The ordinances embraced in the following chapters and sections shall constitute and be designated as "The Municipal Code of the City of Plainfield, New Jersey, 1971," and may be so cited. The Code may also be cited as the "Municipal Code" or, in the provisions which follow, as "this Code".
[R.O. 1957, 1:1-2]
In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the Council or the context clearly requires otherwise.
(a) 
Bond. When a bond is required, an undertaking in writing shall be sufficient, unless otherwise required by state law, or in this Code.
(b) 
Chairman. Except where otherwise expressly provided, the word "chairman" shall mean the Chairman of the Committee, Board or other Agency, or such person as is duly qualified to act in his place and stead.
(c) 
Charter. The Plainfield Charter (1968). Ch. 159, Laws of 1968 of New Jersey, approved July 12, 1968.[1]
[1]
State law reference: As to power to enact Charter, see N.J.S.A. 1:6-10 et seq.
(d) 
City. The City of Plainfield, in the County of Union, and State of New Jersey, except as otherwise provided.
(e) 
City Hall. City Hall shall mean such municipal building or as shall be so designated by the Council by resolution.
(f) 
Clerk. The City Clerk of the City of Plainfield.
(g) 
Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.
(h) 
Council. The City Council of the City of Plainfield.
(i) 
County. The words "the County" or "this County" shall refer to Union County, New Jersey.
(j) 
Definitions. Unless expressly otherwise provided, definitions given within a chapter, article, or section apply only to words or phrases used in such chapter, article, or section.
(k) 
Gender. Words importing the masculine gender shall include the feminine and neuter as well as masculine.
(l) 
Governing Body means the Council.
(m) 
Health Officer means the head of the Health Division of the Department of Public Affairs and Safety.
(n) 
Joint Authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
(o) 
Mayor. The Mayor of the City of Plainfield.
(p) 
Month means a calendar month, unless otherwise expressed.
(q) 
Number. Words used in the singular include the plural and the plural includes the singular number.
(r) 
Oath shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
(s) 
Owner, applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant by the entirety, of the whole or of a part of such building or land.
(t) 
Person shall include a corporation, firm, partnership, association, executor, administrator, guardian, trustee, agent, organization and any other group acting as a unit, as well as an individual.
(u) 
Personal property includes goods and chattel, rights and credits, moneys and effects, evidences of debt, chosen in action 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 the subject of ownership.
(v) 
Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively.
(w) 
Property shall include real and personal property.
(x) 
Proprietor. The word "proprietor" means any person, firm, association, corporation, club, or copartnership, whether acting by themselves or a servant, agent or employee.
(y) 
Public Grounds, Property or Places shall severally be construed to mean any park or open place adjacent thereto, any lake or stream, any and every public ground, public square, public park, street or sidewalk, or other public place within the City.
(z) 
Real Property. Real property shall include land together with all things attached to the land so as to become a part thereof and all rights thereto and interests therein.
(aa) 
Semi-public Property or Place (Quasi-Public Place) means real property owned, leased, occupied and maintained by a semi-public organization, such as the Board of Education, YMCA, Library, or the like.
(bb) 
Shall; must; may. The words "shall" and "must" are mandatory and the word "may" is permissive.
(cc) 
Sidewalk means any portion of a street between the curb line and the adjacent property line, or any paved or unpaved walkway, intended for the use of pedestrians.
(dd) 
Signature and Subscription includes a mark when the person cannot write.
(ee) 
State means the State of New Jersey.
(ff) 
Street means any public way, road, highway, street, court, avenue, boulevard, parkway, alley, lane, viaduct and bridge.
(gg) 
Tenant; occupant. The words "tenant" and "occupant", applied to a building or land, shall include any person who occupies the whole or a part of such building or land whether alone or with others.
(hh) 
Tense. Words used in the past or present tense include the future as well as the past and present.
(ii) 
Writing; written. The words "writing" and "written" shall include printing and any other mode of representing words and letters.
(jj) 
Year means a calendar year, unless a contrary intention be expressed.
