[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.
