[HISTORY: Adopted by the City Council of
the City of Garfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-22-2008 by Ord. No. 2519]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Garfield of a general and permanent nature adopted by the City Council of the City of Garfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 341, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Garfield," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1979 Code and
all 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 has been filed in the office of the City
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 City of Garfield by impressing thereon the Seal of the City, as
provided by law, and such certified copy shall remain on file in the
office of the Clerk of the City, 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
City of Garfield" 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 incorporated
into the official copy of the Code as amendments and supplements thereto.
The Clerk of the City of Garfield, pursuant to law, shall cause
this Adopting Ordinance to be published, in the manner required, in
a newspaper of general circulation in the City. 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
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 prepared
as supplements to said Code, 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 City 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 City of Garfield 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 $2,000 or 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
which are inconsistent with any provision in the Code are hereby repealed
to the extent of such inconsistency as of the effective date of this
Adopting Ordinance. The following chapters of the 1979 Code are specifically
repealed:
|
1
|
General Provisions
|
|
21
|
Ethics, Code of
|
|
44
|
Local Assistance Board
|
|
49
|
Officers and Employees
|
|
Art. VIII Secretary-Clerks
| |
|
Art. X Foreman in Water Department
| |
|
Art. XI Maintenance Repairman Foreman in Department of Public
Works
| |
|
Art. XVI Assistant Water Plant Superintendent
| |
|
57
|
Police Department
|
|
Art. IV Police Conduct
| |
|
Art. V Political Activity
| |
|
93
|
Billboards
|
|
98
|
Brush, Grass and Weeds
|
|
102
|
Buildings, Unfit
|
|
134
|
Gasoline Service Stations
|
|
163
|
Licensed Occupation
|
|
Art. I Auctioneers, Peddlers, etc
| |
|
168
|
Loitering
|
|
170
|
Markets
|
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 7-27-2004.
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 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 City'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 legislation relating to or establishing a pension plan or pension
fund for municipal employees.
N.
All legislation relating to parking and vehicles and traffic.
Violations of ordinances included in the Code for which another
penalty is not provided shall be punishable by one or more of the
following: a fine not exceeding $2,000; imprisonment for a term not
exceeding 90 days; and/or a period of community service not exceeding
90 days, for each violation thereof.
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 City 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.
C.
Throughout the Code, statutory references have been updated or revised
to the current citation. Consolidated (N.J.S.A.) references have been
added to unconsolidated (P.L.) where appropriate.
D.
The following penalty sections have been amended or added to provide that violations shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days: §§ 35-17, 64-4, 69-12, 73-22, 73-27, 73-29, 77-9, 77-15, 77-18, 80-18, 80-34, 94-14, 102-4, 105-10, 109-13, 125-3, 131-12, 134-5, 146-8, 150-14, 164-2, 172-6, 176-9A, 181-7, 185-5, 191-11, 198-14, 201-22, 210-20, 213-3, 216-8, 220-35A and B, 220-38D, 226-3, 226-17, 226-21, 230-6, 233-11, 233-16, 237-16, 246-9, 249-14, 256-3, 260-9, 265-30, 268-10, 272-3, 280-4, 287-6, 287-11, 287-13, 287-26, 287-35, 290-20A, 294-10, 301-18, 305-12, 314-3, 318-3, 329-22, 341-62A.
E.
In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-15E, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicted throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-22-2008 by Ord. No. 2519." Schedule A, which contains a complete description of all changes, is on file in the City offices.
[Adopted 4-25-2006 by Ord. No. 2457]
[Amended 5-24-2022 by Ord. No. 2936]
A.
For violation of any of the provisions of this chapter, any other
chapter of this Code or any other ordinances of the City of Garfield,
where no specific penalties are otherwise provided regarding the section
violated, the maximum penalty, upon conviction, shall be a fine not
to exceed $2,000 or imprisonment for a term not exceeding 90 days
or by a period of community service not exceeding 90 days. All individual
penalty provisions set forth in the Code of the City of Garfield are
deemed amended accordingly.
B.
The municipality imposes a service charge to be added to any account
owing to the municipality, if payment tendered on the account was
returned for insufficient funds.
(1)
The service charge for insufficient funds shall be $20 per check,
electronic transfer, or any other written instrument that resulted
in the notice of insufficient funds;
(2)
Whenever an account owing to a municipality is for a tax or special
assessment, the service charge authorized by this section shall be
included on whatever list of delinquent accounts is prepared for the
enforcement of a lien; and
(3)
For repeat offenders, the governing body may require future payments
to be tendered in cash or by certified or cashier's check.
Notwithstanding the increase in maximum penalty as set forth in § 1-16 above, for violations of housing or zoning codes, a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition shall be provided, and the owner shall also be provided an opportunity for a hearing before the Court concerning the violation. This thirty-day period to cure or abate the violation shall be provided prior to the imposition of a fine which exceeds $1,250. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the Court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Except as otherwise provided, each and every
day in which a violation of any provision of the Code of the City
of Garfield or any other ordinance of the City exists shall constitute
a separate violation.
The maximum penalty stated in this article is
not intended to state or mandate an appropriate penalty for each and
every violation. The exact penalty to be imposed shall be established
within the sound discretion of the Court or other municipal agency.
A.
All ordinances of the City of Garfield which are inconsistent
with the provisions of this article, are hereby repealed to the extent
of such inconsistency.
B.
If any section, subsection, sentence, clause or phrase
of this article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining portions of this article.
C.
This article shall take effect immediately upon final
passage, approval and publication as required by law.