Any copy of the Municipal Code of the City of Plainfield, New Jersey, 1971 or any copy of any addition, amendment or supplement thereto adopted, published and certified according to law shall be received in evidence in any court for the purpose of proving the Charter and ordinances therein contained with like effect and for the same purpose as the original ordinances would be received.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a designated deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise.
[R.O. 1957, 1:1-3]
The provisions of this Code, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.
[R.O. 1957, 1:1-6]
(a) 
Neither the adoption of this Code nor the repeal hereby of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at the effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereof appertaining shall continue in full force and effect.
(b) 
Whenever any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be therein so expressly provided.
(a) 
In addition to the rules of construction specified in Section 1:1-2 of this chapter, the following rules shall be observed in the construction of this Code:
(1) 
All references to chapters, articles or sections are to the chapters, articles and sections of this Code unless otherwise specified.
(2) 
If the provisions of different chapters or articles of this Code conflict with or contravene each other, the provisions of each chapter or article shall prevail as to all matters and questions growing out of the subject matter of that chapter or article.
(3) 
If different sections of the same chapter are clearly in conflict, the provisions of the section which is the latest enacted shall prevail unless the construction is inconsistent with the meaning of that chapter.
Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision as may now exist or is hereafter amended.
This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside this City over which the City has jurisdiction or control by virtue of any Constitutional or Charter provisions, or any law.
[R.O. 1951, 1:1-5]
All designations and headings of chapters, articles, and sections printed in boldface type and all catchlines of subsections printed in italic type are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles, sections or subsections. They shall not be deemed or taken to be any part of or title of such chapters, articles, sections and subsections; nor, unless expressly so provided, shall they be so deemed upon amendment or re-enactment; nor shall they be construed to alter the otherwise intended meaning of any provision of this Code.
In reading a section number from left to right, the digit or digits to the left of the colon refers to the chapter number of this Code. The digits to the right of the colon refer to the particular article within such chapter. The digits to the left of the dash refer to the article while the digits to the right of the dash refer to the particular section within such article. Figures to the right of a decimal point shall indicate new sections inserted between existing sections, as the case may be. The decimal system shall be used in maintaining the numerical order of such sections and chapters.
All notices, reports, statements, applications and records required or authorized by this Code shall made in writing in the English language, unless specifically provided otherwise.
[R.O. 1957, 1:1-4]
It is hereby declared to be the intention of the Council that the sections, subsections, paragraphs, sentences, clauses and words of this Code are severable and if any word, clause, sentence, paragraph, subsection or section of this Code shall be declared unconstitutional or invalid for any reason by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs, subsections and sections of this Code, since the same would have been enacted by the Council without the incorporation in this Code of any such unconstitutional or invalid word, clause, sentence, paragraph, subsection or section.
[R.O. 1957, 1:1-8; N.J.S.A. 40:49-5]
Whenever, in this Code or in any other ordinance of the City, or rule, regulation or order promulgated by any law officer or agency of the City under authority duly vested in him, or it, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provisions of this Code or of any other ordinance of the City or any rule, regulations or order as aforesaid shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days or be punished by both such fine and imprisonment; provided, however, that where the penalty for any particular offense is limited by State statute then such limitation shall be applicable to the provisions of this Code and other ordinances of the City or rule, regulations or order as aforesaid notwithstanding the provisions of this section. Each day any violation of this Code or of any other ordinance of the City or any rule, regulation or order as aforesaid shall continue shall constitute a separate offense.
[1]
State law reference: As to maximum penalty, see N.J.S.A. 40:49-5.
[MC 1972-7, § 1, March 20, 1972; MC 1972-36, §§ 1, 2, Sept. 18, 1972; MC 1977-8, Sept. 19, 1977; MC 1978-13, § 1, June 19, 1978; MC 1980-2, §§ 1, 2, April 7, 1980; MC 1981-7, § 1, June 1, 1981; MC 1983-26, § 1, December 27, 1983; MC 1986-3, § 1, March 3, 1986; MC 1987-3, § 1, March 2, 1987; MC 1989-15, §§ 1, 2, Sept. 5, 1989; MC 1992-25, September 21, 1992; MC 1998-08, February 17, 1998; MC 1999-8, July 19, 1999; MC 2004-34, § 1, December 6, 2004; MC 2010-07, May 10, 2010; MC 2012-25, December 10, 2012; MC 2014-01, February 10, 2014]
Pursuant to N.J.S.A. 47:1A-2, the following fees are established for copies of records maintained by the City and other services conducted by the various agencies of the City of Plainfield Health Department.
