Borough of Seaside Park, NJ General Provisions

[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 5-2-2013 by Ord. No. 1615]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Seaside Park of a general and permanent nature adopted by the Mayor and Borough Council of the Borough of Seaside Park, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 458, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Seaside Park," hereinafter known and referred to as the "Code."

§ 1-2 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. This ordinance specifically repeals the 1970 Code of the Borough of Seaside Park, adopted 12-10-1970 by Ord. No. 674.

§ 1-3 When effective.

This ordinance shall take effect as of the 15th day of May 2013 upon passage and publication according to law.

§ 1-4 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 Seaside Park 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 the same during all times while said Code is in effect.

§ 1-5 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 Seaside Park" 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.

§ 1-6 Publication; filing.

The Clerk of the Borough of Seaside Park, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, 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 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.

§ 1-7 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 his or her 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.

§ 1-8 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Borough. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Seaside Park to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.

§ 1-10 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.

§ 1-11 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.

§ 1-12 Repealer.

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.

§ 1-13 Ordinances 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:

Any ordinance adopted subsequent to 9-27-2012.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-14 Changes in previously adopted ordinances.

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 Borough 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.

In addition, the changes, amendments or revisions as set forth in Schedule A[1] attached hereto and made a part hereof 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]

Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 5-2-2013 by Ord. No. 1615." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.

Nomenclature. The following titles are updated as follows:

(1)

Throughout the Code, "State Department of Health" is changed to "State Department of Health and Senior Services."

(2)

Throughout the Code, "Magistrate" is changed to "Municipal Court Judge."

(3)

In Chapter 450, Water and Sewers, "Borough Superintendent" is changed to "Public Works Supervisor."

Article II General Penalty

[Adopted 12-20-2001 by Ord. No. 1291 (Ch. 81 of the 1970 Borough Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 1-15 Violations and penalties.

The following penalty provisions apply to ordinances enacted by the Borough Council:

Maximum penalty. For violation of any provisions of this chapter, any other chapter of this Code or any other ordinance of the Borough, unless another penalty is included within the chapter, article or ordinance, the maximum penalty, upon conviction, shall be one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.

Violations and penalties for vehicles and traffic. Unless another penalty is expressly provided by New Jersey Statute or in this Code, any person who shall violate any section or part of Chapter 435, Vehicles and Traffic, of the Code of the Borough of Seaside Park shall, upon conviction, be subject to one or more of the following: a fine not less than $45 nor exceeding $2,000; or imprisonment for a period not exceeding 90 days; or to a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court.

A minimum penalty not exceeding $100 shall apply for any and all violations of any section of the Code of the Borough of Seaside Park unless otherwise specified.

The court 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 upon any person convicted of violating any section of the within Code or ordinances of the Borough of Seaside Park.

Any person convicted of violating an ordinance and/or a section of this Code within one year of the date of a previous violation of the same ordinance and/or a section of this Code, and who was 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 repeated offense shall not be less than the minimum or exceed the maximum fine established in this section, but shall be calculated separately from the fine imposed for the violation of the ordinance and/or section of this Code.

The Borough of Seaside Park may waive the additional fine by ordinance or resolution for a repeated violation of any ordinance and/or section of the Code. Any person convicted of the violation of any ordinance and/or section of the Code, in the discretion of the court and in default of the payment of any fine imposed therefor, shall be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.

Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation.

The maximum penalty stated in this section is not intended to be an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.

Legal and equitable relief. In addition to the above penalties, the Seaside Park Beach Patrol, Beach Control, Code Enforcement Officer(s), Police Department or other duly authorized officers or employees are hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any conditions of this Code or ordinance of the Borough.