Borough of Emerson, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-18-2003 by Ord. No. 1218]
Pursuant to N.J.S.A. 40:49-4, the various chapters and articles of the 1966 Code of the Borough of Emerson and the other ordinances of the Borough of Emerson of a general and permanent nature adopted by the Mayor and Council of the Borough of Emerson, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 290, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Emerson," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1966 Code of the Borough of Emerson and 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 action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Emerson 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 Emerson" 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 Emerson, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance 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 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 book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by resolution of the Mayor and Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
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 Emerson 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 $1,250, 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 are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter 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 July 16, 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 Borough's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
I. 
The levy or imposition of taxes, assessments or charges.
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. 
The subdivision regulations of the Borough (adopted March 16, 1954, as Ord. No. 341) and all subsequent amendments thereto.
M. 
Any ordinance regulating vehicles and traffic in the Borough of Emerson.
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 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.
B. 
In addition, the changes, amendments or revisions as set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-14B, the chapters, and sections which were amended, added, deleted or adopted by this ordinance are indicated 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) 2-18-2003 by Ord. No. 1218." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
[Adopted 5-5-2009 by Ord. No. 1373]
[Amended 8-16-2011 by Ord. No. 1431[1]; 6-18-2013 by Ord. No. 1460; 2-18-2014 by Ord. No. 1472]
There is hereby established a Schedule of Minimum Fines for violations of various sections of the Code of The Borough of Emerson as set forth below:
Violation
Code Section
Minimum Fine
Tall weeds and grass
PM 302.4[2]
$75
Snow
§ 240-2A
First offense
$100
Second offense
$250
Rental certificate of occupancy
$150
Sandwich board or temporary sign
§ 232-2S
$100
Improper parking, front lawn
$100
Litter on private property
§§ 184-17 and 184-18
$150
Business owners, sidewalk litter
§ 184-5
First offense
$100
Second offense
$250
Collection regulations
§ 246-6A and B
$100
Commercial sidewalk maintenance
$150
Dumpster containers observable
$75
Municipal Building Main Lot
§ 274-31
First offense
$100
Second offense
$150
Municipal Building Municipal 131 Lot
§ 274-32
First offense
$100
Second offense
$150
Senior Citizen Lot no permit
§ 274-33
First offense
$100
Second offense
$150
Kenneth St. Lot permit
§ 274-34
First offense
$100
Second offense
$150
Library Lot reserved spaces
§ 180-9
First offense
$100
Second offense
$150
Four-ton weight limit, Main Street, Linwood Avenue and Park Avenue
§ 274-14
First offense
$100
Second offense
$150
Dog license, late renewal
§ 140-9C
First offense
$60
Second offense
$150
Cat license, late renewal
First offense
$60
Second offense
$150
Commuter parking
Parking in designated paid reserved spaces along west side of Emerson Plaza East without parking tag
First offense
$100
Second offense
$150
Use of reserved commuter parking tag by unauthorized motor vehicle
First offense
$100
Second offense
$150
[1]
Editor’s Note: This ordinance provided that it amended the schedule to increase the traffic violation fees regarding nonresident parking without a bona fide resident decal in the designated municipal parking areas and regarding the four-ton weight limit on Main Street, Linwood Avenue and Park Avenue.
[2]
Editor's Note: See Ch. 216, Property Maintenance, Art. III, International Property Maintenance Code, § 216-30, Revised sections.