(a) 
Police Division.
Type
Activity Fee
Photostatic Copy of Traffic Bureau Accident Report:
Application in Person:
First page to tenth page, per page
$0.75
Eleventh page to twentieth page, per page
$0.50
All pages over twenty, per page
$0.25
Applications other than in Person, Additional Fee:
First three pages
$10.00
Additional pages after the first three, per page
$2.00
Photostatic Copy of Municipal Court Records:
Three pages or less
$10.00
Over three pages, per page
$2.00
Identification Bureau Fingerprinting:
Industrial/business, per fingerprint card
$6.00
Immigration, per fingerprint card
$6.00
Concealed Weapon Permit
No Charge
Concealed Weapon Renewal
No Charge
Fingerprinting for All Applicants for City Permits and Licenses
$10.00
Police Certificate (Letter of Recommendation)
$10.00
Search of Police Records (Resulting in No Copy of Record)
$2.00
Photostatic Copy of Arrest Record:
Three pages or less
$10.00
Over three pages, per page
$4.00
Photostatic copy of All Other Records
Three pages or less
$10.00
Over three pages, per page
$4.00
Photograph:
$10.00
Plus any fees incidental to the Division in obtaining investigation reports from other jurisdictions
(b) 
Health Division Fee Schedule.
Type
Current Fee
Fee as of 1/1/13
Fee as of 1/1/14
Non-Seating Retail Food Establishments:
1.
0 to 299 sq. ft.
$162.50
$195.00
$195.00
2.
300 to 599 sq. ft.
$260.00
$312.00
$312.00
3.
600 to 1,999 sq. ft.
$390.00
$468.00
$468.00
4.
2,000 to 4,999 sq. ft.
$520.00
$624.00
$624.00
5.
5,000 to 9,999 sq. ft.
$682.50
$819.00
$819.00
6.
10,000 or more sq. ft.
$877.50
$1,053.00
$1,053.00
Seating Retail Food Establishments:
1.
Seating capacity 1 to 49
$130.00
$156.00
$156.00
2.
Seating capacity 50 to 99
$195.00
$234.00
$234.00
3.
Seating capacity 100 or more
$325.00
$390.00
$390.00
Other Food-Related Business Fees:
1.
Newsstands and Confectionery Stores
$65.00
$78.00
$78.00
2.
Pharmacies (soda, and prepackaged snacks)
$65.00
$78.00
$78.00
3.
Church and School Kitchens
$97.50
$117.00
$117.00
4.
Mobile Food Push Cart (per cart)
$97.50
$117.00
$117.00
5.
Mobile Food Truck (per vehicle)
$195.00
$234.00
$234.00
6.
Vending Machine License (per machine)
$45.50
$54.60
$54.60
7.
Special Event Food License (per day per vendor)
$32.50
$55.00
$55.00
8.
Packaged Retail Liquor Stores
NA
$200.00
$200.00
9.
Day Care Center License
$130.00
$156.00
$156.00
Other Business License Fees:
1.
Body Art Establishment Permit
$150.00
$150.00
$150.00
2.
Tanning Facility Permit
$150.00
$150.00
$150.00
3.
Barbershops
$75.00
$100.00
$100.00
4.
Massage Parlors
$100.00
$100.00
$100.00
5.
Animal Shelters/Kennels
$100.00
$100.00
$100.00
Other Business-Related Fees:
1.
Late Fees (Per week)
$25.00
$25.00
$25.00
2.
