment and qualification of their successors.
C. The members shall serve without compensation.
33:1
Chapter 36
OFFICERS AND EMPLOYEES
ARTICLE I
Defense and Indemnification
§ 36-1. Definitions.
§ 36-2. Defense of actions.
§ 36-2.1. Exceptions.
§ 36-2.2. Methods of providing defense.
§ 36-3. Reimbursement.
§ 36-3.1. Indemnification.
ARTICLE II
Discipline
§ 36-4.
Definitions.
§ 36-5.
Employees subject to discipline.
§ 36-6.
Imposition of discipline.
§ 36-7.
Procedure.
§ 36-8.
Appeals.
ARTICLE III
Residency
§ 36-9.
Domicile and residency requirements.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Interference with Borough officials — See Ch. 85.
Salaries and compensation — See Ch. 47.
ARTICLE I
Defense and Indemnification
[Adopted 4-10-1990 by Ord. No. 1990-81 ]
§ 36-1. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
EMPLOYEE — Includes any officer or employee, whether or not compensated, or part-time
individual member of appointed boards and committees and elected officials, who are
authorized to perform any act or service; provided, however, that the term does not include an
independent contractor.
PUBLIC EMPLOYEE — Any employee or former employee of the Borough.
1. Editor's Note: This ordinance also repealed former Art. I, Defense and Indemnification, adopted 8-18-1981 by Ord.
No. 14-81.
36:1
§ 36-2 BUTLER CODE § 36-2.2
§ 36-2. Defense of actions.
The Borough shall provide for the defense of any civil or criminal action brought against a
public employee for any act directly related to the lawful exercise of official authority in the
furtherance of his or her official duties, and this obligation shall extend to any cross-action,
counterclaims or cross-complaint against such employee.
§ 36-2.1. Exceptions.
The provisions of § 36-2 shall not be applicable when the Borough Council determines that:
A. The act or omission was not directly related to the lawful exercise of official authority in
the furtherance of his or her official duties.
B. The act or failure to act was because of actual fraud, willful misconduct or actual malice.
C. The defense of the action or proceeding is provided for by an insurance policy or
policies, whether obtained by the Borough or by any other person.
D. The public employee failed to deliver to the Borough Clerk, within 10 calendar days
after the time he or she was served with the summons, complaint, process, notice,
demand or pleading, the original or a copy of the same.
E. The public employee has failed to cooperate fully with the defense.
F. The action is a disciplinary proceeding instituted against the employee by the Borough or
is a criminal proceeding instituted as a result of a complaint on behalf of the Borough. If,
however, any such disciplinary or criminal proceeding instituted by or on behalf of the
Borough is dismissed or finally determined in favor of the employee, the employee shall
be reimbursed for the expense of his or her defense.
§ 36-2.2. Methods of providing defense.
The Borough may provide any defense required of it under this Article through the Borough
Attorney or through the retention of another attorney. The cost of retention of an outside
attorney shall be provided when the defense of the action or proceeding creates a conflict of
interest between the Borough and the public employee.
A. When the Borough provides any defense required of it under this Article through the
Borough Attorney, the Borough may assume exclusive control over the representation of
the public employee, and such employee shall cooperate fully with the defense.
B. The Borough Council may approve the retention of an outside attorney in accordance
with the following conditions:
(1) The employee does not have the right to an attorney of his or her choice at
Borough expense. However, the Borough Council may approve of an attorney
requested by the employee.
(2) The attorney retained by the Borough shall provide a written retainer agreement
and shall submit an affidavit of services rendered prior to payment.
36:2
§ 36-2.2
OFFICERS AND EMPLOYEES
§ 36-3.1
(1) Nothing in this section shall prevent an employee from retaining an attorney of the
employee's choice at his or her own expense, without reimbursement from the Borough.
A. Borough Attorney responsibilities; possible conflicts.
(1) When the outside attorney is retained, the Borough Attorney shall be directly
involved with the public employee's attorney concerning any recommendation for
settlement of a civil lawsuit. The Borough Attorney shall then present any
recommendation of settlement, which must be in the best interest of the Borough, to
the Borough Council for its approval.
(2) Where a possible conflict exists between the Borough and the public employee,
acting within the scope of his official Borough duties, and where both are named as
parties in the same civil lawsuit, the Borough Attorney may decline any involvement in
the matter.
(3) In circumstances involving litigation or other legal proceedings between two public
employees qualifying for the privileges granted herein, the Borough Attorney will
not be required to represent or otherwise participate on behalf of either party.
§ 36-3. Reimbursement.
A. Where the employee is not provided with a defense as a result of a determination that the
exceptions set out in Subsection A, B or F of § 36-2.1 are applicable, the employee shall be
entitled to reimbursement of legal expenses when:
(1)
The legal action is dismissed or finally determined in favor of the employee; and
(2)
The Borough Council is notified within 30 days of the termination of the
proceeding and a signed attorney's affidavit of service is provided.
B. The Borough will reimburse only an amount the Borough Council determines to be reasonable,
even if the attorney fees to be paid by the employee are greater than that amount. The
Borough, under no circumstance, will be liable to the private attorney; rather, the
Borough will directly reimburse the employee.
§ 36-3.1. Indemnification.
A. In any case where the Borough is required to provide a defense or where the employee is
entitled to defense reimbursement under this Article, the Borough shall pay or shall reimburse
the public employee for:
(1) Any bona fide settlement agreements entered into by the employee, provided that the
procedures set out in this Article have been complied with.
(2) Any judgments entered against the employee.
B. In addition, in any case where the Borough would be required to provide a defense under this
Article, except for the fact that such defense is provided for by insurance, the
36:3
§ 36-3.1 BUTLER CODE § 36-5
Borough shall provide indemnification as aforesaid, but only to the extent not covered by
insurance. Nothing in this Article shall authorize the Borough to pay for punitive or
exemplary damages or damages resulting from the commission of a crime, except the
Borough may indemnify an employee for exemplary or punitive damages resulting from
the employee's civil violation of state or federal law, if, in the opinion of the Borough
Council, the acts committed by the employee upon which the damages are based did not
constitute actual fraud, actual malice, willful misconduct or intentional wrong.
ARTICLE II
Discipline
[Adopted 3-13-1990 by Ord. No. 1990-7]
§ 36-4. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
DEPARTMENT SUPERVISOR —
The individual charged with the supervision and
monitoring of all activities and employees within a given department.
EMPLOYEE — A person appointed to a permanent position created within a specific
department or position created by the Borough.
MAJOR DISCIPLINARY ACTION — Includes:
A. Removal.
B. Disciplinary action.
C. Suspension or fine for more than five working days at any one time.
D. Suspension or fine for five working days or fewer where the aggregate number of days
suspended or fined in any one calendar year is 15 working days or more.
E. The last suspension or fine where an employee receives more than three suspensions or fines of
five working days or fewer in a calendar year.
MINOR DISCIPLINARY ACTION — Includes:
A. A formal written reprimand.
B. A suspension or fine of five working days or fewer.
§ 36-5. Employees subject to discipline.
Any employee who shall violate any statute of the State of New Jersey or any ordinance, rule or
regulation promulgated by the Borough of Butler regulating the performance and conduct of
Borough employees; or who shall be charged with an act of insubordination; or who shall otherwise
act in a manner inconsistent with that becoming a Borough employee, whether committed on or
off duty, shall be subject to the procedures herein established for the
36:4
§ 36-5
OFFICERS AND EMPLOYEES
§ 36-8
discipline, suspension and termination of Borough employees. Disciplinary action in all cases
will be decided on the merits of each case.
§ 36-6. Imposition of discipline.
A. No discipline shall be imposed on an employee, except through the procedures set out in
this Article, except that nothing contained in this Article shall preclude an immediate
suspension pursuant to N.J.S.A. 11A:2-13.
B. No discipline shall be imposed until such time as all hearings and appeals to which the
employee is entitled under this Article or state law have been concluded.
§ 36-7. Procedure.
A. Before any disciplinary action is taken against an employee, the department supervisor of the
employee shall notify the employee in writing of the charges against him.
B. Every employee is entitled to a hearing prior to the imposition of disciplinary action.
(1) The hearing officer shall be the department supervisor or another person
designated by the Borough Administrator.
(3) The hearing shall be held within 30 days from the date the employee is given
notice, unless the employee and the hearing officer agree to an adjournment.
(4) The hearing shall be informal in nature. The procedure used shall be within the discretion
of the hearing officer. The employee may be represented by an attorney or authorized
union representative.
(4) The hearing officer shall render a decision within 20 days after the hearing and shall
furnish the employee with written notice of the decision.
§ 36-8. Appeals.
A. Appeals of major disciplinary action are to the Merit System Board pursuant to N.J.S.A.
11A:2-14 et seq.
B. An employee subject to minor disciplinary action is entitled to an appeal before the
Borough Administrator.
(1) If the employee wishes to appeal to the Borough Administrator, he or she shall
submit a written request for a hearing to the Borough Administrator within 20 days of
receipt of the hearing officer's decision.
(2) The appeal hearing shall be a de novo review and shall be informal in nature. The
procedure used shall be within the discretion of the Borough Administrator. The
employee may be represented by an attorney or an authorized union representative.
36:5
§ 36-9
BUTLER CODE
§ 36-9
ARTICLE III
Residency
[Adopted 12-11-1990 as Sec. 2 of Ord. No. 1990-27]
§ 36-9. Domicile and residency requirements.
Domicile or residence within the Borough of Butler shall not be required of any officer or
employee of the Borough of Butler except:
A. Where domicile or residence within the Borough is required by state law; or
B. Where the Borough Council, by ordinance creating the position or otherwise, expressly
makes domicile or residence a qualification for the position.
36:6
Chapter 40
POLICE DEPARTMENT
§ 40-1.
Establishment; composition.
§ 40-2.
Use of dogs.
§ 40-3.
Appointment.
§ 40-4.
(Reserved)
§ 40-5.
Qualifications for appointment.
§ 40-6.
Oath of office.
§ 40-7.
Uniforms.
§ 40-8.
Duties and responsibilities of Chief of Police.
§ 40-8.1. Interference with police operations.
§ 40-9.
Members responsible for enforcement.
§ 40-10. Conduct of members.
§ 40-11. Use of liquor; smoking.
§ 40-12. Absences from duty; resignation.
§ 40-13. Discipline.
§ 40-14. Adoption of rules and regulations.
§ 40-15. Chaplain.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as
Section2-11 of the Revised General Ordinances of 1976. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Interference with Borough officials — See Ch. 85.
Salaries and compensation — See Ch. 47.
Police escort service — See Ch. 173.
Special law enforcement officers — See Ch. 55.
§ 40-1. Establishment; composition. [Amended 8-19-1980 by Ord. No. 80-17; 8-18-1992
by Ord. No. 1992-12; 2-7-2006 by Ord. No. 2006-2; 12-21-2010 by Ord. No. 2010-13A; 3-18-
2014 by Ord. No. 2014-3]
A Police Department be and is hereby established for the Borough to consist of a Chief of
Police, two Lieutenants of Police; up to four Sergeants of Police, who shall be patrol supervisors;
and up to ten patrol officers.
§ 40-2. Use of dogs.
The Council may, from time to time, by resolution authorize the Department to procure one or
more dogs to assist with appropriate police functions. Any such dog shall be properly trained
and tested and approved by the Chief of Police before being actively used by any member of
the Police Department pursuant hereto.
§ 40-3. Appointment. [Amended 8-18-1992 by Ord. No. 1992-12]
All appointments to the Police Department shall be made in conformance with Chapter 4 of
the Revised General Ordinances of the Borough of Butler and the rules and regulations of the
New Jersey Department of Personnel.
40:1
§ 40-4 BUTLER CODE § 40-7
§ 40-4. (Reserved) 1
§ 40-5. Qualifications for appointment. [Amended 12-11-1990 by Ord. No. 1990-27;
8-18-1992 by Ord. No. 1992-12; 4-21-1998 by Ord. No. 1998-12; 5-17--2022 by Ord. No.
2022-19]
Except as otherwise set for the herein, appointments to the Police Department shall be made in
accordance with applicable law from lists of eligible candidates provided to the Borough by the
New Jersey Department of Civil Service.
Appointments of entry level police officers may, in the sole discretion of the appointing authority,
be made in accordance with the provisions of N.J.S.A. 11A:4-1.3 which allows for the hiring of
an entry-level police officer without taking a Civil Service exam if they meet the criteria contained
in N.J.S.A. 11A:4-1.3
Applicants for appointment to positions in the Police Department shall be classified pursuant to
N.J.S.A. 40A:14-123.1a in the following classes:
A. Residents of the Borough of Butler.
B.
Other residents of the County of Morris.
C. Other residents of the State of New Jersey.
D. All other qualified applicants.
§ 40-6. Oath of office.
Every member of the Police Department, before entering upon the performance of his duties, shall
take and subscribe an oath or affirmation to faithfully and impartially discharge the duties of
the office and shall sign the police register. The oath or affirmation shall be filed with the Clerk
of the Borough.
§ 40-7. Uniforms.
Members of the Police Department, while on duty, shall wear full regulation uniform adopted
by the Council, unless detailed in civilian dress by the Chief of Police.
1. Editor's Note: Former § 40-4, Special officers, as amended 8-19-1980 by Ord. No. 80-17, was repealed 5-3-1988 by
Ord. No. 9-88. For current provisions dealing with special law enforcement officers, see Ch. 55.
40:2
§ 40-8 BUTLER CODE § 40-8
§ 40-8. Duties and responsibilities of Chief of Police. [Amended 10-20-1981 by Ord. No.
21-81; 6-21-1983 by Ord. No. 11-83]
A. The Chief of Police shall be the head of the Police Department, shall be responsible to
the Municipal Administrator and the governing body of the Borough of Butler for the
efficiency and day-to-day operations thereof and he shall, pursuant to policies established
by the governing body:
(1) Administer and enforce rules and regulations established by the governing body for
the disposition and discipline of the force and its officers and personnel.
(2) Have, exercise and discharge the functions, power and duties of the force.
(3) Prescribe the duties and assignments of all subordinates and other personnel within
the Department.
(4) Administer the work of the force through the divisions and such other units of
administration as he may find necessary or desirable.
(5) Delegate such of his authority as he may deem necessary for the efficient operation of
the force to be exercised under his discretion and supervision.
(6) Report, at least monthly, to the Municipal Administrator in such form as shall be
prescribed by the Municipal Administrator on the operation of the force during the
preceding month and make such other reports as may be requested by the
Municipal Administrator.
B. In the event of a vacancy in the office of Chief of Police, or in the absence of the Chief, the
duties of Chief shall be performed by a member of the Department designated by the Municipal
Administrator and confirmed by the governing body until the vacancy is filled or the Chief
returns to duty.
40:3
§ 40-8 POLICE DEPARTMENT
§ 40-8.1
C. Special assignments.
(1) The Chief shall have responsibility for the receipt of applications from property
owners or organizations in the Borough who request the assignment of police for the
purpose of extraordinary traffic control or security assistance beyond that which
is regularly provided in the case of carnivals, fairs, sports events, social events or
other special events or functions. Upon their application to the Chief, he shall assign
such members of the Police Department as shall be required for such special detail.
(2) The members of the Police Department so assigned shall be compensated in
accordance with the rate provided for such duty in the Salary Ordinance of the Borough.2
Following completion of the services above-described, the Borough Clerk shall
issue a bill to the property owners or organization utilizing such services. The fee
to be charged by the Borough Clerk shall be the amount required to compensate such
members of the Police Department and pay administrative costs in accordance with
the Salary Ordinance of the Borough of Butler and other applicable laws and
regulations. No member of the Police Department shall undertake any such special
assignment except pursuant to the direction of the Chief of Police.
(3) Upon being assigned to such duty, any member of the Department shall have the right
to refuse the assignment; provided, however, that the Chief may assign any member after
he has determined that no member wishes to serve on a voluntary basis.
§ 40-8.1. Interference with police operations. [Added 10-20-1981 by Ord. No. 21-81;
amended 6-21-1983 by Ord. No. 11-83]
No member of the Council or the Mayor or the Municipal Administrator shall, other than in
the performance of the duties of his office, seek to influence the operations of the police force
or the official acts of any police officer nor attempt to influence the appointment or removal
of any person as a police officer nor attempt to interfere in any way with the performance by
such officers of their duties. The Mayor and Council and the Municipal Administrator and all
executive and administrative officers of the municipality shall deal with the day-to-day operations
of the police force solely through the Chief of Police, and shall not seek to direct individual
police officers, either publicly or privately, except through the established line of authority.
Nothing herein contained shall prevent the appointment by the Mayor and Council of
committees or commissions to conduct investigations of the operations of the police force and
the delegation to such committees or commissions of such power of inquiry as the Mayor and
Council deem necessary. Nothing herein contained shall prevent the Police Committee or any
executive or administrative officer charged with general administrative responsibilities within
the municipality from examining at any time the operations of the police force or the
performance of any officer or member thereof.
2. Editor's Note: See Ch. 47, Salaries and Compensation.
40:4
§ 40-9 BUTLER CODE § 40-12
§ 40-9. Members responsible for enforcement.
The members of the Police Department shall be held responsible for the proper enforcement
of all ordinances of the Borough and laws of the state. They shall arrest, without warrant, any
person or persons who in their presence shall violate any laws or ordinances and shall
promptly execute all warrants and serve all court orders issued to them and such other papers
as required of them to be served within the limits of the Borough; they shall patrol the streets
of the Borough at such times and on such routes and perform such other police duty and
service as may be assigned to them by the Chief of Police.
§ 40-10. Conduct of members.
The members of the Police Department shall be courteous and considerate in all their dealings
with the public at all times and exercise vigilant watchfulness over the safety and welfare of
all persons and property within the limits of the Borough. In enforcing the law, no more force
shall be used than is warranted by the exigencies of each particular case.
§ 40-11. Use of liquor; smoking.
Every member of the police force shall refrain from the use of intoxicating liquors and shall
not smoke while on duty in uniform. They shall not enter any public building or private house
except in the discharge of their official duty.
§ 40-12. Absences from duty; resignation.
A. No member of the Police Department shall leave the Borough without permission of the
Chief of Police or, in his absence, the officer in charge.
B. No member of the Police Department shall be absent from duty without first securing
leave from the Chief of Police or, in his absence, the officer in charge. Failure to secure such
permission shall be deemed "absence without leave," and subject the offender to loss of
pay during absence and charges.
40:5
§ 40-12 POLICE DEPARTMENT § 40-15
C. Unexplained absence of any member of the Police Department for five consecutive days shall
be deemed and held as resignation of such member and recognized as such.
D. No member of the Police Department shall be allowed to resign while charges are
pending against him except by permission of the Mayor and the Police Committee.
§ 40-13. Discipline. [Added 3-13-1990 by Ord. No. 1990-63 ]
A. The appropriate authority for the discipline and removal of members of the Police Department
shall be the Municipal Administrator or his designee. The procedures for discipline of
Borough employees set out in Chapter 36 of the Code of the Borough of Butler shall to
Police Department employees.
B. No member of the Police Department shall be removed from office or employment for
political reasons or for any cause other than incapacity, misconduct or disobedience of
rules and regulations established for the governing of the Police Department.
§ 40-14. Adoption of rules and regulations. [Added 3-13-1990 by Ord. No. 1990-64 ]
The appropriate authority for the promulgation of the rules and regulations of the Police
Department is the Borough Council. The Council, by resolution, from time to time as may be
necessary, shall adopt and amend rules and regulations for the government and discipline of
the Police Department and members thereof. Said rules and regulations shall fix and provide
for the enforcement of penalties for the violation of such rules and regulations. The members
of the Police Department shall be subject to such rules, regulations and penalties and the laws
of this state and the ordinances and regulations of the Borough.
§ 40-15. Chaplain. [Added 12-19-2000 by Ord. No. 2000-29]
There is hereby established the position of Chaplain to the Police Department of the Borough
of Butler. The Mayor may, with the consent of the Council, appoint an ordained clergyman in
good standing in the religious body from which he or she is ordained to serve as Chaplain to
the Police Department. The individual appointed shall serve at the pleasure of the Mayor and
Council. The Chaplain shall become a member of the Butler Police Department, but shall
serve without rank and without salary.
3. Editor's Note: This ordinance also repealed former § 40-13, Removal from office or employment, and § 40-14,
Adoption of rules and regulations.
4. Editor's Note: This ordinance also repealed former § 40-13, Removal from office or employment, and § 40-14,
Adoption of rules and regulations.
40:6
Chapter 42
PUBLIC WORKS, DEPARTMENT OF
§ 42-1. Establishment; purpose and responsibilities.
§ 42-2. Divisions.
§ 42-3. Chain of command.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 8-21-1984 by
Ord. No. 15-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 36.
Sewerage Authority — See Ch. 50.
§ 42-1. Establishment; purpose and responsibilities.
There is hereby established within the Borough of Butler the Department of Public Works.
The purpose of and the responsibility of the Department of Public Works shall be the proper
and safe operation of the electric utility, the water utility and the sanitary sewer system, as
well as the maintenance and upgrading of all streets, storm sewers, Borough-owned property
and all Borough-owned automotive or construction equipment.
§ 42-2. Divisions.
Within the Department of Public Works there shall be the following divisions:
A. Division of Electricity.
B. Division of Water.
C. Division of Sanitary Sewer.
D. Division of Streets and Roads.
§ 42-3. Chain of command.
A. The Department of Public Works shall be under the direction and supervision of the
Director of Public Works, who shall be appointed by the Mayor and Council. The
Director of Public Works shall be responsible to the Mayor and Council for the proper
operation of the Department. All division heads shall be responsible to and report to the
Director of Public Works.
B. The head of the Electric Division shall be the Electric Foreman, and all personnel
assigned to the Electric Division shall be responsible to and report to the Electric
Foreman.
42:1
§ 42-3
BUTLER CODE
§ 42-3
C. The head of the Water Division shall be the Chief Water Treatment Plant Operator, who
shall be licensed by the State of New Jersey to permit his operation of the Borough's
water system, and all personnel assigned to the Water Division shall be responsible
to and report to the Chief Water Treatment Plant Operator.
D. The head of the Sanitary Sewer Division shall be the Chief Sewerage Treatment Plant
Operator, who shall be licensed by the State of New Jersey to permit his operation of the
Borough's sewer system, and all personnel assigned to the Sanitary Sewer Division shall
be responsible to and report to the Chief Sewerage Treatment Plant Operator.
E. The Division of Streets and Roads shall be headed by the Public Works Foreman, and
all personnel assigned to the Division of Streets and Roads shall be responsible to and
report to the Public Works Foreman.
42:2
Chapter 43
BUILDING CONSTRUCTION AND CODE ENFORCEMENT,
DEPARTMENT OF
§ 43-1. Establishment; purpose and responsibility.
§ 43-2. Divisions.
§ 43-3. Organization.
§ 43-4. Establishment of positions.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 11-12-1990 by
Ord. No. 1990-22. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Uniform construction codes — See Ch. 101.
Officers and employees — See Ch. 36.
Land use — See Ch. 143.
§ 43-1. Establishment; purpose and responsibility.
There is hereby established within the Borough of Butler the Department of Building Construction
and Code Enforcement. The purpose of and the responsibility of the Department of Building
Construction and Code Enforcement shall be the enforcement of the Construction Codes, all
subcodes and the Zoning Ordinance of the Borough of Butler.1 The Department of Building
Construction and Code Enforcement shall also be responsible for handling the administrative and
clerical needs of the Planning Board and the Board of Adjustment.
§ 43-2. Divisions.
Within the Department of Building Construction there shall be the following divisions:
A. Fire Subcode.
B. Building Subcode.
C. Plumbing Subcode.
D. Electrical Subcode.
E. Zoning Code Enforcement.
§ 43-3. Organization.
The Construction Official shall be the designated supervisor for the Department of Building
Construction and Code Enforcement. The subcode positions, the Zoning and Code
Enforcement Officer and the Control Officer shall report directly to the Construction Official.
1. Editor's Note: See Ch. 101, Construction Codes, Uniform, and Part 6 of Ch. 143, Land Use.
43:1
§ 43-4
BUTLER CODE
§ 43-4
§ 43-4. Establishment of positions.
A. The positions of Construction Official, Building Subcode Official, Plumbing Subcode Official,
Electrical Subcode Official and Fire Protection Subcode Official have previously
been established in § 101-1 of the Revised Code of the Borough of Butler.
B.
There is hereby established the position of Zoning and Code Enforcement Officer. The
Zoning and Code Enforcement Officer shall have the responsibility for the enforcement
of the Zoning Ordinance of the Borough of Butler.
C.
There is hereby established the position of Control Officer. The Control Officer shall
have the responsibility of handling the administrative duties of the Construction Official
and Subcode Officials.
D. There is hereby established the position of Administrative Officer. The Administrative Officer
shall handle the administrative and clerical responsibilities for the Planning Board, the
Board of Adjustment and the Zoning and Code Enforcement Officer.
43:2
Chapter 44
RECREATION COMMISSIONERS, BOARD OF
§ 44-1.
Establishment.
§ 44-2.
Appointment of members.
§ 44-3.
Term of membership; compensation.
§ 44-4.
Chairman.
§ 44-5.
Acquisition and selection of lands; surveys and maps.
§ 44-6.
Authorization for acquisition of lands.
§ 44-7.
Fund-raising to meet operating costs.
§ 44-8.
Regulation of recreation lands.
§ 44-9.
Budget.
§ 44-10. Money for purchase to be raised by taxation or bonds; maintenance of special
fund.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section
2-20 of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 47. Parks and recreation areas — See Ch. 168.
§ 44-1. Establishment.
Pursuant to N.J.S.A. 40:12-1 et seq. and such subsequent statutes in such case as may from
time to time be provided, there is hereby established a Board of Recreation Commissioners.
§ 44-2. Appointment of members. [Amended 11-18-2014 by Ord. No. 2014-14.]
The Board of Recreation Commissioners shall consist of seven (7) persons appointed
by the Mayor and up to two (2) alternate members appointed by the Mayor.
§ 44-3. Term of membership; compensation.
The Commissioners first appointed shall be appointed for terms of one, two, three, four and
five years, respectively, and thereafter all appointments shall be for the term of five years. The
additional Commissioners appointed to increase the Board from five to seven members shall
be appointed one for a four-year term and one for a five-year term, and thereafter for terms of five
years. Any vacancies shall be filled for the unexpired term only. The members shall serve until
their respective successors are appointed and shall qualify. The members shall receive no
compensation for their services.
44:1
§ 44-4
BUTLER CODE
§ 44-6
§ 44-4. Chairman.
The Board of Recreation Commissioners shall select one of their number as Chairman of the
Board for a term of one year.
§ 44-5. Acquisition and selection of lands; surveys and maps.
A. The Board of Recreation Commissioners may acquire lands for public playgrounds and
recreation places, by gift or purchase only if such acquisition is first approved by the
Mayor and Borough Council, and it shall from time to time select lands for public playgrounds
and recreation places and, when deemed necessary or advisable by such Board, select
lands for an approach or approaches by way of ingress thereto and egress therefrom of
such size and dimensions as they shall think suitable, regard being had to the population
of the neighborhood.
B. They shall cause surveys and maps to be made thereof, together with a careful estimate, as
nearly accurate as may be, of the probable costs of acquiring such lands, and a
statement of the annual rental and duration of term, if it is proposed to lease the same,
together with an estimate of the cost of preparing such lands and suitably equipping the same
by the erection of buildings, stands, seats and other structures and apparatus for such
playgrounds and recreation places.
C. Such surveys, maps and estimates shall be submitted to the Mayor and Borough Council with
a request that an appropriation be made for the purpose of acquiring or leasing such lands,
as the case may be, and suitably preparing and equipping the same.
§ 44-6. Authorization for acquisition of lands.
A. If the Mayor and Borough Council authorize by resolution the acquisition of such lands
and appropriate a sum for the purchase and equipment thereof, or authorize the leasing
thereof and appropriate a sum for the equipment thereof, the Board shall proceed to
acquire the same by purchase, condemnation or lease, as the case may be, and suitably
prepare and equip the same for a playground and recreation place, or approach thereto.
B. If the Board is unable to agree with the owner or owners as to the price and terms of
purchase, or if, by reason of any legal disability, or the absence of any owner or owners
thereof, or for any other cause, and agreement for the purchase of such lands or any part
thereof, or any rights or interest therein cannot be made, the Board may cause such lands
or any rights or interests therein to be condemned and taken on behalf of the Borough,
and the compensation to be made therefor shall be ascertained and paid or tendered in
the manner provided in Chapter I of the title Eminent Domain.1
C. The Board may cause any lands so acquired to be laid out and improved as a public
playground, recreation place or an approach thereto.
D. The title to all lands acquired or taken hereunder shall vest in the Borough, and all leases
of land for such purpose shall be in the name of the Borough of Butler.
1. Editor's Note: See N.J.S.A. 20:1-1 et seq.
44:2
§ 44-7
RECREATION COMMISSIONERS, BOARD OF
§ 44-9
§ 44-7. Fund-raising to meet operating costs.
A. In order to provide the funds, in whole or in part, necessary to improve, maintain and
police the playgrounds or recreation places under its control, the Board of Recreation
Commissioners may arrange and provide for the giving of exhibitions, plays, concerts, games
and contests and may use and employ such playgrounds or recreation places for the purpose
of giving thereon exhibitions, plays, concerts, games and contests.
B. The Board may charge and collect a reasonable admission fee for each person entering
such playground or recreation place as a spectator during the time or times when the
same is being used or employed for such purposes, but shall not use or employ any such
playground or recreation place for such purpose for a greater period than a ratio of one
hour to every two hours in each day during which the playground or recreation places are
utilized nor more than 16 hours in any one calendar week, and when any such
playground or recreation place is used for such purpose, no admission fee shall be
charged or collected from children under 12 years of age.
C. The Board of Recreation Commissioners may charge and collect a reasonable service
charge from persons using, as participants, special areas and facilities which require
special maintenance and the use of which is restricted to relatively few people, in order
to assist in the meeting of the operating costs thereof in whole or in part.
§ 44-8. Regulation of recreation lands.
A. Administration. The Board of Recreation Commissioners shall have full control over all
lands, playgrounds and recreation places acquired or leased pursuant to law and the provisions
of this chapter, and may adopt suitable rules, regulations and bylaws for the use thereof,
and the conduct of all persons while on or using the same. Any persons who shall violate any
of such rules, regulations or bylaws shall be deemed and adjudged to be a disorderly person.
B. Enforcement. The custodians, supervisors and assistants appointed by the Board shall,
while on duty and for the purpose of preserving order and the observance of the rules,
regulations and bylaws of the Board, have all the power and authority to enforce such
rules and regulations.
C. Personnel. The Board may appoint a Secretary or Clerk and such number of custodians,
supervisors and assistants for the several playgrounds and recreation places under its
control as it shall think necessary and fix and determine their salaries, if any.
§ 44-9. Budget.
A. Each year the Board of Recreation Commissioners shall develop a budget for the ensuing
calendar year and present the same to the Mayor and Borough Council on or before
November 1, which budget shall give the details of the moneys considered necessary to
carry out the recreational program and show the amount allocated for the various
required services.
44:3
§ 44-9
BUTLER CODE
§ 44-10
B. The Mayor and Council shall consider the budget and may approve or disapprove the
same, in whole or in part, and shall annually fix, determine and appropriate a sum
sufficient for the care, custody, policing and maintenance of such playgrounds and recreation
places, and for the expenses of the Board of Recreation Commissioners, which shall be raised
by taxation in the same manner as other taxes.
§ 44-10. Money for purchase to be raised by taxation or bonds; maintenance of special
fund.
A. The money necessary to pay for lands purchased or condemned for such playgrounds and
recreation places and for providing and equipping the same, from time to time, may be
raised and provided by the Board or body having control of the finances by general
taxation, as other taxes are raised and levied, or by the issuance of temporary loan bonds, or
by the issuance of permanent bonds. All such bonds or other obligations shall be issued
and paid in the manner provided by N.J.S.A. 40:1-1 et seq.2
B. All moneys received by the Board shall be paid over to the Municipal or County
Treasurer and be by him kept in a special fund, which fund shall be under the control of
the Board and used only for the purpose of defraying the expenses of improving, maintaining
or policing the playgrounds and recreation places and for the other expenses of the Board.
2. Editor's Note: N.J.S.A. 40:1-1 et seq. has been repealed. For current provisions, see N.J.S.A. 40A:2-1 et seq.
44:4
Chapter 47
SALARIES AND COMPENSATION
[The salaries and compensation of the officers and employees of the Borough of Butler
are established by the Mayor and Council in the annual Salary Ordinance, copies of
which are on file in the office of the Borough Clerk and are available for examination
during regular office hours.]
GENERAL REFERENCES
Administration of government — See Ch. 4. Police Department — See Ch. 40.
Fire Department — See Ch. 21.
Board of Recreation Commissioners — See Ch. 44.
Board of Health — See Ch. 25.
47:1
Chapter 49
SENIOR RADIO DISPATCHER
§ 49-1. Establishment.
§ 49-2. Duties.
§ 49-3. Qualifications.
§ 49-4. Appointment.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 3-19-1985 by
Ord. No. 85-4. Amendments noted where applicable.]
§ 49-1. Establishment.
There is hereby established the position of Senior Radio Dispatcher.
§ 49-2. Duties.
The duties of the position of Senior Radio Dispatcher shall be to take charge of the Borough's
dispatchers for the purpose of establishing appropriate work schedules for all dispatchers;
making certain that the procedures established by the Borough for dispatchers is in fact
followed and that all appropriate records and reports are prepared and submitted in a timely
fashion, as well as such other duties as may be assigned.
§ 49-3. Qualifications.
Any person appointed to the position of Senior Radio Dispatcher shall have, as a minimum,
the following qualifications:
A. One year of experience in performing radio dispatching work.
B. Considerable knowledge of the laws, rules, regulations, standards, policies and
procedures of the Federal Communications Commission.
B.
Ability to read, write, speak and understand English sufficiently to perform the duties of
this position; to work harmoniously with others and to organize assigned work and
develop effective work methods; to understand, remember and carry out oral and written
directions; to learn quickly from written and oral explanations and demonstrations.
D. Good health and freedom from disabling physical and mental defects which would impair
the proper performance of the required duties or which might endanger the health and
safety of oneself or others.
§ 49-4. Appointment.
