[HISTORY: Adopted by the City Council of
the City of Somers Point as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-14-1991 by Ord. No. 6-1991]
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Be it ordained and enacted by the City Council
of the City of Somers Point, County of Atlantic, State of New Jersey,
as follows:
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Pursuant to N.J.S.A. 40:49-4, the various Chapters and Articles of the 1968 Code of the City of Somers Point and the other Ordinances of the City of Somers Point of a general and permanent nature adopted by the City Council of the City of Somers Point, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 265, are hereby approved, adopted, ordained and enacted as the "Code of the City of Somers Point," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1967 Code of the City of Somers Point and 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.
This ordinance shall take effect immediately
upon passage and publication according to law.
A copy of the Code in loose-leaf form has been
filed in the office of the City 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 by the Clerk of the City of Somers Point by impressing
thereon the Seal of the City, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the City,
to be made available to persons desiring to examine the same during
all times while said Code is in effect.
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 City of Somers Point" 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.
The Clerk of the City of Somers Point, 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 City. 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 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.
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 his office
for the use of 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.
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 City Council, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
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 City of Somers Point to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than $1,000 or
to imprisonment for not more than 90 days, or both, in the discretion
of the Judge imposing the same.
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.
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.
All ordinances or parts of ordinance 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
saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to April 26, 1990.
B.
Any right of 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 forefeiture 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 of 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 City'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.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance or section thereof dealing with the
appointment of any officer or employee of the City of Somers Point.
M.
Ordinance No. 8-1984, adopted on April 13, 1984, and
any subsequent amendments thereto.
N.
Any ordinance regulating garbage, rubbish or refuse
or providing for the collection and disposal thereof from or in the
City of Somers Point.
O.
Any ordinance regulating property restrictions in
the City of Somers Point.
P.
Any ordinance relating to civil defense and emergency
management in the City of Somers Point.
Q.
Any ordinance relating to peddling and soliciting
in the City of Somers Point.
R.
Any ordinance relating to or regulating land development
in the City of Somers Point.
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 City 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. There
are additional changes, amendments and revisions which are designated
§ 1-14B(1) through (39), which are incorporated herein by
reference. The entirety of these changes is not included at length
for purposes of brevity and to avoid unnecessary costs of publication.
A copy of Subsection B(1) through (39) is on file in the City Clerk's
office for use and examination of the public pursuant to the provisions
of N.J.S.A. 40:49-4. Said section shall be included with and become
a part of the City's Code upon the adoption of this ordinance.
[Adopted 12-9-2010 by Ord. No. 18-2010]
Any person who shall violate any provision of this Code or other
ordinance of the City of Somers Point, where no specific penalty is
provided regarding the section violated, shall, upon conviction thereof,
be punishable by one or more of the following: a fine not exceeding
$2,000 or imprisonment for a period not exceeding 90 days or a period
of community service not exceeding 90 days, at the discretion of the
Judge of the Municipal Court, provided that if the violation is a
violation of housing or zoning codes, then the owner shall be provided
a thirty-day period in which to cure or abate the condition and shall
also be afforded an opportunity for a hearing before the Court for
an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the Court has not determined otherwise, or, upon
reinspection of the property, it has determined that the abatement
has not been substantially completed.
The Somers Point City Council may prescribe that for the violation
of any particular provision of the Code or of any particular ordinance,
at least a minimum penalty shall be imposed which shall consist of
a fine which may be fixed at an amount not exceeding $100. The court
before which any person is convicted of violating any ordinance or
Code provision shall have power to impose any fine, term of punishment
or period of community service not less than the minimum and not exceeding
the maximum fixed in the Code or in such ordinance.
A.
Any person who is convicted of violating any provision of the Somers
Point Municipal Code or any ordinance within one year of the date
of a previous violation of the same provision of this Code or of the
same ordinance, and who was fined for the previous violation, shall
be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the ordinance or Code provision, but shall
be calculated separately from the fine imposed for the violation of
the ordinance or Code provision.
B.
If the City Council chooses not to impose an additional fine upon
a person for a repeated violation of any municipal ordinance, the
Council may waive the additional fine by ordinance. Otherwise, the
additional fine shall be imposed.
Any person convicted of the violation of any provision of the
Somers Point Municipal Code or any ordinance may, in the discretion
of the court by which such person was convicted, and in default of
the payment of any fine imposed therefor, be imprisoned in the County
jail or place of detention provided by the City, for any term not
exceeding 90 days, or be required to perform community service for
a period not exceeding 90 days. This shall be in addition to the continuing
obligation to make payment of the fine imposed.
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the City of Somers Point exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, and unless otherwise
precluded by the penalty fixed by Code or ordinance, any lesser penalty,
including a nominal penalty or no penalty at all, may be imposed if
deemed appropriate for a particular violation.