Reinspection Surcharge Fee for Establishments that are rated Conditionally Satisfactory or Unsatisfactory
A. First Reinspection
$60.00
$60.00
$75.00
B. Second Reinspection
$90.00
$90.00
$100.00
C. Third Reinspection
$150.00
$150.00
$150.00
3
Plan Review Fee (Food and Body Art Establishments)
$100.00 per location
$100.00 per location
$100.00 per location
Vital Statistic Fees:
1.
Certificate of Birth (First Copy)
$25.00
$25.00
$25.00
2.
Certificate of Marriage (First Copy)
$25.00
$25.00
$25.00
3.
Certificate of Death (First Copy)
$25.00
$25.00
$25.00
4.
Each Additional copy of Birth, Marriage or Death Certificates (if purchased on same day)
$5.00
$10.00
$10.00
5.
Record Search
$20.00
$20.00
$20.00
6.
Marriage License *
$28.00
TBD (See below)
TBD (See below)
7.
Domestic Partnership License *
$28.00
TBD (See below)
TBD (See below)
8.
Burial Permit *
$5.00
TBD (See below)
TBD (See below)
9.
Document Correction
$10.00
$20.00
$25.00
Dog license fees: See § 5:1-4
Cat license fees: See § 5:10-3
*These fees are set and mandated by the State of NJ Office of Vital Statistics and Registry.
(c) 
The City of Plainfield recognizes that there are inherent additional costs and expenses relating to additional notifications of delinquencies necessitating additional record keeping, collections, and communications to licensees and therefore establishes a late fee where a license is due to be renewed on February 1 of each year.
(1) 
Each licensee may be given a thirty-day grace period to pay any and all license renewal fees if such a request is made, in writing, within fourteen (14) days prior to February 1 of each year to the Plainfield Health Division. The decision to allow for such an extension shall be in the sole discretion of the Director of the Plainfield Health Division or his/her designee.
(2) 
There shall be a late fee of Fifteen Dollars ($15.00) for failure to renew each week in which said renewal has not been completed, in addition to the required license renewal fee.
(3) 
Nothing herein shall be construed to require a licensee who has successfully applied for an extension as set forth in Section 1:1-15(c) (1), to pay a late fee during and for the period of the extension.
(d) 
The City of Plainfield, through its Health Division, is required to make periodic inspections and reinspections to insure against public hazards. This obligation, when required to be performed repeatedly as a result of the licensee's failure to comply with established health and safety standards, causes the City of Plainfield to assume additional expense and costs, therefore the City of Plainfield has established a fee of Forty Dollars ($40.00) for re-inspections, conditional approvals and the attendant re-inspection.
(1) 
Where a licensee's establishment has, as a result of the Plainfield Health Division's initial inspection, failed to receive a rating of satisfactory, each and every reinspection thereafter shall require the licensee to pay a fee of Forty Dollars ($40.00) for each required reinspection.
(2) 
Where a licensee has received a conditional approval, such licensee shall be subject to a daily inspection and shall pay a fee of Forty Dollars ($40.00) per daily inspection.
(3) 
Where the Plainfield Health Division, after any first inspection, finds that the licensee has failed to achieve a minimum rating of satisfactory, a summons shall be issued to the said licensee for violating the appropriate rules, regulations, New Jersey State Statutes and/or this section. Should, in the discretion of the Plainfield Health Division, the licensee's premises creates an immediate hazard to the public health, the Plainfield Health Division shall immediately close the licensee's facilities. In that event, the Plainfield Health Division shall cause the alleged violation to be heard in the Municipal Court of the City of Plainfield within seventy-two (72) hours thereof.
(e) 
Any person or entity found to have violated this section shall be fined as follows:
(1) 
For a first offense the fine shall be not less than One Hundred Dollars ($100.00) and not more than Three Hundred Dollars ($300.00);
(2) 
For a second offense the fine shall be not less than Two Hundred Fifty Dollars ($250.00) and not more than Five Hundred Dollars ($500.00);
(3) 
For a third and any subsequent offense the fine shall not be less than Seven Hundred Fifty Dollars ($750.00) and not more than One Thousand Five Hundred Dollars ($1,500.00);
(4) 
All fines imposed hereinabove shall be in addition to any and all reinspection fees as described in Section 1:1-15 (d).
