[HISTORY: Adopted by the City Council of
the City of Hackensack as indicated in article histories. Amendments
noted where applicable.]
[Adopted4-15-1974 by Ord. No. 1-74]
[Amended 8-8-2006 by Ord. No. 27-2006]
A.Â
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Hackensack of a general and permanent nature, adopted by the City Council of the City of Hackensack, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 177, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Hackensack," hereinafter known and referred to as the "Code."
B.Â
The ordinances contained in said Code are hereby continued
in full force and effect, and reaffirmed as to their adoption by the
governing body of the City of Hackensack, with such amendments as
are hereinafter set forth, and it is the intention of the City Council
of the City of Hackensack that each and every provision contained
within the Code is hereby reenacted and reconfirmed as it appears
in said Code.
C.Â
On the Friday preceding each regular meeting of the
Council, the Clerk shall prepare, with the approval of the City Manager,
the agenda for the ensuing meeting. Such agenda shall include all
matters proposed by any member of the Council not later than the preceding
work session and such other matters required by the standing order
of business. The agenda shall include a consent agenda. The consent
agenda shall include all resolutions deemed to be routine or procedural
in nature and/or resolutions pertaining to related subjects. Those
matters included within the consent agenda shall be enacted by one
resolution at the Council meeting. Any member of the Council may cause
any matter contained within the consent agenda to be removed therefrom
and acted upon separately by giving notice to the City Clerk or to
the Council prior to formal action on the consent agenda. When a request
is made to remove a matter from the consent agenda, that matter shall
not be considered as part of the consent agenda and shall be acted
upon separately at the same meeting of the Council.
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.
All provisions of this ordinance and the Code
shall be in full force and effect on and after final adoption.
A copy of this Code in loose-leaf form has been
filed in the office of the City Clerk and shall remain there for the
use of 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 City Council of the City of Hackensack
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 City
Clerk of the City of Hackensack, to be made available to persons desiring
to examine the same during all times while the 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 Hackensack" 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 the said Code, as amendments and supplements
thereto.
The City Clerk of the City of Hackensack, 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 city. Sufficient copies of the Code shall be maintained in the
office of City 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 City Clerk, or someone
authorized and directed by him, 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 City Clerk upon the payment of a fee to
be set by resolution of the City 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 City of Hackensack to be misrepresented
thereby. Anyone violating this section of the ordinance shall be subject,
upon conviction, to a fine of not more than $500 or imprisonment for
not more than 90 days, or both, 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 section or part 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 section or part 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
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.Â
Any ordinance adopted subsequent to August 20, 1973
(Ordinance No. 1052).
B.Â
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.Â
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.Â
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.Â
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.Â
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G.Â
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 city's indebtedness.
H.Â
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I.Â
The levy or imposition of taxes, assessments or charges.
J.Â
The dedication of property or approval of preliminary
or final subdivision plats.
K.Â
Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees; establishing
workdays and working hours of certain employees; and providing for
holidays and vacations for employees and the keeping of employment
records.
L.Â
Any ordinances making any change or revision in the
Zoning Map.
M.Â
Any ordinance regulating traffic or parking.
N.Â
Any ordinance establishing building lines on certain
city streets.
O.Â
An ordinance adopted December 17, 1956, as Ordinance
No. 637, as amended, pertaining to the establishment, organization
and regulation of the Fire Department.
A.Â
CITY OR MUNICIPALITY
GOVERNING BODY
PERSON
As used in the Code adopted by this ordinance, the
following terms shall have the meanings indicated unless the context
clearly indicates another meaning:
The City of Hackensack, County of Bergen, State of New Jersey.
The City Council of the City of Hackensack.
Any firm, association, club or other organized group, partnership,
corporation, governmental agency or entity capable of being sued,
as well as a natural person, unless the context clearly indicates
otherwise.
B.Â
In this Code and in other ordinances of the city,
whenever any conflict or inconsistency exists as to the definition
of a word or term and the definition of such word or term is contained
in the Zoning Ordinance of the City of Hackensack, such definition
as so contained in said Zoning Ordinance shall be deemed as controlling.
C.Â
In this Code and in other ordinances of the city,
the usage of various words and phrases shall be interpreted as follows:
(1)Â
A word importing the masculine gender only shall also
include and mean the feminine and neuter unless the context clearly
indicates otherwise.
(2)Â
A word importing the singular number only shall also
include and mean the plural unless the context indicates otherwise.
(3)Â
The word "shall" is mandatory and the word "may" is
permissive unless the context clearly indicates otherwise.
