[Adopted 12-20-2011 by Ord. No. 2011-13]
As used in Article
I of Chapter
21 of the Hampton Township Code:
BUSINESS ENTITY
One whose contributions are regulated by Chapter
21 of the Hampton Township Code and who or which is:
A.
A natural person, including his/her spouse and any child/children
residing with that person;
B.
A firm, corporation, professional corporation, partnership,
limited partnership, limited liability company, organization, association
and other legal commercial entity organized under the laws of any
state or foreign jurisdiction;
C.
Any person or entity owning 10% or more of the equity, ownership or income interests in an entity identified in Subsection
B of this definition and, if a person, that person's spouse and child/children residing with that person;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children residing with those partners
or officers; and
E.
All persons who are an "affiliate" of a business entity as defined in Subsections
A and
B of this definition as such term is used in 11 U.S.C. § 101(2).
CONTRIBUTION
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way
of illustration, and not limitation, this definition includes pledges,
loans and in-kind contributions.
No contribution or solicitation of contributions made before the effective date of Chapter
21, Article
I, of the Hampton Township Code shall be deemed to give rise to a violation of Chapter
21, Article
I, or its subsections.
No contract subject to Chapter
21, Article
I, of the Hampton Township Code may be renewed, extended or materially modified unless the resulting renewal, extension or modification would be allowable under the provisions of this Chapter
21, Article
I, if it were an initial contract.
A business entity that is a party to a contract subject to this article of the Hampton Township Code may cure a violation of Chapter
21, Article
I, or its subsections by, within 30 days after the date on which the applicable Election Law Enforcement Commission (ELEC) report is published, notifying the Hampton Township Clerk of the violation in writing and submitting proof to the Hampton Township Clerk of reimbursement of the objectionable contribution(s) from the recipient(s) of such contribution(s).
Chapter
21, Article
I, of the Hampton Township Code shall only apply to a contract having an anticipated value greater than $17,500 or such threshold set forth in N.J.S.A. 19:44A-20.5, as may be amended. Chapter
21, Article
I, of the Hampton Township Code shall not apply to contracts which:
A. Are awarded to the lowest responsible bidder after public advertising
for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4;
or
B. Are awarded in the case of emergency under N.J.S.A. 40A:11-6 or are
awarded pursuant to a fair and open process as defined in N.J.S.A.
19:44A-20.7.
If any provision of Chapter
21, Article
I, of the Hampton Township Code, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of Chapter
21, Article
I, to the extent it can be given effect or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of Chapter
21, Article
I, are severable. If any provision of Chapter
21, Article
I, conflicts with the N.J.S.A. 19:44A-1 et seq., the stricter provision shall prevail.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this article are hereby repealed to the extent
of such inconsistencies.
This article shall become effective upon the final adoption
hereof by the Township Committee of the Township of Hampton and shall
be published as required by law.