[Adopted 2-2-2005 by Ord. No. O-2004-00022]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the County of Essex of a general and permanent nature adopted by the Board of County Commissioners of the County of Essex, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 150, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the County of Essex," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
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 in loose-leaf form has been
filed in the office of the Clerk of the Essex County Board of County
Commissioners 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 Essex County Board of County Commissioners by impressing
thereon the Seal of the County, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the Essex
County Board of County Commissioners, 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 County of Essex" 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 Essex County Board of County
Commissioners, pursuant to law, shall publish this Adopting Ordinance,
in the manner required, in a newspaper of general circulation in the
County. Sufficient copies of the Code shall be maintained in the office
of the Clerk of the Essex County Board of County Commissioners 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. Copies of the Code
shall further be sent to every municipality in the County of Essex
for review by all officials and citizens thereof and further to the
main public library in each municipality in the County.
It shall be the duty of the Clerk of the Essex
County Board of County Commissioners or someone authorized and directed
by the Clerk of the Essex County Board of County Commissioners 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 of the Essex County Board of
County Commissioners, or an authorized agent of the Clerk of the Essex
County Board of County Commissioners, upon the payment of a fee to
be set by the Board of County Commissioners. The Clerk of the Essex
County Board of County Commissioners 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 County of Essex 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 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 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 County of Essex 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 repeal of ordinances provided for in § 1-13 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 December 15, 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 County'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 County 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 County employees.
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 Essex County
Board of County Commissioners 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. Throughout the Code, gender-neutral
language has been used.
