[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:
Shall mean the Administrator of the Borough of Little Ferry
duly appointed pursuant to law.
Shall mean the Borough of Little Ferry in the County of Bergen,
State of New Jersey.
Shall mean the Council of the Borough of Little Ferry.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
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.
Shall mean the Mayor and Council of the Borough of Little
Ferry.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
Shall mean a calendar month unless otherwise specifically
provided.
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."
Shall be construed as if the words "of the Borough of Little
Ferry" 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.
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.
Shall mean any corporation, firm, partnership, association,
organization, limited liability company or other entity, as well as
an individual.
Shall mean next before and next after, respectively.
Shall mean real and personal property.
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.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
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.
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 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.
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.
[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.
