[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-1991 by Ord. No. 1,032 as Ch. 1, Arts. II and III, of the
1991 Code]
In the construction of this Code and of all other ordinances
of the Borough, the following rules shall be observed, unless such
construction would be inconsistent with the manifest intent of the
Borough Council.
A. Definitions.
As used in this Code, the following terms shall have the meanings
indicated:
BOROUGH
Shall be construed as if the words "of Lincoln Park" followed
it.
CODE
The Code of the Borough of Lincoln Park, New Jersey.
COUNTY
Shall be construed as if the words "of Morris" followed it.
OWNER
As applied to a builder of land, shall 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.
PERSON
Shall extend and be applied to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
STATE
The State of New Jersey.
STREET
Includes a highway, road, avenue, court, public lane or alley,
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.
B. Word
usage.
(1) Computation of time. Whenever a notice is required to be given or
an act to be done a certain length of time before any proceeding shall
be had, the day on which such notice is given or such act is done
shall not be counted in computing the time, but the day on which such
proceeding is to be had shall be counted.
(2) Gender. A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
(3) Number. A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
(4) Shall; may. The word "shall" is mandatory; the word "may" is permissive.
(5) Tense. Words used in the past or present tense include the future.
(6) Writing or in writing shall be construed to include any representation
of words, letters or figures, whether by printing or otherwise.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
A. Except
as hereinafter provided, whenever, in this Code or in any other ordinance
of the Borough or in any rule, regulation or order promulgated pursuant
to such Code or other ordinance of the Borough, any act is prohibited,
or whenever, in such Code or in such other Borough ordinance, rule,
regulation or order, the doing of any act is declared to be unlawful,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or of any other ordinance of the Borough
or of any rule, regulation or order promulgated pursuant to such Code
or other Borough ordinance shall be punished by one or more of the
following:
(1) Imprisonment in the county jail for a term not exceeding 90 days;
(2) A fine not exceeding $2,000 or the maximum fine permitted by N.J.S.A.
40:49-5, and any amendment thereto, whichever sum is greater; or
[Amended 10-7-2019 by Ord. No. 11-19]
(3) A period of community service not exceeding 90 days.
B. Any
violation of an ordinance within one year of the date of a previous
violation, or any imposition of a fine or penalty for the same violation,
shall subject the violator to an additional fine or penalty as a repeat
offender. The additional fine or penalty imposed by the court upon
such violator for a repeated offense shall not be less than the minimum
or exceed the maximum fine fixed for a violation of the ordinance,
but shall be calculated separately from the fine imposed for the violation
of the ordinance.
C. Any
person convicted of a violation of 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
a place of detention provided by the municipality, for any term not
exceeding 90 days, or be required to perform community service for
a period not exceeding 90 days.
D. Whenever
any provision of the New Jersey Statutes Annotated limits the authority
of the Borough to punish the violation of any particular provision
of this Code or other Borough ordinance or rule, regulation or order
promulgated pursuant thereto to a fine of a lesser amount than that
provided in this section or imprisonment for a shorter term than that
provided in this section, then the violation of such particular provision
or order shall be punished by the imposition of not more than the
maximum fine or imprisonment so authorized, or by both such fine and
imprisonment.
E. The
violation of this Code or any other Borough ordinance or rule, regulation
or order promulgated pursuant thereto shall constitute a separate
offense during each day it continues, unless otherwise provided.
F. Whenever
any such fine is imposed upon any corporation, such fine and costs
and charges incident thereto may be collected in an action of debt
or in such other manner as may be provided by law.
[Added 1-9-1995 by Ord. No. 1,130, effective 2-12-1995]
A. Whenever
any section or provision of the Lincoln Park Code shall authorize
issuance or renewal of any license or permit by or requiring the approval
of the Borough, the applicant, if he is the owner, shall be required
to pay any delinquent taxes or assessments on the property wherein
the business or activity for which the license or permit is sought
or wherein the business or activity is to be conducted.
B. The
Borough of Lincoln Park may also take action to revoke or suspend
any license or permit issued by the Borough when any licensee, who
is the owner of the property upon which the licensed business or activity
is conducted, has failed to pay the taxes due on the property for
the last three consecutive quarters. Upon payment of the delinquent
taxes or assessments, the license or permit shall be restored.
C. The
provisions of this section shall not apply to or include any alcoholic
beverage license or permit issued pursuant to the Alcoholic Beverage
Control Act, N.J.S.A. 33:1-1 et seq.
[Adopted 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Lincoln Park of a general and permanent nature adopted by the Borough Council of the Borough of Lincoln Park, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
469, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Lincoln Park," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
This ordinance shall take effect immediately upon passage and
publication according to law.
A copy of the Code has been filed in the office of the Borough
Clerk and shall remain there for use and examination by the public
until final action is taken on this ordinance; and, if this ordinance
shall be adopted, such copy shall be certified to by the Clerk of
the Borough of Lincoln Park by impressing thereon the Seal of the
Borough, as provided by law, and such certified copy shall remain
on file in the office of the Clerk of the Borough, to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the governing body to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Borough of Lincoln 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 Code as amendments
and supplements thereto.
The Clerk of the Borough of Lincoln Park, pursuant to law, shall
cause this Adopting Ordinance to be published, in the manner required,
in a newspaper of general circulation in the Borough. Sufficient copies
of the Code shall be maintained in the office of the Clerk for inspection
by the public at all times during regular office hours. The enactment
and publication of this Adopting Ordinance, coupled with availability
of copies of the Code for inspection by the public, shall be deemed,
held and considered to be due and legal publication of all provisions
of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and
directed by the Clerk to keep up-to-date the certified copy of the
Code required to be filed in his or her office for the use of the
public. All changes in said Code and all ordinances adopted subsequent
to the effective date of this codification which shall be adopted
specifically as part of the Code shall, when finally adopted, be included
therein by reference until such changes or new ordinances are printed
as supplements to said Code, at which time such supplements shall
be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Clerk, or an authorized agent of the Clerk, upon
the payment of a fee authorized by the Borough. The Clerk shall also
arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Borough of Lincoln Park to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to one or more of the following: a fine
of not more than $2,000, imprisonment for not more than 90 days or
a period of community service not exceeding 90 days, in the discretion
of the Judge imposing the same.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A. Except as provided in §
1-16, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Lincoln Park which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. Repeal of specific ordinances. The following chapters of the 1991 Borough Code have been determined to be no longer in effect and are specifically repealed: Chapter 16, Joint Purchasing Program; Chapter
39, Police, Special; Chapter 75, Boats; Chapter 139, Health Department Fee Schedule; and Chapter 169, Secondhand Dealers.
The adoption of this Code and the repeal of ordinances provided for in §
1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to May 20, 2019.
B. Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C. Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered, prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F. Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing of grade, changing of name,
improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G. Any ordinance or resolution appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond or other instruments or evidence
of the Borough's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J. The dedication of property or approval of preliminary or final subdivision
plats.
K. All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L. Any ordinance adopting or amending the Zoning Map.
M. Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
A. In compiling and preparing the ordinances for adoption and revision
as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of the Borough Council that all such changes be
adopted as part of the Code as if the ordinances so changed had been
previously formally amended to read as such.
B. In addition, the changes, amendments or revisions as set forth in
Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)