The Borough Council shall, upon the recommendation of the Mayor, appoint one person to fill
the position of Senior Radio Dispatcher.
49:1
Chapter 50
SEWERAGE AUTHORITY
ARTICLE I
Pequannock River Basin Regional Sewerage Authority
§ 50-1. Creation.
§ 50-2. Powers and duties.
§ 50-3. Appointment of members.
§ 50-4 Filling of provisions.
ARTICLE II
Service Contract With Pequannock, Lincoln Park and Fairfield Sewerage Authority
§ 50-5. Adoption of rules and regulations.
§ 50-6. Violations and penalties; Enforcement.
§ 50-7. Disposition of moneys.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 191. Individual sewage disposal systems — See Ch. 260.
ARTICLE I
Pequannock River Basin Regional Sewerage Authority 1
[Adopted as Section 2-21 of the Revised General Ordinances of 1976]
§ 50-1. Creation.
Pursuant to the provisions of N.J.S.A. 40:14A-4, there is hereby created a public body
corporate and politic under the name and style of the "Pequannock River Basin Regional Sewerage
Authority."
§ 50-2. Powers and duties.
The Pequannock River Basin Regional Sewerage Authority is and shall be an agency and
instrumentality of the participants created by parallel ordinances duly adopted by their
governing bodies and is a sewerage authority as contemplated and provided for by the
Sewerage Authorities Law and shall have and exercise all of the powers and perform all of
the duties provided for by the Sewerage Authorities Law and any other statutes heretofore or
hereafter enacted and applicable thereto.
1. Editor's Note: Ordinance No. 16-87, adopted 10-20-1987, provided as follows:
"NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Butler, County of Morris
and State of New Jersey, that the agreement providing for the operation and maintenance of the various interceptor sewer
lines located in the Boroughs of Butler and Bloomingdale, a copy of which is on file in the Clerk's Office, be executed
by the Mayor and Clerk in accordance with the provisions of the law."
Said ordinance also superseded former Ord. No. 1-85, adopted 3-5-1985, which also authorized the Borough to enter
into a new agreement with the Authority.
50:1
§ 50-3 BUTLER CODE § 50-6
§ 50-3. Appointment of members.
The Pequannock River Basin Regional Sewerage Authority shall consist of six members
thereof, who shall serve without salary, two of such members shall be appointed by the
governing body of each of the participants, all in accordance with the provisions of N.J.S.A.
40:14A-4(c).
§ 50-4. Filling of provisions.
A copy of Ordinance No. 5752 duly certified by the Borough Clerk shall forthwith be filed by
the Borough Clerk in the office of the Secretary of State of the State of New Jersey.
ARTICLE II
Service Contract With Pequannock, Lincoln Park and Fairfield Sewerage Authority
[Adopted 4-15-1986 by Ord. No. 7-86]
§ 50-5. Adoption of rules and regulations.
The Mayor and Council of the Borough of Butler, in the County of Morris, State of New
Jersey, as the governing body thereof, does hereby determine that there exists a need and a
requirement to provide an efficient means for the enforcement of rules and regulations
regulating the making of connection to and regulating the discharge into the primary sewer system
operated by the Pequannock, Lincoln Park and Fairfield Sewerage Authority, pursuant to the
provisions of N.J.S.A. 40:14A-23 and Section 701 of the service agreement between the
Pequannock River Basin Regional Sewerage Authority and the Pequannock, Lincoln Park and
Fairfield Sewerage Authority. The Borough of Butler hereby adopts said rules and regulations
which are enumerated at length in a document entitled "Rules and Regulations Governing the
Discharge of Sewage, Industrial Wastes or Other Wastes Into the Pequannock, Lincoln Park
and Fairfield Sewerage Authority System and All Sewers Tributary Thereto," adopted on
April 5, 1978, and amended January 11, 1984, by the Pequannock, Lincoln Park and Fairfield
Sewerage Authority by resolutions.
§ 50-6. Violations and penalties; enforcement.
Any person, firm, partnership or corporation violating any rules, regulations or emergency
proclamations of the Pequannock, Lincoln Park and Fairfield Sewerage Authority in the
Borough of Butler shall be subject to punishment by imprisonment for not more than 90 days
or a fine not to exceed $500, or both, for each violation, and the Municipal Court of the
Borough of Butler shall have jurisdiction in actions for the violation of such rules and regulations,
which shall be enforced by like proceedings and processes as those provided by law for the
enforcement of ordinances of the municipality. In the event of continuing violation, each
day that the violation continues shall be deemed a separate and distinct violation. The
officers authorized by law to serve and execute processes in the Municipal Court shall be
the officers to serve and execute processes issued out of the Municipal Court
2.
Editor's Note: Ordinance No. 575, adopted 5-6-1974, comprises this Art. I.
50:2
§ 50-6 SEWERAGE AUTHORITY § 50-7
for violations of the rules and regulations of the Authority. The Executive Director of the
Authority is hereby designated as the enforcement officer of this article.
§ 50-7. Disposition of moneys.
All moneys collected, either as fines or penalties, but not court costs, for any violations of the
rules and regulations of the Authority under any provisions of this Article shall be forthwith
paid over to the Authority by the custodian of municipal funds.
50:3
Chapter 54
RESERVED
[Lakeland Regional Solid Waste Management Authority: HISTORY: Adopted by the Mayor
and Council of the Borough of Butler as section 2-22 of the Revised General Ordinances of
1976; amended in its entirety 3-15-1977 by Ord. No. 77-8. Dissolved 11-5-2012 by Ord. No.
2012-15]
Chapter 55
SPECIAL LAW ENFORCEMENT OFFICERS
§ 55-1. Term.
§ 55-2. Qualification requirements; appointment.
§ 55-3. Certification.
§ 55-4. Class One and Class Two officers.
§ 55-5. Carrying of firearms.
§ 55-6. Hours of work per week.
§ 55-7. Number of special law enforcement officers.
§ 55-8. Officers to be Borough residents.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 11-17-1986 by
Ord. No. 22-86. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 36.
Salaries and compensation — See Ch. 47.
Police Department — See Ch. 40.
Vehicles and traffic — See Ch. 225.
§ 55-1. Term.
Special law enforcement officers shall be appointed for terms of one year, said appointment
not to be revoked except for cause after adequate hearing.
§ 55-2. Qualification requirements; appointment. [Amended 5-3-1988 by Ord. No. 9-88]
A. No person shall be appointed as a special law enforcement officer unless such person
meets the qualification requirements of N.J.S.A. 40A:14-146.10. The Chief of Police
shall submit candidates for appointment to the Borough Council. The eligibility and
qualifications of such persons shall be reported to the Borough Council by the Chief of
Police in accordance with N.J.S.A. 40A:14-146.10, Subdivision e.
B. Appointment as a special law enforcement officer shall become effective upon passage of a
resolution to that effect by the Borough Council.
§ 55-3. Certification.
No person shall commence serving as a special law enforcement officer unless he has been
certified by the Police Training Commission as provided by N.J.S.A. 40A:14-146.11. Any special
law enforcement officer appointed and in service on October 1, 1986, may continue in service if
he will have completed training and certification requirements by October 13, 1988.
55:1
§ 55-4 BUTLER CODE § 55-7
§ 55-4. Class One and Class Two officers.
Persons appointed as special law enforcement officers shall, upon appointment, be designated
as either a Class One or Class Two special law enforcement officer. The classifications shall
be based upon the following standards:
A. Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator
control and similar duties and shall have the power to issue summonses for disorderly persons
and petty disorderly persons offenses, violations of municipal ordinances and violations
of Title 39 of the New Jersey Revised Statutes. The use of a firearm by an officer of this
class shall be strictly prohibited, and no Class One officer shall be assigned any duties
which may require the carrying or use of a firearm.
B. Class Two. Officers of this class shall be authorized to exercise full powers and duties
similar to those of a permanent, regularly appointed full-time police officer. The use of a
firearm by an officer of this class may be authorized only after the officer has been fully
certified as successfully completing training as prescribed by the Police Training
Commission.
§ 55-5. Carrying of firearms.
The carrying of firearms by special law enforcement officers shall be strictly governed by
N.J.S.A. 40A:14-146.14, Subdivision b.
§ 55-6. Hours of work per week.
No special law enforcement officer may work more than 20 hours per week, except as
provided as follows:
A. Without limitation as to hours during periods of emergency.
B.
A special law enforcement officer may be assigned for not more than 20 hours per week
to provide public safety and law enforcement services to a public entity, in addition to
not more than 20 hours per week performing the duties pursuant to this chapter.
C. For hours to be determined by the Chief of Police while assigned to public safety duties
for a private entity, pursuant to N.J.S.A. 40A:14-146.14, Subdivision b.
§ 55-7. Number of special law enforcement officers. [Amended 5-3-1988 by Ord. No.
9-88]
The number of special law enforcement officers in the Borough of Butler shall be determined
by the Borough Council on the recommendation of the Chief of Police. The number of
persons designated as Class Two special law enforcement officers shall not exceed 25% of the
total number of regular police officers.
55:2
§ 55-8
SPECIAL LAW ENFORCEMENT OFFICERS
§ 55-8. Officers to be Borough residents.
All special law enforcement officers shall be residents of the Borough of
Butler.
55:3
§ 55-8
Chapter 56
BUTLER ALLIANCE COMMISSION
§ 56-1. Creation; membership.
§ 56-2. Powers and duties.
§ 56-3. Election of officers.
§ 56-4. Reports.
§ 56-5. Compensation.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-21-1988 by Ord.
No. 18-88; amended in its entirety 5-16-2006 by Ord. No. 2006-14. Subsequent amendments
noted where applicable.]
§ 56-1. Creation; membership.
A. A Butler Alliance Commission is hereby created in the Borough of Butler and shall
consist of six persons, residents or employees of Butler, to be appointed by the Mayor
with the consent of the Council.
B. Terms.
(1)
The initial terms for said members shall be as follows:
Term of Appointment
Number of Members
(years)
2
1
2
2
2
3
(2)
After the initial appointments, all future appointments shall be for terms of three
years.
§ 56-2. Powers and duties.
The powers and duties vested in the Commission shall include:
A. To serve as a resource body for planning, developing and coordinating the
implementation of programs focused on the problems experienced by our youth.
B. Conduct research, gather information and disseminate results and/or findings.
C. To serve as a liaison to governmental bodies and agencies.
D. To make such recommendations as may be necessary to assist in the elimination of
problems within the municipality.
56:1
§ 56-2
BUTLER CODE
§ 56-5
E.
The Commission will act in a merely advisory capacity and shall not have the power to
bind the municipality in any manner.
F.
Apply for and accept grants.
§ 56-3. Election of officers.
A Chairman, Vice Chairman, Coalition Coordinator and Secretary of the Commission shall be
elected by the members of the Commission at an annual meeting during January of each year.
§ 56-4. Reports.
The Secretary of the Commission shall submit annual reports in writing to the Borough Clerk
on or before October 1 of each year.
§ 56-5. Compensation.
The members of the Commission shall serve without compensation.
56:2
Chapter 58
WATER UTILITY
ARTICLE I
Personnel of Utility
§ 58-1. Creation of positions.
§ 58-2. Appointments.
§ 58-3. Duties and responsibilities.
§ 58-4. Qualifications of Chief Water Treatment Plant Operator.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Water — See Ch. 234.
Department of Public Works — See Ch. 42.
ARTICLE I
Personnel of Utility
[Adopted 6-21-1983 by Ord. No. 10-83]
§ 58-1. Creation of positions.
There is hereby created within the Water Utility of the Borough of Butler the following
positions, and the employment of qualified persons to fill such positions is hereby authorized.
A. Municipal Administrator.
B. Chief Water Treatment Plant Operator.
C. Water Treatment Plant Operator.
D. Public Works Foreman.
D. Assistant Public Works Foreman.
F.
Public Works Repairers and Senior Public Works Repairers.
G. Laborers.
§ 58-2. Appointments.
A. Appointment to the position of Municipal Administrator shall be in accordance with
§ 4-9B, Appointment, of the Code of the Borough of Butler.
B. Appointment to the position of Chief Water Treatment Plant Operator shall be by the
Mayor and Borough Council of the Borough of Butler. Said position shall be an
unclassified position for purposes of civil service.
58:1
§ 58-2
BUTLER CODE
§ 58-4
C. The appointment to the positions of Water Treatment Plant Operator, public works
repairers and laborers shall be in accordance with the rules and regulations as issued by
civil service for said positions and shall be deemed to be classified positions.
§ 58-3. Duties and responsibilities.
A. Municipal Administrator. The Municipal Administrator shall have the powers and duties as
set forth in § 4-9H, Powers and duties, of the Code of the Borough of Butler.
Specifically for purposes of the Water Utility, the Municipal Administrator shall give
directives and orders to the Chief Water Treatment Plant Operator, who in turn shall
report directly to the Municipal Administrator.
B. Chief Water Treatment Plant Operator. The Chief Water Treatment Plant Operator shall
report directly to the Municipal Administrator and shall carry out such directives and
orders as may be given to him by the Municipal Administrator. In turn, the Chief Water
Treatment Plant Operator shall have the authority to give directives and orders to all
other persons employed within the Water Utility and shall have the authority and
responsibility to direct their activities and to recommend to the Municipal Administrator
promotions and disciplinary actions concerning these employees as he or she may deem
appropriate.
C. Water Treatment Plant Operator. The primary responsibility for the Water Treatment
Plant Operator shall be to maintain the water treatment plant in good operating order, and he
shall have immediate authority over all other persons employed by the Water Utility when
they are working at or in connection with the Water Treatment Plant. The Water Treatment
Plant Operator shall report directly to the Chief Water Treatment Plant Operator.
D. The Public Works Foreman shall work in cooperation with the Chief Water Treatment
Plant Operator, providing such resources as manpower and material for carrying out
work determined necessary to the water system by the Chief Operator.
E. The Assistant Public Works Foreman shall report directly to the Public Works Foreman
directing and working with the various crews. The Assistant Public Works Foreman shall
assume all duties of the Foreman in the absence of same.
F. The senior public works repairers and public works repairers shall report directly to the
Public Works Foreman or the Assistant Public Works Foreman, and their duties and functions
shall be as set forth in their job descriptions by Civil Service.
G. Laborers. Laborers shall report directly to the Public Works Foreman or Assistant Public
Works Foreman, and their duties and functions shall be as set forth in their job
description by Civil Service.
§ 58-4. Qualifications of Chief Water Treatment Plant Operator.
The Chief Water Treatment Plant Operator, in order to qualify for the position, shall have
prior to his appointment those New Jersey water licenses referred to as W-1 and T-1.
58:2
Chapter 60
EMERGENCY MANAGEMENT
§ 60-1. Coordinator.
§ 60-2. Deputy Coordinator.
§ 60-3. Duties of Coordinator.
§ 60-4. Council.
§ 60-5. Duties of Council.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 4-19-1988 by
Ord. No. 7-88. Amendments noted where applicable.]
GENERAL REFERENCES
Interference with Borough officials — See Ch. 85.
§ 60-1. Coordinator.
A. The Mayor shall appoint a Municipal Emergency Management Coordinator from among
the residents of the municipality. The Municipal Emergency Management Coordinator
shall serve for a term of three years. The Municipal Emergency Management Coordinator
shall have a minimum of one year's experience in the planning, development and
administration of emergency response activities such as those provided by police, fire, rescue,
medical or municipal emergency management units either in the public or private sector or in
the military service.
B. As a condition of appointment and the right to continue for the full term of the
appointment, the Coordinator shall successfully complete the approved courses within
one year of appointment. The failure of any Municipal Emergency Coordinator to fulfill such
requirements within the period prescribed shall disqualify the Coordinator from continuing
in the office of Coordinator, and thereupon a vacancy in said office shall be deemed to
have been created. The Governor may remove a Municipal Emergency Management
Coordinator at any time for cause. In such event, the Mayor shall appoint a new Municipal
Emergency Management Coordinator with the approval of the Governor. If the Mayor
shall not appoint a Municipal Emergency Management Coordinator within
10 days after such office shall become vacant, the Governor may appoint a temporary
Municipal Emergency Management Coordinator who shall serve and perform all of the duties
of that office until such time as a new Municipal Emergency Management Coordinator shall
be appointed by the Mayor, with the approval of the Governor.
§ 60-2. Deputy Coordinator.
Each Municipal Emergency Management Coordinator shall appoint one and may appoint
more than one Deputy Municipal Emergency Management Coordinator(s) with the approval
of the Mayor. Whenever possible, such Deputy(ies) shall be appointed from among the
salaried officers or employees of the municipality.
60:1
§ 60-3 BUTLER CODE § 60-5
§ 60-3. Duties of Coordinator.
A. The Municipal Emergency Management Coordinator shall be responsible for the
planning, activating, coordinating and the conduct of municipal emergency management
operations within the municipality.
B. Wherever, in the opinion of the Municipal Emergency Management Coordinator, a
disaster has occurred or is imminent in the municipality, the Municipal Emergency
Management Coordinator shall proclaim a state of local disaster emergency within the
municipality.
C. The Municipal Emergency Management Coordinator, in accordance with regulations
promulgated by the State Director of Emergency Management, shall be empowered to
issue and enforce such orders as may be necessary to implement and carry out
emergency management operations and to protect the health, safety and resources of the
residents of the municipality.
D. The County Emergency Management Coordinator shall be immediately advised of the
proclamation of a state or local disaster emergency by the Municipal Emergency Management
Coordinator and the action taken.
E. The Municipal Emergency Management Coordinator shall also perform any of the duties
and functions which may from time to time hereafter be required by statute.
§ 60-4. Council.
There is hereby created a Municipal Emergency Management Council to be composed of not
more than 15 members who shall be appointed by the Mayor and shall hold office at the will
and pleasure of the Mayor. The Municipal Emergency Management Coordinator shall be a
member and shall serve as Chairman of the Municipal Emergency Management Council.
§ 60-5. Duties of Council.
A. The Municipal Emergency Management Council shall:
B. Assist the Borough in establishing the various local volunteer and Borough agencies
needed to meet the requirements of all local municipal emergency management defense
and disaster control activities in accordance with the rules and regulations established by
the Governor of the State of New Jersey.
C. Evaluate the need for resources to develop, implement and exercise the emergency plan.
Make recommendations regarding what resources are required and how they can be
provided.
D. Prepare and submit an emergency plan and annexes in conformance with the guidance
materials provided by the County Coordinator.
E. Provide assistance to the Municipal Emergency Management Coordinator in the preparation
of the emergency operations plans and annexes.
60:2
Chapter 65
(RESERVED)
[Former Ch. 65, Alarm Systems, adopted 7-21-1981 by Ord. No. 11-81, was repealed
3-21-2006 by Ord. No. 2006-4.]
65:1
PART II
GENERAL
LEGISLATION
Chapter 67
ALCOHOLIC BEVERAGES
ARTICLE I
Sales
§ 67-1.
Purpose.
§ 67-2.
Word usage.
§ 67-3.
Licenses.
§ 67-4.
Hours; sale to certain persons.
§ 67-5.
Persons under legal age for consumption.
§ 67-6.
Revocation of licenses.
§ 67-7.
Violations and penalties.
ARTICLE II
Consumption
§ 67-8.
Definitions.
§ 67-9.
Consumption in public streets and places.
§ 67-10. Consumption in automobiles.
§ 67-11. Special permit required.
§ 67-12. Violations and penalties.
ARTICLE III
Consumption by Minors
§ 67-13. Serving to minors prohibited.
§ 67-14. Violations and penalties.
ARTICLE IV
Possession or Consumption of Alcoholic Beverages by Underage Persons on Private
Property Prohibited
§ 67-15. Possession or Consumption of Alcoholic Beverages by Underage Persons on
Private Property Prohibited.
§ 67-16. Violations and Penalties.
§ 67-17. Exceptions.
§ 67-18. Definitions.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as indicated in
article histories. Re-Adopted in its entirety 3-25-2018 by Ord. No. 2018-2;
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing generally — See Ch. 150. Parks and recreation areas — See Ch. 168.
67:1
§ 67-1
BUTLER CODE
§ 67-3
ARTICLE I
Sales
[Adopted as Ch. VI of the Revised General Ordinances of 1976]
§ 67-1. Purpose.
This Article is enacted to regulate the sale and transportation of alcoholic beverages in the
Borough of Butler in accordance with the provisions of an Act of the Legislature of the State
of New Jersey, entitled "An Act Concerning Alcoholic Beverages," comprising Chapter 436
of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1 et
seq., and in accordance with the rules and regulations of the State Director of Alcoholic Beverage
Control.
§ 67-2. Word usage.
For the purpose of this Article, words and phrases shall have the meanings given in N.J.S.A.
33:1-1 et seq. and the rules and regulations of the Director of Alcoholic Beverage Control.
§ 67-3. Licenses.
A. Laws applicable. All applications for licenses, all licenses issued and all proceedings
under this Article shall be in accordance with the Act, rules and regulations referred to
in § 67-1 and all other applicable laws of the State of New Jersey or of the United States.
B. Issuing authority. The Clerk of the Borough is authorized and empowered to issue
licenses for the sale and distribution of alcoholic beverages in the Borough when such
licenses shall have been approved by the Borough Council.
C. License applications; provisions. No license shall be issued except after written
application presented by the proposed licensee in such form and after such notice as
required by N.J.S.A. 33:1-1 et seq. and upon complying with the provisions of this
article. [Amended 6-19-2001 by Ord. No. 2001-15]
D. License fees; maximum numbers. The annual license fees and maximum number of
licenses for the sale or distribution of alcoholic beverages in the Borough shall be as
follows: [Amended 5-4-1981 by Ord. No. 81-8; 12-15-1992 by Ord. No. 1992-
23; 4-16-2002 by Ord. No. 2002-13; 4-20-2004 by Ord. No. 2004-2; 5-2-2006 by Ord.
No. 2006-12; 11-7-2011 by Ord. No. 2011-19; 11-9-2021 by Ord. No. 2021-20]
Class of Annual Fee License
Plenary Retail Consumption $2,072.90
Plenary Retail Distribution $2,072.90
Club $126.00
67:2
§ 67-4
BUTLER CODE
§ 67-5
§ 67-4. Hours; sale to certain persons.
A. Hours of sale. The holders of licenses in the Borough shall not sell, serve or give away
alcoholic beverages on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday
between the hours of 3:00 a.m. and 7:00 a.m. and on Sunday between the hours of 3:00
a.m. and 11:00 a.m., except as provided in Subsection B.
B. Christmas Day and New Year's Day. The holders of licenses in this municipality shall
not sell, serve or give away any alcoholic beverages on Christmas Day when it is a weekday,
between the hours of 3:00 a.m. and 7:00 a.m.; on Christmas Day when it is a Sunday between
the hours of 3:00 a.m. and 11:00 a.m.; on New Year's Day when it is a Sunday between the
hours of 5:00 a.m. and 11:00 a.m.; but may sell, serve and give away alcoholic beverages
on New Year's Day when it is a weekday at any time.
C. Sale to certain persons. No licensee shall sell, serve or deliver, nor shall any licensee
suffer or permit the sale, service or delivery of any alcoholic beverage, directly or
indirectly, to any minor, mental defective, habitual drunkard or any intoxicated person,
nor permit such persons to congregate in or about the licensed premises.
§ 67-5. Persons under legal age for consumption. [Amended 11-1-1982 by Ord. No.
13-82]
A.
Presence. No person under the legal age for the consumption of alcoholic beverages shall be
allowed in any premises where alcoholic beverages are sold or served for consumption
on the premises, except bona fide restaurants, unless accompanied by his parent or guardian.
B.
Purchase of alcoholic beverages by persons under the legal age. No person under the
legal age for the consumption of alcoholic beverages shall consume purchase, attempt to purchase, or
have another purchase for him any alcoholic beverage on any premises licensed for the sale of
alcoholic beverages.
C.
Purchase of alcoholic beverages for persons under the legal age. No person shall
purchase or attempt to purchase alcoholic beverages for a person under the legal age for the
consumption of alcoholic beverages.
D.
Misstating age. No person shall misrepresent his age or the age of another person for the
purpose of inducing any licensee or his employee to sell, serve or deliver any alcoholic beverage
to a person under the legal age for consumption of alcoholic beverages or to permit a person
under the legal age for the consumption of alcoholic beverages to remain on any premises in violation
of Subsection A.
67:3
§ 67-6 ALCOHOLIC BEVERAGES § 67-9
§ 67-6. Revocation of licenses.
A. Any license issued under this Article may be suspended or revoked for violation of any of
the provisions of this article or any provisions of any applicable statute or any of the rules
or regulations of the State Director of Alcoholic Beverage Control.
B. Proceedings for suspension or revocation shall be in accordance with the provisions of
N.J.S.A. 33:1-31 by service of a five-day notice of charges preferred against the licensee and
affording a reasonable opportunity for hearing.
C. Suspension or revocation of a license shall be in addition to any other penalty which may
be imposed for a violation of this Article.
§ 67-7. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE II
Consumption
[Adopted as Section 3-8A of the Revised General Ordinances of
§ 67-8. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES — Any fluid or solid capable of being converted into a fluid
suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by
volume, including alcoholic beer, lager beer, ale, porter, naturally fermented wine, treated wine,
blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any
brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of
such liquors and fruit juices.
§ 67-9. Consumption in public streets and places.
No person shall consume alcoholic beverages on any of the public streets, sidewalks, parking lots
which are open to the public at large, whether publicly or privately owned, roadways, pathways,
playgrounds, outdoor facilities owned or operated by the Board of Education of the Borough,
parks or shopping plazas at any hour of the day or night unless a special permit is issued as
provided herein.
67:3
§ 67-10
BUTLER CODE
§ 67-12
§ 67-10. Consumption in automobiles.
No person shall consume alcoholic beverages while in any automobile, whether in motion or
parked, on any of the public streets, sidewalks, parking lots which are open to the public at
large, whether publicly or privately owned, roadways, pathways, playgrounds, outdoor
facilities owned or operated by the Board of Education of the Borough, parks, shopping plazas
or other thoroughfares open to general vehicular traffic in the Borough.
§ 67-11. Special permit required.
Notwithstanding the provisions contained in §§ 67-9 and 67-10, a special permit may be
issued by the Mayor and Council of the Borough for the consumption of alcoholic beverages,
which shall include terms and conditions as established by the Mayor and Council and shall
specify the duration of the permit.
§ 67-12. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
67:4
§ 67-13
ALCOHOLIC BEVERAGES
§ 67-16
ARTICLE III
Consumption by Minors
[Adopted 8-20-1985 by Ord. No. 85-12]
§ 67-13. Serving to minors prohibited.
A. No person shall offer or serve an alcoholic beverage to a minor in any public or private
place within the Borough, nor shall any person who has ownership or control of any premises,
public or private, or supervision of any event permit, suffer or allow the consumption of an
alcoholic beverage by a minor in or upon any such premises or at any such event within the
Borough. This Article shall not apply to any person who is related to the minor by blood,
marriage or adoption and who has no more remote relationship to such minor than first cousin.
B. For the purposes of this section, "minor" is defined as any person below the legal age to
purchase alcoholic beverages.
§ 67-14. Violations and penalties. [Amended 6-13-1989 by Ord. No. 20-89; 4-18-2006 by
Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this article shall be subject
to such penalties as are provided for in Chapter 230, Violations and Penalties, of the Code of
the Borough of Butler.
ARTICLE IV
Possession or Consumption of Alcoholic Beverages by Underage Persons
on Private Property Prohibited.
[Adopted 3-25-2018 by Ord. No. 2018-2]
§ 67-15. Possession or Consumption of Alcoholic Beverages by Underage Person on Private
Property Prohibited.
It is hereby unlawful for any person under the legal age to, without legal authority, knowingly
possess or knowingly consume an alcoholic beverage on private property.
§ 67-16. Violation and Penalties.
A. Any person found guilty of violating the terms of this ordinance shall be subject to a fine of
$250.00 for the first offense and a fine of $350.00 for any subsequent offense. In addition, the
court may, upon a finding of guilty, in addition to the fine authorized for this offense, suspend or
postpone for six months the driving privileges of the defendant. Upon the conviction of any person
and the suspension or postponement of that person's driver’s license, the court shall forward a
report to the Division of Motor Vehicles stating the first and last day of the suspension or
postponement period imposed by the court pursuant to this section. If a person at the time of the
imposition of a sentence is less than 17 years of age, the period of license postponement, including
a suspension or postponement of the privilege of operating a motorized bicycle, shall commence
on the day the sentence is imposed and shall run for a period of six months after the person reaches
the age of 17 years. If the defendant at the time of the imposition of the sentence has a valid
drivers license issued by this state, the court shall immediately collect the license and forward it
to the Division of Motor Vehicles along with the report. If for any reason the license cannot be
collected, the court shall include in the report the complete name, address, date of birth, eye color,
and sex of the person, as well as the first and last date of the license suspension period imposed
by the court.
67:5
§ 67-16
ALCOHOLIC BEVERAGES
§ 67-18
B. The court shall inform the person orally and in writing that if the person is convicted of
operating a motor vehicle during the period of license suspension or postponement, the person
shall be subject to the penalties set forth in N.J.S.A. 39:3-40. The defendant shall be required to
acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure
to acknowledge in writing the receipt of the written notice shall not be a defense to a subsequent
charge of a violation of N.J.S.A. 39:3-40.
C. If the person convicted under this ordinance is not a New Jersey resident, the court shall
suspend or postpone, as appropriate, the nonresident driving privilege of the person based on the
age of the person and submit to the Division the required report. The court shall not collect the
license of a nonresident convicted under this Article. Upon receipt of a report by the court, the
Division shall notify the appropriate officials in the licensing jurisdiction of the suspension or
postponement.
§ 67-17. Exceptions.
A. This ordinance shall not prohibit an underage person from consuming or possession an
alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or
possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian
or relative who has attained the legal age to purchase and consume alcoholic beverages.
B. This ordinance shall not prohibit the possession of alcoholic beverages by any underage person
while actually engaged in the performance of employment by a person who has licensed under
Title 33 of the revised statutes, or while actively engaged in the preparation of food while enrolled
in a culinary arts or hotel management program at a county vocational school or post-secondary
educational institution; however, this ordinance shall not be construed to preclude the imposition
of a penalty under this section, N.J.S.A. 33:1-81, or any other section of law against a person who
is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of
alcoholic beverages.
§ 67-18. Definitions.
As used in this section, the following terms shall have the meanings indicated.
GUARDIAN - means a person who has qualified as a guardian of the underage person pursuant
to a testamentary or court appointment.
RELATIVE - means the underage person's grandparent, aunt or uncle, sibling, or any other
person related by blood or affinity.
67:6
Chapter 68
CANNABIS
[Adopted 7-20-2021 by Ord. No. 2021-15; Amended 7-18-2023 by Ord. No. 2023-10 ]
ARTICLE I
Sales
§ 68-1.
Purpose.
§ 68-2.
Word usage.
§ 68-3.
Licenses.
§ 68-4.
Hours; sale to certain persons.
§ 68-5.
Persons under legal age for consumption.
§ 68-6.
Revocation of licenses.
§ 68-7
Violations and penalties.
ARTICLE II
Permitted License Type and Conditions for License
§ 68-8.
License limited to Retail Establishments.
§ 68-9.
Conditions for Issuance and Renewal of License.
§ 68-10.
Taxation.
ARTICLE I
Sales
§ 68-1. Purpose.
This Article is enacted to regulate the sale of cannabis products within the Borough of
Butler in accordance with the provisions of an Act of the Legislature of the State of New
Jersey, entitled "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act," P.L.2021, c.16 (hereinafter referred to as “Act”) and
its supplements and amendments.
§ 68-2. Word usage.
For the purpose of this Article, words and phrases shall have the meanings given in the
Act.
§ 68-3. Licenses.
A. Laws applicable. All applications for licenses, all licenses issued and all proceedings
under this Article shall be in accordance with the Act, rules and regulations referred
to in § 68-1 and all other applicable laws of the State of New Jersey.
B. Issuing authority. The Clerk of the Borough is authorized and empowered to issue
licenses for the retail sale of cannabis in the Borough in accordance with Chapter
150.
C. License applications; provisions. No license shall be issued except after written
application presented by the proposed licensee in such form and upon complying
with the provisions of this Article.
D. License fees: The initial license fee shall be $1,000.00. The annual license fee shall
be $500.00.
E. No more than three (3) licenses shall be issued and effective during any time period.
No new licenses will be issued once there are three licenses.
68:1
§ 68-4
CANNABIS
§ 68-6
§ 68-4. Hours; sale to certain persons.
A. Hours of sale. The holders of licenses in the Borough shall not sell cannabis between
the hours of 11:00 p.m. and 7:00 a.m.
B. Sale to certain persons. No licensee shall sell, nor shall any licensee suffer or permit
the sale, service or delivery of any cannabis product, directly or indirectly, to any
minor under the age of 21 or any intoxicated person, nor permit such persons to
congregate in or about the licensed premises.
§ 68-5. Persons under legal age for consumption.
A. Presence. No person under the legal age of twenty-one (21) for the purchase of
cannabis products shall be allowed in any premises where cannabis products are sold.
B. Purchase of cannabis products by persons under the legal age. No person under the
legal age for the
consumption of cannabis products shall consume purchase,
attempt to purchase, or have another purchase for
him any cannabis product on
any premises licensed for the sale of cannabis products.
C.
Purchase of cannabis products for persons under the legal age. No person shall
purchase or attempt to purchase cannabis products for a person under the legal age for
the consumption of cannabis products.
D. Misstating age. No person shall misrepresent his age or the age of another person for
the purpose of inducing any licensee or his employee to sell, serve or deliver any
cannabis product to a person under the legal age for
consumption
of
cannabis
products or to permit a person under the legal age for the consumption of cannabis
products to remain on any premises in violation of Subsection A.
§ 68-6. Revocation of licenses.
A. Any license issued under this Article may be suspended or revoked for violation of
any of the provisions of this Chapter or any provisions of any applicable statute or
any of the rules or regulations of the State of New Jersey.
B. Unless the immediate suspension is necessary for preservation of public safety,
proceedings for the suspension or revocation of any license issued under this Article,
shall be commenced by the service of a five-day notice of charges preferred against
the licensee by the Clerk and affording a reasonable opportunity for a hearing before
the Borough Council. Licenses may be suspended or revoked for any violation of
this Chapter.
C. Suspension or revocation of a license shall be in addition to any other penalty which
may be imposed for a violation of this Article.
