N.J. Stat. tit. 26, ch. 9

in effect

N.J. Stat. § 26:9-1 Definitions

As used in this chapter: "Director" means the director of the state experiment station. "Commission", "county commission", or "county mosquito commission" means the county mosquito extermination commission.

N.J. Stat. § 26:9-2 Duty of director of state experiment station

The director of the state experiment station, or an executive officer appointed by him, shall: a. Survey, in the order he deems desirable and to the extent that he deems necessary, all salt marsh, fresh-water swamps, or flooded areas within the state for the location of mosquito breeding areas; b. Map each section so surveyed and indicate all mosquito breeding areas, the method adapted to their extermination, and the probable cost; c. Investigate the mosquito life history, habits, and control, as will, in his judgment, furnish information necessary to successful mosquito extermination by any agency within the state; and d. Distribute among the people of the state information concerning the nature and results of mosquito extermination.

N.J. Stat. § 26:9-3 Survey by request

The director, or his executive officer, shall survey, at the request of the local board of health or the county mosquito commission, any territory suspected of breeding mosquitoes, within the jurisdiction of such board or commission.

N.J. Stat. § 26:9-4 Map of breeding area

The director shall prepare a map of such suspected area, locating upon it such mosquito breeding areas as have been discovered, and shall report the same to the local board of health or county mosquito commission requesting the survey.

N.J. Stat. § 26:9-5 Petition for survey

A request for such survey may be made by the local board, or the county commission, upon its own motion, and must be made upon the petition, in writing, of ten or more freeholders residing within the jurisdiction of such board or commission.

N.J. Stat. § 26:9-6 Notice to local authorities of breeding place

Whenever, in the course of a survey, it is found that mosquitoes breed at any place within the state, the director through his executive officer, shall notify in writing the local board or the county commission, by personal service upon an officer or member thereof, of the extent and location of such place, and furnish a map indicating the character of the work to be done and its probable cost.

N.J. Stat. § 26:9-7 Notice to landowner to abate

The local board or the county commission shall, within twenty days from the time such notice is served, investigate the ownership, so far as ascertainable, of the territory on which the breeding places occur, and notify the owner of such lands, if he can be found or ascertained, in the manner provided in section 26:3-49 of this title, to abate such breeding place.

N.J. Stat. § 26:9-8 Contents of notice

The notice to the landowner shall include: a. The facts contained in the communication from the director; b. A statement that any water in which mosquito larvae breed is a nuisance and subject to abatement under article 3 of chapter 3 of this title (s. 26:3-45 et seq.); and c. An order that unless the nuisance is abated within a stated period, not more than sixty days from the date of the notice, the same will be abated as provided in said article 3 of chapter 3 of this title.

N.J. Stat. § 26:9-9 Abatement by local authorities

In case the landowner fails to comply with such order, the local board or county commission shall abate such nuisance in the manner provided in article 3 of chapter 3 of this title (s. 26:3-45 et seq.).

N.J. Stat. § 26:9-10 Powers of commission

The commission shall have all the powers of a local board in so far as the same pertain to a mosquito breeding nuisance artificially created and water in which mosquito larvae breed, but such power shall not extend over any lands owned by a municipality, county, or the state. The powers granted by this article shall not be construed as to limit the powers conferred on county mosquito extermination commissions by sections 26:9-13 to 26:9-26 of this title.

N.J. Stat. § 26:9-11 Extermination budget; payment of bills

The director of the state experiment station may expend annually for mosquito extermination such amount of money as may be appropriated by the legislature. All moneys so appropriated shall be paid out by the state comptroller upon the certificates of the director that the conditions and requirements of this article have been complied with. The state comptroller shall draw his warrant in payment of all bills approved by the director and the state treasurer shall pay all warrants so drawn to the extent of the amount appropriated.

N.J. Stat. § 26:9-12 Appropriation to municipalities

The director may, if in his judgment public interests will be served, set aside out of the moneys appropriated for such purposes such an amount as may be necessary to abate the mosquito breeding areas found in any municipality. In such case, payment shall be made to the contractor upon a statement by the person in charge of the work, attested by the director, showing the amount due and that the work has been completed in accordance with the specifications of the contract.

N.J. Stat. § 26:9-12.1 Airplane spraying for mosquito extermination; use of State aid appropriation

The amount annually appropriated as State aid for mosquito extermination and control in counties bordering on the Atlantic ocean to the State Department of Health shall be used by the State Commissioner of Health in airplane spraying for mosquito extermination in each of such counties in accordance with the health needs of the respective counties as determined by the State Commissioner of Health, said work to be done in conjunction with the work of the Mosquito Extermination Commission in said county. L.1949, c. 89, p. 407, s. 1.

N.J. Stat. § 26:9-12.2 Effective date

This act shall take effect July first, one thousand nine hundred and forty-nine. L.1949, c. 89, p. 407, s. 3.

