[HISTORY: Adopted by the Mayor and Council of the Township of Clinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-25-2003 by Ord. No. 837-04]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Clinton of a general and permanent nature adopted by the Township Council of the Township of Clinton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 272, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Clinton," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1999 Code of the Township
of Clinton 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 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
Clinton 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 Clinton" 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 Township of Clinton, 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.
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
Clinton 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 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 which are inconsistent with any provisions of any ordinance
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 October 22, 2003.
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.
In compiling and preparing the ordinances and the chapters of the 1999
Revised General Ordinances of the Township of Clinton 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.
Derived from Secs. 1-2, 1-3 and 1-5 of the 1999 Code of the Township
of Clinton]
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 definitions shall be used in the Code:
Small Municipality Plan C of the Optional Municipal Charter Law,
Chapter 210 of New Jersey Laws of 1950, as amended and supplemented, N.J.S.A.
40:69A-139 through 40:69A-143, and any and all general laws as therein defined
which are or may be applicable to the Township.[1]
The Township Administrator.
The Chief Financial Officer appointed in accordance with Section
5, P.L. 1988, c. 110, (N.J.S.A. 40A:9-140.10). The Chief Financial Officer
shall also be the Director of Finance/Treasurer.
The Municipal Clerk duly appointed pursuant to law.
The Construction Code Official of the Township of Clinton pursuant
to the Uniform Construction Code of the State of New Jersey in accordance
with N.J.A.C. 5-23.
The County of Hunterdon.
The calendar days.
An organizational unit of the government established or designated
by ordinance or otherwise, together with any agency or instrumentality of
the government assigned to such organizational unit by the Township Council.
See Chief Municipal Finance Officer.
An organizational unit established within a department.
Any compensated individual, part-time or full-time, other than an
officer or official.
The Hunterdon County Department of Health and any agent thereof.
Licensed in accordance with the appropriate section or chapter of
this Code.
To file, codify, index or preserve.
A calendar month unless otherwise specifically provided.
Any person elected to, appointed to or employed in any position defined
by this chapter.
Includes an affirmation where an affirmation may be substituted for
an oath. In such cases the words "swear" and "sworn" shall be construed to
be equivalent to the words "affirm" and "affirmed."
See "tenant.”
Same as "division."
Any individual whether compensated or not, whether part-time or full-time,
who is elected to any office of the Township of Clinton; the chief administrative
officer; appointed to any Township agency which has the authority to enact
ordinances, approve development applications, or grant zoning variances; a
member of a board, committee, or commission; appointed to a position specifically
provided for by law; or, the director or head of a department, division or
office, duly created by Township ordinance. The title of an officer or official
shall be construed as if the words of the Township of Clinton followed it.
Any act of local legislation heretofore or hereafter adopted, and
including this Code, so long as it is adopted by the procedure required for
the adoption of an ordinance and so long as it remains in force and effect
pursuant to law.
When applied to a building or land shall include any part owner,
any corporation, joint owner, tenant in common, tenant in partnership, joint
tenant or tenant by the entirety, of the whole or of a part of such building
or land.
Any individual, natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, corporations or unincorporated groups;
or any officers, agents, employees, servants, factors of any kind or personal
representatives of any kind thereof in any capacity, acting either for himself/herself
or for any other person, under either personal appointment or pursuant to
law.
Next before and next after, respectively.
Real and personal property.
Any and every public ground, public square, public park or other
public place within the Township.
Any portion of a street between the curbline and the adjacent property
line, intended for the use of pedestrians.
Includes an avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert, sidewalk and crosswalk, and every class of road, square,
place or municipal parking field used by the general public. "Street" shall
be considered to include a sidewalk or footpath, unless the contrary is expressed
or unless such construction is inconsistent with the apparent intent.
Applied to a building or land, shall include any person who occupies
the whole or part of such building or land, whether alone or with others.
The Township of Clinton in the County of Hunterdon, State of New
Jersey.
The governing body of the Township, constituted and elected pursuant
to law.
Seven days.
A calendar year unless otherwise specifically provided.
The individual in charge of the enforcement of land use ordinances,
and shall have all of the powers and duties of the "Administrative Officer"
as defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law.
[1]
Editor's Note: N.J.S.A. 40:69A-139 through 40:69A-143 repealed by
L. 1981, c. 465. See now N.J.S.A. 40:69A-115 through 40:69A-119. Section 20
of the Laws of 1981, Chapter 465, provided that municipalities which adopted
the Mayor-Council Plan prior to January 9, 1982, may continue to be governed
by that plan.
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
and also firms, bodies corporate, associations and other artificial persons,
where appropriate.
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 or a legal holiday, or a day on which the offices of the Township
are closed, that day shall be excluded.
F.
Week shall mean seven calendar days.
G.
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.
H.
"And" may be construed as meaning "or," and "or" as "and," if
the sense requires and indicates such meaning.
I.
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.
J.
Any citation of a statute, law or ordinance contained in this
Code shall be deemed to refer to such statute, law or ordinance as amended,
whether or not such designation is included in the citation.
A.
Maximum penalty. Any person who shall violate any provision
of this Code or other ordinance of the Township, where no specific penalty
is provided regarding the section violated, shall, upon conviction thereof,
be punishable by one or more of the following: a fine not exceeding $1,250
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. (N.J.S.A. 40:49-5)
[Amended 3-27-2002 by Ord.
No. 770-02]
B.
Minimum penalty. The Township 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.
C.
Additional fine for repeat offenders.
(1)
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.
(2)
If the Township Council chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance, the
Township Council may waive the additional fine by ordinance or resolution.
D.
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 Township for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
E.
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 Township exists shall constitute a separate violation.
F.
Discretion of Judge in imposing penalty. 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.
