[HISTORY: Adopted by the Borough Council of the Borough of Alpine as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II Definitions, Construction and Penalties
[Adopted 4-25-2001 by Ord. No. 586]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Alpine of a general and permanent nature adopted by the Mayor and Council of the Borough of Alpine, as revised, codified and consolidated into chapters and sections by General Code Publishers, Corp., and consisting of Chapters 1 through 220, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Alpine," 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 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 Borough Clerk and shall remain there for use and examination by the public until final actions is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified by the Clerk of the Borough of Alpine 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.
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 Alpine" 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 Borough of Alpine, 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.
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 Mayor and Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Alpine 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 $1,000, 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.
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 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.
All ordinances or parts thereof inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Alpine which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repel 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 December 20, 2000.
Any right or liability established, accrued or incurred under any legislative provisions 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, Borough pursuant to any legislative provision.
Any agreement entered into or 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-away, 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.
The sexual harassment policy of the Borough of Alpine, and any amendments thereto.
Legislation regarding the Length of Service Award Program for the Volunteer Fire Department.
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 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 former entries for "chapter," "section," "subsection" and "paragraph" were deleted from original § 1-3. These changes become effective upon the effective date of this ordinance.
In § 25-5 (formerly known as Section 3-4) entitled "Duties of firemen" delete "five" and insert "six." These changes become effective upon the effective date of this ordinance.
[Adopted as §§ 1-2, 1-3 and 1-5 of the 1970 Revised General Ordinances]
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:
- The Borough of Alpine in the County of Bergen and State of New Jersey.
- BOROUGH COUNCIL or COUNCIL
- The governing body of the Borough constituted and elected pursuant to law.
- CLERK or BOROUGH CLERK
- The municipal clerk duly appointed pursuant to law.
- An organizational unit of the Borough government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough 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.
- Sole owner and any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land and personal property.
- Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; 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.
- PERSONAL PROPERTY
- Goods and chattels, rights and credits, moneys and effects, evidences of debt, chooses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything, except real property as herein defined, which may be the subject of ownership.
- REAL PROPERTY
- Lands, tenements and hereditaments, all rights thereto and interests therein.
- A street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, footpaths and every class of road, square, place or municipal parking field used by the general public.
- TENANT or OCCUPANT
- As it applies to a building or land, shall mean and include any person who occupies the whole or part of such building or land, whether alone or with others.
- A calendar year unless otherwise specifically provided.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.
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.
"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.
[Amended by Ord. No. 515]
Maximum penalty. For violation of any provision of this Code or other ordinance of the Borough of Alpine unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: imprisonment in the county jail or in any place provided by the Borough for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days.
Minimum penalty. The Borough 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 such ordinance.
Additional fine for repeat offenders. Any person who is convicted of violating this Code or an 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. If the Borough Council or Municipal Court chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, in its discretion, the Council or Court does not have to impose the additional fine.
Default of payment of fine. Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the court by which he 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 Borough, 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.
Application. 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, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation. Nonetheless, in addition to the maximum penalty for any parking violation, the Judge of the Municipal Court shall assess a $2 surcharge for the New Jersey Forensic DNA Laboratory Fund; a $1 surcharge for the Autism Medical Research and Treatment Fund; a $1 surcharge for the Brain Injury Research Fund; a $1 surcharge for the Body-Armor Fund and a $1 surcharge for the Christopher Reeve Spinal Cord Research Fund.
[Amended 6-23-2004 by Ord. No. 683]