The book shall be known and may be cited as the "Code of the City of Asbury Park, 2015" and is herein referred to as the "Code." Any additions or amendments to this Code are incorporated in this Code so that a reference to "The Code of the City of Asbury Park" includes the additions and amendments.
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, unless as otherwise provided by specific chapter, section or subsection of this Code:
- shall mean the City of Asbury Park in the County of Monmouth and State of New Jersey.
- CITY COUNCIL or COUNCIL
- shall mean the governing body of the City of Asbury Park, constituted and elected pursuant to law.
- CITY MANAGER
- shall mean the Manager of the City duly appointed pursuant to law.
- CIVIL SERVICE
- shall mean those regulations set forth in Title 4A of the New Jersey Administrative Code and Title 11A of the New Jersey Statutes. http://www.state.nj.us/csc/
- CLERK or CITY CLERK
- shall mean the Municipal Clerk duly appointed pursuant to law.
- shall mean the Code of the City of Asbury Park.
- shall mean the County of Monmouth.
- shall mean the calendar days.
- shall mean an organizational unit of the government established or designated by ordinance of this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the City Council.
- shall mean the head of an administrative department of the City government.
- FISCAL YEAR
- shall mean, for the purposes of financial, budgeting and planning, the Asbury Park fiscal year runs from January 1 through December 31.
- GOVERNING BODY
- shall mean the Mayor and Council of the City of Asbury Park.
- shall mean laws of the State of New Jersey.
- shall mean licensed in accordance with the appropriate section or chapter of this Code.
- shall mean a calendar month unless otherwise specifically provided.
- shall mean the City of Asbury Park in the County of Monmouth, State of New Jersey.
- NEW JERSEY STATUTES ANNOTATED or N.J.S.A.
- shall mean the latest published edition of the New Jersey Statutes.
- shall be construed to 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."
- as applied to a building or land, shall include any person who occupies the whole or part of a building or land, whether alone or with others.
- OFFICER or OFFICIAL (and the title of an officer or official)
- shall be construed as if the words of the City of Asbury Park followed it.
- shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
- when applied to a building or land, 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 such building or land.
- shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, factors of any kind of personal representatives of any thereof in any capacity, acting either for himself/herself or for any other person, under either personal appointment or pursuant to law.
- PERSONAL PROPERTY
- shall mean goods and chattels, rights and credits, monies and effects, evidences of debt, and all written instruments by which any right to, interest in, or lien or encumbrances upon, property or any debt or financial obligation as created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything, except real property as herein defined, which may be subject of ownership.
- PRECEDING and FOLLOWING
- shall mean next before and next after, respectively.
- shall mean real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
- shall severally be construed to mean any and every public ground, public square, public park or other public place within the City.
- shall mean and include any act or regulation of the Governing Body on a matter of special or temporary interest, required to be reduced to writing and which may be finally passed at the meeting at which it is introduced.
- shall mean the act of abstaining from participation in an official action due to a conflict of interest.
- shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- shall mean the State of New Jersey.
- shall include a street, avenue, 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.
- TENANT or OCCUPANT
- as 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.
- shall mean seven (7) days.
- shall mean a calendar year unless otherwise specifically provided.
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.
The singular number includes the plural and the plural the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done 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 offices of the City are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
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 the citation.
"Chapter" shall mean one of the major divisions of the Code identified by a Roman numeral and divided by subject matter.
"Article" shall mean a major division within a chapter.
"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, often identified by an alphabetical letter or Arabic number.
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 City of Asbury 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 municipality 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.
Whenever a fine is to be imposed in an amount greater than one thousand two hundred fifty ($1,250.00) dollars for violations of housing or zoning codes the owner shall be provided a thirty (30) days period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if the Court has determined that the abatement has not been substantially completed.
The City 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 court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of punishment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or such ordinance.
Any person who is convicted of violating this Code or an 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 City Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the 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/she 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 City, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (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 City 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.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of City Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Asbury Park" 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 book containing the Code, as amendments and supplements thereto.
It shall be the duty of the City 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 and the electronic version as published online. All changes in the Code and all ordinances adopted subsequent to the effective date of this codification, which shall be adopted shall specifically as part of the Code, when finally adopted, 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.
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 this Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.