[HISTORY: Adopted by the City Council
of the City of Atlantic City: Art. I, 2-1-1989 by Ord. No. 2-1989.
Amendments noted where applicable.]
[Adopted 2-1-1989 by Ord. No. 2-1989]
Pursuant to N.J.S.A. 40:49-4, the other ordinances of the City of Atlantic City of a general and permanent nature adopted by the City Council of the City of Atlantic City, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 254, are hereby approved, adopted, ordained and enacted as the "Code of the City of Atlantic City," 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 City 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 City of Atlantic City 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 Clerk of the city, 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
City of Atlantic City" 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 City of Atlantic City, 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 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 City Council, which may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
[Amended 11-25-2008 by Ord. No. 104]
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 Atlantic City to be misrepresented thereby.
Anyone violating this section or part of this ordinance shall be subject,
upon conviction, to a fine of not more than $2,000 or to 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 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.
[Amended 8-9-1989 by Ord. No. 40-1989; 6-20-1990 by Ord. No.
48-1990; 8-28-1991 by Ord. No. 60-1991]
All ordinances or parts of ordinances of a general or permanent
nature adopted and in force on the date of the adoption of Ordinance
No. 2-1989 and not contained in the Code of the City of Atlantic City
arc saved from repeal until August 31, 1992.
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 arc hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to December 9, 1987.
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 city'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.
Any ordinance regulating vehicles and traffic in the City of Atlantic
City.
M.
All legislation pertaining to taxation.
N.
Ordinance Nos. 64-1980, adopted 7-31-1980; 32-1979, adopted 6-7-1979;
14-1962, adopted 6-14-1962; and 21-1956, adopted 12-20-1956; regulating
the use of water.
O.
Ordinance No. 25-1982, adopted 4-7-1982, amending taxi stand designations
in the city.
P.
Ordinance Nos. 36-1983, adopted 7-20-1983, and 11-1927, adopted 2-24-1927,
regulating firearms and fireworks.
Q.
Ordinance No. 56-1979, adopted 8-24-1979, granting tax deferral benefits
to senior citizens.
R.
Ordinance No. 86-1980, adopted 9-10-1980, providing monetary compensation
to employees deprived of ability to use compensatory time due to election
to public office.
S.
Ordinance No. 23-1981, adopted 3-26-1981, prohibiting reinstatement
of a municipal employee having received supplemental compensation
upon retirement.
T.
Ordinance No. 74-1981, adopted 11-19-1981, establishing regulations
governing annual, sick or other leaves of absence.
U.
Ordinance No. 75-1981, adopted 11-19-1981, regulating annual, sick
or other leaves for temporary employees.
V.
Ordinance No. 16-1983, adopted 3-31-1983, prohibiting investment
of public funds in institutions and companies doing business with
South Africa.
W.
Ordinance No. 28-1984, adopted 4-18-1984, relating to repair, closing
and demolition of unfit buildings.
X.
Ordinance No. 18-1985, adopted 3-7-1985, permitting the F.A.A. to
grant easement to Atlantic City Municipal Utilities Authority for
access to new well field.
Y.
Ordinance No. 59-1985, adopted 8-14-1985, requiring business owners
to provide information necessary to contact owner in an emergency.
Z.
Ordinance No. 61-1985, adopted 8-14-1985, changing name of "Atlantic
City Civil Defense Office" to Atlantic City Office of Emergency Management,
etc.
AA.
Ordinance No. 98-1985, adopted 11-8-1985, establishing titles and
salary ranges for officers and employees of the city.
BB.
Ordinance No. 63-1986, adopted 9-3-1986, authorizing Trams/Atlantic
to operate trams on Boardwalk for three years.
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 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.
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.)[1]
[1]
Editor's Note: In accordance with the provisions of § 1-14B, the following sections were added or amended: §§ 4-72.1, 7-2, 7-11, 7-17, 81-7, 89-4, 89-6, 89-7B, 89-48, 89-52, 89-60, 92-2, 92-12, 94-4, 98-3H, 98-41, 98-6A and C, 99-4, 99-8, 103-3, 105-8, 106-6, 108-10A, 121-12B, 121-27, 121-33, 145-19, 145-42, 145-44, 147-12, 155-7, 155-10, 155-13, 155-14, 155-18, 158-6, 158-24, 158-27, 183-2, 197-7, 197-9, 203-10, 204-18, 204-22, 204-30, 220-4, 222-24F, 222-28, 222-31, 222-33, 222-36, 233-57, 233-63, 251-32 and 251-40.
The following sections were deleted: original Sections 2,
3 and 6 of Ord. No. 44-1979; and original Subsection C of Section
2 of Ord. No. 37-1977.
A complete description of each amendment or addition is included
in Ord. No. 2-1989, a copy of which is on file in the office of the
City Clerk.
