[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:
The Borough of Ramsey in the County of Bergen and, State
of New Jersey.
The Mayor and Council of the Borough of Ramsey, who may also
be referred to as the governing body or the Council.
The Municipal Clerk duly appointed pursuant to law.
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 in accordance with the appropriate section or chapter
of this revision.
A calendar month unless otherwise specifically provided.
The official statute law of the State of New Jersey, as amended
and supplemented.
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."
And the title of an officer or official shall be construed
as if the words "of the Borough of Ramsey" followed it.
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.
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.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
Next before and next after, respectively.
Real and personal property.
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.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
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.
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.
Seven days.
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.Â
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.Â
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.Â
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.Â
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.