D. Any license issued by the Borough of Butler under this Article shall be suspended
and/or revoked upon the suspension and/or revocation of the licensee’s license issued
by the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission.
68:2
§ 68-7
CANNABIS
§ 68-9
§ 68-7. Violations and penalties.
Any person, firm, or corporation violating any of the provisions of this article shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of
the Code of the Borough of Butler.
ARTICLE II
Permitted License Type and Conditions for License
§68-8. License limited to Retail Establishments.
The class of cannabis license permitted in the Borough shall be for a Cannabis Retail
Establishments and Medical Cannabis Dispensaries. No license for any other class of
Cannabis establishment, including cannabis cultivators, manufactures, distributors,
wholesalers, testing facilities, or delivery services, shall be available.
§68-9. Conditions for Issuance and Renewal of License.
In addition to the requirements as provided in Article I, the following conditions are
required for the issuance and renewal of a Cannabis Retail Establishment license:
A. Applicant must possess any and all required licenses, permits or authorizations from
the State of New Jersey and/or the New Jersey Cannabis Regulatory Commission for
the operation of a Cannabis retail Establishment.
B. The Cannabis Retail Establishment shall be located in the HC Zone—Highway
Commercial District.
C. The Applicant has received conditional use approval from the Planning Board of the
Borough of Butler.
D. No on-premises consumption or use of cannabis shall be permitted.
E. Only cannabis related products may be sold on-premises.
F. Cannabis Retail Establishments must be equipped with security cameras with coverage of
exterior parking and loading areas, points of entry and egress, areas open to the public,
and cannabis storage areas. Security footage must be maintained for the period required
by State law and be subject to immediate inspection and access by the Borough of Butler
Police Department upon request.
G. Cannabis Retail Establishments must prominently display signage indicating that no
individual under the age of twenty-one is permitted on the premises and that the on-
premises consumption or use of cannabis, food, alcohol, tobacco is prohibited.
H. Any Cannabis Retail Establishment must possess and prominently display all licenses
required by the State of New Jersey and the Borough of Butler for operation.
I. Cannabis Retail Establishments must be equipped with lockable doors and windows and a
security system with audible alarm and direct or third-party notification the Borough of
Butler Police Department.
68:3
§ 68-9
CANNABIS
§ 68-9
J. All cannabis products and cash must be stored and secured in a locked safe or hardened
container securely attached to the premises.
K. Licensee shall be current on all State and municipal tax payments.
L. The licensed premises must be open for business within 60 days of the issuance of a
license.
§ 68-10. Taxation.
All Licensees under this Chapter shall be subject to quarterly remission of municipal taxes as
required set forth in Article II of Chapter 210 and shall be compliant with the requirements
therein.
68:4
Chapter 69
AMUSEMENTS
§ 69-1. Definitions.
§ 69-2. License requirements.
§ 69-3. Fees.
§ 69-4. Display of license; transferability.
§ 69-5. Prohibitions and restrictions.
§ 69-6. Gambling devices prohibited; seizure and destruction of machine.
§ 69-7. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 4-9
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 82.
Pool and billiards — See Ch. 174.
Licensing generally — See Ch. 150.
§ 69-1. Definitions. [Added 4-11-1990 by Ord. No. 1990-91 ]
As used in this chapter, unless the context otherwise indicates, the following terms shall have
the meanings indicated:
DISTRIBUTOR OF MACHINE JUKEBOXES — Any person, firm, corporation, partnership
or association which sets up for operation by another one or more music jukeboxes, whether
such setting up for operation, leasing or distributing is for a fixed charge or retail or on the
basis of a division of the income derived from such jukeboxes or otherwise.
DISTRIBUTOR OF MECHANICAL AMUSEMENT DEVICES — Any person, firm,
corporation, partnership or association which sets up for operation by another one or more
mechanical amusement devices, whether such setting up for operation, leasing or distributing
is for a fixed charge or retail or on the basis of a division of the income derived from such
mechanical amusement device or otherwise.
JUKEBOX — Any music-vending machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into any slot, crevice or other opening or by the
payment of any price, operates or may be operated for the emission of song, music or similar
amusement.
MECHANICAL AMUSEMENT DEVICE — Any machine which, upon the insertion of a
coin, slug, token, plate or disc, may be operated by the public generally for use as a game,
entertainment or amusement, whether or not registering a score. It shall include such devices
as marble machines, mechanical bowling machines and all games, operations or transactions
similar thereto under whatever name they may be indicated.
1. Editor's Note: This ordinance also repealed former § 69-1, Definitions.
69:1
§ 69-1 BUTLER CODE § 69-2
OPERATOR — Any person in whose place of business any machine, jukebox or mechanical
amusement device is played for public patronage or is placed or kept for operation by the
public.
§ 69-2. License requirements.
A. Distributor of mechanical amusement devices.
(1) License required. No distributor of mechanical amusement devices shall distribute to
any person or to the owner, occupant, lessee or licensee of any premises in the Borough,
for the purpose of operation thereof, any mechanical amusement devices without first
having obtained from the Mayor and Borough Council a license to do so.
(2) Application for license. In addition to the information required in § 150-2,
Applications, of Chapter 150, Licensing, the application for the distributor of mechanical
amusement devices shall contain the following information:
(a) If the applicant is an individual, the age, date and place of birth of the
applicant. If the applicant is a firm, partnership or association, the names and
addresses, ages, places of birth of all members of such firm, partnership or
association. If the applicant is a corporation, the name and address of the
registered agent, the addresses, ages and places of birth of all the
stockholders of the corporation owning 10% or more of all of the issued and
outstanding capital stock of the corporation.
(a) The particular number of mechanical amusement devices which the applicant
will distribute in the Borough.
B.
Distributor of machine jukeboxes.
(1) License required. No distributor of machine jukeboxes shall distribute to any
person or to the owner, occupant, lessee or licensee of any premises in the
Borough, for the purpose of operation thereof, any machine jukeboxes without first
having obtained from the Mayor and Borough Council a license to do so.
(2) Application for license. The application for such license shall contain the
information contained in § 150-2, Applications, of Chapter 150, Licensing, and
Subsection A(1) of this section.
C.
Operators.
(1) License required. No operator shall display for public patronage or keep for
operation any machine jukebox or mechanical amusement device without first
having obtained a license to do so from the Mayor and Borough Council.
(2) Application for license. The application for such license shall contain the
information as required in § 150-2, Applications, of Chapter 150, Licensing, and
Subsection A(1) of this section.
(3)
In addition to these provisions, the application shall also contain:
69:2
§ 69-2
AMUSEMENTS
§ 69-3
(a) The place where machine or devices are to be displayed and a description of
the type of business conducted at that place.
(b) A description of the machine to be covered by the license, mechanical
features, name of manufacturer, serial number and the name and address of
the owner of the machine.
D. Age requirement of licensee. No license or licenses in this section provided for shall be
issued to any applicant unless he is over 21 years of age and a citizen of the United
States.
§ 69-3. Fees. [Added 4-11-1990 by Ord. No. 1990-92 ]
A. Schedule of fees.
(1) Fees for distributors of mechanical amusement devices and machine jukeboxes
shall be fixed in accordance with the number of machines allowed to be distributed under
the license and in accordance with the following schedule of fees:
(a) For each mechanical amusement device, annually: $125.
(b) For each machine jukebox, annually: $20.
(2) Fees for operators of mechanical amusement devices and machine jukeboxes shall be
fixed in accordance with the number of machines allowed under the license and in
accordance with the following schedule of fees:
(a) For each mechanical amusement device, annually: $125.
(b) For each machine jukebox, annually: $10.
(3) All license fees shall be payable upon the filing of the application. In the event that the
application is denied, the fees shall be returned to the applicant, less 10%
thereof, which shall be retained by the Borough to cover the costs of the
investigation.
(4) In the event that the operator of a machine or machines is also the owner thereof,
he shall pay the operator fees as set forth above, and there shall be no distributor
fees for such machines.
B. Exceptions.
(1) There shall be no operator fee charged to veterans, charitable or religious
organizations or service clubs.
(2) If any of the organizations described in Subsection B(1) distribute a machine
jukebox or mechanical amusement, they shall pay the full distributor's fee set forth
in Subsection A(1) for each machine so distributed.
2. Editor's Note: This ordinance also repealed former § 69-3, Fees, as amended 12-6-1982 by Ord. No. 15-82.
69:3
§ 69-3
BUTLER CODE
§ 69-6
(3) Any distributor of a machine jukebox or mechanical amusement to any
organization described in Subsection B(1) shall pay the full distributor's fee set
forth in Subsection A(1).
§ 69-4. Display of license; transferability.
A. All operator's license or licenses herein provided for shall be posted permanently and
conspicuously at the location of the machine in the premises wherein the device is to be
operated or maintained to be operated.
B. Such license may be transferred from one machine or device to another similar machine upon
application to the Borough Clerk to such effect and the giving of a description and the
serial number of the new machine or device. Not more than one machine shall be operated
under one license, and the applicant or licensee shall be required to secure a license for
each and every machine displayed or operated by him.
§ 69-5. Prohibitions and restrictions.
A. No operator holding a license to operate mechanical amusement devices shall permit
persons under 16 years of age to play or operate such mechanical amusement device.
B. No operator holding a license for the operation of a machine jukebox under this chapter
shall permit the playing of jukeboxes between the hours of 3:00 a.m. and 9:00 a.m. on
any day.
C. No operator holding a license for the operation of jukeboxes or mechanical amusement
devices shall permit the playing of jukeboxes or mechanical amusement devices within
200 feet of any church, public or parochial school or playground.
D. No distributor or operator of mechanical amusement devices shall offer or permit to be
offered any prize, free games or other reward to any person playing any machine
required to be licensed by the provisions of this chapter.
§ 69-6. Gambling devices prohibited; seizure and destruction of machine.
A. Nothing in this chapter shall, in any way, be construed to authorize, license or permit any
gambling devices whatsoever, or any mechanism that has been judicially determined to be
a gambling device, or in any way contrary to law or that may be contrary to any future
laws of the State of New Jersey, including any mechanical amusement devices that dispense
any kind of payoff, prize or reward
...[TRUNCATED FOR SIZE]...
ria in the table below;
2. Be planted within twelve (12) months of the date of removal of the original tree(s) or at
an alternative date specified by the municipality;
3. Be monitored by the applicant for a period of two (2) years to ensure their survival and
shall be replaced as needed within twelve (12) months; and
4. Shall not be planted in temporary containers or pots, as these do not count towards tree
replacement requirements.
220:3
§ 220-3 BUTLER CODE § 223-4
Tree Replacement Requirements Table:
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
1
DBH of 2.5” (for street trees) or 6”
(for non-street trees) to 12.99”
Replant 1 tree with a minimum tree caliper of
1.5” for each tree removed
2
DBH of 13” to 22.99”
Replant 2 trees with minimum tree calipers of
1.5” for each tree removed
3
DBH of 23” to 32.99”
Replant 3 trees with minimum tree calipers of
1.5” for each tree removed
4
DBH of 33” or greater
Replant 4 trees with minimum tree calipers of
1.5” for each tree removed
C. Replacement Alternatives:
1. If the municipality determines that some or all required replacement trees cannot be
planted on the property where the tree removal activity occurred, then the applicant shall
do one of the following:
a. Plant replacement trees in a separate area(s) approved by the municipality.
b. Pay a fee of $125 per tree removed. This fee shall be placed into a fund dedicated
to tree planting and continued maintenance of the trees in the Borough.
§ 220-4. Exemptions:
All persons shall comply with the tree replacement standard outlined above, except in the cases
detailed below. Proper justification shall be provided, in writing, to the municipality by all persons
claiming an exemption. Proper justification shall be photos or statements from a NJ licensed tree
expert as per NJ Statue 45:15C-11 or an arborist:
A. Residents who remove less than four (4) trees per acre that fall into category 1, 2, or 3 of the
Tree Replacement Requirements Table within a five-year period. The number of trees
removed is a rolling count across a five-year period. For example, if 3 trees from category 1
are removed in July 2024, the ‘count’ resets to zero in July 2029. However, if 1 tree from
category 1 is removed in July 2024 and another in July of 2025 the first tree will come off the
count in July 2029 and the second in July 2030.
B. Tree farms in active operation, nurseries, fruit orchards, and garden centers;
C. Properties used for the practice of silviculture under an approved forest stewardship or
woodland management plan that is active and on file with the municipality;
D. Any trees removed as part of a municipal or state decommissioning plan. This exemption only
includes trees planted as part of the construction and predetermined to be removed in the
decommissioning plan.
220:4
§ 220-4 TREE REMOVAL AND REPLACEMENT § 223-5
E. Any trees removed pursuant to a New Jersey Department of Environmental Protection
(NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up,
or NJDEP approved habitat enhancement plan;
F. Approved game management practices, as recommended by the State of New Jersey
Department of Environmental Protection, Division of Fish, Game and Wildlife;
G. Hazard trees may be removed with no fee or replacement requirement.
§ 220-5. Non-Approved Species:
A. Invasive Trees
•
Amur corktree (Phellodendron amurense)
•
Birchleaf pear (Pyrus betulifolia)
•
Black locust (Robinia pseudoacacia)
•
Bradford pear (Pyrus calleryana)
•
Callery pear (Pyrus calleryana)
•
Chinese elm (Ulmus parvifolia)
•
Kousa dogwood (Cornus kousa)
•
Empress tree (Paulownia tomentosa)
•
False acacia (Robinia pseudoacacia)
•
Golden raintree (Koelreuteria biopinnata, K. elegans, and K. paniculata)
•
Gray poplar (Populus x canescens)
•
Japanese angelica tree (Aralia elata)
•
Japanese maple (Acer palmatum)
•
Japanese zelkova (Zelkova serrata)
•
Kobus magnolia (Magnolia kobus)
•
Mimosa (Albizia julibrissin)
•
Norway maple (Acer platanoides)
•
Princess tree (Paulownia tomentosa)
•
Siberian elm (Ulmus pumila)
•
Sweet cherry (Prunus avium)
•
Sycamore maple (Acer pseudoplatanus)
•
Tree-of-heaven (Ailanthus altissima)
•
English elm (Ulmus procera)
•
Weeping Higan cherry (Prunus subhirtella var. pendula)
•
White poplar (Populus alba)
220:5
§ 220-5 BUTLER CODE § 220-7
B. Do Not Plant– Other tree concerns (pests, diseases, poor growth habits, etc.)
•
Black ash (Fraxinus nigra) – susceptible to Emerald Ash Borer
•
Black oak (Quercus velutina) – susceptible to Oak wilt
•
Green ash (Fraxinus pennsylvanica) – susceptible to Emerald Ash Borer
•
Northern red oak (Quercus rubra) – susceptible to Oak wilt
•
Pin oak (Quercus palustris) – susceptible to Oak wilt
•
Scarlet oak (Quercus coccinea) – susceptible to Oak wilt
•
Silver maple (Acer saccharinum) – susceptible to storm damage
•
Tulip tree (Liriodendron tulipifera) – susceptible to storm damage
•
White ash (Fraxinus americana) – susceptible to Emerald Ash Borer
§ 220-6. Enforcement:
This ordinance shall be enforced by the Police Department and/or other Municipal Officials of the
Borough of Butler during the course of ordinary enforcement duties.
§ 220-7. Violations and Penalties:
Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a
fine of $200 per tree. This fine can be reduced to $25 per tree if the trees removed in violation are
replaced according to the Tree Replacement Requirements Table in § 220-3 of this Chapter.
220:6
Chapter 222
Vandalism of Public Property
§ 222-1.
Purpose.
§ 222-2.
Definitions.
§ 222-3.
Regulated Activities.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler October 21,
2025. Amendments noted where applicable.]
§ 222-1. Purpose
The purpose of this Chapter is to protect Borough-owned property, including but not limited to
security cameras and related equipment, from vandalism, destruction, tampering, or other willful
damage or tampering, and to establish penalties for violations.
§ 222-2. Purpose
It shall be unlawful for any person to:
A. Vandalize, deface, destroy, tamper with, or otherwise damage any public property owned,
leased, or maintained by the Borough of Butler or any other public entity.
B. Interfere with, damage, or disable any Borough or publicly owned security camera,
surveillance system, or related equipment.
§ 222-3. Purpose.
Any person violating this ordinance shall be subject any or all to the following:
A.
A minimum fine of one hundred dollars ($100.00) and up to two thousand dollars
($2,000.00); and
B.
Restitution for the full cost of repair or replacement of the damaged property, including
cameras or related equipment.
C.
Such other penalties as may be authorized by law, including community service or
imprisonment, in accordance with N.J.S.A. 40:49-5.
222:1
(CHAPTER
18
RESERVED)
[Former Ch. 218, Transient Merchants, adopted as Section 4-4 of the Revised General
Ordinances of 1976, as amended, was repealed 12-10-1991 by Section 1 of Ord. No.
1991-18. See now Ch. 91, Canvassers, Solicitors and Peddlers.]
218:1
Chapter 223
VEGETATION
§ 223-1. Certain growth prohibited.
§ 223-2. Notice to owners or tenants.
§ 223-3. Service of notice.
§ 223-4. Compliance with notice.
§ 223-5. Failure to comply.
§ 223-6. Violations and penalties.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Section 3-4
of the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 136. Land use — See Ch. 143.
§ 223-1. Certain growth prohibited. [Added 6-7-1982 by Ord. No. 82-5]
It is hereby prohibited for any owner or tenant of lands abutting upon the public highways,
streets and avenues of the Borough to permit grass, weeds, hedges, bushes, low hanging
branches or other impediments higher than three feet above curb level which shall be a
hindrance in or obstruct the view of operations of vehicles using the highways.
§ 223-2. Notice to owners or tenants.
The written notice directing the removal of grass, weeds, hedges, bushes, low hanging
branches or other impediments abutting upon the public highways, streets and avenues of the
Borough shall be prepared by the Superintendent of Public Works over his signature and shall
identify the lands abutting on the highways, streets or avenues and shall contain a short
statement relating in detail and identifying such grass, weeds, hedges, bushes, low hanging
branches or other impediments which are directed to be removed. The notice shall also
contain a statement that the violation of the terms of this chapter is punishable by fine.
§ 223-3. Service of notice.
The notice may be served upon the owner or owners, tenant or tenants, residents of the
Borough in person, or by leaving the same at their homes or places of residence with a
member of their family above the age of 14 years. In such case, any such notice may be
served upon him personally or mailed to his last known post office address or it may be
served upon the occupant of the property, or upon the agent in charge thereof. In case the
owner of any such property is unknown or service cannot for any reason be made as above
directed, notice thereof shall be published at least once in a newspaper circulating in the
Borough, and a copy of the notice shall be posted in a conspicuous place upon the premises.
223:1
§ 223-4 BUTLER CODE § 223-6
§ 223-4. Compliance with notice.
The owner or owners, tenant or tenants of land abutting upon the public highways, streets and
avenues of the Borough shall remove from the abutting sidewalks or sidelines of such
highways, streets and avenues abutting such lands, within 30 days after written notice to
remove, all grass, weeds, hedges, bushes, low hanging branches or other impediments higher
than three feet above curb level which shall be a hindrance in or obstruct the view of
operations of vehicles using the highway.
§ 223-5. Failure to comply.
If the owner or owners, tenant or tenants of land abutting upon the public highways, streets
and avenues of the Borough shall neglect or refuse to remove all grass, weeds, hedges,
bushes, low hanging branches and other impediments which shall be a hindrance to or
obstruct the view of operators of vehicles using the highway from the abutting sidewalks of
such highways, streets or avenues abutting such lands within 30 days after service of the
written notice to remove the same, as hereinabove provided, such grass, weeds, hedges,
bushes, low hanging branches and other impediments may be removed by the direction of the
Superintendent of Public Works. After such removal, the Superintendent of Public Works
shall certify the costs thereof to the Mayor and Council of the Borough, which shall examine
the certificate and, if found correct, shall cause the costs as shown thereon to be charged
against the lands abutting on the public highways, streets and avenues, and the amount so
charged shall forthwith become a lien upon such lands and shall be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes and shall be collected and
enforced by the same officer in the same manner as taxes.
§ 223-6. Violations and penalties. [Amended 6-7-1982 by Ord. No. 82-5; 6-13-1989 by
Ord. No. 20-89; 4-18-2006 by Ord. No. 2006-7]
Any person, firm, or corporation violating any of the provisions of this chapter shall be
subject to such penalties as are provided for in Chapter 230, Violations and Penalties, of the
Code of the Borough of Butler.
223:2
Chapter 225
VEHICLES AND TRAFFIC
ARTICLE I
General Provisions
§ 225-1.
Definitions.
§ 225-2.
Repealer.
§ 225-3.
Severability.
§ 225-4.
Violations and penalties.
§ 225-5.
Vehicular repair prohibited.
ARTICLE II
Parking
§ 225-6.
Regulations not exclusive.
§ 225-7.
Overnight parking.
§ 225-8.
Parking on certain municipally owned lands.
§ 225-9.
Parking prohibited at all times.
§ 225-10.
Parking prohibited during certain hours.
§ 225-11.
Stopping or standing prohibited.
§ 225-12.
Parking time limited.
§ 225-12.1.
(Reserved)
ARTICLE III
§ 225-13.
Trucks over certain weight excluded.
ARTICLE IV
One-Way Streets
§ 225-14.
One-way streets designated.
ARTICLE V
Through Streets; Stop and Yield
§ 225-15.
Through streets designated.
§ 225-16.
Stop intersections designated.
§ 225-17.
Yield intersections designated.
ARTICLE VI
Special Zones and Areas
§ 225-18.
Parking prohibited in special areas.
§ 225-18.1.
Parking restricted in special areas.
§ 225-18.2.
Handicapped parking.
§ 225-18.3.
(Reserved)
§ 225-19.
Loading zones designated.
§ 225-19.1.
Temporary loading zones.
§ 225-20.
(Reserved)
§ 225-21.
(Reserved)
225:1
§ 225-1 VEHICLES AND TRAFFIC § 225-1
ARTICLE VII
Municipal Parking Lots
§ 225-22.
Restrictions. Truck Exclusions.
§ 225-23.
Parking limit on certain lots.
ARTICLE VIII
Turn Prohibitions and Lane Reservations
§ 225-24.
U-turns.
§ 225-25.
Turns at intersections.
§ 225-26.
Prohibited right turns on red signal.
§ 225-27.
Lane use reservations.
ARTICLE IX
Emergency No Parking
§ 225-28.
Designation of snow emergency no-parking areas.
§ 225-29.
Posting of signs.
§ 225-30.
Removal of vehicles.
§ 225-31.
Effectiveness of article.
ARTICLE X
Speed Limits
§ 225-32.
Limits established.
§ 225-33.
Posting of signs.
§ 225-33.1. Low-speed vehicles.
ARTICLE XI
Traffic Control Signals
§ 225-34.
Traffic signals established.
§ 225-35.
Installation of signals.
ARTICLE XII
No-Passing Zones
§ 225-36.
No-passing zones established.
ARTICLE XIII
Regulation of Private Property
§ 225-37.
Application of Subtitle 1 of Title 39 to private property.
ARTICLE XIV
Schedules
§ 225-38.
Schedule I: No Parking.
§ 225-39.
Schedule II: No Parking Certain Hours.
§ 225-40.
Schedule III: No Stopping or Standing.
§ 225-41.
Schedule IV: Time Limit Parking.
§ 225-42.
Schedule V: Trucks Over Certain Weight Excluded.
§ 225-43.
Schedule VI: One-Way Streets.
§ 225-44.
Schedule VII: Through Streets.
§ 225-45.
Schedule VIII: Stop Intersections.
§ 225-46.
Schedule IX: Yield Intersections.
225:2
§ 225-1 VEHICLES AND TRAFFIC § 225-1
§ 225-47.
Schedule X: Loading Zones.
§ 225-48.
(Reserved)
§ 225-49.
(Reserved)
§ 225-50.
Schedule XIII: U-Turn Prohibitions.
§ 225-51.
Schedule XIV: Prohibited Turns at Intersections.
§ 225-52.
Schedule XV: Prohibited Right Turns on Red Signals.
§ 225-53.
Schedule XVI: Lane Use Reservations.
§ 225-54.
Schedule XVII: Snow Emergency No-Parking Areas.
§ 225-55.
Schedule XVIII: Speed Limits.
§ 225-56.
Schedule XIX: Traffic Control Signals.
§ 225-57.
Schedule XX: No-Passing Zones.
§ 225-58.
Schedule XXI: Regulation of Private Property.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-19-1979 by
Ord. No. 79-7 as Ch. VIII of the Revised General Ordinances of 1976; readopted
10-4-1988 by Ord. No. 27-88. Amendments noted where applicable.]
GENERAL REFERENCES
Motorized bicycles — See Ch. 79. Taxicabs — See Ch. 213.
ARTICLE I
General Provisions
§ 225-1. Definitions.
Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to
them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to
such words and phrases used herein.
§ 225-2. Repealer.
All former traffic ordinances of the Borough of Butler are hereby repealed, except that this repeal
shall not affect or prevent the prosecution or punishment of any person for any act done or
committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.
§ 225-3. Severability.
If any part or parts of this chapter are held to be invalid for any reason, such decision shall not
affect the validity of the remaining portions of this chapter.
§ 225-4. Violations and penalties. [Amended 12-16-1986 by Ord. No. 21-86; 12-18-1990 by Ord.
No. 1990-28]
Unless another penalty is expressly provided by New Jersey statute, every person convicted of a
violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not
more than $50 or imprisonment for a term not exceeding 15 days, or both. Violations of any
provision of this chapter with regard to parking shall be punishable by a fine of not less than $10.
In addition, state-mandated Automated Traffic System Fund surcharges shall be imposed.
225:3
§ 225-5 BUTLER CODE § 225-9
§ 225-5. Vehicular repair prohibited.
No general repair and maintenance work shall be permitted to be undertaken on vehicles located
in the streets or along the curb of any streets in the Borough publicly maintained and open to the use of
the public for purposes of vehicular traffic, other than simple emergency remedial repairs. Any disabled
vehicle requiring more extensive repair shall be removed from the street as soon as possible after
such disablement and, if not so removed, may be towed away by the Borough at the owner's
expense, and the owner shall be fined under the provisions of this chapter.
ARTICLE II
Parking
§ 225-6. Regulations not exclusive.
The provisions of this Article imposing a time limit on parking shall not relieve any person of the
duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey statute, or
as hereinafter provided.
§ 225-7. Overnight parking. [Amended 6-19-1984 by Ord. No. 7-84; 3-
17-2026 by Ord. No. 01-2026]
A. Limitations.
(1) Vehicles in general. No vehicle shall be parked on any street in the Borough
between the hours of 2:00 a.m. and 6:00 a.m. during the months of December 1 through
March 1, except for Main Street, Kiel Avenue, Bartholdi Avenue, Boonton Avenue and
Kakeout Road, where the parking prohibition will be in effect all year.
(2) Trucks (3/4 ton) parking restriction. No person shall park any truck, bus, trailer or tractor,
the gross carrying weight of which exceeds 3/4 ton, upon any street or portions thereof
within the Borough between the hours of 2:00 a.m. and 6:00 a.m.
B. Removal of vehicle; penalty. In addition to the penalties provided by this chapter for the
violation thereof, and not in limitation of the same, whenever any member of the Police
Department finds a vehicle parked in violation of this subsection, such police officer may
move or secure the removal of such vehicle to such garage or other place as may be designated
by the Borough Council as a garage or place for the impounding of such vehicles, and the
vehicle shall be there retained and impounded until the person owning the vehicle shall
pay the reasonable costs of the taking and removing, together with a garage charge of $10
for each and every day the vehicle is retained and impounded.
§ 225-8. Parking on certain municipally owned lands. [Added 7-15-1980 by Ord. No.
80-15]
No person shall park any vehicle at any time upon the area shaded on the map entitled "Municipally
Owned Lands," prepared by Hirth Weidener Associates, L.S., P.P., and dated June 1980,
which map is hereby incorporated by reference and is on file in the Borough Clerk's office.
§ 225-9. Parking prohibited at all times.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in
Schedule I (§ 225-38), attached to and made a part of this chapter.
225:4
§ 225-10 VEHICLES AND TRAFFIC § 225-14
§ 225-10. Parking prohibited during certain hours. [Amended 4-6-1981 by Ord. No.
81-1]
No person shall park a vehicle between the hours specified in Schedule II (§ 225-39) of any
day, except Sundays and public holidays, upon any of the streets or parts of streets described
in said Schedule II, attached to and made a part of this chapter.
§ 225-11. Stopping or standing prohibited.
No person shall stop or stand a vehicle during the times specified in Schedule III (§ 225-40)
of any day, except Sundays and public holidays, upon any of the streets or parts of streets
described in said Schedule III, attached to and made a part of this chapter.
§ 225-12. Parking time limited. [Amended 4-6-1981 by Ord. No. 81-1; 2-20-2007 by
Ord. No. 2007-3]
No person shall park a vehicle for longer than the time limit shown in Schedule IV (§ 225-41)
at any time between the hours listed in said Schedule IV of any day, except Sundays and
public holidays unless otherwise provided for in § 225-41, upon any of the streets or parts of
streets described in said Schedule IV, attached to and made a part of this chapter.
§ 225-12.1. (Reserved) 1
ARTICLE III
Truck Exclusions
§ 225-13. Trucks over certain weight excluded.
Trucks over the gross weight indicated are hereby excluded from the street or parts of streets
described in Schedule V (§ 225-42) except for the pickup and delivery of materials on such
streets, said Schedule V being attached to and made a part of this chapter.
ARTICLE IV
One-Way Streets
§ 225-14. One-way streets designated.
The streets or parts of streets described in Schedule VI (§ 225-43), attached to and made a
part of this chapter, are hereby designated as one-way streets in the direction indicated.
1. Editor's Note: Former § 225-12.1, Exception for vehicles responding to emergencies, added 9-16-1986 by Ord. No.
17-86, was repealed 3-14-1989 by Ord. No. 9-89.
225:5
§ 225-15 BUTLER CODE § 225-18
ARTICLE V
Through Streets; Stop and Yield Intersections
§ 225-15. Through streets designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule
VII (§ 225-44), attached to and made a part of this chapter, are hereby designated as through
streets. Stop signs shall be installed on the near right side of each street intersecting the through
street except where yield signs are provided for in the designations.
§ 225-16. Stop intersections designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule VIII
(§ 225-45), attached to and made a part of this chapter, are hereby designated as stop intersections.
Stop signs shall be installed as provided therein.
§ 225-17. Yield intersections designated.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule IX
(§ 225-46), attached to and made a part of this chapter, are hereby designated as yield intersections.
Yield signs shall be installed as provided therein.
ARTICLE VI
Special Zones and Areas
§ 225-18. Parking prohibited in special areas.
Parking shall be prohibited in the areas adjacent to the following structures:
A. 1200 Route 23 Building.
(1) That area consisting of the entire length, 150 feet, of the front of the premises
known as 1200 Route 23, and extending from the building a distance of 20 feet.
(2) That area consisting of the entire length, 60 feet, of both the northerly and
southerly sides of the premises, and extending 20 feet from the building.
(3) That area consisting of the length, 20 feet, of the rear entrance to the structure, and
extending 20 feet from the building.
B. Butler Ridge Apartments. That area consisting of the entire length, 552 feet, and the
entire width, 32 feet, of the main roadway extending from Route 23 to the rear of the
apartment complex.
C. Butler Plaza. [Added 7-15-1980 by Ord. No. 80-10]
(1) That area consisting of the entire length, 171 feet, of the front of the premises
presently occupied as a retail food market in the shopping center known as "Butler
Plaza," Route 23, in the Borough of Butler, and extending from the building a distance
of 20 feet.
225:6
§ 225-18
VEHICLES AND TRAFFIC
§ 225-18.1
(2) That area beginning at a point distant 39 feet six inches from the southerly side of
said retail food store and running thence 95 feet along the remaining length of the front
of the premises, and extending from the building a distance of 20 feet, with the
remaining distance between the southerly end of said retail food store and the
beginning point of the zone described herein to be utilized for parking areas for
vehicles.
(3) That area consisting of the entire length, 222 feet, of the rear of the structure
presently occupied as a bowling alley, and extending 20 feet from the building;
and that area consisting of the length, 30 feet, of the front entrance to said structure
and extending 20 feet from the building.
D. Butler Bowl. That area consisting of the entire length, 222 feet, of the rear of the
structure presently occupied as a bowling alley, and extending 20 feet from the building; and
that area consisting of the length, 30 feet, of the front entrance to said structure, and extending
20 feet from the building. [Added 5-17-1983 by Ord. No. 4-83]
E. Woodland Acres Apartment Complex, main entrance. That area consisting of the entire
front of the structure, 60 feet by 18 feet, and the side by the fire escape, 30 feet by 18
feet, to be designated as a no-parking fire zone. [Added 7-21-1987 by Ord. No. 13-87;
amended 3-14-1989 by Ord. No. 9-89]
F. Aaron Decker School. Between the hours of 7:00 a.m. and 3:00 p.m. in the circular
driveway in front of Aaron Decker School. [Added 7-19-1994 by Ord. No. 1994-10]
§ 225-18.1. Parking restricted in special areas. [Added 6-21-1983 by Ord. No. 13-83]
A. The parking of vehicles in and around the Carey Avenue Firehouse shall be limited and
restricted as follows:
(1) Vehicles, when permitted to be parked at the Carey Avenue Firehouse, shall only
be parked within the areas specifically provided for parking and not within areas
reserved for ingress and egress of fire lanes.
(2) There shall be no parking of any vehicles at the Carey Avenue Firehouse between
the hours of 3:00 a.m. and 6:00 a.m., except vehicles driven by members of the
fire companies of the Borough of Butler, provided that the vehicles have been
parked as the result of firemen reporting for duty to fight a fire or some related activity.
(3) No person other than a member of the fire companies of the Borough of Butler
shall park a vehicle at any time within those parking stalls designated for firemen only
and striped in yellow.
(4) Persons other than members of the fire companies of the Borough of Butler may
park in the parking stalls not designated for firemen only and striped in white
during those times when the drivers of said vehicles are participating in or
attending functions at the Carey Avenue Firehouse, only.
225:7
§ 225-18.1
BUTLER CODE
§ 225-18.3
B. Every person convicted of a violation of the provisions of this section or any supplement
thereto shall be liable for a penalty of not more than $50.
