[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-2-2013 by Ord.
No. 1615]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Seaside Park of a general and permanent nature adopted by the Mayor and Borough Council of the Borough of Seaside Park, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
458, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Seaside Park," hereinafter known and referred to as the "Code."
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. This ordinance specifically repeals the 1970
Code of the Borough of Seaside Park, adopted 12-10-1970 by Ord. No.
674.
This ordinance shall take effect as of the 15th day of May 2013
upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the
office of the Borough 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 Borough of Seaside Park by impressing thereon
the Seal of the Borough, as provided by law, and such certified copy
shall remain on file in the office of the Clerk of the Borough, 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
Borough of Seaside Park" 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 Borough of Seaside Park, pursuant to law, shall
cause this Adopting Ordinance to be published, in the manner required,
in a newspaper of general circulation in the Borough. 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 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, or an authorized agent of the Clerk, upon
the payment of a fee authorized by the Borough. The Clerk shall 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 Borough of Seaside Park 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, 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 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. Any ordinance
adopted subsequent to 9-27-2012.
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 Borough'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 municipal 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 ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
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 Mayor and Borough 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 changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof 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.)
C. Nomenclature.
The following titles are updated as follows:
(1) Throughout
the Code, "State Department of Health" is changed to "State Department
of Health and Senior Services."
(2) Throughout
the Code, "Magistrate" is changed to "Municipal Court Judge."
(3) In Chapter
450, Water and Sewers, "Borough Superintendent" is changed to "Public Works Supervisor."
[Adopted 12-20-2001 by Ord. No. 1291 (Ch. 81 of the 1970 Borough
Code); amended in its entirety at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
The following penalty provisions apply to ordinances enacted
by the Borough Council:
A. Maximum
penalty. For violation of any provisions of this chapter, any other
chapter of this Code or any other ordinance of the Borough, unless
another penalty is included within the chapter, article or ordinance,
the maximum penalty, upon conviction, shall be 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. Violations and penalties for vehicles and traffic. Unless another penalty is expressly provided by New Jersey Statute or in this Code, any person who shall violate any section or part of Chapter
435, Vehicles and Traffic, of the Code of the Borough of Seaside Park shall, upon conviction, be subject to one or more of the following: a fine not less than $45 nor exceeding $2,000; or imprisonment for a period not exceeding 90 days; or to a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court.
C. A minimum
penalty not exceeding $100 shall apply for any and all violations
of any section of the Code of the Borough of Seaside Park unless otherwise
specified.
D. The court
shall have the power to impose any fine, term of imprisonment, or
period of community service not less than the minimum and not exceeding
the maximum set forth in this section upon any person convicted of
violating any section of the within Code or ordinances of the Borough
of Seaside Park.
E. Any person
convicted of violating an ordinance and/or a section of this Code
within one year of the date of a previous violation of the same ordinance
and/or a section of this Code, and who was fined for the previous
violation, shall be sentenced by the court to an additional fine as
a repeat offender. 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 established in this section, but shall be
calculated separately from the fine imposed for the violation of the
ordinance and/or section of this Code.
F. The Borough
of Seaside Park may waive the additional fine by ordinance or resolution
for a repeated violation of any ordinance and/or section of the Code.
Any person convicted of the violation of any ordinance and/or section
of the Code, in the discretion of the court and in default of the
payment of any fine imposed therefor, shall be imprisoned in the county
jail or place of detention provided by the municipality, for any term
not exceeding 90 days, or be required to perform community service
for a period not exceeding 90 days.
G. Separate
violations. 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.
H. The maximum
penalty stated in this section is not intended to be an appropriate
penalty for every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.
I. Legal and
equitable relief. In addition to the above penalties, the Seaside
Park Beach Patrol, Beach Control, Code Enforcement Officer(s), Police
Department or other duly authorized officers or employees are hereby
empowered to pursue such legal and equitable relief as may be necessary
to abate any violation or enforce any conditions of this Code or ordinance
of the Borough.