Borough of Ramsey, NJ
Bergen County
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Table of Contents
Table of Contents
[N.J.S.A. 40:49-1. "Ordinance" and "resolution" defined. The term "ordinance" when used in this Code shall mean and include any act or regulation of the governing body of any municipality required to be reduced to writing and read at more than one meeting thereof and published. The term "resolution" when used in this Code shall mean and include any act or regulation of the governing body of any municipality required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.]
[Ord. No. 1268 § 5]
This book shall be known and may be cited as the "Revised General Ordinances of the Borough of Ramsey, 1997," and is herein referred to as the "Revision" or the "Code."
[1972 Code § 1.001; Ord. No. 1268 § 5]
For the purpose of this revision, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the definitions contained in this section shall apply:
BOROUGH
The Borough of Ramsey in the County of Bergen and, State of New Jersey.
BOROUGH COUNCIL
The Mayor and Council of the Borough of Ramsey, who may also be referred to as the governing body or the Council.
CLERK or BOROUGH CLERK
The Municipal Clerk duly appointed pursuant to law.
DEPARTMENT
An organizational unit of the Borough government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
LICENSED
Licensed in accordance with the appropriate section or chapter of this revision.
MONTH
A calendar month unless otherwise specifically provided.
NEW JERSEY STATUTES ANNOTATED (N.J.S.A.)
The official statute law of the State of New Jersey, as amended and supplemented.
OATH
Shall be construed to include 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."
OFFICER or OFFICIAL
And the title of an officer or official shall be construed as if the words "of the Borough of Ramsey" followed it.
ORDINANCE
Any act of local legislation heretofore or hereafter adopted, and including this Revision, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
OWNER
Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.
PERSON
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
PRECEDING and FOLLOWING
Next before and next after, respectively.
PROPERTY
Real and personal property.
PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
Shall severally be construed to mean any and every public ground, public square, public parks, other public place or bodies of water within the Borough.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
SIDEWALK
Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
STREET
Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
TENANT or OCCUPANT
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.
WEEK
Seven days.
YEAR
A calendar year unless otherwise specifically provided.
[1972 Code § 1.005; Ord. No. 1268 § 5]
For the purpose of this Revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The feminine gender includes the masculine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
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 Saturday, Sunday or a legal holiday, that day shall be excluded.
"Writing and written" includes printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
Any citation of a Statute, law or ordinance contained in this revision shall be deemed to refer to such Statute, law or ordinance as amended, whether or not such designation is included in this citation.
"Chapter" shall mean one of the major divisions of the Revision, identified by a Roman numeral,[1] and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.
Whenever a specific time is used in this revision, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
[1]
Editor's Note: In the 2009 republication of this Code, the Roman numerals used to designate chapter numbers were changed to Arabic numerals.
[1972 Code § 1.030; Ord. No. 1268 § 5]
If any chapter, section, subsection or paragraph of this revision shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this revision.
[1]
Editor's Note: Penalty provision taken from N.J.S.A. 40:69A-29.
[Ord. No. 1268 § 5; amended 6-9-2010 by Ord. No. 10-2010]
a. 
For violation of any provision of this Code or other ordinance of the Borough of Ramsey, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
b. 
Any person who is convicted of violating the Code of the Borough of Ramsey or an ordinance with respect to the discharge of fats, oils, or grease to the sanitary sewer, the maximum penalty upon conviction of the violation shall be one or more to the following: imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
[Ord. No. 1268 § 5; amended 6-9-2010 by Ord. No. 10-2010]
a. 
The Borough 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.
b. 
The Borough Council may prescribe that for the violation of the Code or an ordinance with respect to the discharge of fats, oils, or grease to the sanitary sewer, at least the minimum penalty shall be imposed, which may be fixed at an amount not less than $300. 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.
[Ord. No. 1268 § 5; amended 6-9-2010 by Ord. No. 10-2010]
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 who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. Any person who is convicted of violating the Department of Health Code or an ordinance with respect to the discharge of fats, oils, or grease to the sanitary sewer within two years of the date of a previous violation of the same provision of the Department of Health Code or the same ordinance with respect to the discharge of fats, oil, or grease into the sanitary sewer and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. These additional fines are meant to assist the Borough in recovering the Borough's cost of increased maintenance for removal of grease from sanitary sewers. 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.
If the Borough Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, in its discretion, the Council or court does not have to impose the additional fine.
[Ord. No. 1268 § 5]
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 Borough, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[Ord. No. 1268 § 5]
Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation.