C. The parking of vehicles in and around the Butler Police Headquarters shall be limited
and restricted as follows: [Added 7-21-1998 by Ord. No. 1998-28]
(1) Visitor parking "for police business only" in parking stalls marked as same located
on the north side of the main parking lot running for 65 feet from High Street east
to the bridge leading into the park.
(2) There shall be no public or visitor parking in parking stalls marked "police
vehicles only" which are located in front of the garage bays, along with the two
stalls marked "communication specialist" which are located on the east and the
south portion of the main lot.
(3)
There shall be no visitor or public parking in the center apron area of the lot.
§ 225-18.2. Handicapped parking. [Added 11-18-1985 by Ord. No. 23-85; amended
2-14-1989 by Ord. No. 6-89; amended 2/16/2021 by Ord. No. 2021-1; amended 3-15-2022 by
Ord. No. 2022-02]
A. There are hereby established the following handicapped parking spaces which shall be
utilized only by those persons to whom a handicapped permit has been issued by the
Department of Motor Vehicles:
(1)
On Main Street, a handicapped parking space located on the north side of Main
Street approximately 318 feet from Short Street.
(2) On West Belleview Avenue, two handicapped spaces located on the south side of
West Belleview Avenue adjacent to Tax Lot 26, Block 40, on the Tax Maps of the
Borough of Butler, approximately 560 feet from Gifford Street.
(3) On Cook Street, one handicapped parking space located on the west side of Cook
Street in front of Lot29, Block 10 as shown on the Tax Map of the Borough of Butler.
(4) On Arch Street, a handicapped parking space located on the westerly side in front of
Block 16, Lot 16.01 on the Tax Map of the Borough of Butler, also known as 103
Arch Street.
B. It shall be unlawful for any unauthorized vehicle to park in a space designated for
handicapped parking on any private or public property within the Borough of Butler.
[Added 10-9-1990 by Ord. No. 1990-212 ]
C. Any person violating the terms of this section shall be subject to a fine of $250 for a first
offense. For any subsequent violation of this section, a fine of at least $250 and up to 90
days of community service shall be imposed. [Added 10-9-1990 by Ord. No. 1990-213 ;
amended 10-7-2003 by Ord. No. 2003-23]
§ 225-18.3. (Reserved) 4
2. Editor's Note: This ordinance also repealed former § 225-18.2B concerning violations and marking of spaces.
3. Editor's Note: This ordinance also repealed former § 225-18.2C concerning violations and marking of spaces.
4. Editor's Note: Former § 225-18.3, Museum parking lot, added 12-17-1985 by Ord. No. 22-85, was repealed 7-21-1992
by Ord. No. 1992-13. For current provisions, see § 225-23.
225:8
§ 225-19
VEHICLES AND TRAFFIC
§ 225-22
§ 225-19. Loading zones designated.
The locations described in Schedule X (§ 225-47), attached to and made a part of this chapter,
are hereby designated as loading zones.
§ 225-19.1. Temporary loading zones. [Added 1-21-1986 by Ord. No. 1-86]
A. There are hereby established two loading zones, which loading zones are located as
follows: beginning at a point 100 feet in an easterly direction on Main Street, from the
intersection of Main Street and Manning Avenue, and beginning at a point 440 feet in an
easterly direction on Main Street, from the intersection of Main Street and Manning
Avenue, which loading zones encompass an area normally utilized for parking, but which
shall be treated as loading zones for utilization by trucks when appropriate signs are
posted in the area giving clear notice that the area is about to be utilized or is being
utilized as a loading zone for commercial vehicles.
B. During those periods of time that the area described above is posted with signs indicating
that it is to be used for a loading zone, no one shall park a vehicle in that area or use the
area other than for a loading zone for commercial vehicles.
C. Any person convicted of utilizing the above-described loading zone when properly
posted as a loading zone for uses other than a loading zone shall be fined the sum of $50.
§ 225-20. (Reserved) 5
§ 225-21. (Reserved) 6
ARTICLE VII
Municipal Parking Lots
§ 225-22. Restrictions.
A. Type of vehicle prohibited. Parking of all trucks over two tons gross weight is hereby
prohibited in the municipal parking lots of the Borough.
B. Repair and maintenance work prohibited. No general repair and maintenance work shall
be permitted to be undertaken on vehicles parked in the municipal parking lots of the
Borough other than simple emergency remedial repairs. Any disabled vehicle requiring
more extensive repair shall be removed from the lot within two hours of such
disablement and, if not so removed, may be towed away by the Borough at the owner's
expense, and the owner shall be fined under the provisions of § 225-4.
5. Editor's Note: Former § 225-20, Taxi stands designated, was repealed 2-20-2007 by Ord. No. 2007-3.
6. Editor's Note: Former § 225-21, Bus stops designated, was repealed 10-18-2005 by Ord. No. 2005-23.
225:9
§ 225-23 BUTLER CODE § 225-25
§ 225-23. Parking limit on certain lots. [Amended 6-2-1980 by Ord. No. 80-8; 7-21-1992
by Ord. No. 1992-13; 10-16-2001 by Ord. No. 2001-19; 2-19-2002 by Ord. No. 2002-5;
2-24-2002 by Ord. No. 2007-1; 5-15-2007 by Ord. No. 2007-10; 2-19-2008 by Ord. No.
2008-2]]
A.
Harmon lot. Parking at the Harmon parking lot located near the intersection of Boonton
Avenue and Carey Avenue shall be limited as follows:
(1)
Spaces designated as "permit parking only" shall be limited to parking by
vehicles which have obtained a permit from the Borough Clerk and shall
include permitted overnight parking.
(2)
All other parking shall be limited to 6:00 a.m. to 11:00 p.m., and there
shall be no overnight parking.
B.
Permit parking at the Harmon lot. The following provisions apply to permit parking in the
Harmon lot:
(1)
Fees for a permit to park in the lot will be issued as available for an annual fee of
$600 per person or a six-month permit for $300. The permits will be available in six-
month increments beginning January 1 of each calendar year.
(2)
Permit parking shall be available for noncommercial vehicles only.
(3)
Permit parking shall be limited to residents of Butler.
(4)
There shall be no more than two permits permitted per family.
(5)
Permits shall be nonrefundable and nontransferable.
(6) The Borough Administrator, with the consent of the Borough Council, shall
determine on an annual basis the total number of spaces which shall be designated for
permit parking.
(7) Permit parking shall be prohibited during such times when snow plowing on the lot is
necessary or when parking lot maintenance is required.
(8)
Each application must include all applicant information and vehicle identification.
ARTICLE VIII
Turn Prohibitions and Lane Reservations
§ 225-24. U-turns.
No person shall make a U-turn on any of the streets or parts of streets described in Schedule
XIII (§ 225-50), attached to and made a part of this chapter.
§ 225-25. Turns at intersections.
No person shall make a turn of the kind designated (left, right, all) at any of the locations
described in Schedule XIV (§ 225-51), attached to and made a part of this chapter.
225:10
§ 225-26 VEHICLES AND TRAFFIC § 225-30
§ 225-26. Prohibited right turns on red signal.
No person shall make a right turn when facing a steady red signal (stop indication) at any of
the locations described in Schedule XV (§ 225-52), attached to and made a part of this
chapter, whenever official signs are present prohibiting such turn.
§ 225-27. Lane use reservations.
The lane locations described in Schedule WI (§ 225-53), attached to and made a part of this
chapter, are designated as lane use reservations and traffic shall move only as indicated.
ARTICLE IX
Emergency No Parking
§ 225-28. Designation of snow emergency no-parking areas.
A. Whenever snow has fallen and the accumulation is such that it covers the street or
highway, no vehicle shall be parked on either side of any of the streets or parts thereof
described in Schedule XVII (§ 225-54), attached to and made a part of this chapter.
B. The above parking prohibitions shall remain in effect after the snow has ceased until the
streets have been plowed sufficiently and to the extent that parking will not interfere with
the normal flow of traffic.
§ 225-29. Posting of signs.
A. Upon the declaration of an emergency, there shall be no parking upon streets or sections
of streets where temporary emergency no-parking signs are displayed. The Chief of
Police or, in his absence, the ranking police officer, is authorized to declare an
emergency and to direct the posting of emergency no-parking signs when weather
conditions, accidents, fires, public celebrations or such other situations or occasions
dictate or require the avoidance of hazards or other conditions which interfere with the
free flow of traffic.
B.
Notification that emergency no-parking signs are being or will be posted shall be given
to the operator or owner of any vehicle which has been parked prior to the posting of the
signs.
§ 225-30. Removal of vehicles.
Any unoccupied vehicle parked or standing in violation of this Article shall be deemed a
nuisance and a menace to the safe and proper regulation of traffic and any police officer may
provide for the removal of such vehicle. The owner shall pay the reasonable costs of removal
and storage which may result from such removal before regaining possession of the vehicle.
225:11
§ 225-31 BUTLER CODE § 225-35
§ 225-31. Effectiveness of article.
The effectiveness of this article is contingent upon signs being erected as required by law.
ARTICLE X
Speed Limits
§ 225-32. Limits established.
The speed limit for both directions of traffic along the streets or parts thereof described in
Schedule XVIII (§ 225-55), attached to and made a part of this chapter, is hereby established
at the rate of speed indicated.
§ 225-33. Posting of signs.
Regulatory and warning signs shall be erected and maintained to effect the above-designated
speed limits as authorized by the Department of Transportation.
§ 225-33.1. Low-speed vehicles. [Added 5-16-2006 by Ord. No. 2006-15]
A. Definitions. Unless specifically provided, the following words and terms shall be
construed and defined as follows:
LOW-SPEED VEHICLE — A motor vehicle:
(1)
That is four-wheeled;
(2) Whose speed attainable in 1.6 km (one mile) is more than 32 kilometers per hour
(20 miles per hour) and not more than 40 kilometers per hour (25 miles per hour)
on a paved level surface; and
(3)
Whose GVWR is less than 1,134 kilograms (2,500 pounds).
B. It shall be a violation of this chapter to operate a low-speed vehicle upon any public road
or highway under the jurisdiction of the Borough of Butler.
ARTICLE XI
Traffic Control Signals
§ 225-34. Traffic signals established.
Traffic control signals shall be installed and operated at the intersection of those streets
described in Schedule XIX (§ 225-56), attached to and made a part of this chapter.
§ 225-35. Installation of signals.
The traffic signal installation shall be in accordance with the provisions of An Act Concerning
Motor Vehicles and Traffic Regulations, Subtitle 1 of Title 39 of the Revised Statutes, shall
225:12
§ 225-35 VEHICLES AND TRAFFIC § 225-37
conform to the design and shall be maintained in operation as authorized by the Department
of Transportation of the State of New Jersey.
ARTICLE XII
No-Passing Zones
§ 225-36. No-passing zones established.
No-passing zones are hereby established and maintained along those streets or parts of streets
described in Schedule XX (§ 225-57), attached to and made a part of this chapter, as
authorized by the New Jersey Department of Transportation in accordance with the sketch
dated and numbered as indicated.
ARTICLE XIII
Regulation of Private Property
§ 225-37. Application of Subtitle 1 of Title 39 to private property.
A. Pursuant to N.J.S.A. 39:5A-1, the Motor Vehicle and Traffic Regulations of Subtitle 1 of
Title 39 of the New Jersey Statutes shall apply to the private properties listed in Schedule
XXI (§ 225-58), attached to and made a part of this chapter.
B. Meadtown Shopping Center. [Added 3-4-1986 by Ord. No. 3-867 ]
(1) Upon the placing of the notice hereinafter described, no person shall stand or park
any vehicle on the lands or premises commonly known as the "Meadtown
Shopping Center" in the Borough of Butler without the permission of the owner,
occupant, lessee or licensee thereof. Such notice shall consist of a sign not less
than 18 inches by 24 inches upon which there shall be written the words
"Three-Hour Parking for Customers Only," together with a statement that parking
on said premises without the permission of the owner or occupant constitutes a
violation of this section.
(2) Said sign shall be posted upon said land or premises by the owner or occupant,
lessee or licensee, and, upon such posting, the provisions of this section shall apply
thereto.
C. Butler Ridge Apartment Complex. [Added 4-12-1994 by Ord. No. 1994-4]
(1)
All vehicles must park only in designated areas and between the lines provided.
(2) Handicapped parking. All stalls shall be 12 feet wide as shown on the attached site
plan and signed with R7-8 (reserved parking sign and penalty plat) in the
designated parking areas for persons who have been issued the handicapped
parking permits by the Division of Motor Vehicles.
7. Editor's Note: This ordinance also provided that it shall take effect as provided by law and upon the approval thereof
by the Commissioner of Transportation of the State of New Jersey.
225:13
§ 225-37
BUTLER CODE
§ 225-37
(3) Through street. The following streets or parts of streets are hereby designated as
through streets. Stop signs shall be installed on the near right side of each street
intersecting the through street, except where yield signs have been provided for in
the designation:
Name of Street
Limits
Center Court
Entire length
Edgemere Court
Entire length
(4)
Speed limits.
(a) The speed limits for both directions of traffic in the parking lots shall be 15
miles per hour.
(b) The speed limits for both directions of travel on the following roads are:
Speed Limit
Name of Street
All courts
(mph)
15
Location
Entire length
(c) Regulatory and warning signs shall be erected and maintained to effect the
above designated speed limits authorized by the Department of
Transportation.
(5) Tow-away. Any vehicle parked or standing as to obstruct or impede normal flow
of traffic, block entrances or exitways, loading zones, oil fills, any grass area,
pedestrian walkway or present in any way a safety or traffic hazard may be
removed by towing the vehicle at the owner's or operator's expense.
(6) Restricted parking. No person shall stop or stand a vehicle any time upon any of
the streets or parts of streets described:
Name of Street
Side
Hours
Location
Center Court
Both
All
Entire length
Edgemere Court
Both
All
Entire length
(7) All signs, posts or other necessary materials shall be installed and paid for by the
applicant. Work shall be checked by the Police Department to ensure installations
meet state and federal specifications, and all signing shall conform to the current
Manual on Uniform Traffic Control Devices.
(8) Unless another penalty is expressly provided by New Jersey State statute, every
person convicted of a violation of this subsection or any supplement thereto shall
be liable to a penalty of not more than $50 or imprisonment for a term not
exceeding 15 days, or both.
225:14
§ 225-37
VEHICLES AND TRAFFIC
§ 225-37
(9) Effect of regulations. If any part of this regulation is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portion of the
regulation.
D. Cambridge Heights. [Added 10-18-2005 by Ord. No. 2005-22]
(1)
General parking.
(a) All vehicles must park in designated areas and between the lines provided.
(b) No person shall stop or stand a vehicle upon any of the streets or parts of
streets described below, except in areas covered by other parking restrictions.
Name of Street
Sides
Hours
Location
All roads and
aisles
Both
All
As indicated on the site
plan 8
(c) Handicapped parking. All stalls shall be 12 feet wide as shown on the
attached site plan9 and signed with the R7-8 and R7-8P (Reserved Parking
Sign and Penalty Plate), in the designated parking areas for persons who have
been issued a handicapped parking permit by the Motor Vehicle Commission.
(2)
Through streets and stop intersections.
(a) Through streets. The following streets or parts of streets are hereby
designated as through streets. Stop signs shall be installed on the near-right
side of each street intersecting the through street except where yield signs are
provided for in the designation.
Name of Street
Limits
Cambridge Drive
Entire length
(b) Stop intersections. The following described intersections are hereby
designated as stop intersections. Stop signs shall be installed as provided
therein.
Intersection
Stop Sign On
Exit "A" and Maple Lake Road
Exit "A"
(3)
One-way streets. The following described streets or parts of streets are hereby
designated as one-way streets in the direction indicated.
8. Editor's Note: The site plan is on file in the Borough offices.
9. Editor's Note: The site plan is on file in the Borough offices.
225:15
§ 225-37
BUTLER CODE
§ 225-37
Name of Street
Direction
Limits
Exit "A"
West
Entire length
(4)
Speed limits.
(a) The speed limit for both directions of travel on the following roadways are:
Speed Limit
Name of Roadway
All roads and aisles
(mph)
15
Limits
Entire length
(b) Regulatory and warning signs shall be erected and maintained to effect the
above-designated speed limits authorized by the Department of
Transportation.
(5) Tow-away zones. Any vehicle parked or standing as to obstruct or impede a
normal flow of traffic, block entrances or exitways, loading zones, oil fills, any
grassy area pedestrian walkway, or present in any way a safety or traffic hazard
may be removed by towing the vehicle at the owner's or operator's expense.
(6)
Loading zone(s). The locations described are hereby designated as loading zones.
No person shall park a vehicle in said location during the times indicated other
than for the loading or unloading of goods and materials.
Name of Street
Sides
Hours
Location
Cambridge Drive
Both
All
As indicated on the site plan 10
(7) Authorized vehicles only. The following streets or parts of streets shall be
designated as use for authorized vehicles only. No vehicle other than an authorized
vehicle shall enter upon the below roadway.
Name of Street
Limits
Winthrop Road
Between Lakeside Avenue and Terrace Lake
Drive
(8) All signs, posts, or other necessary materials shall be installed and paid for by the
applicant. All signing shall conform to the current Manual on Uniform Traffic
Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.
(9) Unless another penalty is expressly provided for by New Jersey Statute, every
person convicted of a violation of this subsection or any supplement thereto shall
10. Editor's Note: The site plan is on file in the Borough offices.
225:16
§ 225-37
VEHICLES AND TRAFFIC
§ 225-38
be subject to a penalty of not more than $50 or imprisonment for a term not
exceeding 15 days, or both.
ARTICLE XIV
Schedules
§ 225-38. Schedule I: No Parking.
In accordance with the provisions of § 225-9, no person shall park a vehicle at any time upon
any of the following described streets or parts of streets:
Name of Street
Ace Road [Added 4-13-1993 by
Side
Both
Location
Entire length
Ord. No. 1993-6]
Argonne Road [Added 5-18-2010 by
Ord. No.2010-3]
Both
Entire Length
Bartholdi Avenue [Added
7-15-1986 by Ord. No. 14-86]
West
From the intersection of Washington
Avenue and Bartholdi Avenue 210 feet
to telephone pole No. BMP616
Boonton Avenue
Both
From Carey Avenue to West Belleview
Avenue
Boonton Avenue
Both
From Hasbrouck Avenue to Valley Road
Boonton Avenue
Both
From 200 feet south of Route 23 to 200
feet north of Route 23
Boonton Avenue [Added
East
From the intersection of Hasbrouck
7-15-1986 by Ord. No. 14-86]
Avenue and Boonton Avenue to the
intersection of Belleview Avenue and
Boonton Avenue
Boonton Avenue
East
From Main Street south for 170 feet
Boonton Avenue
West
From 65 feet south of Kiel Avenue to
Carey Avenue
Carey Avenue
North
From Boonton Avenue to Robert Street
Cook Street [Added 10-21-1997
by Ord. No. 1997-23]
East
From Boonton Avenue to Belleview
Avenue for a distance of 390 feet
Decker Road [Added 5-12-1992
by Ord. No. 1992-6]
Northeast
From Debow Terrace to the Nire
Building driveway, approximately 900
feet
Decker Road [Added 5-20-2008
by Ord. No. 2008-5; Amended
11-17-2008by Ord. No. 2008-15]
Northeast
Beginning at the exit of the Aaron
Decker School running west 120.
Decker Road [Added 4-6-1981
by Ord. No. 81-1]
West
From Leonard Road to driveway exit of
Aaron Decker School parking lot
Elm Street [Added 10-21-1997
by Ord. No. 1997-23]
South
From Beech Street West for a distance
of 145 feet
Homestead Avenue [Added
10-21-1997 by Ord. No. 1997-23]
East
From Kiel Avenue to end of Homestead
Avenue for a distance of 550 feet
225:17
§ 225-38
BUTLER CODE
§ 225-38
Name of Street
John Street [Added 4-6-1981 by
Ord. No. 81-1]
Side
East
Location
Entire length
High Street [Added 1-19-2010 by
Ord. No. 2010-1]
North
From Robert Street to Park Place (a
distance of 596 feet)
Kiel Avenue
Both
From Boonton Avenue west for 165 feet
Kiel Avenue [Added 4-13-1993
by Ord. No. 1993-6]
North
From the intersection of Whitteck Street
and Kiel Avenue 75 feet in both the
easterly and westerly directions
Kiel Avenue [Added 7-15-1986
by Ord. No. 14-86]
Northwest
From the intersection of Maple Court
and Kiel Avenue 575 feet to the
intersection of Boonton Avenue and
Kiel Avenue
Lafayette Avenue [Added
8-21-2001 by Ord. No. 2001-20]
South
East of Bartholdi Avenue
Lincoln Road [Added 6-19-2007
by Ord. No. 2007-16]
Both
250 feet in a westerly direction from the
intersection of Lincoln Road and Route
23
Mabey Lane
South
From Bartholdi Avenue to Boonton
Avenue
Mabey Lane [Added 7-19-1994
by Ord. No. 1994-10]
South
554 feet from the intersection of
Bartholdi Avenue to the east curb on
Pearl Place
Main Street [Amended 5-7-1984
by Ord. No. 6-84]
North
From 290 feet east of Short Street east
for 813 feet
Main Street [Amended 5-7-1984
by Ord. No. 6-84]
South
From Park Place east for 1,182 feet
Maple Lake Road [Added
1-17-2006 by Ord. No. 2006-1]
Both
Beginning at the common municipal
boundary line between the Borough of
Kinnelon and the Borough of Butler and
running in a northerly direction for a
distance of approximately 2,028 feet
along the center line of Maple Lake
Road, a curbed roadway of varying
pavement width, and ending at the
intersection of Maple Lake Road with
the Paterson Hamburg Turnpike, shall
be designated as a no-parking zone
along its entire length
Morse Avenue [Added 5-17-2005
by Ord. No. 2005-6]
Both
No parking on either side of Morse
Avenue from its projected intersection at
Route 23 N and continuing northeasterly
down Morse Avenue approximately 550
feet to the intersection with the
southerly lot line of Lot 39 in Block 78
225:18
§ 225-38
VEHICLES AND TRAFFIC
§ 225-39
Name of Street
Morse Avenue
Side
Both
Location
Within 25 feet of the driveway entrance
to the Tri-Boro First Aid Squad building
and on the side opposite the entrance to
the building, within 75 feet of the
entrance
North Western Avenue [Added
10-21-1997 by Ord. No. 1997-23]
East, south
and west
From Kiel Avenue to Kiel Avenue for a
distance of 1,690 feet
Orchard Street [Added
10-21-1997 by Ord. No. 1997-23]
South
From Spring Street to Roosevelt Avenue
for a distance of 330 feet
Outlook Street [Added
10-21-1997 by Ord. No. 1997-23]
North
From Cascade Way to Greenwood
Avenue for a distance of 550 feet
Plane Street
Both
From Short Street east for 50 feet
Plane Street [Added 7-16-1991
by Ord. No. 1991-5]
East
Between the driveway of 17 Plane Street
and 40 Third Street
Smith Street [Added 10-21-1997
by Ord. No. 1997-23]
South
From Roosevelt Avenue to end of Smith
Street for a distance of 500 feet
Spring Street [Added 10-21-1997
by Ord. No. 1997-23]
West
From Kiel Avenue to Smith Street for a
distance of 1,100 feet
Terrace Avenue [Added
10-3-1983 by Ord. No. 18-83]
South
From Holly Court to Lakeside Avenue
Valley Road [Added 2-14-1989
by Ord. No. 7-89]
North
From a point 348 feet from Cedar Street
a distance of 80 feet
Valley Road [Added 7-19-1994
by Ord. No. 1994-10]
South
From Boonton Avenue to Grace Valley
Road
Valley Road [Added 2-14-1989
by Ord. No. 7-89]
South
From a point 470 feet from Grace
Valley Road a distance of 92 feet
Valley Road [Added 6/16/2009
by Ord. No. 2009-3]
VanHouten Avenue [Added
10-21-1997 by Ord. No. 1997-23]
South
West
Beginning at the intersection with
Roosevelt Avenue to Route 23.
From Terrace Avenue to end of
VanHouten Avenue for a distance of
630 feet
Washington Street [Added
6-17-2003 by Ord. No. 2003-14]
South
Entire length
Whitteck Street [Added
4-13-1993 by Ord. No. 1993-6]
East
From the intersection of Kiel Avenue
and Whitteck Street a distance of 75 feet
Whitteck Street [Added
2-14-1989 by Ord. No. 7-89]
West
From Kiel Avenue for its entire length
§ 225-39. Schedule II: No Parking Certain Hours.
[Amended 4-6-1981 by Ord. No.
81-1; Amended 3-17-2020 by Ord. No. 2020-2]
In accordance with the provisions of § 225-10, no person shall park a vehicle between the
hours listed upon any of the following described streets or parts of streets:
225:19
§ 225-39
BUTLER CODE
§ 225-40
Name of Street
Bartholdi Avenue
Side
East
Hours/Days
7:30 a.m. to 9:00 pm
Location
From Belleview Avenue
Hillcrest Avenue
[Added 3-17-2020 by Ord.
No. 2020-2]
Both
Monday – Friday
9:00 a.m. to 5:00 pm
From the Intersection with
Route 23 North to a point
400 feet in the Northerly
direction along Hillcrest
Avenue
Kiel Avenue
South
a.m., 2:00 p.m. to
3:30 p.m./school
days
Hasbrouck Avenue
East
7:00 a.m. to 7:00
p.m.
From 97 feet east of
Maple Court to 78 feet
west of Maple Court
Lakeside Avenue [Added
10-3-1983 by Ord. No.
18-83; amended 8-4-2003
by Ord. No. 2003-20]
All/All
From Terrace Avenue to
Hamburg Turnpike
Park Place
East
4:00 p.m. to 7:00
p.m./Mon.-Sat.;
8:00 a.m. to 1:00
p.m./Sun. and
holidays
From High Street to
Main Street
Pearl Place
Both
8:00 a.m. to 4:00
p.m./ school days
From Mabey Lane to
Hasbrouck Avenue
Terrace Avenue [Added
North
8:00 a.m. to 8:00
From Holly Court to
10-3-1983 by Ord. No.
18-83]
p.m./from May 25
to September 15
Lakeside Avenue
§ 225-40. Schedule III: No Stopping or Standing.
In accordance with the provisions of § 225-11, no person shall stop or stand a vehicle between
the times specified upon any of the following described streets or parts of streets:
Name of Street
Decker Road [Added
Side
West
Hours/Days
All times
Location
From the southerly curbline of
7-19-1994 by Ord. No.
1994-10]
of the Butler Plaza shopping
center entrance to a point
660 feet southerly therefrom
to where the Decker Road
curbline meets the Kiel
Avenue curbline
Decker Road [Added
7-19-1994 by Ord. No.
1994-10]
West and
North
8:00 a.m. to 4:00
p.m./Mon.-Fri.
From the northerly curbline of
the Butler Plaza shopping
center entrance to a point
900 feet northerly and
easterly therefrom to the
point where the Decker Road
curbline is met by the
easterly school property line
225:20
§ 225-40
VEHICLES AND TRAFFIC
§ 225-41
Name of Street
Side
Hours/Days
Location
Main Street [Added
12-18-1979 by Ord. No.
79-20]
East
All times
From Park Place east for 205
feet
§ 225-41. Schedule IV: Time Limit Parking. [Amended 4-6-1981 by Ord. No. 81-1]
In accordance with the provisions of § 225-12, no person shall park a vehicle for longer than
the time limit shown upon any of the following streets or parts of streets:
Name of Street
Side
Time Limit;
Hours/Days
Location
Arch Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Main Street north for
800 feet
Bartholdi Avenue
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Carey Avenue to
Belleview Avenue
Bartholdi Avenue
West
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Belleview Avenue to
Mabey Lane
Belleview Avenue
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Bartholdi Avenue to
Boonton Avenue
Belleview Avenue
[Amended 6-19-1984 by
Ord. No. 7-84]
North
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Bartholdi Avenue to
Pearl Place
Belleview Avenue [Added
2-13-1990 by Ord. No.
1990-3]
South
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Pearl Place to Myrtle
Avenue
Boonton Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Kiel Avenue to Brook
Street
Butler Place
Both
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
From Pearl Place to Myrtle
Avenue
Carey Avenue [Amended 1-
19-2010 by Ord. No. 2010-1]
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Carey Avenue 381 ft. from
Boonton Ave. toward
Bartholdi Avenue.
Hasbrouck Avenue
[Amended 6-19-1984 by
Ord. No. 7-84]
South
1 hour; 8:00 a.m.
to 4:00 p.m.,
school days
Entire length
High Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From Boonton Avenue to
John Street
225:21
§ 225-41
BUTLER CODE
§ 225-41
Name of Street
Side
Time Limit;
Hours/Days
Location
John Street
West
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Kiel Avenue
North
2 hours; 7:00 a.m.
to 7:00 p.m.
From 165 feet east of
Boonton Avenue to Maple
Court
Kiel Avenue
North
1 hour; 7:00 a.m.
to 7:00 p.m.
From Maple Court to
Gifford Street
Kiel Avenue
South
1 hour; 7:00 a.m.
to 7:00 p.m.
From 165 feet east of
Boonton Avenue to Gifford
Street
Main Street [Amended
2-20-2007 by Ord. No.
2007-3]
Both
2 hours; 7:00 a.m.
to 7:00 p.m.,
including Sundays
and public
holidays
Entire length
Manning Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Park Place
East
2 hours; 7:00 a.m.
to 4:00 p.m.
From High Street to Main
Street
Park Place
West
1 hour; 7:00 a.m.
to 7:00 p.m.
From Main Street to Kiel
Avenue and High Street
Pearl Place [Amended
East
1 hour; 8:00 a.m.
From Belleview Avenue to
6-19-1984 by Ord. No.
7-84; 7-16-2002 by Ord.
No. 2002-34]
to 4:00 p.m.,
school days
Hasbrouck Avenue
Plane Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
Short Street
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
Entire length
West Belleview Avenue
Both
1 hour; 7:00 a.m.
to 7:00 p.m.
From 200 feet west of
Boonton Avenue to 130 feet
east of Boonton Avenue
Whitteck Street
[Amended 4-13-1993 by
Ord. No. 1993-6]
East
1 hour; 7:00 a.m.
to 7:00 p.m.
From a point 75 feet from
the intersection of Kiel
Avenue and Whitteck Street
through the remainder of
Whitteck Street
225:22
§ 225-42 VEHICLES AND TRAFFIC § 225-42
§ 225-42. Schedule V: Trucks Over Certain Weight Excluded. [Amended 9-18-1984 by
Ord. No. 17-84]
In accordance with the provisions of § 225-13, trucks over the indicated gross weight are
hereby excluded from the following described streets or parts of streets, except for the pickup and
delivery of materials on such streets:
Name of Street
Weight Limit
(tons)
Location
Bartholdi Avenue
4
Entire length
Belleview Avenue [Added
12-17-1996 by Ord. No. 1996-13;
amended 4-15-1997 by Ord. No.
1997-5]
4
From Bartholdi Avenue to Morse
Avenue
Carey Avenue
4
From Robert Street to end
Cascade Way [Added 2-14-1989 by
Ord. No. 4-89]
4
Entire length from Route 23 to
Borough of Kinnelon boundary
line
Dean Road [Added 3-4-1986 by
Ord. No. 4-86; amended 6-2-1987
by Ord. No. 8-87 11 ]
4
From Boonton Avenue to Siek
Road within the Borough of
Butler towards Cutlass Road in
the Borough of Kinnelon
Decker Road [Added 5-12-1992 by
Ord. No. 1992-6]
4
Entire length
Hasbrouck Avenue [Added
7-20-2004 by Ord. No. 2004-8]
4
From Bartholdi Avenue to
Boonton Avenue
High Street
4
From Robert Street to Fairview
Avenue
Hillcrest Avenue [Added 5-19-1998
by Ord. No. 1998-16]
4
Entire length
Lafayette Avenue [Added 9-19-1989
by Ord. No. 28-89]
4
Entire length
Maybe Lane [Added 7-20-2004 by
Ord. No. 2004-8]
4
From Bartholdi Avenue to
Boonton Avenue
Morse Avenue [Added 12-17-1996
by Ord. No. 1996-13; amended
4-15-1997 by Ord. No. 1997-5]
4
From Route 23 to Belleview
Avenue
Myrtle Avenue [Added 12-17-1996
by Ord. No. 1996-13; amended
4-15-1997 by Ord. No. 1997-5]
4
From Morse Avenue to Carey
Avenue
11. Editor's Note: This ordinance also provided that regulatory and warning signs shall be erected and maintained to
effectuate the above-designated weight limitation as authorized by the Department of Transportation and that this
ordinance shall take effect upon approval by the Commissioner of Transportation.
225:23
§ 225-42
BUTLER CODE
§ 225-44
Name of Street
Weight Limit
(tons)
Location
Roosevelt Avenue [Amended
5-19-1998 by Ord. No. 1998-16]
4
Entire length
Western Avenue [Added 5-19-1998
by Ord. No. 1998-16]
4
Entire length
§ 225-43. Schedule VI: One-Way Streets.
In accordance with the provisions of § 225-14, the following described streets or parts of
streets are hereby designated as one-way streets in the direction indicated:
Stop Sign on
Direction of
Travel
Location
Argonne Road
[Added 5-18-2010 by Ord. No.
2010-3]
South
Entire Length from Route 23 South
to opposite end onto Route 23
South
Boonton Avenue
South
From Kiel Avenue to Carey
Avenue
Carey Avenue
East
From Boonton Avenue to Robert
Street
Cascade Way [Added 7-15-1980 by
Ord. No. 80-9]
East
From Roosevelt Avenue to Route
23
Cook Street [Added 7-15-1986 by Ord. No. 14-86; repealed 4-21-1987 by Ord. No.
3-87]
High Street
West
From Robert Street to Boonton
Avenue
Mabey Lane
East
From Bartholdi Avenue to Pearl
Place
Mabey Lane
West
From Bartholdi Avenue to
Boonton Avenue
Pearl Place
North/East
From Mabey Lane to Hasbrouck
Avenue
Robert Street
North
From Carey Avenue to High
Street
§ 225-44. Schedule VII: Through Streets.
In accordance with the provisions of § 225-15, the following described streets or parts of
streets are hereby designated as through streets. Stop signs shall be installed on the near right
side of each street intersecting the through street, except where yield signs are provided for in
the designations.
