[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-28-2009 by Ord. No. 6-2009]
[Amended 5-13-2021 by Ord. No. 11-2021; 11-10-2021 by Ord. No. 25-2021; 4-13-2023 by Ord. No. 11-2023]
Unless otherwise regulated by statute or specifically identified by a particular ordinance, article, or section contained therein, the enforcing officers of the Borough Code shall be the Code Enforcement Officer, the Zoning Officer, Construction Code Official, Occupancy Administrator, Rental Unit Inspector, Director of Public Works and any Clayton police officers.
[Added 5-10-2018 by Ord. No. 9-2018]
Where no specific penalty is provided in the Code of the Borough of Clayton or in any other ordinance of the Borough for the violation of any provision thereof, the violation of any such provision shall be punished by one or more of the following: a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days. Except as otherwise provided, each day in which an ordinance violation shall exist shall constitute a separate offense.
[Adopted 5-10-2018 by Ord. No. 9-2018]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Clayton of a general and permanent nature adopted by the Mayor and Council of the Borough of Clayton, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 122 together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Clayton," 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.
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 Clayton 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 Clayton" 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 Clayton, 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 Clayton 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.
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.
A. 
Except as provided in § 1-15, 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 Clayton which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
Repeal of specific ordinances. The Mayor and Council of the Borough of Clayton has determined that the following ordinances are no longer in effect and hereby specifically repeals the following former chapters:
(1) 
Chapter 15, Management Information Systems Officer (Ord. No. 89-4).
(2) 
Chapter 21, Police Department, Article II, Radio Dispatcher (Ord. No. 68-2).
(3) 
Chapter 34, Alcoholic Beverages, Article III, Consumption and Possession in Public (Ord. No. 79-6).
(4) 
Chapter 71, Police Panel Alarm System, Article I, Standards and Regulations (Ord. No. 83-12).
(5) 
Chapter 72, Pool and Billiard Rooms (6-28-1945).
(6) 
Chapter 118, Sewage Disposal Systems, Individual (2-11-1964).
(7) 
Chapter 119, Solid Waste (7-10-1979).
(8) 
Chapter 120, Swimming Pools (9-11-1979).
(9) 
Chapter 121, Individual and Semipublic Water Supplies (7-10-1979).
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 July 13, 2017.
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 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 nomenclature changes are made:
(1) 
"Zoning Official" and "Zoning Enforcement Officer" are changed to "Zoning Officer."
(2) 
"Code Enforcement Official" is changed to "Code Enforcement Officer."
(3) 
"Environmental Committee" is changed to "Environmental Commission."
(4) 
"Chairman" and "Chair" are changed to "Chairperson."
(5) 
"Construction Code Official" are changed to "Construction Official."
(6) 
"Water and Sewer Department," "Water Department" and "Sewer Department" are changed to "Water and Sewer Utility."
(7) 
"New Jersey Department of Health and Senior Services" is changed to "New Jersey Department of Health."
(8) 
"New Jersey State Highway Department" is changed to "New Jersey State Department of Transportation."
(9) 
"Public Works Department Superintendent" and "Superintendent of Public Works" are changed to "Director of Public Works."
(10) 
"Soil Conservation Service" or "SCS" are changed to "Natural Resources Conservation Service" or "NRCS."
(11) 
"Department of Environmental Protection and Energy" is changed to "Department of Environmental Protection."
(12) 
Chapter 41 is amended to change instances of "Fire Protection Subcode Official" to "Fire Subcode Official."
(13) 
Chapter 45 is amended to change instances of "Occupancy Permit Administrator" to "Occupancy Administrator."
(14) 
Chapter 57 is amended to change instances of "Superintendent of Streets" and "Superintendent" to "Director of Public Works."
(15) 
Chapter 59 is amended to change instances of "Bureau of Fire Prevention" and "Bureau of Fire Safety" to "Bureau of Fire Prevention and Safety."
(16) 
Chapter 86A is amended to change instances of "Code Enforcement Official" and "Code Enforcement Officer" to "Zoning Officer" and instances of "Land Use Ordinance" to "Chapter 88, Unified Development."
(17) 
Chapter 88 is amended to change instances of "Joint Land Use Board," "Combined Planning and Zoning Board," "Combined Planning/Zoning Board," and "Planning/Zoning Board" to "Planning Board."
(18) 
Chapter 88 is amended to change instances of "Fire Bureau" to "Bureau of Fire Prevention and Safety."