This chapter shall be known and may be referred to as the "Hudson County Administrative Code (1976)," as amended and supplemented.
For the purpose of this chapter and in the interpretation and application of all other ordinances and resolutions heretofore or hereafter adopted by the County, except as the context may otherwise require, the following terms shall have the meanings indicated:
The Board of County Commissioners.
A suborganization unit or group of organization units of a division of the County government established by or designated as a bureau by the code.
The administrative head of a bureau regardless of title.
The Optional County Charter Law (L. 1972, c. 154; N.J.S.A. 40:41A-1 et seq.), as amended and supplemented, as applicable to Hudson County by its adoption of the County Executive Plan and any and all general laws as therein defined which are or may be applicable to the County.
The Hudson County Administrative Code (1976), as amended or supplemented.
The County of Hudson, State of New Jersey.
The officer by that title duly elected and serving pursuant to the Charter.
A primary organization unit or group of organization units of the County government, established by and designated as a department by the code.
The administrative head of a department, and its subdivisions, regardless of his/her title.
A suborganization unit or group of organization units of a department of the County government established by or designated as a division by the code.
The administrative head of a division, regardless of his/her title.
A unit of County government within a department or under the direct jurisdiction of the County Executive or Administrator, whose interaction with other governments or agencies requires a distinct organizational structure. An office shall not be considered a "department" or "division" as defined above.
All personnel of any type of any department, division or bureau, except such personnel who would perform services which are provided by any other department, division or bureau.
For the purposes of the code and any other ordinances, resolutions, rules, regulations and any actions related thereto heretofore or hereafter adopted, except as the context may otherwise require:
A.
The tenses shall be interchangeable when the context so requires;
B.
The masculine, feminine and neuter genders shall be interchangeable terms;
C.
The singular number includes the plural and the plural the singular;
D.
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 Sunday or a legal holiday, that day shall be excluded;
E.
"Writing" and "written" shall include handwriting, printing, typewriting, duplicating and any other visual mode of communicating words or figures;
F.
"Year," "month," "week" and "day" shall be the calendar periods unless otherwise specifically provided; and
G.
"Person" shall mean any individual, corporation, firm, partnership, association, organization or other entity.
A.
It is the intent of the Board in enacting the code to exercise fully, according to its terms, the powers delegated by the Optional County Charter Law (L. 1972, c. 154), as amended and supplemented, to organize and reorganize County government; and the provisions of the code shall be construed liberally toward that end.
B.
Nothing in the code shall be construed to impair or diminish or infringe on the powers and duties of municipalities units of government under the general law of the state.
C.
The code shall be interpreted and administered so as to maintain the separation of legislative and executive powers as provided in the Charter.
A.
Official Seal.
(1)
Official Seal of Hudson County. The Official Seal of the County of Hudson for all purposes described in N.J.S.A. 40A:9-26 shall be the Seal currently in use by the Clerk of the Board of County Commissioners. The Official Seal consists of a circular medallion which depicts the overlapping letters H and C, which letters are embellished with a decorative flourish, and surrounded in plain print by the words "County of Hudson," and a single star. There is a solid ring surrounding the letters H and C, and its outer border edge is embellished with small pointed regularly spaced marks.
(2)
A representation of the Official Seal of the County of Hudson appears as follows:
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B.
Ceremonial Seal.
(1)
Ceremonial Seal of the County. The Ceremonial Seal of the County of Hudson shall be the Scales of Justice Seal currently displayed by the County on various documents, publications, locations and media. The Ceremonial Seal consists of a depiction of the statue commonly known as "Lady Justice," "Blind Justice" or the "Scales of Justice," over which is printed within a representation of a banner the Latin words "Constat Per Recordum," which words and statue are surrounded by the words "Hudson County" above, and "New Jersey" below, with a star to the right and to the left of the state. The outer edge of the Ceremonial Seal contains three borders. A solid line surrounds the image and words. A decorative ring of small pointed round marks next appear and the outer edge is marked by a solid ring.