Name of Street
Limits
Bartholdi Avenue
From Route 23 to Carey Avenue Belleview
Avenue
From Cleary Avenue to Bartholdi Avenue
Boonton Avenue
From the Kinnelon-Butler line to Route 23
225:24
§ 225-44
VEHICLES AND TRAFFIC
§ 225-46
Name of Street
Limits
Boonton Avenue
From Route 23 to Main Street
Carey Avenue
From Myrtle Avenue to Boonton Avenue
Cascade Way
From Route 23 to the Kinnelon-Butler line
Decker Road
From Kiel Avenue to Hamburg Turnpike
High Street [Amended 6-16-1992 by
From Fairview Avenue to Robert Street
Ord. No. 1992-10]
Kiel Avenue
From Route 23 to Boonton Avenue
Main Street
Entire length
Paterson-Hamburg Turnpike
Entire length
Valley Road
From Boonton Avenue to Route 23
§ 225-45. Schedule VIII: Stop Intersections.
In accordance with the provisions of § 225-16, the following described intersections are
hereby designated as stop intersections, and stop signs shall be installed as follows:
Intersection
Stop Sign On
Argonne Road and Route 23 South
Argonne Road
[Added 5-18-2010 by Ord. No. 2010-3]
Gormley Lane and Kikeout Road
Kikeout Road
John Street and Central Avenue
Central Avenue
Kikeout Road and Tintle Road
Tintle Road
Morse Avenue and Struble Street
Struble Street
Myrtle Avenue and Richard Street
Myrtle Avenue and Richard Street*
*Three-Way Stop Intersection
Pearl Place and Hasbrouck Avenue
Hasbrouck Avenue
Pine Street and New Street
Pine Street
[Added 7-20-2010 by Ord. No. 2010-4]
Sunset Avenue and Leonard Road
Sunset Avenue
[Added 7-20-2010 by Ord. No. 2010-4]
South Gifford Street and Elm Street
South Gifford Street
[Added 7-20-2010 by Ord. No. 2010-4]
§ 225-46. Schedule IX: Yield Intersections.
In accordance with the provisions of § 225-17, the following described intersections are
hereby designated as yield intersections, and yield signs shall be installed as follows:
Intersection
Yield Sign On
(Reserved)
.
225:25
§ 225-47
BUTLER CODE
§ 225-51
§ 225-47. Schedule X: Loading Zones.
In accordance with the provisions of § 225-19, the following described locations are hereby
designated as loading zones:
Name of Street
Side
Location
(Reserved)
§ 225-48. (Reserved) 12
12. Editor's Note: Former § 225-48, Schedule XI: Taxi Stands, was repealed 2-20-2007 by Ord. No. 2007-3
§ 225-49. (Reserved) 13
§ 225-50. Schedule XIII: U-Turn Prohibitions.
In accordance with the provisions of § 225-24, no person shall make a U-turn at any of the
following locations:
Name of Street Location
Main Street [Added 5-19-1998 by Ord. No. Park Place to Manning Avenue (including
1998-17] turns into parking places)
§ 225-51. Schedule XIV: Prohibited Turns at Intersections.
In accordance with the provisions of § 225-25, no person shall make a turn of the kind
designated below at any of the following locations:
Intersection Turn Prohibited Time Movement Prohibited
Bartholdi Avenue and Left All Northbound on Bartholdi
Lafayette Street Avenue to westbound on
[Added 12-17-1996 Lafayette Avenue
by Ord. No. 1996-13;
amended 4-15-1997 by
Ord. No. 1997-5;
2-16-1999 by Ord. No.
1999-5]
Hillcrest Avenue and Left All Left turn off of Hillcrest Kiel
Avenue onto Kiel Avenue
[Added 5-18-2010 by
Ord. No. 2010-3]
225:26
§ 225-52 VEHICLES AND TRAFFIC § 225-53
§ 225-52. Schedule XV: Prohibited Right Turns on Red Signals. [Amended 12-13-
1994 by Ord. No. 1994-19]
In accordance with the provision of § 225-26, no person shall make a right turn when
facing a steady red signal (stop indication) in any of the following locations:
Location Prohibited Right Turn
Decker Road Onto Hamburg Turnpike
§225-53. Schedule XVI: Lane Use Reservations.
In accordance with the provisions of § 225-27, all vehicles shall move as described below:
Intersection
(Location) Lane Reserved Purpose
(Reserved)
13. Editor's Note: Former § 225-49, Schedule XII: Bus Stops, as amended, was repealed 10-18-2005 by Ord. No. 2005-23.
225:27
§ 225-54 VEHICLES AND TRAFFIC § 225-56
§ 225-54. Schedule XVII: Snow Emergency No-Parking Areas. [Amended 6-17-2003 by
Ord. No. 2003-15]
In accordance with the provisions of § 225-28, no person shall park a vehicle upon either side of
any of the streets or parts of streets within the Borough of Butler whenever snow has fallen and
the accumulation is such that it covers the street or highway:
§ 225-55. Schedule XVIII: Speed Limits. [Amended 11-12-2019 by Ord. No. 2019-17;
Amended 03-12-2022 by Ord. No. 2022-03]
In accordance with the provisions of § 225-32, speed limits are hereby established upon the
following described streets or parts thereof:
Name of Street
Speed Limit
(miles per hour)
Location
Bartholdi Avenue
[Amended 5-17-1988 by
Ord. No. 13-88; 2-14-1989
by Ord. No. 5-89]
30
From Route 23 to Carey Avenue, except
for 25 miles per hour when passing
through the Butler High School and St.
Anthony Elementary School zone while
"25 MPH When Flashing" signs are
operating, during recess or while
children are going to or leaving school
during opening or closing hours
Boonton Avenue
35
Zone 1 — From the south Borough line
to Route 23
Boonton Avenue
40
Zone 2 — From Route 23 to Mabey
Lane
Boonton Avenue
35
Zone 3 — From Mabey Lane to Main
Street
Kiel Avenue
35
Zone 1 — From Route 23 to Witteck
Street
Kiel Avenue
30
From Witteck Street to Boonton Avenue
Paterson-Hamburg Turnpike
Marion Avenue
Von Blitz Avenue
35
20
20
From the west Morris County line to the
east Morris County line
Entire Length
Entire Length
§ 225-56. Schedule XIX: Traffic Control Signals.
In accordance with the provisions of § 225-34, traffic control signals shall be installed at the
following described intersections:
Intersections
(Reserved)
225:28
225-57
BUTLER CODE § 225-58
§ 225-57. Schedule XX: No-Passing Zones.
In accordance with the provisions of § 225-36, no-passing zones are hereby established and
shall be maintained upon the following described streets or parts of streets:
Name of Street
Location
Bartholdi Avenue [Added 5-19-1998 by
From Carey Avenue to Route New Jersey 23,
Ord. No. 1998-14]
a distance of 3,650 feet
Decker Read [Added 12-11-1990 by Ord.
From Hamburg Turnpike to Kiel Avenue
No. 1990-25]
Main Street [Added 5-19-1998 by Ord. No. From Passaic-Morris County line to the
1998-14]
Morris-Passaic County line, a distance of
3,370 feet
Park Place [Added 5-19-1998 by Ord. No.
From Main Street to Kiel Avenue-High
1998-14]
Street, a distance of 440 feet
Paterson-Hamburg Turnpike [Added
From Passaic-Morris County line to the
5-19-1998 by Ord. No. 1998-14]
approach of Route New Jersey 23, a distance
of 6,880 feet
§ 225-58. Schedule XXI: Regulation of Private Property.
In accordance with the provisions of § 225-37 and pursuant to N.J.S.A. 39:5A-1, Subtitle 1 of
Title 39 of the New Jersey Statutes shall apply to the following private properties:
Name of Property
Location
Grand Union Shopping Center [Added
1510 Route 23, Lot 1, Block 201, on the
7-21-1987 by Ord. No. 14-87]
Borough Tax Map
Meadtown Shopping Center
Kiel Avenue and Route 23, Lot 1, Block 54,
on the Borough Tax Map
225:29
Chapter 230
VIOLATIONS AND PENALTIES
§ 230-1. General penalty.
§ 230-2. Violations and penalties.
§ 230-3. Repeat violations.
§ 230-4. Abatement of housing or zoning code violations.
§ 230-5. Separate violations.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 6-13-1989 by
Ord. No. 20-89; amended in its entirety 4-18-2006 by Ord No. 2006-7. Subsequent
amendments noted where applicable.]
§ 230-1. General penalty.
The penalty for a violation of any provision of this Code which refers to this chapter or for
which no other penalty is provided shall be as set forth herein.
§ 230-2. Violations and penalties.
A. The person, firm or corporation violating any provisions of the Borough Code or any
ordinance of the Borough of Butler for which no other penalty is provided shall be
subject to imprisonment in the county jail for a term not exceeding 90 days, or by a
period of community service not exceeding 90 days, or by a fine not exceed $2,000, or
by any combination thereof.
B. There shall be a minimum penalty for the violation of any provision of this Code or any
Borough ordinance for which no other penalty is provided of a fine of $100.
C. The court before which any person is convicting of violating any ordinance covered by
this chapter shall have the power to impose any fine, term of imprisonment, or period of
community service not less than the minimum and not exceeding the maximum set forth
in this section.
§ 230-3. Repeat violations.
Any person who is convicted of violating any ordinance within one year of the date of a
previous violation of the same ordinance and who is fined for the previous violation, shall be
sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed
by the Court upon a person for a repeat offense shall be not less than $100 nor more than
$2,000, but shall be calculated separately from the fine imposed for the violation of the
Ordinance.
§ 230-4. Abatement of housing or zoning code violations.
The maximum fine for the violation of any housing or zoning code shall be $1,250 unless the
owner is provided with a thirty-day period in which they are given an opportunity to cure or
230:1
§ 230-4 BUTLER CODE § 230-5
abate the condition after being afforded an opportunity for a hearing before the Court and an
independent determination concerning the violation. In the event the Court determines that the
abatement has not been substantially completed within the thirty-day period, a fine not to
exceed $2,000 may be imposed.
§ 230-5. Separate violations.
Each day that any Borough ordinance shall be violated shall be construed to be a separate and
distinct violation subjecting the person, firm, or corporation convicted of violating the
ordinance to separate and cumulative penalties under this chapter.
230:2
Chapter 234
WATER
§ 234-1.
Title.
§ 234-2.
Definitions.
§ 234-3.
Connection procedures.
§ 234-4.
Installation.
§ 234-5.
Rules and regulations.
§ 234-6.
Refusal to admit inspector.
§ 234-7.
Fees and rates; billing procedures.
§ 234-8.
Interruption, discontinuance or termination of service.
§ 234-9.
Violations and penalties.
§ 234-10. Water emergency.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler as Ch. XII of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
§ 234-1. Title.
This chapter shall be known as the "Borough of Butler Water Ordinance." The rules and
regulations herein ordained, wherever applicable, shall be taken to be and considered a part of
the contract with every person supplied with water by the Water Department and shall be
bound hereby and by the definitions, terms and conditions hereof and any supplements hereto
and amendments hereof.
§ 234-2. Definitions.
Whenever in this chapter the following words, clauses or terms are used, they shall be
construed to mean and shall have the meanings herein defined, unless otherwise specifically
stated or some other meaning is obviously and clearly intended:
AGENT — The occupant, in the absence of instructions from the owner of any property or
premises or his duly authorized agent to the contrary of any property or premises, insofar as
his relations to the Department may be concerned, with respect to water uses and existing
services.
DEPARTMENT — The Water Department of the Borough of Butler.
MAINS — All pipes, other than supply pipes and service pipes, used for conveying or
distributing water in the Borough.
OWNER — Any person, firm, corporation or association actually owning any property or
premises, which is or can be prospectively supplied with water, or his duly authorized agent.
PREMISES — A single-family dwelling or a two-family dwelling or an apartment house
occupied by more than one family or a building occupied for industry, business or other
purposes by one or more persons, together with the land appurtenant thereto and such
outbuildings as are used exclusively in connection therewith or any part of a building with the
land appurtenant thereto when sold as a separate unit.
234:1
§ 234-2
BUTLER CODE
§ 234-4
SERVICE PIPE — The pipe extending from the curb stop into privately owned property or
premises for supplying water thereto.
SUPPLY PIPE — Any pipe connected to the main and extending thence to and including the
curb stop or valve at the curbline of the street.
UNIT — A room or group of rooms located within a building and leased, occupied or
intended to be leased or occupied as a self-contained dwelling or commercial entity.
[Added
2-9-1993 by Ord. No. 1992-28]
WATER RATES — Rates or prices to be charged for water furnished by the Department to
any consumer.
§ 234-3. Connection procedures.
A. Extensions to or construction of new mains. Extensions to or the construction of new
mains within the service area may be initiated by the Borough Council or upon petition
from property owners or citizens upon forms provided by the Department. All water
mains shall be a minimum of eight inches in diameter and consist of cast iron cement
lined pipe. The Borough Council shall prescribe the terms and conditions upon which
such petition will be granted and shall require the written acceptance and guaranty
thereof by the applicants. If it is granted, the Council will direct the Department to
proceed, as promptly as possible, with the work. The cost of such extension, unless
otherwise provided by the Borough Council, shall be prorated among the property
owners benefited thereby on a front-foot basis. The provisions of this chapter shall be
subject to the requirements of N.J.S.A. 48:2-27 and 14A:1-9.
B. Application for water supply. Application for the introduction of Borough water on
existing mains or for change in an existing water supply to any property shall be made in
writing by the owner thereof or his authorized agent, upon forms supplied by the
Department and all conditions thereof duly subscribed to on such forms. Upon the receipt
thereof, the Department shall make or cause to be made an inspection of the premises
and, unless the application is rejected for cause, shall render a bill to the owner of such
premises. Upon payment in full of such a bill, the Department shall proceed with the
work as promptly as practicable. No additional connections or alterations to existing
connections shall be made to any premises, unless and until charges of every nature due
the Department from such owner or against such premises are first paid. [Amended
2-9-1993 by Ord. No. 1992-28]
§ 234-4. Installation. [Amended 2-9-1993 by Ord. No. 1992-28]
A. Supply pipes shall be furnished and installed by the Department at the expense of the
customer and maintained by the Department at the Borough's cost and shall remain the
property of the Borough. Service pipes conforming to Borough specifications will be laid
to the premises from the curb to the dwelling by the owner or occupant of such premises
at his own cost and expense. When new service pipes are installed to any property, the
curb cock shall be left closed and will thereafter be opened only by the Department upon
request of the owner of such property, which request must be in writing. Under no
circumstances shall curb cocks be opened or closed by any person not an authorized
234:2
§ 234-4
WATER
§ 234-4
employee of the Department. Any necessary street opening permits for installing service
connections shall be obtained from the Borough, which shall not be required to furnish
service until after such permits are granted. The charges, if any, for permission to open
the street shall be paid by the customer.
B. Meters.
(1) Installation. All meters shall be installed by the Borough unless otherwise directed
by the Borough.
(2) Meter test. The Borough shall, without charge, make a test of the accuracy of a
meter upon the request of a customer, provided that such customer does not make
a request for a test more frequently than once in 12 months. A report giving results
of such tests shall be made to the customer, and a complete record of such tests
shall be kept on file at the offices of the Borough.
(3) Adjustment of charges.
(a) Whenever a meter is found to be registering fast by 2% or more, an
adjustment of charges shall be made in accordance with the following:
[1] If the date when the meter had first become inaccurate can definitely be
ascertained, then the adjustment shall be such percentage as the meter is
found to be in error at the time of the test on the amount of the bills
covering the entire period that the meter had registered inaccurately.
[2] In all other cases the adjustment shall be such percentage as the meter is
found to be in error at the time of the test on 1/2 of the total amount of
the billing affected by the fast meter since the previous test.
(b) No adjustment shall be made for a period greater than the time during which
the customer has received service through that meter.
(4) Regulating authority. All other applicable regulations of the New Jersey Board of
Public Utilities Commission shall govern, where appropriate.
C. Service connection for subdivided premises. Where a building, originally built as a single
building or premises and fitted with one service pipe but capable of being divided by sale
or otherwise, has been or may hereafter be subdivided, the separate divisions so made
shall be reported to the Department and, if considered necessary, shall be connected to
the mains by separate service pipes within 30 days from the date of notification by the
Department so to do.
D. Protection against freezing; responsibility of owner. Service pipes running from curb
cock and between the cellar wall or meter likely to be exposed to freezing temperatures
must be effectively protected from freezing. All service pipes, including mains, shall be
installed at a depth not less than four feet. Thawing out of service pipes, when freezing
has occurred on the house side of the curb stop, shall be the responsibility of the owner,
and payment for the same shall be made by the owner.
234:3
§ 234-5 BUTLER CODE § 234-7
§ 234-5. Rules and regulations.
A. Use of check valves. No unauthorized check valve or similar apparatus shall be installed
on any premises in such a manner as to prevent water from backing into the Borough
mains if a higher pressure is developed on such premises, by heat or otherwise, than the
pressure in the Borough system, except on fire lines. The Department shall not be
responsible for any damage caused thereby, and, if such apparatus is found upon
inspection, it shall be removed at once upon written notice.
B. Connection of water from other sources. No premises using water from any other source
shall be connected with the Borough mains in any manner contrary to the rules and
regulations of the State Department of Health or any of its agencies.
C. Sale or resale of water. No owner or consumer furnished with water by the Department
shall sell, resell or offer for sale any of such water without first receiving the consent of
the Borough.
D. Reconnection or disconnection of water. No person shall either reconnect or disconnect
water service to any property serviced with water by the Borough without the express
permission of the Borough. It is a violation of this chapter for any person to disconnect
or reconnect water service without first receiving the consent of the Borough. [Added
8-20-2002 by Ord. No. 2002-39]
§ 234-6. Refusal to admit inspector.
No person shall hinder or refuse to admit any Borough commissioner, officer, inspector,
foreman or other authorized employee of the Department, upon presentation of a badge or
other credentials to any premises supplied with Borough water, for the purpose of making
inspection thereof, including the examination of the entire water supply and plumbing system
upon such premises.
§ 234-7. Fees and rates; billing procedures. [Amended 3-5-1979 by Ord. No. 79-3;
7-17-1979 by Ord. No. 79-13; 9-15-1981 by Ord. No. 17-81; 3-1-1982 by Ord. No. 82-2;
6-7-1982 by Ord. No. 82-6; 2-19-1985 by Ord. No. 85-2; 4-1-1986 by Ord. No. 6-86;
6-17-1986 by Ord. No. 13-86; 3-17-1987 by Ord. No. 2-87; 3-15-1986 by Ord. No. 5-88;
12-6-1988 by Ord. No. 30-88; 2-9-1993 by Ord. No. 1992-28; 3-19-2024 by Ord. No. 2024-
02]
A. Service fees.
(1) Maintenance; responsibility of owner; costs. The owner is responsible for the
operable condition of any device installed on the owner's service from the curbbox,
except the meter. When meters are damaged through the owner's negligence,
however, the owner shall be charged for the necessary repairs. The costs to be
charged to the owner for such repairs shall cover all materials, labor and
replacement of the same in an acceptable condition. [Amended 12-20-2005 by
Ord. No. 2005-26]
(2)
Other service fees.
234:4
§ 234-7
(a)
WATER
§ 234-7
Reconnection or disconnection of service:
[Amended 8-20-2002 by Ord.
No. 2002-39]
[1]
Regular service charge (7:00 a.m. to 3:00 p.m., Monday through
Friday): $75.
[2]
Anytime not within regular service hours: $150.
(b)
Testing meters. The following rates shall be charged only in the event that it
is determined that a meter is in good condition and only in the event that
there is more than one request for a test in a year:
Size of Meter
(inches)
Fee
5/8
$30
3/4
$35
1
$50
1 1/2
$70
2
$80
(c)
Charges for setting meters and remote registers. The following rates shall be
charged to set meters and remote registers at the following charges:
Size
Meter Only
Remote Register
Meter and
(inches)
Only
Register
5/8
$45
$15
$60
3/4
$65
$15
$80
1 or larger
$95
$15
$110
B. Water rates. The following rents, rates and charges are hereby established for water
supplied by the Department: [Amended 11-17-1997 by Ord. No. 1997-26; 1-19-1999
by Ord. No. 1999-2; 3-18-2008 by Ord. No. 2008-4; 4-20-2010 by Ord. No. 2010-1A;
7/26/2015 by Ord. No. 2015-15; 3-17-2021 by Ord. No. 2021-4]
(1)
Domestic metered. This schedule of rates shall consist of two (2) parts or
elements, first, a fixed charge; and second, a proportional charge.
(a) Fixed meter service charge (based on the size of the meter required to
serve the customer on a quarterly basis) shall be as follows:
234:5
§ 234-7
BUTLER CODE
§ 234-7
Size of Meter Per Quarter Butler & Jurisdictional Customers
(inches)
2024
2025
2026 and beyond
5/8
$45.00
$47.50
$50.00
3/4
$45.00
$47.50
$50.00
1
$65.00
$68.65
$72.25
1-1/2
$82.15
$86.75
$91.30
2
$102.00
$107.70 $113.50
3
$253.00
$267.00 $281.00
4
$504.00
$532.00 $560.00
6
$958.00
$1011.25
$1064
8
$1,254.00
$1,324.00
$1,394.00
Provided, however, that each multi-tenant residential or nonresidential building supplied
through one (1) service connection or meter shall pay for each unit supplied through the service
connection as follows:
2024
Forty Five Dollars ($45.00)
2025
Forty Seven Dollars and 50 cents ($47.50)
2026 and beyond
Fifty Dollars ($50.00)
(b) Proportional Charge. In addition to the fixed charge, all metered water shall be charged as
follows: The rent per one thousand (1,000) gallons shall be:
2024
Five Dollars and 25 cents ($5.25).
2025
Five Dollars and 50 cents ($5.50).
2026 and beyond
Five Dollars and 75 cents ($5.75).
Provided, however, that each multi-tenant residential or nonresidential building supplied
through one (1) service connection or meter shall pay for each unit supplied through the
service connection as follows:
2024
Forty Five Dollars ($45.00)
2025
Forty Seven Dollars and 50 cents ($47.50)
2026 and beyond Fifty Dollars ($50.00)
(b) Proportional Charge. In addition to the fixed charge, all metered water shall be charged as
follows: The rent per one thousand (1,000) gallons shall be:
2024
Five Dollars and 25 cents ($5.25).
2025
Five Dollars and 50 cents ($5.50).
2026 and beyond
Five Dollars and 75 cents ($5.75).
234:6
§ 234-7 BUTLER CODE § 234-7
C.
Fire service. Rates for fire protection service shall be the following:
(1)
Private fire service connection for hydrants and hose connections for sprinkler
systems on private property at the following rate:
Sprinklered Area
Charge
(square feet)
(per quarter)
Up to 2,000
$40
To 25,000
$80
To 50,000
$90
To 100,000 and over
$100
(2)
Where private fire service connection is not metered, a quarterly charge of $25 per
yard hydrant or $25 per hose or sprinkler connection shall be made.
D. Billing procedures.
(1)
Provisions. [Amended 8-20-2002 by Ord. No. 2002-39]
(a) All service shall be billed quarterly.
(b) Private dwellings constructed or altered to house two or more families shall
be billed for each unit separately, after inspection by the Department.
(2)
Collection of bills.
234:7
§ 234-7
WATER
§ 234-7
(a) Bills for water supplied for any quarterly period or fraction thereof shall be
dated on the last day of such period or on the day when the water is turned
off and shall be due and payable on the date when dated.
(b) If bills are not paid within 30 days of the date they are rendered, they shall
be delinquent and shall bear interest on the delinquent amount at a rate
established by the Borough for delinquent real estate taxes. Amounts due on
delinquent bills shall become a lien upon the real estate for which the water
service has been supplied, as provided by law. [Amended 12-16-1997 by
Ord. No. 1997-28]
(3)
Nonpayment of a lien upon property.
(a) Under the laws of the State of New Jersey, all charges for water, including
interest, are liens upon the premises or property on account of which such
charge is incurred, until paid and satisfied.
(b) Where water is turned off because of nonpayment of charges, it shall not be
turned on again until such charges have been paid, including the fee for such
turning on.
E.
Bulk sales. The following rates are hereby established for bulk sales of water:
[Amended 11-17-1997 by Ord. No. 1997-26; 1-19-1999 by Ord. No. 1999-2;
3-18-2008 by Ord. No. 2008-4]
Customer
Butler and Jurisdictional Customers
(per quarter)
Borough of Kinnelon
$2.50
Passaic Valley Water Commission
$2.50
F.
Security deposit for water supply service. [Amended 3-18-2008 by Ord. No. 2008-4]
(1) The residential tenant shall pay a water supply service deposit of $100 prior to
receiving water supply service as a customer.
(2) The commercial tenant shall pay a water supply service deposit of an estimated
quarterly bill based upon usage of similar type businesses prior to receiving water
supply services as a customer.
G. (Reserved)
H. Connection fee. A connection fee shall be charged for each connection of any property to
the water supply system. The connection fee shall be $1,500. [Amended 9-23-1997 by
Ord. No. 1997-21]
I. Temporary water hookup permit. A permit may be obtained to allow the temporary usage
of Borough water in connection with construction activities, including road construction
activities utilizing a fire hydrant connection. A temporary water usage permit shall allow
the permittee to utilize Borough water for a thirty-day period. The fee for the permit shall
234:8
§ 234-7
BUTLER CODE
§ 234-8
be $75 per day of usage for all but residential dwelling construction. For residential
construction, the fee shall be $100 per unit for the ninety-day period. The method of
connection or utilization of Borough water shall be subject to the approval of the
Borough Water Department Superintendent. [Added 9-23-1997 by Ord. No. 1997-19]
§ 234-8. Interruption, discontinuance or termination of service. [Amended 12-6-1988 by
Ord. No. 29-88]
A. Service interruption.
(1) In the event that it becomes expedient to shut off the water from any section of the
Borough because of accidents or fire, or in order to make repairs or extensions, or
for other necessary purposes, the Department shall endeavor to give timely notice
to those affected thereby and shall, so far as practicable, use its best efforts to
prevent inconvenience or damage arising from such cause. Failure to give such
notice or to receive the same shall not render the Department responsible or liable
for damage to property or any refund that may result therefrom or from any other
cause.
(2) Whenever any notice is required to be given by the Department, it shall be given
in person, by telephone or by mailing a copy thereof, postage prepaid, at the post
office in the Borough, to the last known address of the person to be notified, as the
same appears on the books of the Department, and the notice so given shall be
conclusively deemed to have been given at the time of mailing.
(3) At no time shall the Department be liable for damage caused by defective or
leaking fixtures.
B.
Discontinuance of service.
(1) Where it is desired to permanently discontinue the use of Borough water on any
premises, a request, in writing if so desired, stating the reasons therefor shall be
made by the owner to the Department. The Department shall turn off the water at
the curb cock, and the charges for waters to such premises will thereafter be
abated.
(2) In case of temporary vacancy by the owner or occupant of any premises, the water
shall be turned off at the curb cock by the Department, upon written request
therefor stating the period of such discontinuance, and shall be turned on again on
the last-named date. A charge shall be made for this service as provided in
§ 234-7A(2) hereof.
(3) Where the premises are left unoccupied or vacant, no rebate will be allowed for
water registered by the meter unless the water is turned off at the curb cock.
C. Termination of service. [Amended 8-20-2002 by Ord. No. 2002-39]
(1) In the event that a water bill or sewer bill remains unpaid for a period of 30 days
after the bill is rendered and mailed, the service to said premises may be
terminated, upon notice as provided hereafter.
234:9
§ 234-8
WATER
§ 234-10
(2) Notice of termination of service for nonpayment shall be forwarded by mail to the
customer at least 10 days prior to the scheduled shutoff. If service is disconnected,
the owner of the property shall be notified also. [Amended 3-18-2008 by Ord.
No. 2008-4]
(3) The notice of termination shall state the date of the proposed termination of service
and the reason therefor.
§ 234-9. Violations and penalties.
A. Violation. Whenever the Borough Council shall restrict the use of Borough water by
order duly published, or by proclamation issued by the Mayor of the Borough, no person
shall use Borough water in violation of such order or proclamation and for such a
violation shall be subject to the provisions of the subsection on penalties, but without the
notice as therein provided.
B. Penalties.
(1) Failure to meet any provisions of this chapter after being duly notified shall be
penalized by discontinuance of service until such irregularities are rectified.
(2)
For penalty provisions, see Chapter 230, Violations and Penalties.
[Amended
6-7-1982 by Ord. No. 82-5; 6-13-1989 by Ord. No. 20-89]
§ 234-10. Water emergency. [Added 11-12-1990 by Ord. No. 1990-23]
A. Declaration of water emergency. Whenever the Borough Council shall be satisfied and
finds that a water emergency exists in the Borough, it may adopt a resolution declaring
that a water emergency exists in the Borough. Such resolution shall be adopted by the
governing body at any regular, special, adjourned or emergency public meeting of the
Borough Council. Such resolutions shall identify that portion of the Borough affected by
the water emergency, which may include the entire Borough, and shall specify which of
the water use regulations contained in Subsection B of this section is being imposed, as
well as any exemptions as may be authorized. Such resolution shall be effective
immediately upon publication according to law and shall continue in effect for 90 days,
unless extended or repealed as set forth in Subsection C of this section.
B. Water use restrictions. Upon adoption by the Borough Council of a resolution declaring
that a water emergency exists in the Borough in accordance with Subsection A of this
section, all citizens shall be urged to observe voluntary indoor conservation measures and
any of the following water use restrictions shall be imposed and shall be applicable to all
residents and tenants, except where a bona fide health emergency exists and to exempt
businesses, as specified herein during the water emergency:
(1) The complete ban and prohibition of outside water usage, including the watering of
lawns and plants, the filling of pools and the washing of cars; or
(2) Outside water usage on alternate days allowing outside water usage by persons or
businesses having even house numbers on even days and those having odd house
234:10
§ 234-10
BUTLER CODE
§ 234-10
or box numbers on odd days, with outside water usage being completely banned
and prohibited on the thirty-first-day of any month during the water emergency; or
(3) Any other water use restriction specified by the governing body in the resolution
required by Subsection A of this section which is reasonable under the
circumstances considering the nature and extent of the water emergency. Any
water restriction imposed pursuant to this subsection shall be limited in application
to that portion of the municipality, which may include the entire municipality,
identified as being affected by the water emergency in the resolution of the
governing body adopted in accordance with Subsection A of this section.
C. Duration of water use restrictions. The resolution of the Borough Council required by
Subsection A of this section shall, in addition to complying with Subsection A, provide a
period of time during which the water use restrictions imposed shall be applicable and
which shall be no longer than reasonably necessary to abate the water emergency under
the circumstances considering the nature and extent of the water emergency. At the
expiration of the time period specified in the resolution, the water use restriction shall
lapse and be inapplicable and unenforceable. If the Borough Council shall be satisfied
that the water emergency has been abated prior to the expiration of the time period
specified in the resolution, it shall adopt a resolution declaring the water emergency
ended and the water use restrictions inapplicable. If, at the expiration of the time period
specified in the resolution, the Borough Council shall be satisfied that the water
emergency continues to exist, it may adopt a resolution in accordance with the
requirements of this section continuing the water use restrictions.
D. Enforcement of water use restrictions. The water use restrictions imposed pursuant to this
section shall be enforced during a water emergency by the Water Foreman or a member
of the Police Department of the Borough of Butler. Whenever the Water Foreman or a
member of the Police Department shall find a violation of the water use restrictions, he
or she shall give the violator a written warning and explain the penalties for a second and
third offense as provided in Subsection E of this section. The Water Foreman shall keep
such records as may be reasonable and necessary for the purpose of determining the
persons and businesses who have been warned upon a first offense. The Water Foreman
or a member of the Police Department is hereby empowered to write summonses for the
violation of the water use restrictions imposed pursuant to this section.
E. Penalties. After the first offense, upon which a written warning shall be issued pursuant
to Subsection D of this section, any person who thereafter violates the water use
restrictions imposed under this section shall be subject to the penalties set out in Chapter
230, Violations and Penalties.
234:11
PART III
BOARD OF HEALTH
LEGISLATION
Chapter 240
GENERAL PROVISIONS, BOARD OF HEALTH
ARTICLE I
Interpretation and Enforcement
§ 240-1. Provisions to apply.
§ 240-2. Emergency powers of Health Officer.
§ 240-3. Right of entry.
§ 240-4. Special health reporting officers.
ARTICLE II
Adoption of Code by Board of Health
[HISTORY: Adopted by the Board of Health of the Borough of Butler as indicated in article
histories. Amendments noted where applicable.]
ARTICLE I
Interpretation and Enforcement
[Adopted as Ch. BH-1 of the Revised General Ordinances of 1976]
§ 240-1. Provisions to apply.
The provisions of Chapter 1 of the Code of the Borough of Butler in the County of Morris
concerning short title, definitions, construction and severability shall apply to all chapters
adopted by the Board of Health.
§ 240-2. Emergency powers of Health Officer.
Whenever the Health Officer finds that the public safety will not permit delay, he may
exercise one or more of the following powers without having to resort to legal proceedings
and without the necessity of giving notice or holding any hearing which would otherwise be
required under any provision of this Code:
A. Power to prevent the sale of food. The Health Officer may prohibit the importation into
the Borough or sale of any food, drink or other item intended for human consumption or
use from a source suspected of being infected, contaminated, unsanitary, unhealthy or
dangerous.
B. Power to seize and destroy unwholesome food. The Health Officer may order the seizure
and destruction of any food, drink or other item intended for human consumption which
is unwholesome or dangerous or likely to cause sickness or injury to the persons who
consume it.
240:1
§ 240-3 BUTLER CODE § 240-3
§ 240-3. Right of entry.
A. Inspection of premises. The Board of Health, its agents and employees shall have the
right to inspect any premises in the Borough if they have reason to believe that any
provision of this Code is being violated or as part of a regular program of inspection.
B. Search warrant. If the owner or occupant of any premises refuses to permit entry for the
purpose of inspection, the Board of Health may apply to the Municipal Judge for a
search warrant. The application shall be based upon an affidavit setting forth that the
inspection is part of a regular program of inspection or that conditions and circumstances
provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy
condition exists on the premises. If the Judge 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.
§ 240-4. Special health reporting officers.
