[1972 Code § 1-1; New]
This book shall be known and may be cited as the "Code of the Borough of Woodland Park, (2011)" and is herein referred to as the "Code."
[1972 Code § 1-2; New]
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:
- shall mean the Borough of Woodland Park in the County of Passaic, State of New Jersey.
- shall mean the Small Municipality Plan "C" of the Optional Municipal Charter Law, Chapter 210 of New Jersey Laws of 1950, as amended and supplemented, N.J.S.A. 49:69A-139 through 143, and any and all general laws as therein defined which are or may be applicable to the Borough.
- CLERK, MUNICIPAL CLERK OR BOROUGH CLERK
- shall mean the Municipal Clerk duly appointed pursuant to law.
- CODE OR THIS CODE
- shall mean the "Code of the Borough of Woodland Park, New Jersey."
- COUNCIL OR MUNICIPAL COUNCIL
- shall mean the elected Council of the Borough of Woodland Park.
- shall mean the County of Passaic.
- shall mean calendar days.
- shall mean an organizational unit of the Borough government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
- GOVERNING BODY
- shall mean the Mayor and the Council of the Borough of Woodland Park.
- shall mean licensed in accordance with the appropriate section or chapter of this Code.
- MAYOR, MUNICIPAL CLERK, CHIEF OF POLICE (or such other named officer)
- shall be construed to mean the Mayor, Clerk, Chief of Police or such other Officer or Department of the Borough of Woodland Park in the County of Passaic, State of New Jersey.
- shall mean a calendar month unless otherwise specifically provided.
- MUNICIPAL COUNCIL OR COUNCIL
- shall mean the elected Council of the Borough of Woodland Park.
- shall mean the Borough of Woodland Park in the County of Passaic and State of New Jersey.
- shall mean and include an affirmation where an affirmation may be substituted for an oath. In such cases the words swear and sworn shall be construed to be equivalent to the words affirm and affirmed.
- OCCUPANT (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.
- OFFICER OR OFFICIAL (and the title of an officer or official)
- shall be construed as if the words "of the Borough of Woodland Park" followed it.
- shall mean 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.
- Editor's Note: N.J.S.A. 40:49-1. "Ordinance and Resolution" defined. The term "Ordinance" when used in this Code means and includes any act or regulation of the Governing Body which is required to be reduced to writing and read at more than one (1) meeting thereof and published. The term "Resolution" when used in this Code means and includes any act or regulation of the Governing Body which is required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
- shall mean and include 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.
- shall mean any corporation, firm, partnership, association, organization or other entity, bodies politic and corporate, as well as an individual.
- PRECEDING AND FOLLOWING
- shall mean next before and next after, respectively.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- shall severally be construed to mean any and every public ground, public square, public park, other public place or bodies of water within the Borough.
- REAL PROPERTY
- shall include lands, tenements and hereditaments, all rights thereto and interests therein.
- REVISION OR THIS REVISION
- shall mean the "Code of the Borough of Woodland Park, 2011."
- shall mean that portion of a street between the curbline and the adjacent property line which has been paved with concrete or other approved material and is intended for the use of pedestrians.
- shall mean the State of New Jersey.
- shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, and crosswalk, and every class of road, square, place or municipal parking field used by the general public, and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Borough Council.
- shall mean a calendar year unless otherwise specifically provided.
[1972 Code §§ 1—3; New]
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 Borough offices are closed, that day shall be excluded.
Writing and written include printing, typewriting and any other mode of communication using paper or similar material which is in general use, 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 major subdivision of a chapter.
Subsection shall mean a subdivision of a section, 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 1972) and any references following are references to ordinances adopted after 1972.
[1972 Code § 1—4]
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.
For violation of any provision of this Code or other ordinance of the Borough of Woodland Park unless a specific penalty is otherwise provided in connection with the provision violated the maximum penalty upon conviction of the violation shall be by one (1) or more of the following: imprisonment in the County Jail or in any place provided by the Borough Council for the detention of prisoners, for any term not exceeding ninety (90) days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding ninety (90) days.
Unlawful Solid Waste Disposal. The Borough Council may prescribe that for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding two thousand five hundred ($2,500.00) dollars or a maximum penalty by a fine not exceeding ten thousand ($10,000.00) dollars.
The Borough Council may prescribe that for the violation of any particular provision of the Code or of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars.
The Borough Council may impose a fine in an amount greater than one thousand two hundred fifty ($1,250.00) dollars upon an owner for violations of housing or zoning codes. The Borough Council shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
The court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or in such ordinance.
Any person who is convicted of violating this Code or any ordinance within one (1) 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.
If the Borough Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance or Code provision the Borough Council may waive the additional fine by ordinance or resolution.
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 therefore, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.
If provided by specific ordinance, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough of Woodland Park 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 or violation.
Resolution R08-253, a resolution changing the name of the Borough of West Paterson to the Borough of Woodland Park.
WHEREAS, a petition for the change of name of the Borough of West Paterson to the Borough of Woodland Park was filed with the Borough of West Paterson Municipal Clerk on August 22, 2008 and such proposed change of name was submitted to the voters at the General Election held on November 4, 2008; and
WHEREAS, the majority of voters, YES - 2136 and NO - 2111, cast upon the question at the General Election were in favor of the change of the name;
NOW, THEREFORE, BE IT RESOLVED that the name of the Borough of West Paterson is hereby changed to the Borough of Woodland Park effective January 1, 2009, and the Borough of Woodland Park is the official title of the municipality; and
BE IT FURTHER RESOLVED that the Municipal Clerk has reported the results of the 2008 General Election at the regular meeting of December 17, 2008, as certified by the Passaic County Clerk, and the Municipal Clerk is hereby directed to file a certified copy of this resolution and official minutes of the meeting of the Mayor and Council dated December 17, 2008, in the Office of the Passaic County Clerk and the office of the New Jersey Secretary of State showing the change of the name of the borough from the Borough of West Paterson to the Borough of Woodland Park effective January 1, 2009.