N.J. Stat. § 26:9-12.3 State Mosquito Control Commission; membership; appointment

There is hereby created in the Department of Environmental Protection a permanent commission to be known as the State Mosquito Control Commission, which shall consist of 10 members, six of whom shall be appointed by the Governor with the advice and consent of the Senate and four of whom shall be the Commissioner of the Department of Environmental Protection, the Commissioner of the Department of Health, the Secretary of Agriculture, or their designated representatives, and the Director of the New Jersey State Agricultural Experiment Station, ex officio. L.1956, c. 135, p. 556, s. 1. Amended by L.1977, c. 366, s. 1, eff. Feb. 6, 1977.

N.J. Stat. § 26:9-12.4 Tenure; vacancies; compensation

The appointed members of the commission shall serve for terms of 4 years, except that of the first appointed members of the commission 1 shall be appointed for a term of 1 year, 1 for a term of 2 years, and 2 for terms of 3 years. Vacancies in the membership of the commission shall be filled in the same manner as the appointments were made but for the unexpired terms only. All members of the commission shall serve without compensation but shall be reimbursed for all expenses incurred in connection with the commission's work. L.1956, c. 135, p. 556, s. 2.

N.J. Stat. § 26:9-12.5 Meeting and organization

The commission shall meet at the call of the Director of the New Jersey State Agricultural Experiment Station and shall organize as soon as may be after the appointment of its members and shall select a chairman from among its members and a secretary who need not be a member of the commission. L.1956, c. 135, p. 556, s. 3.

N.J. Stat. § 26:9-12.6 Duties of commission

It shall be the duty of the commission to carry on a continuous study of mosquito control and extermination in the State, to recommend to the Governor and the Legislature, from time to time, changes in legislation which in its judgment may be necessary or desirable to be enacted in order to enforce and carry out mosquito extermination and control work throughout the State, to recommend to the Legislature the amount of money which in its judgment it shall deem necessary and desirable to be appropriated each year by the State for mosquito control purposes and to allocate funds appropriated for State aid to counties in the performance of such work among the various counties through the New Jersey State Agricultural Experiment Station, to act in an advisory capacity in all matters pertaining to mosquito extermination and control and to co-operate with the agencies of other States and the Federal Government in the elimination of mosquito breeding areas under their control. L.1956, c. 135, p. 557, s. 4.

N.J. Stat. § 26:9-12.7 Enforcement of recommendations

The commission shall have power to call to the attention of the director any mosquito breeding places in the State which may come to its attention and in cases in which any recommendations made by the experiment station to abate mosquito breeding places in any particular areas of the State are being disregarded, to call to his attention the fact that the same are being disregarded and to order him to take such measures as will cause abatement of said mosquito breeding places or compliance with his recommendations as are provided by law. L.1956, c. 135, p. 557, s. 5.

N.J. Stat. § 26:9-12.8 Cooperation

The New Jersey State Agricultural Experiment Station and the several county mosquito extermination commissions shall cooperate with the commission in the furnishing of information and the performance of any services which may be requested of them by the commission in the carrying out of the purposes of this act. L.1956, c. 135, p. 557, s. 6.

N.J. Stat. § 26:9-12.9 Hearings; annual reports

The commission may meet and hold hearings at such place or places as it shall designate from time to time and shall report annually its findings and recommendations to the Governor and the Legislature, accompanying the same with any legislative bills which it may desire to recommend for adoption by the Legislature. L.1956, c. 135, p. 558, s. 7.

N.J. Stat. § 26:9-13 Extermination commission; appointment

The board of chosen freeholders of each county shall appoint a board of commissioners to be known as "the (here insert name of county) county mosquito extermination commission" for the county. Amended by L.1948, c. 383, p. 1564, s. 1.

N.J. Stat. § 26:9-13.1 Incumbents to continue in office

The members of the county mosquito extermination commissions of the several counties, in office when this act takes effect, shall continue in office until the expiration of their respective terms of office. L.1948, c. 383, p. 1564, s. 2.

N.J. Stat. § 26:9-14 Composition of commission

Each county mosquito extermination commission shall be composed of six members in addition to the Director of the State Experiment Station and the Commissioner of Health, who shall be ex-officio members and who shall cooperate with them for the effective carrying out of their plans and work. At least three of the appointive members shall be persons who are or have been members or employees of boards of health, and one appointive member shall be a member of the board of chosen freeholders of the county. Amended by L.1971, c. 207, s. 1, eff. June 9, 1971.

N.J. Stat. § 26:9-14.1 Additional member

Notwithstanding the provisions of any other law, a county mosquito extermination commission shall be composed of the members appointed pursuant to R.S. 26:9-14 plus one additional member appointed for a term of 3 years. L.1973, c. 295, s. 1.