There shall be, when appointed by the Board of Health, special health reporting officers who
shall promptly report to the Board every violation of health ordinances and rules and
regulations which may come within their observation and knowledge. The police and fire
officers of the Borough may be designated special health reporting officers of the Board of
Health.1
ARTICLE II
Adoption of Code by Board of Health
[An ordinance adopting Part III of the Code of the Borough of Butler and making
certain substantive changes to existing Board of Health ordinances of the Borough is
presently proposed before the Board of Health. Upon final adoption, it will be included
here as Article II of this chapter.]
1. Editor's Note: Former § 240-5, Licenses; fees, as amended, which immediately following this section, was repealed
2-24-1993 by Ord. No. 93-01.
240:2
Chapter 247
FOOD ESTABLISHMENTS, RETAIL
§ 247-1. Title; adoption of standards.
§ 247-2. License required.
§ 247-3. Fees.
§ 247-4. License expiration and renewal.
§ 247-5. Transferability of license.
§ 247-6. Revocation of license.
§ 247-7. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 2-24-1993 as part
of Ord. No. 93-01.1 Amendments noted where applicable.]
§ 247-1. Title; adoption of standards.
Chapter 247 shall be entitled "Food Establishments, Retail," and pursuant to the N.J.S.A.
26:1A-1 through 26:1A-7 et seq., there is adopted N.J.A.C. 8:24-1.1 through 8:24-13.14 and
the supplements and additions thereto.
§ 247-2. License required.
No person shall operate a retail food establishment or food and beverage machine unless a
license to operate the same shall have been issued by the Department of Health. Such license
shall be posted in a conspicuous place in such establishments.
§ 247-3. Fees.
There shall be a fee established for a license or license approval issued pursuant to this
chapter. Retail food establishment licenses and associated fees shall be defined as follows:
A. CLASS I, Food and drink: any retail food establishment, including those defined in
Chapter 12 of the New Jersey State Sanitary Code, in which food or drink is prepared,
served, handled or provided for the public with or without charge.
Type
Fee
Nonseating
$100.00
Prepackaged only
$50.00
1 to 50 seats
$100.00
51 to 100 seats
$125.00
101 seats and over
$150.00
1. Editor's Note: This ordinance also provided for the repeal of former Ch. 247, Food Establishments, Retail, adopted as
Section BH:3-4 of the Revised General Ordinances of 1976.
247:1
§ 247-3 BUTLER CODE § 247-6
B. CLASS II, Supermarket: any nonseating food establishment as defined in Class I which
is 12,000 square feet or more: $200.
C. CLASS III, School: any food establishment as defined in Class I whose principal purpose
is educational: $100.
D. CLASS IV, Mobile food and drink: shall include any motor vehicle or any vehicle cart or
bicycle of any kind, including hand-carried portable containers in which food or drink is
transported, stored or prepared at temporary locations: $50.
E. CLASS V, Temporary retail food establishment: any food establishment as defined in
Class I which operates at a fixed location for a temporary period of time not to exceed
seven days in connection with a fair, carnival, circus, public exhibition or similar
organizational meetings, mobile retail food establishments, as well as agricultural
markets: $50.
F. CLASS VI, vending machine: any self-service device which, upon insertion of a coin,
paper currency, token, card, key or by any other means, dispenses unit servings of food,
either in bulk or in packages without the necessity of replenishing the device between
each vending operation.
Type
Fee
Prepackaged only
$20.00
Gumball
$5.00
All others
$40.00
G. CLASS VII, Nonprofit: any food establishment as defined in Class I which has been
provided with a Federal Internal Revenue Service tax exemption number and prepares or
handles food and drink and serves to the general public: no fee.
§ 247-4. License expiration and renewal.
Licenses issued pursuant to this chapter shall expire annually on December 31 of each year,
and the fee therefor shall not be prorated from the date of issuance. Applications for renewal
thereof shall be submitted, together with the required fee, prior to December 15 of each year.
§ 247-5. Transferability of license.
Licenses issued pursuant to this chapter shall not be transferable nor shall they be construed
as authorizing the licensee or licensees to carry on the business at any place other than that
specified in the license itself.
§ 247-6. Revocation of license.
A license issued pursuant to this chapter may be revoked by the Borough Board of Health for
any good or sufficient reason, provided that due notice thereof shall be given to the licensee
247:2
§ 247-6 FOOD ESTABLISHMENTS, RETAIL § 247-7
and a hearing held before the Board of Health, at which time an opportunity shall be afforded
the licensee to show cause why the license should not be revoked.
§ 247-7. Violations and penalties.
Each violation of this chapter shall constitute a separate offense and shall be punishable by a
civil penalty of not less than $25 nor more than $100 and such other criminal penalties as may
be provided by law.
247:3
Chapter 254
NUISANCES, PUBLIC HEALTH
§ 254-1. Adoption of standards.
§ 254-2. Title.
§ 254-3. Copies on file.
§ 254-4. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-IV of
the Revised General Ordinances of 1976. Section 254-4 amended at time of adoption of
Code; see Ch. 240, General Provisions, Board of Health, Art. II. Other amendments
noted where applicable.]
§ 254-1. Adoption of standards.
A code defining and prohibiting certain matters, things, conditions or acts and each of them as
a nuisance, prohibiting certain noises or sounds, requiring the proper heating of apartments,
prohibiting lease or rental of certain buildings, prohibiting spitting in or upon public buildings,
conveyances or sidewalks, authorizing the inspection of premises by an enforcing official,
providing for the removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances and prescribing
penalties for violations is hereby established pursuant to Chapter 188 of the Laws of 1950.1 A
copy of such code is annexed hereto and made a part hereof without the inclusion of the text
thereof herein.
§ 254-2. Title.
The code established and adopted by this chapter is described and commonly known as the
"Public Health Nuisance Code of New Jersey (1953)."
§ 254-3. Copies on file.
Three copies of the Public Health Nuisance Code of New Jersey (1953) have been placed on
file in the office of the Clerk of this Local Board of Health upon the introduction of this
chapter and will remain on file there for the use and examination by the public.
§ 254-4. Violations and penalties. 2
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
1. Editor's Note: See N.J.S.A. 26:3-69.1 et seq.
2. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
254:1
§ 254-4
BUTLER CODE
§ 254-4
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under any provision of
this chapter shall be paid to the Borough Clerk.
254:2
Chapter 255
PERSONAL HEALTH PROGRAM
§ 255-1. Fees.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 6-23-1994 by
Ord. No. BOH 94-01. Amendments noted where applicable.]
§ 255-1. Fees.
The following fees are hereby established for the personal health program:
Description
Proposed Fee
Coronary risk profile, to include SMAC blood test $15.00 to $25.00
Influenza vaccination (per vaccination)
$5.00
Female Pap smear (per test)
$20.00
Male prostate (per test)
$18.00 to $35.00
Adult tetanus vaccination (per vaccination)
$5.00
Ear wax removal
$7.00
Hemoccult slide (per test)
$5.00
Blood lead, capillary (per test)
$10.00
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Chapter 256
RECREATIONAL BATHING, PUBLIC
§ 256-1. Adoption of standards.
§ 256-2. Title; permits; fees; violations.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 12-8-1993 by
Ord. No. 93-02. Amendments noted where applicable.]
§ 256-1. Adoption of standards.
The Borough Board of Health of the Borough of Butler hereby adopts in its entirety the
provisions of N.J.S.A. 26:1A-7 et seq. and the provisions of the New Jersey Administrative
Code, N.J.A.C. 8:26-1.1 through 8:26-8.9 and the amendments and supplements thereto.
§ 256-2. Title; permits; fees; violations.
A. There is hereby adopted, in its entirety, the provisions of N.J.S.A. 26:1A-7 et seq. and
the provisions of the New Jersey Administrative Code, N.J.A.C. 8:26-1.1 through
8:26-8.9 and the amendments and supplements thereto.
B. Approval by the Department of Health. No person shall operate a public bathing place
within the Borough of Butler unless a license(s) to operate same shall have been issued
by the Department of Health. Said license shall be posted in a conspicuous place at the
facility. Said license shall not be transferable and shall expire on December 31 following
the date of issuance.
C. Fees. The fee for said license or license approval issued pursuant to this section shall be
established as follows:
(1)
Public bathing beach: $400.
(2)
Public hot tub or spa: $50.
(3)
Public swimming pool: $75.
(4)
Public wading pool: $50.
(5)
There shall be no fee for any recreational bathing facility owned and operated by
the Borough of Butler.
D. Denial or suspension of license. The Department of Health shall have the right, in
addition to other penalties herein provided under existing state statutes and regulations
and the provisions of this chapter, to deny, revoke or suspend a license for
noncompliance.
E. Violations and penalties. Each violation of this chapter shall constitute a separate offense
and shall be punishable by a civil penalty of not less than $25 nor more than $1,000 and
such other criminal penalties as may be provided by law. (See N.J.S.A. 26:1A-10.).
256:1
Chapter 257
SANITATION
§ 257-1. Burial of dead animals.
§ 257-2. (Reserved)
§ 257-3. Vehicle requirements.
§ 257-4. License required for sale of ice.
§ 257-5. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-VI of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 72.
Housing standards — See Ch. 136.
Cats — See Ch. 93.
Littering — See Ch. 153.
Dogs — See Ch. 108.
§ 257-1. Burial of dead animals.
Upon the death of any animal within the Borough, it shall be removed by the owner or person
in charge under cover to place of burial immediately and buried at least two feet under the
level of the ground, and at least 500 feet from the public highway.1
§ 257-2. (Reserved) 2
§ 257-3. Vehicle requirements.
All vehicles or receptacles used under any permit for removing the contents of cesspools or
privy vaults, or for carrying swill, garbage or other liquid, or partially liquid material, shall be
only those approved by the Board of Health, and they shall be watertight and be kept clean
and inoffensive when not in use.
§ 257-4. License required for sale of ice.
No person shall sell or offer for sale ice, whether cut within the Borough or brought from
other sources, without first securing a license from the Board of Health.
1. Editor's Note: Original Subsections BH:6-2.1, Permit Required, and BH:6-2.2, Fee, which immediately followed this
section, were deleted at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
2. Editor's Note: Former § 257-2, Receptacle for garbage disposal required, was repealed 2-21-2007 by Ord. No.
2007-01.
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§ 257-5
BUTLER CODE
§ 257-5
§ 257-5. Violations and penalties. 3
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under this chapter shall
be paid to the Borough Clerk.
3. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
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Chapter 260
SEWAGE DISPOSAL SYSTEMS, INDIVIDUAL
§ 260-1.
Adoption of standards.
§ 260-2.
Title.
§ 260-3.
Copies on file.
§ 260-4.
Modifications and amendments to code.
§ 260-5. Permit required.
§ 260-6. Certificate of compliance.
§ 260-7.
License for cleaning system; period of validity; revocation.
§ 260-8.
Hearing.
§ 260-9.
Stop work order.
§ 260-10. Fees and charges.
§ 260-11. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler as Ch. BH-V of
the Revised General Ordinances of 1976. Amendments noted where applicable.]
GENERAL REFERENCES
Sewerage Authority — See Ch. 50. Land use — See Ch. 143.
§ 260-1. Adoption of standards.
A code regulating the location, construction, use, maintenance and method of emptying or
cleaning individual sewage disposal systems, the issuance of permits to locate, construct,
empty or clean such systems, and fixing penalties for the violation thereof, subject to the
deletions therefrom as set forth in § 260-4 of this chapter, is hereby adopted pursuant to
N.J.S.A. 26:3-69.1 to 69.6. A copy of the code is annexed hereto and made a part hereof
without inclusion of the text thereof herein.
§ 260-2. Title.
The code established and adopted by this chapter is described and commonly known as the
"Individual Sewage Disposal System Code of New Jersey (1953)."
§ 260-3. Copies on file.
Three copies of the Individual Sewage Disposal System Code of New Jersey (1953) have
been placed on file in the office of the Secretary, Clerk or other similar officer of this Board
of Health upon the introduction of this chapter and will remain on file in such office for the
use and examination of the public.
§ 260-4. Modifications and amendments to code.
Said Individual Sewage Disposal System Code of New Jersey (1953) is hereby amended and
changed as follows:
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§ 260-4 BUTLER CODE § 260-8
A. Subsection 5.6(e), Prefabricated metal, is hereby deleted from the code, and such
subsection shall hereafter read as follows:
5.6. Materials — Septic tanks may be constructed of the following only:
(a)
Poured-in-place concrete.
(b)
Precast reinforced concrete.
(c)
Concrete block or equal.
(d)
Cinder block or equal.
(e)
Material approved by the administrative authority.
§ 260-5. Permit required.
No person shall locate, construct or alter any individual sewage disposal system until a permit
for the location, construction or alteration of such sewage disposal system shall have been
issued by the Board of Health.
§ 260-6. Certificate of compliance.
New individual disposal systems shall not be placed in operation, nor shall new dwellings or
buildings or additions thereto be sold or occupied, which must rely on such a system for
sewage disposal, until the Board of Health shall have issued a certificate indicating that such
disposal system has been located and constructed in compliance with the terms of the permit
issued and the requirements of the aforesaid code. Issuance of such certificate shall not be
required for alteration to an existing individual sewage disposal system.
§ 260-7. License for cleaning system; period of validity; revocation.
A. Persons shall not engage in the business of emptying or cleaning septic tanks, cesspools,
privies or any place used for the reception or storage of human excrement who do not
hold a license to engage in such business issued by the Board of Health. Such licenses
shall be valid for a period of one year from the date of issuance, but may be renewed by
the Board of Health. The license may be revoked for failure of the licensee to comply
with the provisions of the code or any rule or ordinance of the Board of Health.
B. The contents of any septic tank, cesspool, privy or other receptacle containing human
excrement shall not be removed until a permit for such removal has been obtained from
the Board of Health.
§ 260-8. Hearing.
In case any license, permit or certification required by this chapter is denied by the Board of
Health, a hearing shall be held thereon before the Board of Health within 15 days after request
therefor is made by the applicant, and, upon such hearing, the Board of Health shall affirm,
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§ 260-8 SEWAGE DISPOSAL SYSTEMS, INDIVIDUAL § 260-11
alter or rescind its previous determination and take action accordingly within 15 days after the
date of such hearing.
§ 260-9. Stop work order.
The Board of Health may order all further work in and about any individual sewage disposal
system which is being erected or installed in violation of the code to be stopped forthwith,
except such work as shall be necessary to remedy such violation, and thereafter the work
continued without any violation of any of the provisions of the code. After issuance of any
such order and the service of a copy thereof upon any person connected with or working in
and about the erection or installation of any such disposal system, or any part thereof, no
further work shall be done thereon except as aforesaid.
§ 260-10. Fees and charges. [Amended 9-17-1985 by Ord. No. 85-15]
The following fees and charges are herewith established:
A. For the issuance of a permit to locate and construct or alter an individual sewage disposal
system: $30.
B. For the issuance of a permit to repair a defective residential sewage disposal system: $25.
C. For the issuance of a permit to locate and construct or alter the sewage disposal system
of a commercial establishment: $50.
D. For the issuance of a permit to repair a defective sewage disposal system of a
commercial establishment: $30.
E. For each reinspection of an individual sewage disposal system, or part thereof, caused by
the failure of the permittee to locate and construct, alter or repair the same in accordance
with the terms of the permit issued or the terms of aforesaid code, an inspection fee of $2
shall be charged.
F. For the issuance or a renewal of a license to a person or corporation engaged in the
business of cleaning or emptying receptacles for the reception and storage of human
excrement or other putrescible matter: $15 for each vehicle or conveyance.
G. For the issuance of a permit to clean or empty any receptacle used for the reception or
storage of human excrement or other putrescible matter: $20.
§ 260-11. Violations and penalties. 1
A. Maximum penalty. Any person violating any of the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than $5, nor more than $500 for each
offense. Complaint shall be made in the Municipal Court of the Borough or before such
other judicial officer having authority under the laws of the State of New Jersey. In
1. Editor's Note: Amended at time of adoption of Code; see Ch. 240, General Provisions, Board of Health, Art. II.
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§ 260-11
BUTLER CODE
§ 260-11
addition, the Court shall have the power to impose other penalties provided by N.J.S.A.
26:3-77 and N.J.S.A. 26:3-78.
B. Separate violation. Except as otherwise provided, each and every day in which a
violation of any of the provisions of this chapter exists shall constitute a separate
violation.
C. Collection of fees and penalties. All fees and penalties collected under any provision of
this chapter shall be paid to the Borough Clerk.
260:4
Chapter 263
TATTOO PARLORS
§ 263-1. Definitions.
§ 263-2. License required; fees; requirements.
§ 263-3. Age restrictions; application for tattoo; information required; records.
§ 263-4. Sanitary requirements.
§ 263-5. Regulation of tattoo parlors.
§ 263-6. Violations and penalties.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 11-22-1994 by
Ord. No. BOH 94-02. Amendments noted where applicable.]
§ 263-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF INSPECTION — Written approval from the Health Officer or his
authorized representative that said tattooing establishment has been inspected and meets all
the terms of this chapter.
HEALTH OFFICER — The Butler Borough Public Health Officer or his authorized
representative.
OPERATOR — Any individual, firm, company, corporation or association that owns or
operates an establishment where tattooing is performed and any individual who performs or
practices the art of tattooing on the person of another.
TATTOO ARTIST — One who engages in tattooing.
TATTOO, TATTOOED or TATTOOING — Any method of placing designs, letters, scrolls,
figures, symbols or any marks under the skin with ink or any other substance resulting in the
coloration of the skin by the aid of needles or any other instruments designed to puncture the
skin.
§ 263-2. License required; fees; requirements.
A. It shall be unlawful for any person to engage in the business of operating an
establishment where tattooing is performed without first obtaining a license from the
Borough of Butler Board of Health to engage in such business, in accordance with the
provisions hereof.
B. An application for an initial license shall be accompanied by a fee in the amount of $200.
A change of ownership shall require a new application and license with payment of fees
therefor. All applicants shall submit plans for the establishments to the Borough of Butler
Board of Health prior to initiation or construction.
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§ 263-2
BUTLER CODE
§ 263-4
C. The renewal license fee for engaging in the business of operating a tattoo establishment
within the Borough of Butler shall be $100 per year. All licenses shall expire on the last
day of each calender year. If renovations of the tattoo establishment occur, plans must be
submitted to the Borough of Butler Board of Health, and the applicant will be required to
comply with § 263-4A. The first license expiration date for renewal shall be December
31, 1994.
D. All existing establishments will be considered renewal applications, provided that they
apply for renewal of said license within one month after the effective date of this chapter.
Establishments failing to comply within the specified time period will be considered new
applicants and will be subject to the provisions of Subsection B of this section.
§ 263-3. Age restrictions; application for tattoo; information required; records.
A. Age. It shall be a violation of this chapter for anyone or any tattoo business to tattoo an
individual under 18 years of age without authorization signed by the parent or legal
guardian and witnessed by the operator. The operator shall be responsible for maintaining
the original consent form and copies of all consent information for two years beyond the
recipient's 21st birthday. The operator shall obtain photo identification of the individual
being tattooed.
B. Each person wishing to receive a tattoo must first apply to the operator, on a form
approved by the Borough of Butler Board of Health. A tattoo may then be applied no
sooner than one hour after the time the application is received by the tattooist. If the
applicant is suspected to be under the influence of alcohol, drugs or any other behavioral
modifying substance, the operator must refuse the applicant.
C. All records regarding tattoos are to be maintained for a minimum of two years.
Information required for each applicant referred to in § 263-3B is to include the name,
age, date of birth, address and telephone number of the applicant as well as the design
and location of the tattoo.
§ 263-4. Sanitary requirements.
A. Each tattoo facility shall have a bathroom accessible to the public and staff. Each
bathroom shall be equipped with a commode and a sink, with the sink being connected to
hot and cold running water. Soap and sanitary towels, or other approved hand-drying
devices, shall be available at the sink at all times. Common towels are prohibited. In
addition to the above, each tattooing cubicle or work station must be provided with a
sink connected to hot and cold running water. This area shall also be provided with soap
and appropriate hand-drying facilities.
B. The chair or seat reserved for the person receiving the tattoo shall be of a material that is
smooth and easily cleanable and constructed of material that is nonabsorbent. Any
surfaces on the chair that become exposed to blood or body fluids must be cleaned and
sanitized prior to use by the next customer.
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§ 263-4
TATTOO PARLORS
§ 263-5
C. The work table or counter used by the tattoo artist shall be smooth and easily cleanable
and constructed of material that is nonabsorbent. There shall be a covered junction
between the table/counter and the wall if the table/counter is to be placed against the
wall. This table/counter must be cleaned and sanitized, utilizing a method approved by
the Borough of Butler Board of Health, between customers.
D. The walls in the tattooing area shall be smooth and easily cleanable and constructed of
nonabsorbent material.
E. The floor in the tattooing area shall be of a durable material that is nonabsorbent and is
smooth and easily cleanable. Floors shall be kept clean.
F. Lighting within the tattoo area shall be adequate so as to provide a minimum of 100
footcandles in the areas.
G. The work area reserved for the application of the tattoo shall be separated from other
areas of the establishment by walls or durable partitions extending at least six feet in
height and so designed to discourage any person other than the customer and the tattoo
artist from being in the work area.
H. Any surfaces in the establishment that become exposed to blood or body fluids must be
cleaned and sanitized, utilizing a method approved by the Borough of Butler Board of
Health.
I. Products used in the cleaning, sanitizing and sterilizing procedures must be clearly
marked and stored in an acceptable manner. Smaller working containers filled on-site
from larger containers must be clearly marked with the name of the product.
J.
Proper waste receptacles shall be provided and waste disposed of at appropriate intervals.
K.
Medical waste shall be disposed of in compliance with N.J.A.C. 7:26-3A.1 and all laws,
rules and regulations applicable to the disposal of medical waste. All medical waste
disposal records must be maintained on the premises for a three-year period.
§ 263-5. Regulation of tattoo parlors.
A. Tattoo artist.
(1) A Hepatitis B preexposure vaccination or proof of immunity is required for all
tattoo artists. Any accidental needle stick injury shall be reported to the Borough of
Butler Board of Health. If a person cannot obtain vaccination for medical reasons,
he shall submit to the Borough of Butler Board of Health a letter from his
physician certifying that the individual does not have Hepatitis B and the
vaccination is contraindicated. This certification shall be annually renewed.
(2) All tattoo artists shall pass an examination showing knowledge of sterile technique
and universal precautions to assure that infection and contagious disease shall not
be spread by tattooing practices. Once a year, under the auspices of the Borough of
Butler Board of Health, a course leading to certification shall be given for any
person seeking to be a tattooist with the Borough of Butler.
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§ 263-5
BUTLER CODE
§ 263-5
(3) Before working on each patron, each tattoo artist shall scrub and wash his/her
hands thoroughly with hot water and antiseptic soap using his/her individual hand
brush. Fingernails shall be kept clean and short.
(4) Disposal vinyl or latex gloves shall be worn by the tattoo artists during tattoo
preparation and application to prevent contact with blood or body fluids. Universal
precautions as updated by the Centers for Disease Control and Prevention (CDC)
should be followed. All materials shall be disposed of in accordance with
§ 263-5E(1) of this chapter after contact with each patron. Hands shall be washed
immediately after removal of gloves. Any skin surface that has contact with blood
shall be washed immediately.
(5) Immediately after tattooing a patron, the tattooist shall advise the patron on the
care of the tattoo and shall instruct the patron to consult a physician at the first
sign of infection of the tattoo. Printed instructions regarding these points shall be
given to each patron.
(6) All infections resulting from the practice of tattooing which become known to the
operator shall be promptly reported to the Health Officer by the person owning or
operating the tattoo establishment or by the tattoo artist.
B. Skin preparation.
(1) Tattooing shall be done only on a normal, healthy skin surface that is free of moles
or infection.
(2) Only razors with disposable blades shall be used for the skin preparation. Blades
shall be disposed of according to § 263-5E(1) of this chapter after each use, and a
new blade used for each patron.
(3) Following shaving, the area shall be thoroughly cleansed and scrubbed with
tincture of green soap or its equivalent and warm water. Before placing the design
on the patron's skin, the area shall be treated with 70% alcohol and allowed to air
dry.
(4) Only petroleum jelly (USP or National Formulary) or antiseptic ointment shall be
applied to the tattoo area prior to tattooing. The ointment shall be applied in a
sanitary manner, disposing of the utensil after spreading. Collapsible tubes of
ointment or jelly may also be used.
C.
Tattooing.
(1) Design stencils shall be thoroughly cleansed and rinsed in an approved germicidal
solution for at least 20 minutes or disposed of following each use.
(2) Only nontoxic dyes or pigment may be used. Premixed sterile materials are
preferred. Premixed dyes shall be used with adulteration of the manufacturer's
original formula. It shall be the responsibility of the operator to provide
certification to the Borough of Butler Board of Health of the nontoxicity of the
dyes or inks at the time of license application or renewal.
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§ 263-5
TATTOO PARLORS
§ 263-5
(3) Single service or individual containers of dye or ink shall be used for each patron
and the container disposed of immediately after completing the work on each
patron. Any dye in which the needles were dipped shall not be used on another
person.
(4) The completed tattoo shall be washed with sterile gauze and a solution of tincture
of green soap or its equivalent. The area shall be allowed to air dry, and antiseptic
ointment shall be applied to spread with sterile gauze and sterile dressing attached.
D. Needles and Instruments.
(1) Only single-service sterilized needles and needle bars shall be used for each
patron.
(2) If solder is used in manufacturing needles, needle bars or needle tubes, it must be free of
lead.
(3) Any needle that penetrates the skin of the tattoo artist shall be immediately
disposed of in accordance with § 263-5E(1) of this chapter.
(4) Needle tubes shall be soaked with soapy water, then scrubbed with a clean brush, then
rinsed clean. Needle tubes shall be sterilized in accordance with § 263-5D(5), stored in
sterile bags and maintained in a dry, closed area.
(5) Each item to be sterilized shall be individually wrapped using indicator bags or strips.
(6) Sterilization shall be by steam sterilization. The sterilizer shall be well maintained with a
tight fitting gasket and a clean interior. The manufacturer's operating instructions and
sterilization specifications shall be at hand. The sterilizer shall conform to the
manufacturer's specifications with regard to temperature, pressure and time of
sterilization cycle. Proper functioning of sterilization cycles shall be verified by the
weekly use of biologic indicators (i.e., spore tests). A log book of these weekly test
results shall be available, and a test may be required to be done during any inspection.
(7) If the primary source of sterilization malfunctions, the Borough of Butler Board of Health
shall be notified within 24 hours. In an emergent situation, the Borough of Butler Board
of Health may approve alternate sterilization techniques.
(8) Needles and bars shall not be bent or broken prior to disposal. Tattoo artists shall take
precautions to prevent injuries from contaminated needles or tubes.
E. Disposal of wastes.
(1) All medical waste shall be segregated from all other wastes. All used needles,
needle bars or other tools used in the tattooing process, as well as gloves, gauze
and other materials contaminated with blood or body fluids, shall be sterilized in
accordance with § 263-5D(5) of this chapter and then discarded in a disposable
rigid container. In lieu of this requirement, contracting with an authorized service
for the disposal of infectious waste shall be acceptable.
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§ 263-5
BUTLER CODE
§ 263-6
(2) All medical waste shall be disposed of in compliance with N.J.A.C. 7:26-3A.1 and
all laws rules, and regulations applicable to the disposal of medical waste. All
medical waste disposal records must be maintained on the premises for a
three-year period.
§ 263-6. Violations and penalties.
A. Dollars nor more than $1,000 for each violation of this chapter payable to Borough of
Butler Board of Health. Each day that the violation exists is considered to be a separate
offense.
B. Reasonable counsel fees incurred by the Borough of Butler Board of Health in the enforcement
of this chapter shall be paid by the defendant. The amount of such reimbursable fees
and costs shall be determined by the court hearing the matter.
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Chapter 264
TOBACCO, SALE OF
§ 264-1. Definitions.
§ 264-2. Prohibition of tobacco sales to minors.
§ 264-3. Identification required.
§ 264-4. Prohibition of tobacco vending machines, tobacco vending machine sales, and self-
service tobacco displays.
§ 264-5. Removal of tobacco vending machines and self-service tobacco displays.
§ 264-6. Enforcement.
§ 264-7. Severability.
§ 264-8. Violations and penalties.
§ 264-9. Tobacco 21 Age of Sales.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 5-28-2003 by
Ord. No. 2003-BOH-1; Amended 4/18/2018 by Ord. BH-2 2018 Amendments noted where
applicable.]
§ 264-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BAR — Any place licensed by the State of New Jersey to primarily sell at retail beer, wine,
mixed spirit drink and spirits for consumption on the premises.
HEALTH DEPARTMENT — The Butler Borough Health Department and herein referred to
as the "department."
HEALTH OFFICER — The Administrative Officer of the Butler Borough Health
Department and/or his or her authorized representatives.
PERSON — An individual, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
SELF-SERVICE TOBACCO DISPLAY — Display of tobacco products intended to be
purchased without the assistance of the proprietor or his/her employee.
TAVERN — Any place licensed by the State of New Jersey to primarily sell at retail beer,
wine, mixed spirit drink and spirits for consumption on the premises.
TOBACCO PRODUCT — Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe
tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER — Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco are made to purchasers for consumption or use.
"Tobacco retailer" shall also mean a person or entity that owns, operates or uses a vending
machine and/or a vending machine location.
VENDING MACHINE — Any automated, self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
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§ 264-1 BUTLER CODE § 264-6
VENDING MACHINE LOCATION — The room, enclosure, space or area where a tobacco
vending machine is installed and operated.
§ 264-2. Prohibition of tobacco sales to minors.
A. It shall be unlawful to sell or distribute tobacco to, or for the benefit of, a person under
18 years of age.
B. Sign requirements. The following six-inch by three-inch sign in bold letters at least
one-quarter-inch high shall be conspicuously posted at the point of display of tobacco
products and at the point of sale. The sign shall read as follows:
A person who sells or offers to sell a tobacco product to a person under 18 years of
age shall pay a penalty of up to $1,000 and may be subject to a license suspension
or revocation. Proof of age may be required for purchase.
C. A person who sells, distributes, or offers to sell a tobacco product to a person under 18
years of age may be prosecuted in accordance with state and local ordinances.
§ 264-3. Identification required.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual
without requesting and examining identification from the purchaser conclusively establishing
the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for
determining the buyer is over the age of 18 years.
§ 264-4. Prohibition of tobacco vending machines, tobacco vending machine sales, and
self-service tobacco displays.
A. It shall be unlawful to offer for sale tobacco through a tobacco vending machine in the
Borough of Butler.
B. Self-service tobacco displays are prohibited in all retail establishments.
§ 264-5. Removal of tobacco vending machines and self-service tobacco displays.
All tobacco vending machines and self-service tobacco displays made unlawful by the terms
of this chapter shall be removed within 30 days from the effective date of this chapter.
§ 264-6. Enforcement.
A. Whenever the Health Officer, or his/her designee, reasonably believes there exists a
violation of this chapter, he/she may issue a summons and complaint not later than 90
days after discovery of the alleged violation. The complaint shall be written and shall
state with reasonable particularity the nature of the violation, including reference to the
article and section of this chapter.
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§ 264-6 TOBACCO, SALE OF § 264-8
B. The Health Officer, or his designee, or any other person charged with enforcement of this
chapter, after giving proper identification, may inspect any matter, thing, premises, place,
person, record vehicle, incident, or event as may be consistent with state and/or federal
law.
C. It shall be unlawful for any person to interfere or otherwise obstruct the Health Officer,
or his designee, who may request the assistance of the Butler Borough Police Department
where necessary to execute his or her official duty in a manner prescribed by law.
D. Citizens may file with the Butler Health Department complaints against violators of this
chapter.
§ 264-7. Severability.
If any chapter, section, subsection or paragraph of this chapter is declared to be
unconstitutional, invalid or inoperative, in whole or in part by a court of competent
jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining chapters, sections, subsections or
paragraphs of this chapter.
§ 264-8. Violations and penalties.
A. Penalties for the sale and distribution of tobacco to persons under the age of 18 shall be
as defined in P.L. 1995, Chapter 304.1
B. Persons violating all other sections of this chapter, unless otherwise provided by law,
statute or ordinance, shall upon conviction thereof, pay a penalty of not less than $100
nor more than $1,000 for each offense. Complaints shall be made in the Municipal Court
of Butler Borough or before such other judicial officer having authority under the laws of
the State of New Jersey.
C. Each sale or distribution of tobacco to a minor or otherwise in violation of this chapter
shall constitute a separate violation.
§ 264-9. Violations and penalties.
I. Purpose. The purpose of this ordinance is to prohibit the sale, furnishing or giving of tobacco
and nicotine delivery products to persons under the age of 21, and to provide for the licensure
of all nicotine delivery products. The Butler Borough recognizes the dangers and health risks
associated with teenagers and young persons who start smoking, as set forth in various studies
conducted by the United State Department of Health and surveys conducted by other entities.
Butler Borough has concluded that it is appropriate to prohibit the sale, furnishing or giving of
tobacco and nicotine delivery products within the Butler Borough to persons under the age of
twenty-one (21).
264:3
§ 264-8 TOBACCO, SALE OF § 264-8
II.Findings. The Butler Borough Board of Health adopts the following findings with respect to
this section:
a) Cigarette smoking causes about one out of every five deaths in the U.S. every year. (U.S.
Centers for Disease Control and Prevention, 2014).
b) 90% of all tobacco users start before the age of 21. (Campaign for Tobacco-Free Kids,
2015).
c) Every day, more than 1,200 people in this country die due to smoking. (U.S. Surgeon
General, 2016)
d) The younger a child begins smoking, the more likely it is that he/she will become a heavy
smoker as an adult. (Surgeon General’s Report, 1994)
e) As of 2015, the American Academy of Pediatrics strongly recommends the minimum age
to purchase tobacco products, including e-cigarettes, be increased to age 21.
f) Raising the minimum age of legal access to tobacco products to at least 21 years old
would significantly reduce smoking rates, resulting in 223,000 fewer premature deaths,
50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for persons
born between 2000 and 2019. (Institute of Medicine, 2015).
g) 75% of U.S. adults support raising the age of tobacco product sales to age 21 (U.S.
Centers for Disease Control and Prevention, 2015)
h) Teens that use e-cigarettes have a willingness to start smoking conventional cigarettes,
more so than teens that do not use e-cigarettes. (Tobacco Control Journal, 2015).
i) E-cigarette use amongst high school students has tripled from 2013 to 2014. (U.S.