D.Â
In interpreting and applying the provisions of this
Code, they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where the provisions of this Code impose greater restrictions or requirements
than those of any statute, other ordinance or regulation, the provisions
of this Code shall control. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions or requirements,
the provisions of such statute, other ordinance or regulation shall
be controlling.
E.Â
Where the administration and enforcement of an ordinance
or regulation is the joint responsibility of two or more departments
of city government, a license or permit issued by one such department
shall be interpreted as granting the right of inspection to all departments
involved.
F.Â
In the event of the enactment of a federal law requiring
a change in the weights and measures system from the United States
customary weights and measures system (feet, gallons, pounds, etc.)
to the international metric system (meters, liters, grams, etc.),
any use, in this Code, of units from the United States customary weights
and measures system shall be interpreted in terms of the closest equivalent
unit under the international metric system.
A.Â
Unless a specific penalty is provided elsewhere in
this Code or in other ordinances of the City for a particular violation,
any person, firm or corporation who shall violate any provision of
the Code or any provision of any code or other regulation adopted
by reference by this Code, by doing any act prohibited or declared
to be unlawful thereby or declared to be a violation thereby or who
shall engage in or exercise any business or occupation or do anything
for which a license or permit is required thereby without having a
valid license or permit therefor as required or who shall fail to
do any act required by any such provision or who shall fail to do
any act when such provision declares such failure to be unlawful or
to be a violation shall, upon conviction therefor, be subject to punishment
by a fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days, or, in the alternative, community service for a period not
exceeding 90 days or, in the discretion of the court, by both such
fine and such imprisonment or alternative community service.
[Amended 5-16-1988 by Ord. No. 11-88; 10-20-1997 by Ord. No.
23-97; 5-4-2010 by Ord. No. 11-2010]
B.Â
The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
[Amended 6-20-2006 by Ord. No. 21-2006]
C.Â
The City of Hackensack deems it necessary to impose
a fine against any property owner for violations of housing or zoning
codes. The City of Hackensack shall provide a thirty-day period in
which the property owner shall be afforded the opportunity to cure
or abate the condition and shall also be afforded an opportunity for
a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine in the amount of $2,000 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed in accordance with N.J.S.A. 40:69A-29.
[Added 6-20-2006 by Ord. No. 21-2006]
D.Â
If any section, subsection, paragraph, sentence or
any other part of this ordinance is adjudged unconstitutional or invalid,
such judgment shall not affect, impair or invalidate the remainder
of this ordinance.
[Added 6-20-2006 by Ord. No. 21-2006]
E.Â
All ordinances or parts of ordinances which are inconsistent
with the provisions of this ordinance are hereby repealed to the extent
of such inconsistency.
[Added 6-20-2006 by Ord. No. 21-2006]
F.Â
This article shall become effective immediately upon
its final passage and publication as required by law.
[Added 6-20-2006 by Ord. No. 21-2006]
A.Â
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.
B.Â
In addition, the following changes, amendments or
revisions 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,
dates and references in brackets indicate the original source.)[1]
(1)Â
Unless substantially different provisions are contained therein, all sections of city ordinances pertaining to violations and penalties have been deleted or revised to refer to the standardized penalty section appearing as § 1-15 of this ordinance.
(2)Â
In accordance with the revision of the statutory provisions
concerning local municipal courts, the terms "Magistrate" or "Municipal
Magistrate" or other similar title is changed to "Judge" or "Judge
of the Municipal Court" wherever they may appear in the Code of the
City of Hackensack.
(3)Â
Certain changes in terminology and nomenclature have
been made generally in this Code as follows:
(a)Â
"Hackensack Improvement Commission" has been
changed to "City Council," but, where applicable, chapter histories
retain an indication of the original adopting body.
(b)Â
"Board of Health" has been changed to Health
Department"; "Building Department" has been changed to "Building,
Housing and Land Use Department."
(c)Â
Except where inapplicable, "governing body"
has been changed to "City Council."
(d)Â
In instances where the Chief of a Department
was designated for administrative or enforcement purposes, the phrase
"...or other representative of the Department" has been included,
or, where applicable, the designation has been changed to refer to
the Department itself.
(4)Â
In general throughout the Code, provisions as to salaries
and compensation for a particular officer or employee of the city
have been revised to refer to the annual Salary Ordinance.
(5)Â
In most chapters which contained provisions as to licenses or permits, revisions have been made to refer to the new licensing ordinance (Chapter 107, Licenses and Permits) with respect to one or more subjects enumerated below. Said Chapter 107, Licenses and Permits, contains standardized provisions on such subjects, with the exception of fees, which are set forth in schedule form.