N.J. Stat. § 26:9-15 Term of office

The commissioners first appointed in any county shall hold office respectively for a term of one, two, and three years, as fixed in the order of appointment; thereafter, each commissioner who succeeds an original appointee shall be appointed for a term of three years.

N.J. Stat. § 26:9-16 Vacancy

Any vacancy occurring in the membership of the commission shall be filled in the same manner as an original appointment and for the unexpired term only.

N.J. Stat. § 26:9-17 Oath

Each appointive commissioner, before entering upon the duties of his office, shall take and subscribe an oath, before the clerk of the county in and for which he is appointed, to perform faithfully and impartially the duties of his office. The oath shall be filed with such clerk.

N.J. Stat. § 26:9-18 Compensation

No member of the commission while sitting as such shall receive any compensation except for necessary expenses for actual attendance on meetings.

N.J. Stat. § 26:9-19 Officers and employees

The commission shall choose annually from among its members a president and treasurer, appoint a clerk or secretary and such other officers and employees as it may deem necessary, but it shall not employ any of its own members. The commission shall also make rules and regulations governing the duties and compensation of its employees.

N.J. Stat. § 26:9-20 Office of commission

The board of freeholders of the county shall provide the commission with a suitable office where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at such times and under such reasonable regulations as the commission may determine.

N.J. Stat. § 26:9-21 Powers of commission

The commission shall constitute a body politic, with power: a. To sue and be sued; b. To use a common seal; c. To make by-laws; and d. To perform all acts which in its opinion may be necessary for the elimination of mosquito breeding areas, or which will tend to exterminate mosquitoes within the county.

N.J. Stat. § 26:9-22 Plans and estimates; filing and approval

The commission shall, on or before the first of November in each year, file with the director a detailed estimate of the moneys required for the ensuing year, and a plan of the work to be done. The director shall approve or modify such estimate and plan, and when finally approved by him shall forward them, on or before the first of December each year, to the board of freeholders of the county.

N.J. Stat. § 26:9-23 Tax levy; limitations

The board of freeholders of the county or other body having control of the finances thereof, shall include annually in the tax levy the amount of money needed for mosquito control; but in no year shall the amount so raised exceed the following amounts: a. In counties where the assessed valuations are not more than $25,000,000.00, a sum not greater than one mill on every dollar of assessed valuations. b. In counties where the assessed valuations are not more than $50,000,000.00, a sum not more than one-half of one mill on every dollar of assessed valuations. c. In counties in which the assessed valuations are in excess of $50,000,000.00, a sum of not more than one-quarter of one mill on every dollar of assessed valuations. Amended by L.1977, c. 366, s. 2, eff. Feb. 6, 1977.

N.J. Stat. § 26:9-24 Withdrawal of funds

The commission may draw the money so appropriated on requisition duly signed and approved by its president and secretary.

N.J. Stat. § 26:9-25 Annual report

The commission shall, on or before the first of November in each year, submit to the director and to the board of freeholders a report setting forth the amount of moneys expended during the previous year, the methods employed, the work accomplished, and any other information which in its judgment may seem pertinent.

N.J. Stat. § 26:9-26 Other laws not affected

Nothing in sections 26:9-13 to 26:9-25 of this title shall be construed to alter, amend, modify or repeal the provisions of article 1 of this chapter (s. 26:9-1 et seq.), or to alter, amend, modify or repeal any law conferring upon the state department or local boards of health any powers or duties in connection with the extermination of mosquitoes, but shall be construed to be supplementary thereto.

N.J. Stat. § 26:9-27 Powers of board of freeholders

The board of freeholders in any county may: a. Eliminate all breeding places of mosquitoes within the county; b. Adopt and execute such plans as in its judgment will tend to exterminate mosquitoes; and c. Purchase such material and equipment as may be necessary or proper for said purpose.

N.J. Stat. § 26:9-28 Funds provided by bond issue

When the board of freeholders of any county, by resolution approved by a majority of the members of the board, shall declare that it is expedient or necessary to eliminate breeding places of mosquitoes within the county, the board may issue bonds, in the corporate name and under the corporate seal of the county, to provide moneys for such work. Such bond issue shall not exceed three hundred thousand dollars.

N.J. Stat. § 26:9-29 Method of issue

Any such bonds shall be issued under and in accordance with the provisions of article 1 of chapter 1 of the title Municipalities and Counties (s. 40:1-1 et seq.).

N.J. Stat. § 26:9-30 Delegation of work to commission

The board of freeholders of any county in which there is a county mosquito extermination commission may authorize, designate, and employ such commission to submit plans and to perform the work and furnish the material which, in the judgment of the board, may exterminate mosquitoes or eliminate their breeding places.

N.J. Stat. § 26:9-31 Other laws not affected

Nothing in sections 26:9-27 to 26:9-30 of this title shall be construed to alter, amend, modify or repeal the provisions of sections 26:9-13 to 26:9-26 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026