(2)
A representation of the Ceremonial Seal of the County of Hudson appears as follows:
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C.
Seal established; availability for inspection and use.
(1)
The aforesaid described Official Seal and Ceremonial Seal, representations of which are annexed hereinabove, are available for public inspection in the office of the Clerk to the Hudson County Board of County Commissioners.
(2)
The seal identified as the Official Seal of the County, the seal bearing principally the overlapping H and C, shall be and is hereby established and declared to be the Official Seal of the County of Hudson.
(3)
The seal identified as the Ceremonial Seal of the County, the seal bearing principally the statue of Blind Justice shall be and is hereby established and declared to be the Ceremonial Seal of the County of Hudson.
(4)
The Clerk of the Board of County Commissioners shall use the Official Seal of the County of Hudson as set forth in N.J.S.A. 40A:9.26, and for other appropriate purposes related to the County of Hudson.
D.
Unauthorized use of Official and/or Ceremonial Seal of the County of Hudson.
(1)
Whoever knowingly displays any printed or other likeness of either the Official Seal or the Ceremonial Seal as identified and declared herein, or any facsimiles thereof in, or in connection with, any advertisement, poster, circular, book, pamphlet or other publication, public meeting, play, motion picture, telecast badge, article of apparel, or other production or on any building, monument or stationery, for the purpose of conveying, or in any manner reasonably calculated to convey a false impression of sponsorship or approval by the County of Hudson or any of its departments or divisions or its elected or appointed officials or employees, agencies or, authorities thereof, shall be subject to fine or imprisonment as provided by law.
(2)
Whoever, except as may be authorized by the Board of County Commissioners, as expressed in a writing by the Clerk of the Board of County Commissioners upon the passage of an appropriate resolution after acquiescence by the County Executive, knowingly manufactures, reproduces, prints sells or purchases for resale either separately or attached to any article manufactured or sold, any likeness of the Official Seal or the Ceremonial Seal or any substantial part thereof, except for the manufacture or sale of the article for the official use of the County of Hudson, shall be subject to fine or imprisonment as provided by law.
(3)
A violation of the provisions of this section may be enjoined at the initiation of suit in a court of competent jurisdiction on behalf of the County of Hudson.
E.
Use relative to the exercise of those rights protected by the Constitutions of the United States and the State of New Jersey.
(1)
Any prohibition relative to the use, publication, display, manufacture, or otherwise of either the Official Seal or the Ceremonial Seal contained herein shall be construed in such a manner as to not threaten, chill, curb, prohibit, prevent, or infringe in any manner the use of either or both seals by a person, persons, or entity, legitimately exercising First Amendment rights protected by the United States Constitution or the New Jersey Constitution, such as the freedom of speech and the right of assembly.
(2)
Any prohibition relative to the use, publication, display manufacture or otherwise of the Official Seal or the Ceremonial Seal contained herein shall be construed in such a manner as not to threaten, chill, curb, prohibit, prevent or infringe in any way the use of either seal relative to legitimate purposes relating to news dissemination, parody, purposes of serving the public interest, or editorial content and comment that is permitted under the United States Constitution or the New Jersey Constitution.
F.
Penalty.
(1)
Any person found to have violated any part of this section relative to the Official Seal or Ceremonial Seal by a court of competent jurisdiction shall be liable for those penalties as provided in N.J.S.A. 40:49-5; to wit: imprisonment in the County jail for a term not exceeding 90 days, or by a fine not exceeding $2,000, or by a period of community service not exceeding 90 days. In no event shall any fine imposed be less than $100.
A violation of this code or of any ordinance for which no penal sanction is otherwise provided shall be punishable by imprisonment in the County jail for a term not exceeding 90 days or by a fine not exceeding $500, or both.
If any article, section or part of this code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such article, section or part shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect; no such determination shall be deemed to invalidate the remaining articles, sections or parts of this code.
This code, adopted by ordinance the 12th day of August 2021, supersedes all other prior codes and ordinances amending said prior codes.