(f) 
City Clerk.
Type
Fee
City Maps
$3.75
Ward Maps
$3.75
Taxi Rate Charts
$5.00
Taxi Certificate of Compliance
$25.00
Municipal Code Book (with binder)
$200.00
City Charter
$20.00
Periodic Updating to Municipal Code Book (annual)
At Cost
Alcoholic Beverage Control License Application
At Cost
*Fees - Public Meetings - Monitoring of Tapes
*A fee of $5.00 per hour or a portion thereof is established for persons wishing to monitor tape recordings of public meetings. If more than one person is in attendance, the $5.00 hourly fee shall be prorated between the number of persons present.
$5.00
(g) 
Inspection Division.
Type
Fee
Floodplain Letters of Certification
$5.00
Zoning Ordinance
$10.00
Zoning Maps
$0.25
Photostatic Copy of Records:
First page to tenth page, per page
$0.75
Eleventh page to twentieth page, per page
$0.50
All pages over twenty, per page
$0.25
(h) 
Historic Preservation Commission.
Type
Fee
Application fee for development applications requiring Planning Board or Zoning Board of Adjustment Approval
$15.00
Application fee for development applications requiring a building permit
$20.00
Fee for the issuance of a list of the property owners within 200 feet of the development site
$10.00
Fee for the public notice in the designated newspaper for each development application
$10.00
(i) 
Copies — All Divisions. If a fee has not been established by law for copies of any records, the following schedule shall apply. The fee is determined by the total number of pages or parts thereof to be purchased and not on the number of records being copied:
Number of Pages
Fee
First page to tenth page, per page
$0.75
Eleventh page to twentieth page, per page
$0.50
All pages over twenty, per page
$0.25
(j) 
Municipal Court Discovery
(1) 
All requests for discovery in matters pending in the Plainfield Municipal Court shall be submitted through the Municipal Prosecutor.
(2) 
The following fees shall be payable by the requestor to the City of Plainfield for the discovery provided:
(a) 
Seventy-five cents ($.75) per page for each of the first ten (10) pages photocopies.
(b) 
Fifty cents ($.50) per page for each of the next ten (10) pages photocopied.
(c) 
Twenty-five cents ($.25) for each of the pages photocopied thereafter.
(d) 
Actual postage for any discovery sent by mail.
(e) 
Twenty-five cents ($.25) for the envelope for any discovery sent by mail.
(f) 
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost of making the photographs shall be charged.
(g) 
Duplication of videotapes constitutes an extraordinary duplication process and will be charged at the rate of five dollars ($5.00) per videotape.
(h) 
On any item that cannot be photocopied on the City's copy machines or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
(3) 
Where the discovery must be obtained from an entity other than the City of Plainfield, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.
(k) 
Tax Collector.
Type
Fee
Redemption Calculation:
2 Per calendar year
$0
Per Subsequent Calculation
$50.0
[MC 1983-6, § 1, March 7, 1983; MC 2004-06, April 19, 2004]
(a) 
Whenever a check is given in payment for any and all monetary transactions of the local government of the City of Plainfield, including but not limited to, taxes, municipal liens, interest, licenses and permits, fees, fines, and bail and bond deposits, such check is accepted by the municipality upon the express condition that the maker covenants that the same is regular on its face, upon an account on which drawn, without irregularity, for the payment therefor.
(b) 
The issuance of a municipal license or permit; rendering a municipal service; payment of taxes, municipal liens, and interest; as well as any other monetary municipal transaction, are conditioned upon additional charges of Fifteen Dollars ($15.00) administrative cost, plus the cost the City is charged by the City's bank, to be verified by the City's Chief Financial Officer, per occurrence for any check given therefor which is dishonored by the bank upon which it is drawn because of irregularity.
(c) 
When a check is returned because of irregularity, the license or permit issued shall be void; if for a service, the service shall be discontinued; if for payment of taxes, municipal liens, interest, or any other monetary transaction, the payment shall be cancelled, until the amount of the check, plus the charge as aforesaid, shall be paid to the City of Plainfield.