Centers for Disease Control and Prevention, 2015).
III.
Definitions
As uses in this section:
Borough shall mean Butler Borough.
Electronic Smoking Device shall mean any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person to simulate
smoking through inhalation of vapor or aerosol from the product. The term includes any such
device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-
hookah, e-cigarillo, vape pen, or under any other product name or descriptor.
Health Department shall mean the Department of Health of Butler Borough.
Health Officer shall mean the Health Officer of Butler Borough or his/her designee.
License shall mean a license issued by the Borough to a proprietor under the provisions hereof.
Minor shall mean any male or female under the age of eighteen (18) years of age.
Liquor license shall mean any license to sell or distribute alcoholic beverages issued by the
Borough pursuant to the laws of the State of New Jersey.
Nicotine Delivery Product shall mean any product that is designed to deliver nicotine, nicotine
vapor or non-nicotine vapor, including but not limited to, any type of electronic smoking device
defined as an electronic or other powered device that can be used to deliver nicotine or other
substances to the person inhaling from the device, including but not limited to, an electronic
cigarette, cigar, cigarillo or pipe, or any cartridge or other component of the device or related
product, including but not limited to, any substances used in such devices such as liquids, gels or
powders, or any forms of tobacco, but excluding United States Food and Drug Administration
approved nicotine patches or nicotine chewing gum.
264:4
§ 264-8 TOBACCO, SALE OF § 264-8
Person shall mean an individual, partnership, corporation, cooperative association, personal
representative, receiver, trustee, assignee or any other legal entity.
Public place shall mean any building or enclosed structure open to the general public and any
street, road, sidewalk, walkway, park or open space located within the Borough and maintained
for use by the general public.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette or
pipe, or any other lighted or heated matter or substance which contains tobacco, plant product or
any other matter that can be smoked which is intended for inhaling and exhaling of smoke,
including hookahs and marijuana, whether natural or synthetic, in any manner or in any form.
Smoking also includes the use of an electronic smoking device which creates an aerosol or
vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
Tobacco shall mean any product made from the tobacco plant for the purpose of including but
not limited to smoking, chewing, inhaling or other use, including but not limited to cigars,
chewing tobacco, pipe tobacco, snuff, shisha and cigarettes in any form, or shall mean any other
matter or substance which can be smoked.
Tobacco retailer shall mean any person that operates a store, stand, booth, concession or place at
which sales of tobacco are made including a person that owns, operates or uses a vending
machine.
Vapor/Vape Shops and/or Store is a retailer that either devotes 25% or more of floor area or
display area to, or derives 75% or more of gross sales receipts from the sale or exchange of
Electronic Smoking Devices and/or Electronic Smoking Device Paraphernalia.
Vending machine shall mean any automated self-service device which, upon insertion of
money, tokens or other form of payment, dispenses a tobacco product or nicotine delivery
product.
IV.
Prohibition of Tobacco Product and Nicotine Delivery Product Sales to Persons
under Age 21.
a. No person shall sell, distribute or give tobacco or nicotine delivery products in the
Borough of Butler unless an employee of the establishment controls the sale of such
products. A person may only sell tobacco or nicotine delivery products in a direct, face-
to-face exchange between the retailer and the consumer. Self-service displays and all
vending machines of tobacco or nicotine delivery products shall be prohibited.
b. No person shall sell, distribute or give tobacco or nicotine delivery products to any
person under the age of 21 years.
c. No person or tobacco retailer selling tobacco or nicotine delivery products shall allow the
retailer, employee or any other person to sell, distribute or give such products until the
retailer, employee or other person as read the Borough of Butler Ordinances and State
laws pertaining to the sale or distribution of tobacco and nicotine delivery products and
has signed a statement that they have read such ordinances and State laws. Such form
statement will be supplied by the Health Department and all signed original statements
shall be kept on file by the tobacco retailer and made immediately available at all times
for review by the Health Department. All retailers shall be in compliance with this
provision by the effective date noted in Section 10.
264:5
§ 264-8 TOBACCO, SALE OF § 264-8
V.
Identification Required.
a. Any retailer, employee or other person selling, distributing or giving tobacco or
nicotine delivery products shall verify, by means of government-issued photograph
identification containing the bearer’s date of birth, that no purchaser of tobacco or
nicotine containing products is younger than 21 years of age. No such verification is
required for any purchaser over the age of 26. No retailer, employee or other person
shall sell, distribute or give tobacco or nicotine delivery products to a purchaser less
than 21 years of age who has a note or any form of communication from any person.
VI.
Sign Requirement.
a. The following six (6) inch by eight (8) inch sign shall be posted in a conspicuous
place near each cash register in all retail establishments which sell tobacco products
and/or nicotine delivery products:
SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE
DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROBITED
BY LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO
SELLS OR OFFERS TO SELL A TOBACCO PRODUCT OR A NICOTINE
DELIVERY PRODUCT TO A PERSON UNDER 21 YEARS OF AGE MAY BE
PROSECUTED IN ACCORDANCE WITH STATE STATUTES AND BUTLER
BOROUGH ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER WHO
IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE
BUTLER HEALTH DEPARTMENT AT 973- 838-7200, EXT. 237.
VII.
Restriction of Tobacco Vending Machines and Sales.
a. Self-service displays and vending machines of tobacco or nicotine delivery products
shall be prohibited.
VIII.
Other Prohibited Activities
a. Except as provided in Section (b) of this section, smoking inside a tobacco retail
establishment is prohibited.
b. Smoking (tasting) inside a tobacco retail establishment is only for pre-purchase
sampling of a cigar or other expensive tobacco product, prior to making a multi-unit
purchase. Smoking (tasting) inside a tobacco retail establishment shall be limited to
no more than two (2) minutes prior to making a multi-unit purchase from the tobacco
retail establishment.
c. Seating, chairs, TVs, food/beverage menus and signage that condones continued
smoking beyond pre-purchase sampling.
d. Smoking in exterior areas that can result in migration, seepage or recirculation of
smoke to an indoor public place or a workplace at which smoking is prohibited. As
such, all outdoor smoking shall be limited to 25 feet outside entrances, operable
windows and ventilation systems of enclosed areas.
e. Private parties, food or drink, card games or gambling, game of chance, outdoor
seating and alcoholic beverage.
264:6
§ 264-8 TOBACCO, SALE OF § 264-8
IX.License Required for Electronic Smoking Device Retail Establishment.
a. No proprietor shall operate an electronic smoking device retail establishment in the
Borough of Butler unless such proprietor has registered the establishment with the Board
of Health and has received a license from the Health Officer.
b. A person purchasing an electronic smoking device retail establishment after the effective
date of this chapter shall apply for a new license no later than ten (10) days prior to
commencing operation under new ownership. Operators of an electronic smoking device
retail establishment are required to notify the Board of Health of the impending sale of
the electronic smoking device retail establishment no later than thirty (30) days prior to
the sale.
c. All licenses for an electronic smoking device retail establishment shall be renewed by
January 31 each year of operation.
d. No license is transferable by sale or otherwise.
e. The license shall be posted in a conspicuous place in such establishment or, if an itinerant
establishment, shall be readily available for display.
f. The funds collected by licensing such establishments shall be used to fund the
development and maintenance of a Tobacco Age of Sale Enforcement Program and other
smoking cessation, prevention and control programs.
X.
License Fee.
a. The initial license fee for an electronic smoking device retail establishment shall be One
Thousand Dollars ($1,000.00);
b. To renew a license for an electronic smoking device retail establishment, the fee shall be
Seven Hundred and Fifty Dollars ($750.00).
XI.
Enforcement.
a. Whenever the Health Officer, or his or her designee, or a Police Officer of Butler
Borough reasonably believes there exists a violation of this section, such officer shall
issue a summons and complaint not later than 15 days after discovery of the alleged
violation. The complaint shall be written and shall state with reasonable particularity the
nature of the violation, including reference to the subsection(s) of this section alleged to
have been violated. The complaint shall be delivered personally or send via certified
mail to the alleged violator.
b. The Health Officer, his/her designee or a Police Officer of the Borough , after giving
proper identification, and if no search or other warrant is required by law, may summarily
inspect any matter, thing premise, place, person, record, incident or event as necessary to
enforce the provisions of this section.
c. It shall be unlawful for any person to willfully oppose, or otherwise act to interfere with
or obstruct the Health Officer or his/her designee or any Police Officer in the
performance of duties under this section. The Health Officer or designee may request the
assistance of the Police Department when necessary to execute his or her official duty in
the manner prescribed by law.
d. Citizens may bring complaints against violators of this section.
264:7
§ 264-8 TOBACCO, SALE OF § 264-8
XII.
Enforcement Against Individuals.
a. A person having control of an indoor public place or workplace shall order a person
smoking in violation of the Code and this chapter (person smoking illegally) to
comply with the Code and this chapter, and may elect to provide the person smoking
illegally with a copy of the notice provided at Appendix B, incorporated herein by
reference.
b. If, after having been ordered to comply with the Code and this chapter in accordance
with Section (a), above, a person smoking illegally continues to violate the Code and
this chapter, the person having control of the indoor public place or workplace:
1. Shall order the departure and removal of the person smoking illegally from
the indoor public place or workplace; and
2. In the discretion of the person having control of the indoor public place or
workplace, s/he may request the assistance of law enforcement or peace
officers with jurisdiction over the indoor public place or workplace to
accomplish this departure and removal.
c. A person may file a complaint against a person smoking illegally in accordance with
N.J.S.A. 26:3D-62 by:
1. Contacting the local health agency with jurisdiction over the indoor public
place or workplace and by adhering to complaint procedures each local
health agency shall establish;
2. Filing a complaint directly with the municipal court with jurisdiction over the
establishment, or
3. Filing the form of complaint at chapter Appendix C, incorporated herein by
reference, with the Indoor Environments Program.
d. In addition to the fines and penalties listed in Item 14: Penalties, this section shall not
be construed to impair the ability of Borough of Butler Police Department or Health
Department with jurisdiction to charge a person under any other applicable law,
including N.J.S.A. 2C:33-13.
XIII.
Enforcement Against Person Having Control of an Indoor Public Place or
Workplace.
a. Any person may file a complaint against a person having control of an indoor public
place or workplace who violates or fails or refuses to comply with or enforce the Code
and this chapter by:
1. Contacting the local health agency with jurisdiction over the indoor public
place or workplace and by adhering to complaint procedures each local
health agency shall establish;
2. Filing a complaint directly with the municipal court with jurisdiction over the
establishment, or
3. Filing the form of complaint at Appendix C, with the New Jersey Department
of Health Indoor Environments Program.
264:8
§ 264-8 TOBACCO, SALE OF § 264-8
XIV. Penalties.
a. Unless otherwise provided by law, statute or ordinance, any person violating any
provision of this section shall, upon conviction thereof, pay a fine of not less than
$250 for the first violation, not less than $500 for the second violation, and not less
than $1,000 for the third and each subsequent violation. Each violation, and every
day in which a violation occurs, shall constitute a separate violation. The complaint
shall be made in the Municipal Court or before such other judicial officer having
authority under the laws of the State of New Jersey.
b. In addition any violator of this section shall be subject to having any Borough
License, held by the violator, suspended, revoked or fined. No such action may be
taken unless the requirements of due process are satisfied.
c. Any person who continually violates this section may also be charged in the
Municipal Court or in Superior Court with maintaining a nuisance.
d. These penalties are in addition to any penalties that may be imposed including but
not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A.
2A:170-51, et seq. and N.J.S.A. 2C:33-13.1, et seq.
e. Each sale, furnishing or giving of tobacco and or nicotine delivery product to any
person under the age of 21 shall constitute a separate violation. Each violation, and
every day in which a violation occurs, shall constitute a separate violation.
Fines and sanctions associated with this section shall be dedicated and forwarded to the
Health Department to be used in connection with education and enforcement of this
ordinance
1. Editor's Note: See now N.J.S.A. 2C:33-13.1 and N.J.S.A. 2A:170-51.4.
264:9
Chapter 266
Massage, Bodywork and Somatic Therapy Establishments
§ 266-1. Definitions.
§ 266-2. Conformance with regulations; more restrictive laws control.
§ 266-3. License required and Hours of Operation.
§ 266-4. Application for establishment license; requirements.
§ 266-5. Approvals required prior to hiring of new employees.
§ 266-6. Criminal background check required.
§ 266-7. Approval of Chief of Police required.
§ 266-8. Approval of Health Officer required.
§ 266-9. Other Borough approvals required.
§ 266-10. Issuance of establishment license; fees; photographs.
§ 266-11. Display of establishment license and therapist license.
§ 266-12. Transferability of license.
§ 266-13. Plans required prior to construction, alterations, or renovation; approval.
§ 266-14. Operating and sanitary requirements.
§ 266-15. Sleeping quarters.
§ 266-16. Prohibited Acts.
§ 266-17. Exceptions.
§ 266-18. Suspension or revocation of license.
§ 266-19. Inspections; access to premise.
§ 266-20. Inspection placard; posting of placard.
§ 266-21. Reinspection Fee.
§ 266-22. Violations and penalties.
§ 266-23. Enforcement agent.
[HISTORY: Adopted by the Board of Health of the Borough of Butler 4/18/2018 by
Ord. No. 2018-BH1-18; Amended 12/5/2018 by Ord. BH3-18. Amendments noted where
applicable.]
266-1. Definitions
A. The Board means The Board of Health of Butler Borough, or its duly authorized agent
officer or inspector.
B. Employed means any person who is hired to work in the licensed establishment whether for
compensation or not.
C. Massage, Bodywork and Somatic Therapies means any system of activity of structured
touch which includes, but is not limited to, holding, applying pressure, positioning and
mobilizing soft tissue of the body by manual technique and use of visual, kinesthetic, and
palpating skills to assess the body for purposes of applying therapeutic massage, bodywork
or somatic principles. Such application may include, but is not limited to, the use of
therapies such as heliotherapy or hydrotherapy, the use of moist hot and cold external
applications, external application of herbal or topical preparations not classified as
prescription drugs, analysis of posture, movement and neural myofascial education, and
education in self-care and stress management. Massage, bodywork and somatic therapies do
not include the diagnosis or treatment of illness, disease, impairment or disability. Nor shall
it include any legitimate massage therapy provided by any health care provider licensed by
the State of New Jersey to perform that service, or to barbershops, beauty parlors or nail
salons in which massage is administered to the scalp, face, neck, shoulders, hands or feet.
266:1
§ 266-1 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-3
D. Massage, Bodywork and Somatic Therapist means any person certified pursuant to the
provisions of the Massage, Bodywork and Somatic Therapist Certification Act, N.J.S.A.
45:11-53.
E. Massage, Bodywork and Somatic Therapy Establishment means an establishment or
business operation wherein massage, bodywork or somatic therapy is administered or
permitted to be administered for any form of consideration.
266-2. Conformance with regulations; more restrictive laws control
A. No person, firm, corporation or other entity shall operate any establishment or utilize any
premises located in Butler Borough as or for a massage, bodywork and somatic therapy
establishment without complying with the requirements of this Article, as well as the
regulations of the State of New Jersey, including N.J.S.A. 45:11-53 through N.J.S.A. 45:11-
79 and N.J.A.C. 13:37A-1.1 et seq., as the same may be amended and supplemented from
time to time.
B. In all allied matters that are regulated by the laws of the State of New Jersey, the provisions
of state law shall control where the requirements of state law are more stringent or
restrictive than the regulations set forth in this Article. This Article shall control in all cases
where the state law requirements are less stringent or less restrictive than the regulations
herein contained.
266-3. License required and Hours of Operation
A. No person, firm, corporation or other entity shall operate a massage, bodywork or somatic
therapy establishment in Butler Borough, or utilize any premises in Butler Borough to
provide massage, bodywork or somatic therapy, unless such person has applied for and
obtained a license for such establishment from the Butler Borough Board of Health in
accordance with the terms and provisions of this Article.
B. No person shall practice massage or related therapies as a massage, bodywork or somatic
therapist, employee or otherwise, unless he or she has a valid and subsisting massage,
bodywork and somatic therapist’s license issued to him or her by the New Jersey Board of
Massage and Body Work Therapy, pursuant to the terms and provisions of N.J.S.A. 45:11-
53 through N.J.S.A. 45:11-79 and N.J.A.C. 13:37A-1.1 et seq., as the same may be
amended and supplemented from time to time.
C. No person, firm, corporation or other entity shall operate a message, bodywork or somatic
therapy establishment in Butler Borough, or utilize any premise in Butler Borough to
provide message, bodywork or somatic therapy, before 7:00am or later than 9:00pm.
266:2
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
266-4. Application for establishment license; requirements
A. Any person desiring a massage, bodywork and somatic therapy establishment license shall
file a written application with the Health Department or designated alternate department on
a form to be furnished by the Health Department and available at the Health office. The
completed application shall be returned to the Health Department or designated alternate
department for processing. The application form for each initial license and any subsequent
renewal thereof shall contain the following information:
1. The business name and type of ownership of the business, i.e., whether individual sole
proprietorship, partnership, limited liability partnership or company, corporation or
any other form of business organization.
2. The trade name under which the business is to be conducted.
3. The address and all telephone numbers associated with the establishment, including
facsimile and email address, where business is to be conducted.
4. Proof of comprehensive general liability insurance in the minimum amount of
$1,000,000.00 per occurrence and professional liability in the minimum amount of
$1,000,000.00.
5. The following personal information shall be provided concerning the applicant, if a
sole proprietorship, the individual; if a corporation, each stockholder holding 10% or
more the stock of the corporation and each officer and each director; if an LLC or
LLP, each member or partner, including limited members or partners; if a partnership,
each partner, including limited partners; and the manager or other person principally in
charge of the operation of the establishment:
a. The name, nickname, and/or alias, complete residence address and residence
telephone number of such person(s).
b. The two previous residential addresses immediately prior to the present
residential address of the person.
c. Copy of a current driver’s license or other government issued photo ID. Any
copy of a driver’s license or other photo identification accompanying an
application for establishment license shall be held in a locked file by the
Health Department or designated alternate department.
d. Three front-face portrait photographs taken within thirty (30) days of the date
of the filing of the application, which shall be approximately two inches by
two inches in size (passport size). The applicant shall legibly print the full
legal name and any nicknames or aliases of the individual in the photograph
on the rear side of each photograph submitted.
e. The massage therapy or similar business history and experience, including, but
not limited to, whether or not such person(s) has previously operated in this or
another municipality or state under a license or permit or has had such license
or permit denied, revoked or suspended and the reason therefore and the
business activities or occupations subsequent to such action or denial,
suspension or revocation.
266:3
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
f. All prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations, fully disclosing the jurisdiction in which the
arrest or conviction occurred along with details on the offense for the arrest or
conviction and circumstances thereof.
6. A copy of a current State of New Jersey Massage & Bodywork Employer
Registration issued by the New Jersey Board of Massage and Body Work Therapy.
B. In addition to the aforesaid application items, the applicant shall provide the following
items for all current therapists and employees of the establishment with each application
for an initial license and any subsequent renewal thereof:
1. A complete list of the names, including nicknames, and/or aliases, and residence
addresses of all massage, bodywork and somatic therapists and all other employees of
the establishment and the name and residence address of the manager or other person
principally in charge of the operation of the establishment on a form included in the
Butler Borough Board of Health application and available at the Board of Health
office. It shall be the responsibility of the owner/operator to maintain an updated
employee list and provide same to the Board of Health office. The Board of Health
shall be notified in writing within seven (7) days, transmitted by regular mail, email or
facsimile, of any and all changes to the list. Upon receipt of an updated employee list,
the Board of Health shall submit a copy of the list to the Health Officer and the Chief
of Police. The licensee shall maintain a copy of the list on the licensed premises at all
times and make the list available during all inspections to the Health Officer or his
designated agent and to any Borough Police Officer or Borough Official.
2. Copies of all massage, bodywork, and somatic therapist’s license(s)/certification(s)
issued by the New Jersey Board of Massage & Body Work Therapy for all employees
of the establishment.
3. Copies of a driver’s license, passport, or other government-issued photograph
identification for each employee and massage, bodywork, and somatic therapists
employed by the establishment. The copies shall be of such quality so that the
employee or therapist is readily identifiable from the photograph. Any copy of a
driver’s license or other photo identification accompanying an application for
establishment license shall be held in a locked file by the Health Department or
designated alternate department.
4. Three front-face portrait photographs taken within thirty (30) days of the date of the
filing of the application for all employees and massage, bodywork and somatic
therapists of the establishment which shall be approximately two inches by two inches
in size (passport size). The applicant shall legibly print the full legal name, any
nicknames or aliases, and date of birth of the individual in the photograph on the rear
side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations for prospective employee, fully disclosing the
jurisdiction in which the arrest or conviction occurred along with details on the offense
for the arrest or conviction and circumstances thereof.
266:4
§ 266-4 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-5
6. A. notarized statement attached to the list required in (4) above shall be provided
indicating that all massage, bodywork, and somatic therapists employed or to be
employed by the establishment or otherwise permitted to work at the establishment
have been certified by the State of New Jersey to N.J.S.A. 45:11-53 through N.J.S.A.
45:11-79 and N.J.A.C. 13:37A-1.1 et seq., as the same from time to time may be
amended and supplemented et seq. The applicant shall submit to the Board of Health
an amended or new notarized statement at the time any new massage, bodywork and
somatic therapist is hired.
266-5. Approvals required prior to hiring of new employees
A. Prior to hiring any new therapists or employees not identified on the initial license
application or renewal thereof, the licensee shall submit the following items for the
prospective employee to the Board of Health office:
1. The names, including nicknames, and/or aliases, and residence addresses of the
prospective employee on a form provided by the Board of Health and available at the
Board of Health office.
2. Copies of all massage, bodywork, and somatic therapist’s license issued by the New
Jersey Board of Massage & Body Work Therapy for any prospective massage,
bodywork, or somatic therapist.
3. Copies of a driver’s license, passport, or other government-issued photograph
identification for the prospective employee. The copy shall be of such quality so that
the prospective employee is readily identifiable from the photograph. Any copy of a
driver’s license or other photo identification accompanying an application for
establishment license shall be held in a locked file by the Health Department or
designated alternate department.
4. Three front-face portrait photographs taken within thirty (30) days of the date of the
filing of the application for all prospective employees and massage, bodywork and
somatic therapists of the establishment, which shall be approximately two inches by
two inches in size (passport size). The applicant shall legibly print the full legal name,
any nicknames or aliases, and date of birth of the individual in the photograph on the
rear side of each photograph submitted.
5. Disclosure of all prior arrests, criminal convictions, and offense convictions other than
misdemeanor traffic violations for prospective employee, fully disclosing the
jurisdiction in which the arrest or conviction occurred along with details on the offense
for the arrest or conviction and circumstances thereof.
266:5
§ 266-6 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-7
266-6. Criminal background check required
A. Upon filing an application for an initial license or renewal thereof with the Board of Health
office, the applicant - if a sole proprietorship, the individual; if a corporation, each
stockholder holding 10% or more the stock of the corporation and each officer and each
director; if an LLC or LLP, each member or partner, including limited members or
partners; if a partnership, each partner, including limited partners; and the manager or other
person principally in charge of the operation of the establishment - shall respond to the
Borough’s Police Department with a current driver’s license or other government issued
photo identification. The applicant shall be provided with a fingerprint form from a
fingerprint vendor authorized by the State of New Jersey. The applicant, at the applicant’s
expense, shall respond to the authorized fingerprint vendor’s location for a fingerprint
check.
B. Upon filing an application for an initial license or renewal thereof with the Board of Health
office, all massage, bodywork, or somatic therapists, and other employees of the
establishment shall respond to the Borough’s Police Department with a current driver’s
license or other government issued photo identification. The therapist or other employee
shall be provided with a fingerprint form from a fingerprint vendor authorized by the State
of New Jersey. The employee, at the employee’s or the applicant’s expense, shall respond
to the authorized fingerprint vendor’s location for a fingerprint check.
C. Prior to being employed as a massage, bodywork, or somatic therapist or in any other
capacity by a licensed establishment, the prospective employee shall be required to
respond to the Borough’s Police Department with a current driver’s license or other
government issued photo identification. The prospective employee shall be provided with a
fingerprint form from a fingerprint vendor authorized by the State of New Jersey. The
prospective employee, at the prospective employee’s or the applicant’s expense, shall
respond to the authorized fingerprint vendor’s location for a fingerprint check. No person
shall be employed until the background check and approval has been granted by the Chief
of Police as set forth in Article 266-7 B.
D. Any copy of a driver’s license or other photo identification accompanying an application
for establishment license shall be held in a locked file by the Health Department or
designated alternate department.
266-7. Approval of Chief of Police required
A. Upon receipt of a complete application for an initial license or subsequent renewal of a
license, the Health Department shall provide a duplicate of the application and all pertinent
documents to the Chief of Police, who shall make or cause to be made an investigation
including review of all employee background checks as set forth in App. A. 13-7.
B. Upon completion of the criminal background investigation, the Chief of Police shall
endorse the application noting approval or disapproval and the forward the application to
the Health Department with supporting information. Disapproval by the Chief of Police
shall be based on information disclosed by the investigation and criminal background
check which indicates that the issuance of an establishment license would not be in the best
interest of the public.
266:6
§ 266-9 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-9
266-8. Approval of Health Officer required
A. Upon receipt of approval by the Chief of Police, the Health Department or designated
alternate department shall route a duplicate of the same application to the Borough
Construction Official and Subcode Officials, Borough Clerk, Borough Zoning Officer, Fire
Prevention Official, and any other pertinent Borough Officials and Boards.
B. The Health Officer or his designated agent shall review the application and make or cause
to be made an inspection of the premises to be licensed to ensure compliance with the
sanitary and operational requirements set forth in this Article and all other applicable
Borough and State of New Jersey regulations. Upon completion of the inspection of the
premises to be licensed, the Health Officer or his designated agent shall endorse the
application noting approval or disapproval and shall file the application in the Health
Department with supporting information. Disapproval by the Health Officer or his
designated agent shall be based on findings disclosed by the inspection that the premises
to be licensed does not comply with the sanitary and/or operational requirements set forth
in this Article and all other applicable Borough and State of New Jersey regulations.
266-9. Other Borough approvals required
A. In the event the applicant requires Board of Adjustment approval of an application for
development in accordance with the laws of the State of New Jersey, upon completion of
the Board of Adjustment hearing and procedures on the application for development as
required by law, the Board of Adjustment shall notify the Board of Health of the Board’s
decision on the application for development.
B. The Borough Zoning Officer, Construction Official and Subcode Officials, Fire Prevention
Official, and any other pertinent Borough Officials shall review the application and make
or cause to be made an inspection of the premises to be licensed to ensure compliance with
applicable Borough and State of New Jersey laws and regulations.
C. Upon completion of the inspection of the premises to be licensed, the Borough Zoning
Officer, Construction Official and Subcode Officials, Fire Prevention Official, and any
other pertinent Borough Officials and Boards shall endorse the application noting approval
or disapproval and then forward the application to the Borough Clerk with supporting
information. Disapproval by the Zoning Officer, Construction Official and Subcode
Officials, Fire Prevention Official, and any other pertinent Borough Officials shall be
based on findings disclosed by the inspection that the premises to be licensed does not
comply with applicable Borough and State of New Jersey laws and regulations.
D. The Health Department and Fire Bureau, shall, as necessary, make an inspection of each
massage, bodywork and somatic therapy establishment granted a license under the
provisions of this chapter for the purpose of determining whether the provisions of this
chapter and/or applicable rules, regulations and laws are being complied with. Such
inspections shall be made at reasonable times and in a reasonable manner. It shall be
unlawful for any licensee to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
266:7
§ 266-10 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-12
266-10. Issuance of establishment license; fees; photographs
A. Upon receipt of application written approvals by the Board of Health from all officials set
forth in 266-8, 266-9 and 266-10 and upon receipt of the written approval of the license by
the Borough Health Officer or his designated agent, the applicant shall be issued a
massage, bodywork and somatic therapy establishment license, which shall be effective for
the period January 1 through December 31. Issuance of the license shall be contingent
upon the applicant providing payment to Board of Health office to cover the required
license fee. License fees shall be as follows:
1. Initial establishment license obtained January 1 to June 30:
$500.00
2. Initial establishment license obtained July 1 or later:
$250.00
3. Annual establishment license renewal:
$500.00
4. Late fee (for applications received January 1 or later:
$100.00
B. Upon issuance of the license, the Board of Health shall retain one set of the three
photographs for all individuals submitted by the licensee at the time of application. The
second set of photographs shall be provided to the Chief of Police and the third set of
photographs shall be provided to the Health Officer or his designated agent.
266-11. Display of establishment license and therapist license
A. The most current establishment license issued under this article shall be displayed in a
conspicuous place at all times near the public entrance to the establishment and at eye-
level where it may be viewed by all who enter the establishment.
B. All licenses issued by New Jersey Board of Massage & Body Work Therapy to massage,
bodywork, and somatic therapists employed by the establishment or otherwise permitted to
work at the establishment shall be displayed in accordance with the provisions of N.J.A.C.
13:37A-3.4, as the same may be amended and supplemented from time to time.
266-12. Transferability of license
A. Any license granted under this Article shall only be valid for the sole proprietorship,
partnership, limited liability partnership or company, corporation, or any other form of
business organization to which it was granted and shall not be transferable.
B. Any license granted under this Article shall only be valid for the premises for which it was
issued and shall not be transferable to another premises.
266:8
§ 266-13 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
266-13. Plans required prior to construction, alterations, or renovation; approval.
A. Prior to the initial construction and or any subsequent alteration or renovation of an
establishment licensed under this article, a floor plan detailing the proposed layout of all
equipment and areas shall be submitted to the Borough’s Health Department by the
applicant. Such plans shall be drawn to scale.
B. Upon receipt of such plans, the Borough’s Health Officer or his designated agent shall
review the plan for compliance with this Article within sixty (60) days of receipt.
C. The applicant shall pay the following plan review fees to the Borough’s Health Department
simultaneously with the submission of the plans to be reviewed:
1. Fee for Health’s Officer’s initial review of a plan: $150.00
2. Fee for Health Officer’s review of any subsequent revised plan: $100.00
D. No construction, alterations, or renovations shall occur until approval of said plans has been
provided by the Borough’s Health Officer or his designated agent.
E. No construction, alterations, or renovations shall occur until the said plans have also been
approved by the Borough Zoning Officer, Construction Official or other departments under
all applicable Borough Ordinances, and the Planning Board or Board of Adjustment, and if
necessary building and zoning permits obtained, if required.
266-14. Operating and sanitary requirements
A.
Every massage, bodywork, and somatic therapy establishment shall comply with the following
sanitary and operational requirements:
1. Every portion of the massage, bodywork and somatic therapy establishment, including
appliances and apparatus, shall be kept clean and operated in a sanitary condition.
2. The hours of operation for the establishment shall be posted conspicuously and unobstructed
where these may be viewed from the outside of the establishment. The following signage shall
be posted conspicuously and unobstructed in the reception area where these may be viewed by
patrons:
(a) Price rates for all services provided by the establishment.
(b) A sign reading: “Consumer complaints regarding this establishment may be made by calling
the Borough of Butler Health Department” along with the telephone number for the Borough’s
Health Department. All lettering for the sign shall be a minimum height of two inches (2”) and
shall contrast in color to the background of the sign.
3. The public entrance to the establishment and any door leading to areas wherein corridors for
rooms where massage, bodywork, or somatic therapy work areas are located shall be unlocked
while the establishment is providing services to clients. Use of remote locking and unlocking
systems and/or intercom systems to permit entry into the establishment shall be prohibited.
4. A landline telephone shall be made available in the establishment. Emergency telephone
numbers for EMS, the Borough’s Police Department, Fire Department, and Health Department
along with “911” shall be posted conspicuously and unobstructed from view adjacent to the
telephone.
266:9
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
5. All employees, including and therapists, shall, at all times while on the business premises, wear
clean, nontransparent outer garments solidly covering the shoulders and extending four inches (4”)
or less above the elbows to the base of the neck. Skirts, mini-skirts, and dresses shall not be worn
by any employee at any time while on the licensed premises and only trousers or pants may be
worn while on duty. Further, under no circumstances shall these garments permit the genitals,
pubic area, abdomen, back, buttocks, breast, cleavage, or chest to be exposed. All employees shall
wear shoes while on the premises during business hours.
6. All employees shall wear name tags which are of durable design while on the premises bearing
their first and last names. Name tags shall be displayed visibly on the upper portion of the shirt on
either right or left side.
7.
Dressing rooms for clients shall be provided on the premises. Doors to such dressing rooms shall
open inward and shall be self-closing. This requirement shall not apply to establishments which
do not have dressing rooms on the premises as of this Article’s adoption provided that:
(a) The owner provides detail in writing to the Health Officer on the establishment’s current
arrangements and facilities to permit clients to disrobe and change;
(b) Dressing rooms shall be provided in establishments operating prior to the adoption of this
article if the establishment undergoes extensive renovations or changes ownership; and
(c) Dressing rooms shall be required in new establishments which open after the adoption of this
article.
8.
Rooms wherein massage, bodywork, or somatic therapy is provided shall not have any type of
locking device nor shall such rooms be locked while occupied by a client and the therapist. This
requirement shall not preclude the licensee from using signage on the exterior side of the door to
the room to indicate when said room is occupied by a client and a therapist.
9.
Locker facilities provided for use by patrons shall be fully secured for the protection of the patron’s
valuables, and the patron shall be given control of the key or other means of access.
10. All massage, bodywork, and somatic therapy establishments shall have clean laundered sheets and
towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary
manner. Receptacles with lids shall be provided for the depositing of soiled and used linens. Such
receptacles shall be kept clean and shall be of non-absorbent and easily-cleanable design. All clean
linens shall be stored in such a manner so as to prevent contamination.
11. Towels, coverings, and linens shall be laundered either by a commercial laundering service or
laundered on site. Laundering machines used on site shall be in working order and supplied with
hot and cold water. Soiled linens and draping materials washed on site shall be washed in a clothes
washing machine, in hot water with detergent and at least one quarter cup of bleach per gallon or
an antibacterial agent. A clothes dryer shall be provided on site when laundering machines are
provided in the establishment and such dryers shall be in working order. All laundered towels,
coverings, draping materials and linens shall be dried on the highest heat setting of the
establishment’s clothes dryer.
