[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]
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."
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.
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 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.
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.
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.
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.
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.
[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.
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 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.
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.
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:
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H.
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"Chapter" shall mean one of the major divisions of the Code identified
by an Arabic numeral.
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(2)
Section 1-16J is hereby amended to read as follows:
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J.
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"Subsection" shall mean a subdivision of a section.
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(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]
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:
Mayor-Council Plan E of Chapter 210 of New Jersey Laws of 1950, as
amended and supplemented.
[1]The Township Clerk duly appointed pursuant to law.
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 in accordance with the appropriate section or chapter of
this Code.
A calendar month unless otherwise specifically provided.
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.
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.
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]
The Township of Parsippany-Troy Hills in the County of Morris and
State of New Jersey, as governed by the provisions of the Charter.
A calendar year unless otherwise specifically provided.
[1]
Editor's Note: See now N.J.S.A. 40:69A-208.1.
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.
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]
