[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-2009 by Ord. No. 2346-09]
A. 
Pursuant to N.J.S.A. 40:49-5, as revised by P.L. 2006 c 269, the governing body of the Borough of Roselle hereby provides the following penalties for violation of its municipal ordinances, where such ordinances do not provide for a specific penalty; imprisonment in the Borough Jail or any place provided by the municipality for the detention of prisoners for a term not exceeding 90 days; or by a fine of no less than a minimum fine of $100 nor more than a maximum fine of $2,000; or by a period of community service not exceeding 90 days.
B. 
Violations of any ordinances pertaining to unlawful solid waste disposal shall, in addition to the other penalties imposed above, be subject to a fine which maybe fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000.
C. 
Unless otherwise set forth in a specific ordinance or section of the Borough Code, in any case involving a violation of a housing or zoning code, a fine in excess of $1,250 may only be imposed if the court provides a 30 days' period in which the owner shall be afforded the opportunity to cure or abate the condition and also afford the owner an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Any person who is convicted of violating an ordinance within one year of the date of previous violation of the same ordinance and was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person 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 violation of an 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 Borough Jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for period not exceeding 90 days.
Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case of violation.
[Adopted 8-21-2019 by Ord. No. 2603-19]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Roselle of a general and permanent nature adopted by the Mayor and Council of the Borough of Roselle, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 715, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Roselle," 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, including provisions of the 1975 Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
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 Roselle 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 Roselle" 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 Roselle, 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 Roselle 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 § 1-18, 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 Roselle 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 Roselle has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
(1) 
Ordinance No. 2243, Department of Public Works violations and penalties, adopted December 21, 2005.
(2) 
Ordinance No. 2244, Department of Public Works appearance in court for Department-cited violations, adopted December 21, 2005.
(3) 
Ordinance No. 1338, the ordinance adopting the 1975 Code (former Chapter 1, Article I, of the 1975 Code).
(4) 
The following former articles of Chapter 4 of the 1975 Code: Article I, Appointive Officers; Article II, Administrator; Article III, Civil Service; Article IV, Board of Health; Article IX, Assessment Board; Article XI, Attorney; Article XIII, Court; Article XIV, Prosecutor; Article XV, Wards; Article XVI, Fees and Penalties Disposition; Article XVIII, Rental Property Registration and Inspection Department; Article XIX, Department of Engineering; Article XX, Department of Public Works.
(5) 
Former Chapter 8, Bonds and Notes, of the 1975 Code.
(6) 
Former Chapter 12, Ethics, Code of, of the 1975 Code.
(7) 
Former Chapter 15, Fire Department, Article I, General Provisions, and Article II, Military Leaves of Absence, of the 1975 Code.
(8) 
Former Chapter 19, Personnel Policies, Article I, Donated Leave Program, of the 1975 Code.
(9) 
Former Chapter 21, Purchasing, of the 1975 Code.
(10) 
Former Chapter 25, Salaries and Compensation, of the 1975 Code.
(11) 
Former Chapter 35, Advertising Matter, Unsolicited, of the 1975 Code.
(12) 
The following former article of Chapter 83 of the 1975 Code: Article I, General Provisions.
(13) 
Former Chapter 88, Public Works, Department of, Article I, Violations and Penalties, and Article II, Appearance in Court for Department-Cited Violations, of the 1975 Code.
(14) 
Former Chapter 127, Swimming Pools, Public, of the 1975 Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-17 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 August 28, 2018.
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.
N. 
All currently effective ordinances pertaining to stormwater control and site plan requirements and any amendments thereto.
O. 
All currently effective ordinances pertaining to flood damage prevention requirements and any amendments thereto.
P. 
Ordinance No. 1310, adopted October 24, 1973, concerning "dead locks" to extent currently effective, if any.
Q. 
Ordinance No. 1620, adopted March 27, 1985, concerning the Borough's performance of a governmental function to extent currently effective, if any.
R. 
Any currently effective ordinance regulating traffic or parking.
S. 
Any currently effective neighborhood revitalization plan or redevelopment plan and amendments thereto.
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.)[1]
[1]
Editor's Note: Schedule A is on file in the Borough offices.