[Ord. No. O-2-08]
This book shall be known and may be cited as the "Code of the Town of Morristown, 2007" and is herein referred to as the "Code."
[1980 Code § 4-1A; Ord. No. O-2-08]
For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the definitions contained in this section shall apply:
The Director of the Department of Administration who shall be known and designated as the "Business Administrator," appointed pursuant to the Charter and Chapter 2, Administration, or any Assistant, Deputy or Acting Administrator serving in place of the Business Administrator pursuant to the Charter and Chapter 2, Administration.
The Mayor-Council Plan F of Chapter 210 of New Jersey Laws of 1950, as amended and supplemented.
The Municipal Clerk or Town Clerk appointed pursuant to the Charter and Chapter 2, Administration.
"The Code of the Town of Morristown, New Jersey."
The local legislative body of the municipality constituted and elected pursuant to the Charter and Chapter 2, Administration, and designated as the Town Council or Municipal Council of the Town of Morristown.
Calendar days.
An organizational unit of the municipal government. All of the administrative functions, powers and duties of the municipality, other than those vested in the offices of the Municipal Clerk and the Municipal Tax Assessor, are allocated and assigned among and within the departments which are established or designated by or pursuant to Chapter 2, Administration.
The head of a department appointed by the Mayor with the advice and consent of the Council.
Any law or provision of law, not inconsistent with the Optional Municipal Charters Law, heretofore or hereafter enacted which is by its terms applicable or available to all municipalities, and the following additional laws whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation, local courts, education, health, public authorities serving more than one municipality and to municipalities in unsound financial condition.
The Municipal Council or Town Council as constituted under the Charter.
A calendar month unless otherwise specifically provided.
The Town of Morristown in the County of Morris.
As applied to a building or land, shall mean and include any person who occupies the whole or a part of such buildings or land, either alone or with others.
The title of an officer or official shall be construed as if the words "of the Town of Morristown" followed it.
Any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
Includes any part owner, any corporation, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
Next before and next after, respectively.
The President of the Town Council or Municipal Council.
Severally be construed to mean any and every public ground, public square, public park, other public place or body of water within the Town.
Includes lands, tenements and hereditaments, all rights thereto and interests therein.
That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, excluding parkways.
Includes an avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public. Street shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent.
Applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
The Town of Morristown.
Seven days.
A calendar year unless otherwise specifically provided.
[1980 Code § 1-3B; Ord. No. O-2-08]
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses, and the future, the present.
The masculine gender includes the feminine and neuter and can be applied to firms, partnerships and corporations as well as to males.
The singular number includes the plural, and the plural, the singular.
"Shall" is mandatory and "May" is permissive.
Computation of Time. Whenever a notice is required to be given or an act to be done, the time shall be computed by excluding the first and including the last day, and if the last day be a Sunday, a legal holiday, or a day on which the Town offices are closed, that day shall be excluded.
"Writing" and "Written" includes any printing, typewriting and any other mode of communication using paper or similar material which is in general use, including but not limited to data sheets, data processing cards, photographs, photographic negatives, phone records, tape recording, wire recordings, transcripts of recordings, computer records and any record defined by the Open Public Records Act, as well as legible handwriting.
"Chapter" shall mean one of the major divisions of the Code, identified by a Roman numeral and divided by subject matter.
"Section" shall mean a subdivision of a chapter, identified by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in this citation.
The letters "N.J.S.A." shall refer to the New Jersey Statutes Annotated, and any supplements and amendments thereto.
Catchlines of Sections. The catchlines of the sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
The source history of each section or subsection is provided as follows: the first listing refers to the location of the Code provisions in the prior Code (the Code that was adopted in 1980) and the listings subsequent thereto refer to ordinance numbers and sections which were adopted after 1980.
[1980 Code § 1-10; Ord. No. O-2-08]
If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.
[Ord. No. O-7-02; Ord. No. O-9-06]
Any person who shall violate any provision of this Code or other ordinance of the Town, where no specific penalty is provided regarding the section violated, shall, upon conviction thereof, be punishable by one or more of the following: a fine not to exceed $2,000 or imprisonment for a period not exceeding 90 days or to a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court. Where applicable, whenever each such violation is continued or permitted to continue such violations shall constitute separate offenses.
[1]
Editor's Note: Former Subsection 1-5.2, Minimum Penalty, was repealed by Ord. No. O-30-12.
[Ord. No. O-7-02]
Any person who is convicted of violating this Code or an ordinance within one year of the date of a previous violation of the same provision of this Code or of the same ordinance and who was fined for the previous violation, shall be sentenced by a 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 or Code provision, but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
[Ord. No. O-7-02]
Any person convicted of the violation of any provision of this Code or any 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 County jail or place of detention provided by the Town for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[Ord. No. O-2-08]
If provided by ordinance, each and every day in which a violation of any provision of this Code or any other ordinance of the Town exists shall constitute a separate violation.
[Ord. No. O-2-08]
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 or violation except where a minimum penalty is prescribed in accordance with Subsection 1-5.2.
[Ord. No. O-2-08]
The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered continuations thereof and not as new enactments.
[1980 Code § 1-5; Ord. No. O-2-08]
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Town Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Morristown, 2007," 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 the Code, as amendments and supplements thereto.
[1980 Code § 1-7; Ord. No. O-2-08]
It shall be the duty of the Municipal 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 the office of the Clerk for the use of the public. All changes in the Code and all ordinances adopted subsequent to the effective date of this codification, which shall be adopted specifically as part of the Code, when finally adopted, shall be included therein by reference until such changes or new ordinances are printed as supplements to the Code book, at which time such supplements shall be inserted therein.
[1980 Code § 1-8; Ord. No. O-2-08]
Copies of the Code book may be purchased from the Municipal Clerk upon the payment of a fee to be set by resolution of the Town Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
[1980 Code § 1-9; Ord. No. O-2-08]
It shall be unlawful to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with the Code in any manner whatsoever which will cause the law of the Town to be misrepresented thereby.