Borough of Lincoln Park, NJ General Provisions

In the construction of this Code and of all other ordinances of the Borough, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Borough Council.

Definitions. As used in this Code, the following terms shall have the meanings indicated:

BOROUGH

Shall be construed as if the words "of Lincoln Park" followed it.

CODE

The Code of the Borough of Lincoln Park, New Jersey.

COUNCIL or BOROUGH COUNCIL

The Borough Council of the Borough of Lincoln Park.

COUNTY

Shall be construed as if the words "of Morris" followed it.

GOVERNING BODY

The Council of the Borough.

MONTH

A calendar month.

OWNER

As applied to a builder of land, shall include any part owner, any corporation, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

PERSON

Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

PRECEDING and FOLLOWING

Next before and next after, respectively.

STATE

The State of New Jersey.

STREET

Includes a highway, road, avenue, court, public lane or alley, and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Borough Council.

Word usage.

(1)

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.

(2)

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(3)

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

(4)

Shall; may. The word "shall" is mandatory; the word "may" is permissive.

(5)

Tense. Words used in the past or present tense include the future.

(6)

Writing or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

§ 1-2 General penalty.

[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]

Except as hereinafter provided, whenever, in this Code or in any other ordinance of the Borough or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the Borough, any act is prohibited, or whenever, in such Code or in such other Borough ordinance, rule, regulation or order, the doing of any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any other ordinance of the Borough or of any rule, regulation or order promulgated pursuant to such Code or other Borough ordinance shall be punished by one or more of the following:

(1)

Imprisonment in the county jail for a term not exceeding 90 days;

(2)

A fine not exceeding $2,000 or the maximum fine permitted by N.J.S.A. 40:49-5, and any amendment thereto, whichever sum is greater; or

[Amended 10-7-2019 by Ord. No. 11-19]

(3)

A period of community service not exceeding 90 days.

Any violation of an ordinance within one year of the date of a previous violation, or any imposition of a fine or penalty for the same violation, shall subject the violator to an additional fine or penalty as a repeat offender. The additional fine or penalty imposed by the court upon such violator for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.

Any person convicted of a violation of 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 a 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.

Whenever any provision of the New Jersey Statutes Annotated limits the authority of the Borough to punish the violation of any particular provision of this Code or other Borough ordinance or rule, regulation or order promulgated pursuant thereto to a fine of a lesser amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then the violation of such particular provision or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized, or by both such fine and imprisonment.

The violation of this Code or any other Borough ordinance or rule, regulation or order promulgated pursuant thereto shall constitute a separate offense during each day it continues, unless otherwise provided.

Whenever any such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.

§ 1-3 Forfeiture of license or permit due to tax delinquency.

[Added 1-9-1995 by Ord. No. 1,130, effective 2-12-1995]

Whenever any section or provision of the Lincoln Park Code shall authorize issuance or renewal of any license or permit by or requiring the approval of the Borough, the applicant, if he is the owner, shall be required to pay any delinquent taxes or assessments on the property wherein the business or activity for which the license or permit is sought or wherein the business or activity is to be conducted.

The Borough of Lincoln Park may also take action to revoke or suspend any license or permit issued by the Borough when any licensee, who is the owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for the last three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.

The provisions of this section shall not apply to or include any alcoholic beverage license or permit issued pursuant to the Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq.

Article II Adoption of Code

[Adopted 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]

§ 1-4 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Lincoln Park of a general and permanent nature adopted by the Borough Council of the Borough of Lincoln Park, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 469, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Lincoln Park," hereinafter known and referred to as the "Code."

§ 1-5 Code supersedes prior ordinances.

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.

§ 1-6 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-7 Copy of Code on file.

A copy of the Code 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 Lincoln 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.

§ 1-8 Amendments to Code.

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 Lincoln 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 Code as amendments and supplements thereto.

§ 1-9 Publication; filing.

The Clerk of the Borough of Lincoln 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.

§ 1-10 Code to be kept up-to-date.

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 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, at which time such supplements shall be inserted therein.

§ 1-11 Sale of Code book.

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.

§ 1-12 Altering or tampering with Code; penalties for violation.

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 Lincoln 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 $2,000, 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.

§ 1-13 Severability of Code provisions.

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.

§ 1-14 Severability of ordinance provisions.

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.

§ 1-15 Inconsistent ordinances repealed.

Except as provided in § 1-16, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Lincoln Park which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

Repeal of specific ordinances. The following chapters of the 1991 Borough Code have been determined to be no longer in effect and are specifically repealed: Chapter 16, Joint Purchasing Program; Chapter 39, Police, Special; Chapter 75, Boats; Chapter 139, Health Department Fee Schedule; and Chapter 169, Secondhand Dealers.

§ 1-16 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to May 20, 2019.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-17 Changes in previously adopted ordinances.

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 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.

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.)[1]

[1]

Editor's Note: Schedule A is on file in the Borough offices.