[Ord. No. 1268 § 5]
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.
[1972 Code § 1.025]
Every person concerned in the commission of an act prohibited by this Code, whether he directly commits the act, or prosecutes, counsels, aids, or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.
[1972 Code § 1.040E]
The failure of any officer or employee of the Borough to perform any official duty imposed by this Code shall not subject such officer or employee to the penalty imposed for violation of this Code, unless a penalty is specifically provided.
[1972 Code § 1.020]
Unless otherwise provided in this Code, this Code applies to acts performed within the corporate limits of the Borough of Ramsey. Provisions of this Code also apply to acts performed outside the corporate limits and up to the limits prescribed by law, where the law confers power on the Borough to regulate such particular acts outside the corporate limits.
[1972 Code § 1.040]
Copies of this Code shall be kept available at the Borough Clerk's office for public inspection.
[Ord. No. 729A § 1; Ord. No. 1268 § 5]
The Borough hereby establishes an official map of the Borough of Ramsey entitled "Official Map — Ramsey — Bergen County — New Jersey" dated December 9, 1974, prepared by Andrew Marshall, Jr., P.E. & L.S., and as revised.[1]
[1]
Editor's Note: The Official Map of the Borough of Ramsey is on file in the Municipal Building.
[Ord. No. 729A § 2]
The Official Map of the Borough, herein established, shall be deemed conclusive with respect to the location of streets, drainage rights-of-way, and flood control basins, and the location and extent of public parks, playgrounds, and scenic and historic sites shown thereon, whether such streets, drainage rights-of-way, flood control basins, parks or playgrounds, or scenic or historic sites are improved or unimproved.
[Ord. No. 729A § 3]
Upon the application for approval of a plat, the Borough may reserve for future public use the location of such streets, drainage rights-of-way, and flood control basins, public parks and playgrounds, and scenic or historic sites shown on the Official Map, established herein, or any part thereof, and within the area of the plat for a period of one year after the approval of the final plat, or within such further time as agreed to by the applying party.
[Ord. No. 729A § 4]
Unless within such one-year period or extension thereof, or such period as may be established by a building moratorium ordinance hereinafter adopted with reference to flood control basins, the Borough shall have entered into a contract or purchase, or instituted condemnation proceeding, according to law, for the tract or parcel of land or property so reserved for any such purposes, such applying party shall not be bound to observe the reservation of such tract or parcel of land or property.
[Ord. No. 729 § 5]
During such period of one year, or any extension thereof, the applicant for the plat approval, and his assigns and successors in interest, may use the area so reserved for any purpose other than the location of buildings or improvements thereon, except as provided herein.
[Ord. No. 729 § 6]
For the purpose of preserving the integrity of the Official Map of the Borough, no permit shall be issued for any building in the bed of any street, drainage right-of-way, flood control basin, public park or playground, or scenic or historic site shown on the Official Map established herein, or on a plat filed pursuant to the Municipal Planning Act (1953), before adoption of the Official Map, except as herein provided.
[Ord. No. 729 § 7]
Whenever one or more parcels of land upon which is located the bed of such a mapped street, drainage right-of-way, or flood control basin, or any park or playground location, or any scenic or historic site reserved pursuant to the establishment of the Official Map of the Borough of Ramsey cannot yield a reasonable return to the owner unless a building permit be granted, the Board of Adjustment may, in a specific case, by a vote of a majority of its members, grant a permit for a building in the bed of such mapped street, drainage right-of-way, or flood control basin or within such reserved location of a public park, playground or scenic or historic site which will as little as practicable, increase the cost of opening such street, or tend to cause a minimum change in the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public, and shall inure to the benefit or the Borough.
[Ord. No. 729 § 8]
Before taking any action authorized in Subsection 1-8.7, the Board of Adjustment shall hold a public hearing at which parties in interest and others shall have an opportunity to be heard. At least 10 days notice of the time and place of hearing shall be published in an official publication of the Borough, or in a newspaper having general circulation therein.
[Ord. No. 787 § 1]
Ordinance No. 729-A entitled "An Ordinance to Establish an Official Map of the Borough of Ramsey, in the County of Bergen and State of New Jersey, pursuant to the provisions of N.J.S.A. 40:55D-32, et seq.," a copy of which is attached hereto and made a part hereof, (codified as Subsections 1-8.1 through 1-8.8) which was adopted by the Mayor and Council on August 13, 1975, be and the same is hereby readopted pursuant to the provisions of Chapter 291, P.L. 1975 of the State of New Jersey.