[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:
The Board of County Commissioners.
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.).
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.
The Mercer County Code, as amended or supplemented.
The County of Mercer, State of New Jersey, as governed by
the provisions of the Charter.
The officer by that title duly elected and serving pursuant
to the Charter.
An organization unit or group of organization units of the
County government, establish or designated as a department by this
Code.
The administrative head of a department, regardless of his/her
title.
A calendar month unless otherwise specifically provided.
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.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
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").
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."
