Borough of Avon-by-the-Sea, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 8-27-79 by Ord. No. 7-1979]

Be it ordained by the Board of Commissioners of the Borough of Avon-by-the-Sea, County of Monmouth, State of New Jersey, as follows:

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Avon-by-the-Sea of a general and permanent nature, adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 171, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Avon-by-the-Sea," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form 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 Avon-by-the-Sea 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 of Avon-by-the-Sea, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

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 Avon-by-the-Sea 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 loose-leaf book containing said Code, as amendments and supplements thereto.

§ 1-6 Publication; filing.

The Clerk of the Borough of Avon-by-the-Sea, pursuant to law, shall cause to be published in the manner required a copy of this adopting ordinance in a newspaper of general circulation in the Borough. Sufficient copies of the Code shall be maintained in the office of the Borough 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.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Borough Clerk, or someone authorized and directed by her, to keep up-to-date the certified copy of the book containing the Code required to be filed in 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 book, at which time such supplements shall be inserted therein.

§ 1-8 Sale of Code book.

Copies of the Code book containing the Code may be purchased from the Borough Clerk upon the payment of a fee to be set by resolution by the Board of Commissioners, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Avon-by-the-Sea to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Judge imposing the same.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repeal of ordinances.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

§ 1-13 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 June 22, 1978.

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 or obligation.

I. The levy or imposition of taxes, assessments or charges.

J. The dedication of property or approval of preliminary or final subdivision plats.

K. Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees, and providing for holidays and vacation for employees; and providing for retirement and death pay benefits for certain employees.

L. Any ordinance regulating traffic or parking.

M. Ordinance No. 173, adopted April 9, 1968, as amended, pertaining to peace and good order.

N. Ordinance No. 202, adopted July 28, 1971, pertaining to soliciting and canvassing.

O. Ordinance No. 86, adopted January 1, 1957, providing for a Fire Department.

P. Ordinance No. 6, adopted June 25, 1900, pertaining to bicycles.

Q. Ordinance No. 124, adopted March 21, 1939, providing for fire prevention and protection in the Borough.

§ 1-14 Changes in previously adopted ordinances.

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 (1) or more of said ordinances. It is the intention of the Board of Commissioners 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 following changes, amendments or revisions 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).[1]

[1] Editor's Note: Pursuant to § 1-14B, the following sections of the Code were added or amended. A complete description of the changes is on file in the office of the Borough Clerk.

A. The following penalty sections have been amended: §§ 56-12, 56-17, 59-18, 64-27, 70-16, 70-21, 73-3, 76-5, 93-17, 93-20, 93-28, 102-2, 107-20, 117-8, 123-8, 133-3, 133-18, 136-19, 142-14, 148-2, 155-14, 164-2, 164-5, 168-33, 171-3, 171-5 and 171-7.

B. The following sections were added or amended: §§ 17-1, 17-2, 17-3, 17-5, 17-6, 17-10, 17-11, 17-14, 17-23, 29-1, 29-4, 29-5, 29-7, 29-9, 29-11, 32-12, 39-3, 39-4, 59-3, 59-4, 59-7, 59-9, 59-10, 70-3, 73-2, 82-3, 93-15 and 102-1.

In addition, the following sections were deleted: original Sections 8(h) and (i) and 12 of Ord. No. 44, adopted 12-14-48; original Section 3 of Ord. No. 86, adopted 1-1-57.

Article II Violations and Penalties

[Added 4-22-02 by Ord. No. 5-2002]

§ 1-15 Violations and Penalties.

[Amended 7-13-15 by Ord. No. 11-2015]

Any person violating any provision of this Code shall be punishable, upon conviction, by a fine not exceeding two thousand dollars ($2,000.), a term of imprisonment not exceeding ninety (90) days or a period of community service not exceeding ninety (90) days. Any person convicted of violating an ordinance within one (1) year of the date of a previous violation of the same ordinance, 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 exceed the maximum fine for violation of the ordinance as provided herein. The fine for a repeat offense shall be calculated separately from the fine imposed for the violation of the ordinance.[1]

Any person convicted of the violation of any ordinance may, in the discretion of the Court, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.

[1] Editor's Note: Violations of zoning and housing codes shall be subject to the provisions of N.J.S.A. 40:49-5.