12. Only tables or chairs which were specifically designed by the manufacturer for massage,
bodywork, or somatic therapy and which are easily cleanable and non-absorbent shall be used in
the establishment for rendering such therapies.
266:10
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-4
13. The patron’s genitals, pubic area, anus, and female patron’s breast below the point immediately
above the top of the areola must be fully draped at all times while any employees of the business
or establishment is in the room where the massage therapy, bodywork, or somatic therapy will be
performed.
14.
e presence or use of table showers in the establishment shall be prohibited.
Establishments with table showers as of the adoption of this Article shall have ninety (90) days
from the date this Article is adopted to fully remove such table showers from the establishment.
15.
All walls, ceilings, floors, showers, spas, steam rooms and all other physical facilities and
surfaces shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat
rooms, steam or vapor rooms or steam or vapor cabinets and shower compartments and toilet
rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs and showers
shall be kept dry, clean and sanitary.
16.
Oils, creams, lotions and other preparations used in administering massage, bodywork
and somatic therapies shall be kept in clean and closed containers. If such oils, creams, lotions,
and other preparations are placed in smaller containers for individual use by the therapist, the
product’s manufacturer’s container with the manufacturer’s label from which the product
originated shall be available on site. When a liquid, cream, or other preparations are to be used on
or made available for use directly by a patron, these shall be removed from the container in such
a way as not to contaminate the remaining portion in the container.
17.
Any combs, brushes, or other personal items of grooming or hygiene that are provided
for the use of patrons shall be either fully disposable and shall not be used by more than one (1)
patron.
18.
No patrons shall be allowed to use any shower facilities within the establishments
unless such patrons are wearing slip resistant sandals or flip-flops while in the shower
compartment. All footwear such as sandals or flips-flops that are provided for the use of patrons
shall be either fully disposable or if used by more than one patron, shall be fully disinfected after
each use in a manner approved by the Health Officer or his designated agent.
19.
The following activities shall not be permitted in a massage establishment:
(a)
Ear candling.
(b)
All procedures and services that involve ear picks, ear scoops and ear spoons.
(c)
Cupping, or applying the open end of a glass vessel or vessel of another material onto
the client’s skin and utilizing an open flame to heat the vessel.
(d)
Any activities or therapies that utilize any form of terrestrial or aquatic animals during
therapy including but not limited to fish foot spas.
(e)
Any activities or therapies that utilize animal waste or products that contain animal
waste as an ingredient.
(f)
Colon cleansing.
20. Animals, except for seeing-eye, hearing, and/or service dogs, shall not be permitted in the
massage work area.
266:11
§ 266-14 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-14
21. Before administering a massage, bodywork or somatic therapy to a patron, the therapist shall
wash his or her hands in warm running water, using a proper soap or disinfectant, and lather
vigorously for no less than twenty (20) seconds while paying particular attention to removing soil
from underneath the fingernails during the cleaning procedure, and creating friction on the surfaces
of the hands and arms, finger tips, and areas between the fingers. Hand drying shall be
accomplished by use of disposable paper towels or an electric hand drying device. Use of common
cloth towels for hand drying shall be prohibited.
22. All restroom and workstation hand washing sinks are to be stocked with liquid hand soap and
paper towels. Common towels shall be prohibited in restrooms. Hand washing sinks shall be
readily accessible to all workstations. Dispensers for soap and paper towels shall be wall mounted.
Hand washing signs provided by the Health Department must be posted conspicuously at all hand
washing sinks.
23. No massage, bodywork or somatic therapy establishment shall knowingly serve any patron
infected with any parasitic infections such as pediculosis or scabies and/or fungal, bacterial, or
other skin infections, nor shall service be performed on any patron exhibiting skin inflammation
or eruptions. No massage, bodywork or somatic therapy establishment shall knowingly serve any
patron demonstrating any other medically recognized contraindication, provided that a duly
licensed physician may certify that a person may be safely provided with a massage, bodywork or
somatic therapy, prescribing the conditions thereof.
24. The owner or operator shall submit a disinfection/sterilization plan for non-disposable
instruments and materials used in administering massages, bodywork and/or somatic therapies to
the Health Officer for approval at the time of the initial application for licensure or any subsequent
application for license renewal thereof and must operate in compliance with an approved plan.
Such non-disposable instruments and materials shall be disinfected after use on each patron and
stored in a clean and sanitary manner. Ample supplies of the disinfectant and/or sanitization agents
approved by the Health Officer or his designated agent shall be available in the establishment at
all times. All such agents shall be stored in their original container, shall bear the manufacturer’s
label, and shall be used in a manner consistent with the manufacturer’s instructions.
25. Restroom doors shall be self-closing and each restroom shall be provided with an easily
cleanable, non-absorbent, and covered waste receptacle. The exterior portion of the door to the
restroom shall be clearly marked with a sign identifying the gender for which the restroom is
designated for use. If the restroom is designated for unisex use, the exterior portion of the door
shall be clearly marked as being designated for both genders. All toilets shall be in working order.
All showers shall be in working order. All sinks and showers in the establishment shall be supplied
with hot and cold running water. Hot and cold water at hand washing sinks shall dispense water
from a single faucet under pressure. Hot and cold water in showers shall dispense under pressure.
26. The establishment shall be kept free of vermin and conditions which are conducive to the
breeding, feeding, and harboring of vermin. Extermination services shall only be performed by a
licensed exterminator.
27. Garbage and waste generated shall be kept in non-absorbent and easily cleanable waste
receptacles. Waste receptacles in rooms where services are rendered to patrons shall be lined with
plastic disposable bags and shall be supplied with lids which can be opened with a foot pedal. All
waste containers shall be maintained in a sanitary manner, shall not be permitted to overflow, and
shall be maintained in such a manner so as to prevent the entry of vermin. All outside garbage
and waste storage areas shall be maintained in a sanitary manner at all times. All waste receptacles
stored outside shall be covered and shall be maintained in good condition and be of such design so
as to prevent the entry or feeding of vermin.
266:12
§ 266-15 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-17
266-15. Sleeping quarters
A. No part of any quarters of any massage, bodywork and somatic therapy establishment shall be used
for or connected with any bedroom or sleeping quarters nor shall any person sleep in such massage,
bodywork and somatic therapy establishment except for limited periods incidental to and directly
related to a massage, bodywork or somatic therapy treatment.
B. Beds or mattresses shall not be permitted on the licensed premises.
C. No smoking shall be permitted on the licensed premises.
266-16. Prohibited acts
A. At no time shall clients and any employee(s) of the establishment simultaneously occupy any
dressing room in the establishment, restroom, steam rooms, dry heat, vapor, or shower and/or
bathing rooms. In the event a client requires toiletries, towels, or other items, the items shall be
passed to the client through the door into such rooms by the employee who shall remain outside of
the room while the items are passed to the client.
B. It shall be unlawful for any person knowingly, in a massage, bodywork or somatic therapy
establishment, to place his or her hand upon or touch with any part of his or her body, to fondle in
any manner or to massage a female patron’s breast or the sexual or genital area of any other person.
No massage, bodywork or somatic therapist, employee or operator shall perform or offer to perform
any act which would require the touching of a female patron’s breasts or the patron's sexual or
genital area.
C. No owner or manager of a massage, bodywork and somatic therapy establishment shall tolerate in
his or her establishment any activity or behavior prohibited by the State of New Jersey, particularly,
but not limited to, laws proscribing prostitution, indecency and obscenity, including the sale,
uttering or exposing and public communication of obscene material; laws which relate to the
commission of sodomy, adultery and proscribing fornication, nor shall any owner or manager
tolerate in his or her establishment any activity or behavior which violates this section.
D. Any conviction of any employee of a massage, bodywork and somatic therapy establishment of a
violation of the aforementioned statutes and codes shall devolve upon the owner or manager of such
establishment, to the extent that it constitutes sufficient cause for the suspension or revocation of
the establishment license.
266-17. Exceptions
A. The provisions of this Article shall not apply to massage, bodywork or somatic therapies given:
1. In the office of a licensed physician, chiropractor or physical therapist; or
2. By a regularly established medical facility having a staff which includes licensed physicians,
chiropractors and/or physical therapists; or
3. By any licensed physician, chiropractor or physical therapist in the residence of his or her
patient; or
4. By a licensed barber or cosmetologist/hairstylist limited to the areas of the face, neck, scalp or
upper part of the body, manicurists and pedicurists, as set forth in the Cosmetology and
Hairstyling Act of 1984, N.J.S.A. 45:5B-1 et seq.
266:13
§ 266-18 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-18
266-18. Suspension or revocation of license
A. Establishment licenses issued under this Article may be revoked or suspended by the Health Officer
or his designated agent pending a formal hearing before the Board of Health. Reasons for automatic
suspension or revocation of an establishment license include but are not limited to the following:
1. Fraud, misrepresentation or false statement in the application for the establishment
license.
2. Fraud, misrepresentation or false statement made while operating the licensed business
in the Borough.
3. Conviction of a crime or offense involving moral turpitude, a felony, an offense
involving sexual misconduct, keeping or residing in a house of prostitution, and any
crime involving dishonesty.
4. Conducting the licensed business within the Borough in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general welfare of the public.
5. An existing or threatened menace to the public health as determined by the Health
Officer.
6. The owner and/or operator or any employee refuses to permit, hinders, or obstructs, the
Health Officer or his designated agent or any duly authorized Borough Police Officer or
official to inspect the premises or the operations therein.
B. A person, firm, corporation, or other entity whose license has been revoked shall close the
establishment and request all patrons to vacate the premises.
C. The licensee shall be entitled to a hearing before the Board of Health within a reasonable time which
is not to exceed fifteen (15) days for the purpose of seeking reinstatement of a suspended or revoked
license. Written notice of the time and place of such a hearing shall be served upon the licensee at
least three (3) days prior to the date set for such hearing. Such notice shall contain a brief statement
of the grounds to be relied upon for revoking, cancelling, or suspending such license. Notice may
be give either by personal delivery thereof to the person to be notified or be deposited in the United
States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified at
the business address appearing upon such license by simultaneous regular mail and certified mail,
return receipt requested.
D. At the hearing before the Board of Health, the licensee shall have an opportunity to answer and may
thereafter be heard, and upon due consideration and deliberation by the Board of Health, the
complaint may be dismissed, or if the Board of Health concludes that the charges have been
sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions
required for reinstatement of the license.
E. If any such license shall have been revoked, neither the holder thereof nor any person acting for
him, directly or indirectly, shall be entitled to another license to carry on the same business within
the Borough, unless the application for such license shall be approved by the Board of Health.
266:14
§ 266-19 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-20
266-19. Inspections; access to premises
A. The Health Officer and his designated agent, shall, from time to time, at least twice a year, make
unannounced inspections of each massage, bodywork and somatic therapy establishment granted a
license under the provisions of this Article for the purpose of determining compliance with the
provisions of this Article and/or applicable rules, regulations, and laws. Such inspection shall be
made at reasonable times and in a reasonable manner.
B. Any duly appointed Borough Police Officer shall be permitted to enter upon and inspect the
premises for compliance with this Article.
C. All parts of the establishment shall be made accessible to the Health Officer or his designated agent
and any duly appointed Borough Police Officer.
D. It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the
Health Officer or his/her designee, any duly appointed Borough Police Officer, or Borough Official
needing to perform an inspection, access to all areas of the establishment.
266-20. Inspection placard; posting of placard
A. Immediately upon the conclusion of the inspection, the Health Officer or his designated agent shall
issue an evaluation placard of the establishment and leave the original copy of the inspection report
form with the person in charge of the establishment at the time of the inspection. The evaluation
placard shall identify that the establishment is one of the following:
1. "Satisfactory": The establishment is found to be operating in substantial compliance
with this Article and the licensee and his/her employees have demonstrated that they are
aware of the licensing, operational, and sanitary requirements outlined in this article;
2. "Conditionally Satisfactory": At the time of the inspection the establishment was
found not to be operating in substantial compliance with this Article and was in violation
of one or more provisions of this Article. Due to the nature of these violations, a
reinspection shall be scheduled. The reinspection shall be conducted at an unannounced
time. A full inspection shall be conducted at the time of reinspection. Opportunity for
reinspection shall be offered within a reasonable time and shall be determined by the
nature of the violation; or
3. "Unsatisfactory": Whenever a licensed establishment is operating in violation of this
Article, with one or more violations of this Article that constitute gross insanitary or
unsafe conditions, which pose an imminent health hazard, and/or violations of this
Article which serve as grounds for revocation or suspension of the establishment license,
the Health Officer or his/her designees shall issue an unsatisfactory evaluation. The
Health Officer shall immediately request that all operations cease until it is shown on
reinspection that conditions which warrant an unsatisfactory evaluation no longer exists.
Issuance of an unsatisfactory rating shall serve as ground for immediate suspension or
revocation of the establishment’s license.
266:15
§ 266-20 MASSAGE, BODYWORK AND SOMATIC THERAPY § 266-23
B. The licensee or person in charge of the establishment at the time of the inspection shall post the
evaluation placard of the most recent evaluation made by the Health Officer or his designated agent.
The evaluation placard shall be posted immediately in a conspicuous place near the public entrance
of the establishment in such a manner that the public may fully view the placard.
C. Inspection reports provided by the Health Officer or his designated agent shall be kept on the
premises for a minimum of three (3) years from the date of issuance and shall be provided upon
request to any member of the public or any Borough Official.
266-21. Reinspection fee
A. For any licensed establishment which requires reinspection as a result of a classification as
“conditionally satisfactory” or “unsatisfactory”, a reinspection fee of $240.00 shall be paid by the
licensee prior to the reinspection. A reinspection fee shall also be required for any subsequent
“conditionally satisfactory” or “unsatisfactory” classifications issued to the licensee at the
conclusion of a reinspection.
B. For repeat violations, a reinspection fee of $240.00 shall be paid by the licensee per violation. A
violation shall be deemed a repeat violation if the owner or person in charge of an establishment
licensed under the provisions of this ordinance fails:
1. To properly correct or abate a violation after having been notified verbally and in writing
during a previous inspection or complaint investigation; and/or
2. To take proper measures to prevent the reoccurrence of a violation after having been notified
verbally and in writing during a previous inspection or complaint investigation.
266-22. Violations and penalties
A. In addition to the revocation or suspension of the license granted under this Article, any person who
violates any provision of this Article shall, upon conviction thereof, be punishable by a fine of not
more than $2,000 or imprisonment for a term not to exceed 90 days or by a period of community
service not to exceed 90 days.
266-23. Enforcement agent
A. The enforcement agent for this Article shall be the Health Officer or his designated agent and any
duly appointed Borough Police Officer
266:16
APPENDIX
Chapter A265
CABLE TELEVISION FRANCHISE
§ A265-1.
Definitions.
§ A265-2.
Statement of findings.
§ A265-3.
Grant of authority.
§ A265-4.
Duration of franchise.
§ A265-5.
Expiration and subsequent renewal.
§ A265-6.
Franchise territory.
§ A265-7.
Service area.
§ A265-8.
Franchise fee.
§ A265-9.
Free service.
§ A265-10. Construction requirements.
§ A265-11. Technical and customer service standards.
§ A265-12. Local office or agent.
§ A265-13. Designation of complaint officer.
§ A265-14. Liability insurance.
§ A265-15. Performance bond.
§ A265-16. Rates.
§ A265-17. Emergency uses.
§ A265-18. Equitable terms.
§ A265-19. Removal of facilities.
§ A265-20. Public, educational and governmental access.
§ A265-21. Incorporation of application.
§ A265-22. Consistency with applicable laws.
§ A265-23. Separability.
§ A265-24. Notice.
§ A265-26. Effective Date and Board of Public Utility Approval.
[HISTORY: Adopted by the Mayor and Council of the Borough of Butler 1-23-2001 by
Ord. No. 2000-31.1 ; Amended by Ord. 2013-17 on 10-15-2013. Amendments noted where
applicable.]
§ A265-1. Definitions.
“Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to
cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
“Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which
application is on file in the Borough Clerk’s office and is incorporated herein by reference and
made a part hereof, except as modified, changed, limited or altered by this Ordinance.
“Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor
agency.
1. Editor's Note: This ordinance also superseded former Ch. A265, Cable Television Franchise, adopted 12-18-1990 by
Ord. No. 1990-31.
2. Editor's Note: The preamble of this ordinance defined "Borough" as the governing body of the Borough of Butler
and "company" or "Cablevision" as Cablevision of Oakland, Inc.
A265:1
§ A265-1 BUTLER CODE § A265-4
“Borough” shall mean the governing body of the Borough of Butler in the County of Morris, and the
State of New Jersey.
“Company” shall mean Cablevision of Oakland, LLC (“Cablevision”) the grantee of rights under this
Ordinance.
“FCC” shall mean the Federal Communications Commission.
“Federal Act” shall mean that federal statute relating to cable communications commonly known as
the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the
Telecommunications Act of 1996, or as those statutes may be amended.
“Federal Regulations” shall mean those federal regulations relating to cable television services, 47
C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations
relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or
as such regulations may be amended.
“Standard installation” shall mean the installation of drop cable to a customer’s premise where the
distance from the point of entry into the building being served is less than 150 feet from the active
cable television system plant.
“State” shall mean the State of New Jersey.
“State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities
relating to cable television. N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such
regulations may be amended.
§ A265-2. Statement of findings.
A public hearing concerning the consent herein granted to Cablevision was held after proper public
notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open
to the public, and the municipality having received all comments regarding the qualifications of
Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary
legal, technical, character, financial and other qualifications to support municipal consent, and that
Cablevision’s operating and construction arrangements are adequate and feasible.
§ A265-3. Grant of authority.
The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along,
across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public
places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and
operation in the Borough of a cable television system or other communications facility, and for
the provision of any communication service over such facilities. Operation and construction,
pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
§ A265-4. Duration of franchise.
This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the
date of issuance of a Certificate of Approval by the Board.
A265:2
§ A265-5 CABLE TELEVISION FRANCHISE § A265-9
§ A265-5. Expiration and subsequent renewal.
If Cablevision seeks successive consent, it shall, prior to the expiration of this consent, apply for
a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and
applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both
the Borough and Cablevision shall be bound by the terms of this municipal consent until such
time as Cablevision converts the municipal consent (and any certificate of approval) into a
system-wide franchise.
§ A265-6. Franchise territory.
The consent granted under this Ordinance to Cablevision shall apply to the entirety of the
Borough and any property hereafter annexed.
§ A265-7. Service area.
Cablevision shall be required to proffer video programming service along any public right-of-
way to any person’s residence within the portion of the Franchise territory, as described in the
Application for municipal consent, at Cablevision’s schedule of rates for standard and
nonstandard installation.
§ A265-8. Franchise fee.
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the
Borough, as an annual franchise fee, a sum equal to two percent (2%) of the actual gross
revenues received from all recurring charges in the nature of subscription fees paid by
subscribers for its cable television reception services in the Borough. In the event applicable law
hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the
Borough and Cablevision shall negotiate in good faith with respect to the amount thereof;
provided, however, that nothing herein shall be construed to permit the Borough to require
payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable
television service providers offering service in the Municipality.
§ A265-9. Free service.
Cablevision shall, upon written request, provide free of charge, one (1) standard installation and
monthly cable television reception service to all State or locally accredited public schools and all
municipal public libraries, as well as municipal buildings located within the Borough.
Upon written request from the Borough, the Company shall provide to state and locally
accredited elementary and secondary schools and municipal public libraries in the Borough,
without charge, the following: (1) one standard installation per school or library; (2) one cable
modem per installation; and, (3) basic cable modem service for the term of this Ordinance for
each installation. This offer shall be subject to the terms, conditions and use policies of the
Company, as those policies may exist from time to time.
A265:3
§ A265-9 BUTLER CODE § A265-12
§ A265-10. Construction requirements.
Cablevision shall perform construction and installation of its plant and facilities in accordance with
applicable State and federal law. The Company shall be subject to the following additional
construction requirements with respect to the installation of its cable plant and facilities in the
Borough:
(a) In the event that the Company or its agents shall disturb any pavement, street surfaces,
sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace
such disturbances in as good a condition as existed prior to the commencement of said work.
(b) If at any time during the period of this consent, the municipality shall alter or change the grade
of any street, alley or other way or place, the Company, upon reasonable notice by the Borough
shall remove or relocate its equipment, at its own expense.
(c) Upon request of a person holding a building or moving permit issued by the Borough, the
Company shall temporarily move or remove appropriate parts of its facilities so as to permit the
moving or erection of buildings or for the performance of other work. The expense of any such
temporary removal or relocation shall be paid in advance to the Company by the person requesting
the same. In such cases, the Company shall be given not less than fourteen (14) days prior written
notice in order to arrange for the changes required.
(d) During the exercise of its rights and privileges under this consent, the Company shall have the
authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the
Borough so as to prevent the branches of such trees from coming in contact with the wires, cables,
conduits and fixtures of the Company. Such trimming shall be only to the extent necessary to
maintain proper clearance for the Company’s facilities.
§ A265-11. Technical and customer service standards.
Cablevision shall comply with the technical and customer service standards established for the cable
industry under applicable federal and State laws, rules and regulations.
§ A265-12. Local office or agent.
Cablevision shall establish and maintain during the entire term of this consent a local area business
office or agent for the purpose of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said office shall be open daily during
normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
A265:4
§ A265-13 CABLE TELEVISION FRANCHISE § A265-19
§ A265-13. Designation of complaint officer.
The Office of Cable Television is hereby designated as the complaint officer for the Borough
pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed and processed
in accordance with N.J.A.C. 14:17-6.5.
§ A265-14. Liability insurance.
Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the
term of this consent, sufficient liability insurance naming the Borough as an additional insured
and insuring against loss by any such claim, suit, judgment, execution or demand in the
minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one
person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one
accident or occurrence stemming from or arising out of the Company’s exercise of its rights
hereunder.
§ A265-15. Performance bond.
Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this
Agreement, a bond to the municipality in the amount of twenty-five thousand dollars
($25,000.00). Such bond shall be to insure the faithful performance of its obligations as
provided in this Franchise.
§ A265-16. Rates.
A. The rates of the Company for cable television service shall be subject to regulation to the
extent permitted by federal and State law.
B. Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off
the monthly broadcast basic level of cable television service rate to any person sixty-two (62)
years of age or older, who subscribes to cable television services provided by the Company,
subject to the following:
(i)
Such discount shall only be available to eligible senior citizens who do not share the
subscription with more than one person in the same household who is less than sixty-two
(62) years of age; and,
(ii) In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount
must meet the income and residence requirements of the Pharmaceutical Assistance to the
Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,
(iii) The senior discount herein relates only to the broadcast basic level of cable television
service, and shall not apply to any additional service, feature, or equipment offered by the
Company, including any premium channel services and pay-per-view services; and,
(iv) Senior citizens who subscribe to a level of cable television service beyond expanded basic
service, including any premium or per channel a la carte service, shall not be eligible for
the discount; and,
A265:5
§ A265-16 CABLE TELEVISION FRANCHISE § A265-18
C. The Company shall have no further obligation to provide the senior discount herein in the
event that (a) the Company converts the municipal consent granted herein to a system-wide
franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification
that another cable television service provider offering services to residents of the Borough files,
in accordance with N.J.S.A. 48:5A-30(d), is capable of serving sixty percent (60%) or more of
the households within the Borough. In the event the Company does cease providing a senior
discount pursuant to this provision, it shall comply with all notice requirements of applicable
law.
§ A265-17. Emergency uses.
Cablevision shall be required to have the capability to override the audio portion of the system in
order to permit the broadcasting of emergency messages by the Borough pursuant to state and
federal requirements. The Company shall in no way be held liable for any injury suffered by the
Borough or any other person, during an emergency, if for any reason the municipality is unable
to make full use of the cable television system as contemplated herein. The Borough shall utilize
the state-approved procedures for such emergency uses.
§ A265-18. Equitable terms.
In the event that the service of another multi-channel video program provider not subject to the
Borough’s regulatory authority within the Borough creates a significant competitive
disadvantage to Cablevision, the Company shall have the right to request from the Borough
lawful amendments to its Franchise that relieve it of burdens which create the unfair competitive
situation. Should the Company seek such amendments to its Franchise, the parties agree to
negotiate in good-faith appropriate changes to the Franchise in order to relieve the Company of
such competitive disadvantages. If the parties can reach an agreement on such terms, the
Borough agrees to support the Company's petition to the Board for modification of the consent in
accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the
Borough acknowledges that the Company shall have the right to petition the Board directly for
such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Borough shall be under no obligation to support Cablevision's request for such
relief from the Board.
In any subsequent municipal consent, Borough shall require, at a minimum, the same terms and
conditions of any other provider of multi-channel video programming subject to the Borough’s
regulatory authority as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant consent, Borough agrees to
support the Company's petition to the Board for modification of the consent in accordance with
NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the Company of competitive disadvantages
identified in the Company's petition.
A265:6
§ A265-19 BUTLER CODE § A265-20
§ A265-19. Removal of facilities.
Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense
and upon direction of the Board, shall remove the cables and appurtenant devices constructed or
maintained in connection with the cable services authorized herein, unless Cablevision, its affiliated
entities or assignees should, within six (6) months after such expiration, termination or revocation
obtain certification from the FCC to operate an open video system or any other federal or state
certification to provide telecommunications.
§ A265-20. Public, educational and governmental access.
A. Cablevision shall continue to make available non-commercial public, educational and
governmental (PEG) access services available to the residents of the Borough as described in the
Application for municipal consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision’s subscribers.
B. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or
portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the
channel for purposes of providing PEG access programming. In the event that the Company uses said
PEG access channel for the presentation of such other programming, the PEG programming shall
remain the priority use and the Company’s rights with respect to using the channel for non-PEG
programming shall be subordinate to the Borough’s provision of PEG access programming on such
channel.
C. Cablevision shall have discretion to determine the format and method of transmission of the PEG
access programming provided for in this Section 20.
D. Cablevision shall provide the Borough with a one-time PEG grant of up twelve thousand dollars
($12,000.00) payable as follows: (1) an initial grant payment of three thousand dollars ($ 3,000.00)
within 90 days of the issuance of the Certificate of Approval by the Board of Public Utilities (the
“Initial Grant”); and (2) a grant of nine thousand dollars ($ 9000.00) provided in annual installments
of one thousand dollars ($1,000.00) each, upon written request by the Borough (the “Annual Grant).
The Annual Grant shall be payable to the Borough within ninety (90) days from receipt of the
Borough’s annual written request. Cablevision shall not be obligated to make any additional
payments beyond year ten of the franchise term.
E. The Borough agrees that the Initial Grant and the Annual Grant provided pursuant to Paragraph D,
shall be used for the exclusive support of PEG access programming, such as the purchase and/or
rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision
with a certification of compliance with this Section 20(E).
F. The Company shall have no further obligation to provide any PEG grant payments due and payable
after the date upon which the Company converts the municipal consent granted herein to a system-
wide franchise in accordance with N.J.S.A. 48:5A-25.1.
A265:7
§ A265-21 CABLE TELEVISION FRANCHISE § A265-24
§ A265-21. Incorporation of application.
All of the commitments contained in the Application and any amendment thereto submitted in
writing to the Borough by the Company except as modified herein, are binding upon Cablevision
as terms and conditions of this consent. The Application and any other written amendments
thereto submitted by Cablevision in connection with this consent are incorporated in this
Ordinance by reference and made a part hereof, except as specifically modified, changed,
limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.
§ A265-22. Consistency with applicable laws.
This consent shall be construed in a manner consistent with all applicable federal, State and local
laws, as such laws, rules and regulations may be amended from time to time.
§ A265-23. Separability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portion thereof.
§ A265-24. Notice.
Notices required under this Ordinance shall in writing and shall be mailed, first class, postage
prepaid, to the addresses below. Either party may change the place where notice is to be given
by providing such change in writing at least thirty (30) days prior to the time such change
becomes effective. The time to respond to notices under this Ordinance shall run from receipt of
such written notice.
Notices to the Company shall be mailed to:
Cablevision Systems Corporation
111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New Jersey
With a copy to:
Cablevision of Oakland, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
Notices to the Borough shall be mailed to:
Borough of Butler
One Ace Road
Butler, New Jersey 07405
Attention: Borough Administrator
A265:8
§ A265-25 CABLE TELEVISION FRANCHISE § A265-25
§ A265-24. Effective Date and Board of Public Utility Approval.
This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of
Public Utilities that incorporates the material terms of this Ordinance. Nothing herein shall alter the
right of the Company to seek modification of this Ordinance in accordance with N.J.S.A 48:5A-47
and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the terms of this Ordinance will no
longer be in effect upon Cablevision converting the municipal consent (and any certificate of
approval) into a system-wide franchise.
A265:9
DISPOSITION
LIST
Chapter DL
DISPOSITION LIST
§ DL-1. Disposition legislation.
The following is a chronological listing of legislation of the Borough of Butler adopted
since January 1, 2004, that has been codified, indicating its inclusion in the Code or the
reason for its exclusion. Enabling legislation which is not general and permanent in
nature is considered to be non-Code material (NCM) and is not included on this
Disposition List. Consult municipal records for information pertaining to legislation not
on this Disposition List.
§ DL-1. Disposition legislation.
Enactment
2004-2
Adoption Date
4-20-2004
Subject
Alcoholic beverage sales
Disposition
Ch. 67, Art. I
amendment
2004-3
4-20-2004
Copies of public records
amendment
Ch. 119, Art. I
2004-7
7-20-2004
Uniform construction codes
amendment
Ch. 101
2004-8
7-20-2004
Vehicles and traffic
amendment
Ch. 225
2004-9
7-20-2004
Copies of public records
amendment
Ch. 119, Art. I
2004-16
10-19-2004
Copies of public records
amendment
Ch. 119, Art. I
2005-5
4-19-2005
Sewers amendment
Ch. 191
2005-6
5-17-2005
Vehicles and traffic
amendment
Ch. 225
2005-9
5-17-2005
Towing and storage of
vehicles amendment
Ch. 216
2005-22
10-18-2005
Vehicles and traffic
amendment
Ch. 225
2005-23
10-18-2005
Vehicles and traffic
amendment
Ch. 225
2005-26
12-20-2005
Water amendment
Ch. 234
2005-27
12-20-2005
Sewers amendment
Ch. 191
2006-1
1-17-2006
Vehicles and traffic
amendment
Ch. 225
DL:1
§ DL-1
BUTLER CODE
§ DL-1
Enactment
2006-2
Adoption Date
2-7-2006
Subject
Police Department
Disposition
Ch. 40
amendment
2006-3
3-7-2006
Uniform Construction
Codes amendment
Ch. 101
2006-4
3-21-2006
Alarm systems repealer
Ch. 65, reference
only
2006-6
4-18-2006
Rental or lease of residential
property
Ch. 182
2006-7
4-18-2006
Violations and penalties
amendment
Chs. 1, 67, 69, 79,
82, 85, 89, 91, 93,
101, 101A, 102,
108, 117, 120,
122, 124, 129,
133, 150, 153,
160, 165, 168,
174, 180, 184,
187, 191, 194,
196, 202, 213 and
230
2006-11
5-16-2006
Disposal of pet waste;
feeding wildlife;
containerized yard waste;
illicit connection to
stormwater system;
improper disposal of waste
in municipal storm sewer
system
Chs. 72, Arts. IV
and V; 130; 192;
193
2006-12
5-2-2006
Alcoholic beverages: Sales
amendment
Ch. 67, Art. I
2006-14
5-16-2006
Butler Alliance Commission Ch. 56
2006-15
5-16-2006
Vehicles and traffic
amendment
Ch. 225
2006-18
6-20-2006
Towing and storage of
vehicles amendment
Ch. 216
2006-25
9-19-2006
Bingo and raffles
amendment
Ch. 82
2006-26
11-21-2006
Housing standards
amendment
Ch. 136
2006-27
Land use amendment
Ch. 143
2006-29
12-19-2006
Parks and recreation areas
amendment
Ch. 168
2007-01
(Board of Health)
2-21-2007
Sanitation amendment
Ch. 257
DL:2
§ DL-1
DISPOSITION LIST
§ DL-1
Enactment
2007-1
Adoption Date
Subject
Vehicles and traffic
Disposition
Ch. 255
amendment
2007-2
2-20-2007
Garbage, refuse and
recyclables amendment
Ch. 129
2007-3
2-20-2007
Vehicles and traffic
amendment
Ch. 255
2007-4
2-20-2007
Towing and storage of
vehicles amendment
Ch. 216
2007-5
2-20-2007
Newsracks
Ch. 158
2007-6
3-20-2007
Fees: Copies of public
records amendment
Ch. 119, Art. I
2007-8
6-19-2007
Massage, bodywork and
somatic therapy
establishments
Ch. 156
2007-9
4-17-2007
Land use amendment
Ch. 143
2007-10
5-15-2007
Vehicles and traffic
amendment
Ch. 225
2007-15
6-19-2007
Administration of
government amendment
Ch. 4
2007-16
6-19-2007
Vehicles and traffic
amendment
Ch. 225
2007-24
7-21-2007
Land use amendment
Ch. 143
2007-27
9-18-2007
Fees: Copies of public
records amendment
Ch. 119, Art. I
2007-29
11-20-2007
Land use amendment
Ch. 143
2008-1
1-22-2008
Land use amendment
Ch. 143
2008-2
2-19-2008
Vehicles and traffic
amendment
Ch. 225
2008-3
3-18-2008
Separation of certain
designated materials and
recyclables; construction,
renovation and demolition
debris recovery plan and
land use amendments
Chs. 129, Arts. II
and III, and 143
2008-4
3-18-2008
Water amendment
Ch. 234
2008-5
5-20-2008
Vehicles and traffic
amendment
Ch. 225
2008-6
5-20-2008
Loitering repealer
Ch. 155, reference
only
DL:3
INDEX
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"...abor, services, supplies, equipment and materials to which the municipality may be a party. (2) Be the depository for and have custody of all performance bonds running to the Borough as obligee, or any other form of security given by any contractor, subdivision developer or other persons on account of wor..."
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"...w the permittee to utilize Borough water for a thirty-day period. The fee for the permit shall 234:8 § 234-7 BUTLER CODE § 234-8 be $75 per day of usage for all but residential dwelling construction. For residential construction, the fee shall be $100 per unit for the ninety-day period. The..."
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