[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer County as indicated in article histories. Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code of Mercer County has been amended to delete the term “Board of Chosen Freeholders” and replace it with the term “Board of County Commissioners.” In addition, the terms “Freeholder” and “Chosen Freeholder” have been deleted and replaced by the term “County Commissioner.”]
[Adopted as Ch. 1.01 of the 2003 Mercer County Code]
[Amended 10-22-2019 by Ord. No. 2019-5]
This Code shall be known and may be referred to as the "Mercer County Code," as amended.
[Amended by Ord. No. 76-5]
For the purpose of this Code 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 meaning indicated:
BOARD
The Board of County Commissioners.
BUDGET RESOLUTION
An action of the Board introducing, approving, amending and adopting a budget, which shall be passed in the manner prescribed in the Local Budget Law (N.J.S.A. 40A:4-1 et seq.).
CHARTER
The County Executive Plan of the Optional County Charter Law (N.J.S.A. 40:41A-1 et seq.), as amended and supplemented, and any and all general laws as therein defined which are or may be applicable to the County.
CODE
The Mercer County Code, as amended or supplemented.
COUNTY
The County of Mercer, State of New Jersey, as governed by the provisions of the Charter.
COUNTY EXECUTIVE
The officer by that title duly elected and serving pursuant to the Charter.
DEPARTMENT
An organization unit or group of organization units of the County government, establish or designated as a department by this Code.
DEPARTMENT HEAD
The administrative head of a department, regardless of his/her title.
MONTH
A calendar month unless otherwise specifically provided.
ORDINANCE
An act of the Board in general, permanent, uniform regulation of public or governmental conduct, which shall be written, published and publicized in a prescribed manner after introduction, and adopted after public hearing at a meeting following the one at which it was introduced.
PERSON
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
RESOLUTION
An action expressing the sense or will of the Board on a matter of special or temporary interest, which shall be written and which may be adopted at the meeting at which it was introduced without publication or public hearing (see also "budget resolution").
YEAR
A calendar year unless otherwise specifically provided.
[Amended by Ord. No. 76-5]
For the purposes of this Code and any other ordinances and resolutions heretofore or hereafter adopted, except as the context may otherwise require:
A. 
The present tense includes the past and future tenses and the future, the present;
B. 
The singular number includes the plural, and the plural, the singular;
C. 
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;
D. 
"Writing" and "written" shall include printing, typewriting, stencil duplicating and any other visual mode of reproducing words or figures on paper or paper-like material which is in general use.
A. 
It is the intent of the Board in enacting this Code to exercise fully, according to its terms, the powers delegated by the Charter to organize and reorganize County government, and the provisions of the Code shall be construed liberally to that end.
B. 
Nothing in this Code shall be construed to impair or diminish or infringe on the powers and duties of municipalities or other units of government under the general laws of the state.
C. 
The Code shall be interpreted and administrated so as to maintain the separation of legislative and administrative powers as provided in the Charter and as specifically provided in N.J.S.A. 40:41A-86, including conferring on the Board general legislative and such investigative powers as are germane to the exercise of its legislative powers but to retain in the head of the Executive Branch full control over the County Administration and shall not, pursuant to N.J.S.A. 40:41A-125c, diminish the duties, responsibilities or powers or any elected or appointed head of the Executive Branch or chief assistant thereto or County administrator, except where specifically set forth herein and permitted by statutory or case law.
[Adopted 10-22-2019 by Ord. No. 2019-5]
The ordinances of Mercer County of a general and permanent nature adopted or approved by the Board of County Commissioners, as revised, codified and consolidated into chapters and sections, consisting of Chapters 1.01 through 7.01, together with an Appendix, be and hereby are approved, adopted, ordained and enacted as the "Administrative Code of Mercer County," hereafter known and referred to as the "Administrative Code."
Each section of the Administrative Code, and every part of each section, is an independent section or part of a 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 section or parts thereof.
All ordinances, or parts thereof, inconsistent with the provisions contained in the Administrative 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 Mercer County which is not in conflict with the provisions of the Administrative Code shall be deemed to remain in full force and effect.
A. 
In compiling and preparing the ordinances for adoption and revision as part of the Administrative Code, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of County Commissioners that all such changes be adopted as part of the Administrative Code as if the ordinances so changed has been previously formally amended to read as such.
B. 
Nomenclature. The following changes are made in the Administrative Code:
(1) 
"Division of Employee Relations" is changed to "Department of Personnel."
(2) 
Chapter 3.13 is amended to change instances of "Princeton Borough" and "Princeton Township" to "Princeton," and to change instances of "Washington Township" to "Robbinsville Township."
(3) 
Chapter 3.17 is amended to change instances of "Princeton Borough" and "Princeton Township" to "Princeton."
(4) 
Chapter 3.20 is amended to change instances of "handicapped" and "handicapped children" to "disabled" and "children with disabilities."
C. 
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.[1]
[1]
Editor's Note: Schedule A is on file in the County offices.