Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-2002 by Ord. No. 2002:45]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Parsippany-Troy Hills of a general and permanent nature adopted by the Township Council of the Township of Parsippany-Troy Hills, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 430, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Parsippany-Troy Hills," 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 supersedes the Revised General Ordinances of the Township of Parsippany-Troy Hills, 1986, adopted 10-28-1986 by Ordinance No. 86:72, as amended, and the Land Use and Development Legislation of the Township of Parsippany-Troy Hills, adopted 2-22-1983 by Ordinance No. 83:17, as amended.

§ 1-3 When effective.

This ordinance shall take effect immediately 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 Township 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 Township of Parsippany-Troy Hills by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, 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 Township of Parsippany-Troy Hills" 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 books containing said Code as amendments and supplements thereto.

§ 1-6 Publication; filing.

The Clerk of the Township of Parsippany-Troy Hills, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. 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 to be set by the Township Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code.

[Amended 12-20-2005 by Ord. No. 2005:31]
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 Township of Parsippany-Troy Hills to be misrepresented thereby.

§ 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:
A. 
Any ordinance adopted subsequent to September 10, 2002.
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 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 Township's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
I. 
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
M. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
N. 
All vehicle and traffic legislation of the Township, including but not limited to Chapter VII, Traffic, of the Revised General Ordinances, 1986, as amended.

§ 1-14 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 Township 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 have been made to Chapter 1, Article II (former Chapter I of Revised General Ordinances, 1986):
(1) 
Section 1-16H is hereby amended to read as follows:
H.
"Chapter" shall mean one of the major divisions of the Code identified by an Arabic numeral.
(2) 
Section 1-16J is hereby amended to read as follows:
J.
"Subsection" shall mean a subdivision of a section.
(3) 
The last paragraph of former Section 1-3 of the 1986 Code, concerning "paragraphs," is hereby deleted.
[Adopted 10-28-1986 by Ord. No. 86:72 as Ch. I of the 1986 Code]

§ 1-15 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:
CHARTER or TOWNSHIP CHARTER
Mayor-Council Plan E of Chapter 210 of New Jersey Laws of 1950, as amended and supplemented.
[1]
CLERK or TOWNSHIP CLERK
The Township Clerk duly appointed pursuant to law.
DEPARTMENT
An organizational unit of the Township government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Township government assigned to such organizational unit by the Township Council.
LICENSED
Licensed in accordance with the appropriate section or chapter of this Code.
MONTH
A calendar month unless otherwise specifically provided.
ORDINANCE
Any act 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 person, partnership, joint venture, society, association, club, trustee, trust, corporation or unincorporated group, 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
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines, and which also includes municipal parking areas used by the general public.
[Amended 12-20-2005 by Ord. No. 2005:32]
TOWNSHIP
The Township of Parsippany-Troy Hills in the County of Morris and State of New Jersey, as governed by the provisions of the Charter.
YEAR
A calendar year unless otherwise specifically provided.
[1]
Editor's Note: See now N.J.S.A. 40:69A-208.1.

§ 1-16 Word usage; construal of provisions.

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.
B. 
The masculine gender includes the feminine and neuter.
C. 
The singular number includes the plural and the plural, the singular.
D. 
"Shall" is mandatory, and "may" is permissive.
E. 
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 be a Sunday, a legal holiday, or a day on which the offices of the Township are closed, that day shall be excluded.
F. 
"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.
G. 
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.
H. 
"Chapter" shall mean one of the major divisions of the Code identified by an Arabic numeral.
[Amended 12-17-2002 by Ord. No. 2002-45]
I. 
"Section" shall mean a major subdivision of a chapter.
J. 
"Subsection" shall mean a subdivision of a section.
[Amended 12-17-2002 by Ord. No. 2002-45[1]]
[1]
Editor's Note: The last paragraph of former Section 1-3, regarding "paragraphs" of the 1986 Code, which previously followed this subsection, was deleted 12-17-2002 by Ord. No. 2002-45.

§ 1-17 Violations and penalties.

A. 
Maximum penalty.
[Amended 12-20-2005 by Ord. No. 2005:31; 12-19-2006 by Ord. No. 2006:26]
(1) 
For violation of any provision of this chapter, any other chapter of this Code, or any ordinance of the Township where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or both, or a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.
(2) 
Whenever a fine is to be imposed in an amount greater than $1,250 for violations of housing or zoning codes the owner shall be provided a thirty-day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the 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 determined that the abatement has not been substantially completed.
B. 
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any ordinance of the Township exists shall constitute a separate violation.
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any less penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
D. 
Minimum penalty. The Township Council may prescribe that for the violation of any particular section of this Code or any particular ordinance of the Township at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100.
E. 
Repeat offender. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance, 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 fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
[Added 12-20-2005 by Ord. No. 2005:31]