(a)Â
General licensing requirements.
(b)Â
Contents of application.
(c)Â
Approval procedures.
(d)Â
Issuance of permit or license; conditions.
(e)Â
Fees.
(f)Â
Renewals; transferals; changes in data.
(g)Â
Posting and display of license or permit and
other such regulations.
(h)Â
Denials, revocations and suspensions.
(6)Â
Where references were made in various chapters to
other ordinances of the City of Hackensack or to chapters in the 1959
Revised Ordinances, these references have been changed to indicate
the placement of such ordinance or chapter, or its current successor,
in the 1959 Revised Ordinances, in this Code.
[1]
Editor's Note: The following is a list of the sections changed, amended or revised. These changes appeared as § 1-16B(7) through (57) of this ordinance. A complete description of the changes is on file in the office of the City Clerk and available for examination during regular office hours. §§ 3-1, 3-9, 6-3A, 9-1, 9-2A, 14-9B, 14-13, 23-1, 23-2B, 23-4B, 23-5, 30-10C and D, 32-2, 32-6, 32-7, 45-3A, 49-1--49-11, 51-2, 51-3A, 51-4, 51-5, 51-9, 51-14, 51-15, 52-1, 52-2B, 52.3, 52-5, 52-6, 52-8A, 52-9, 52-15D and E, 52-18, 52-19A and B, 52-20, 52-28, 54-4, 54-5, 54-8A and C, 56-4, 56-5, 56-6A, 56-8, 56-9, 58-1, 58-2, 58-3, 58-5, 58-8, 60-1, 63-2A, 63-4, 63-10, 66-2, 66-4--66.9, 66-14, 66-15, 66-16A, 66-17A and B, 66-19, 66-20, 66-21, 66-22A and C, 68-2, 68-3, 70-1, 70-4C and F, 70-5B(2) and (5) and E(1), 70-6E(1), G(1) and H(2) and (3), 70-7A(1), 70-8B, 70-9B, 70-11B, 70-13B, 74-2A, 74-3H, 74-6D, 74-9B and C, 74-10C, 74-11, 78-1, 78-2A and C, 78-4A, 78-6, 78-24, 81-1B and C, 81-4, 81-6A, 81-7B, 81-8C, 81-12A(1) and (2), 88-1, 88-3B(8), (15) (a) and (28), 88-5B, 88-6A and C, 90-1--90-5, 90-20, 90-21, 90-22C, 90-23A and B, 90-24, 90-29, 90-40, 93-1, 94-4, 94-5A, 94-7, 97-2A, 97-3C, 100-1, 104-1, 104-3, 104-10, 117.1--117-6, 119-11--119-16, 121-4A(5), 121-5, 121-6, 121-7B, 121-12, 121-13, 123-1, 123-2, 123-3, 123-4, 123-6-123-9, 12311B, 123-13, 123-14, 125-3, 125-4, 125-6A and C, 132-2, 132-3A, 132-4, 132-6A and B, 132-9A, 132-10B, 132-11, 134-11, 138-2, 138-4, 138-6, 138-7A and D, 138-8B, C and H, 140-1-140-9, 141-4A, 141-8, 141-10, 141-11, 145-1, 145-2A and B(2) and (3), 145-3, 145-4, 146-2, 146-3, 146-4, 146-5, 146-6, 148-24B, 148-33, 148-44D, 148-50, 148-60C, 148-62-148-64, 150-6, 150-7, 150-11B, 150-12-150-15, 150-20, 150-21A, 150-23, 150-24, 150-26A, 150-29A, 150-30, 150-31A and B, 150-40A, 152-3B and C, 155-1, 155-2, 155-3A, 155-5, 155-7A, 155-8B and C, 155-9, 158-3A, 158-5A, 158-9, 160-4, 160-10, 162-1A and B, 165-2, 165-3A, 168-3A and B, 168-8A, 175-3, 175-17, 175-18I, 175-22, 175-30A, 175-47A and 175-48A.
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[During the process of codification, certain complete new ordinances were adopted by the City Council for inclusion in the Code of the City of Hackensack. Such new ordinances are noted in the histories of individual chapters as "Adopted...... during codification; see Ch. 1, General Provisions, Article II." During the course of normal supplementation, specific dates of adoption will be inserted in the histories of these various chapters.]
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The enumeration appearing below lists each chapter
or article in the Code comprising such new ordinances, along with
its date of adoption.
