Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Borough of Little Ferry, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[New]
This book shall be known and may be cited as the Code of the Borough of Little Ferry, 2010, and is herein referred to as the Code.
[1982 Code § 1-13; 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:
ADMINISTRATOR
Shall mean the Administrator of the Borough of Little Ferry duly appointed pursuant to law.
BOROUGH
Shall mean the Borough of Little Ferry in the County of Bergen, State of New Jersey.
BOROUGH COUNCIL
Shall mean the Council of the Borough of Little Ferry.
CLERK OR BOROUGH CLERK
Shall mean the Municipal Clerk duly appointed pursuant to law.
DEPARTMENT
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 Council of the Borough of Little Ferry.
LICENSED
Shall mean licensed in accordance with the appropriate section or chapter of this Code.
MONTH
Shall mean a calendar month unless otherwise specifically provided.
OATH
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."
OFFICER OR OFFICIAL (and the title of an officer or official)
Shall be construed as if the words "of the Borough of Little Ferry" followed it.
ORDINANCE
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.
OWNER
Shall mean any part owner, 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.
PERSON
Shall mean any corporation, firm, partnership, association, organization, limited liability company or other entity, as well as an individual.
PRECEDING AND FOLLOWING
Shall mean next before and next after, respectively.
PROPERTY
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, other public place or body of water within the Borough.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
RESOLUTION
Shall mean and include any act or regulation of the Borough Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
SIDEWALK OR WALKWAY
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.
STREET
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.
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.
WEEK
Shall mean seven (7) days.
YEAR
Shall mean a calendar year unless otherwise specifically provided.
[1982 Code § 1-14; 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.
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 or a legal holiday, that day shall be excluded.
"Writing" and "written" include any printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
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.
[1982 Code § 1-14; New]
"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.
[1]
Editor's Note: Penalty provision in accordance with N.J.S.A. 40:49-5.
[1982 Code § 1-15; Ord. No. 1080-17-02; Ord. No. 1193-02-06; New]
a. 
For violation of any provision of this Code or other ordinance of the Borough of Little Ferry 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.
b. 
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.
[1982 Code § 1-15; Ord. No. 1080-17-02; New]
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.
[New]
When the Borough Council chooses to imposes 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.
[New]
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.
[1982 Code § 1-15; Ord. No. 1080-17-02; New]
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.
[1982 Code § 1-15; Ord. No. 1080-17-02; New]
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 municipality, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.
[1982 Code § 1-15; Ord. No. 1080-17-02; New]
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 Little Ferry exists shall constitute a separate violation.
[1982 Code § 1-15; Ord. No. 1080-17-02; New]
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.
[1982 Code § 1-16; New]
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.
[1982 Code § 1-7; New]
It shall be the duty of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-to-date the certified copy of the book containing "The Code of the Borough of Little Ferry, 2010" required to be filed in the office of the Borough Clerk for the use of the public. All changes in the Code and all ordinances adopted by the Borough Council subsequent to the adoption of the Code which the Borough Council shall adopt specifically as a part of the Code, shall, when finally adopted, be included herein by reference until such change or new ordinances are printed as supplements to the Code of the Borough of Little Ferry, at which time such supplements shall be inserted therein.
[1982 Code § 1-9; New]
It shall be unlawful to improperly change or amend, by additions or deletions, any part or portion thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Little Ferry to be misrepresented thereby.