[New]
The book shall be known and may be cited as the "Revised General
Ordinances of the Township of Fairfield, 1997" and may be cited as
the "Code" or "Revision".
[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 following terms shall
have the meanings indicated:
Shall mean the Small Municipality Plan of the Optional Municipal
Charter Law, Chapter 210 of New Jersey Laws of 1950, as amended and
supplemented, N.J.S.A. 40:69A-139 through 143, and any and all general
laws as therein defined which are or may be applicable to the Township.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Essex.
Shall mean calendar days.
Shall mean an organization unit or group of organization
units of the administrative branch of the Township government so designated
by the Administrative Code.
Shall mean the Mayor and Township Council of the Township
of Fairfield.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
Shall mean to file, codify, index or preserve.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean any person elected to, appointed to or employed
in any position defined by this Code.
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.
As applied to buildings or land, shall include any person
who occupies the whole or part of such building or land, whether alone
or with others.
And the title of an officer or official shall be construed
as if the words of the Township of Fairfield followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, so long as it is adopted by the
procedure required for the adoption of an ordinance and so long as
it remains in force and effect pursuant to law.
When applied to a building or 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.
Shall mean an individual, natural persons, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations or unincorporated groups; or any officers, agents, employees,
servants, factors of any kind or personal representatives of any kind
thereof in any capacity, acting either for himself or for any other
person, under either personal appointment or pursuant to law.
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 or other public place within the
Township.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
Shall mean and include any act or regulation of the Mayor
and Township Council required to be reduced to writing, but which
may be finally passed at the meeting at which it is introduced.
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
Shall mean and include a mark when the person cannot write.
Shall include an avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk, and crosswalk and every class
of road, square, place or municipal parking field used by the general
public. Street shall be considered to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
As applied to a building or land, shall include any person
who is the lessee of the whole or part of such building or land, whether
alone or with others.
Shall mean the Township of Fairfield in the County of Essex,
State of New Jersey.
Shall mean the elected Council of the Township of Fairfield.
Shall mean any person elected to, appointed to or employed
in any position defined by this Code.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[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 is Sunday, a legal holiday, or a day on which the offices of the
Township are closed, that day shall be excluded.
"Writing" and "written" shall include printing, type-writing
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
"Chapter" shall mean one of the major divisions of this Code
identified by an Arabic number 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.
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.
[1969 Code § 1-12; 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.
[1]
Editor's Note: The penalty clause is in conformance with
N.J.S.A. 40:49-5.
[N.J.S.A. 40:69A-29]
For violation of any provision of this Code, or other ordinance
of the Township of Fairfield, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be one or more of the following:
a fine not exceeding $1,250 for each and every offense, or imprisonment
in the County Jail for not more than 90 days, or to a period of community
service not exceeding 90 days, at the discretion of the Municipal
Court Judge.
[New]
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the Township exists shall constitute a separate violation.
[New]
The maximum penalty stated, in the general penalty clause of
this section is not intended to state an appropriate penalty for each
and every violation. Any lesser penalty, including a nominal penalty
or no penalty at all, may be appropriate for a particular case or
a particular violation.
[N.J.S.A. 40:69A-29]
The Mayor and Township Council may prescribe that, for the violation
of any particular Code provision or ordinance, at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $100.
[N.J.S.A. 40:69A-29]
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation 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, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
If the Township Council chooses not to impose an additional
fine upon a person for a repeated violation of any ordinance or provision
of the Code, the Township Council may waive the additional fine by
ordinance or resolution.
[Ord. No. 91-5; Ord. No. 94-6; Ord. No.
2004-04; Ord. No. 2009-21 § 1]
a.
The following fees have been amended so as to increase the fines
to the amounts specified:
|
Description
|
Fine
|
|---|---|
|
Soliciting without a permit
|
$42
|
|
Littering
|
$32
|
b.
Motor Vehicle Fines. Except where the offense has occurred in a "Safe
Corridor", "65 Miles Per Hour Zone" or "Construction Zone", the following
schedule of motor vehicle fines shall be applicable in the Township
of Fairfield:
|
Title 39: Offense
|
Penalty
| |
|---|---|---|
|
3-4
|
Unregistered vehicle
|
$47
|
|
3-29
|
Failure to exhibit docs.
|
$176
|
|
3-33
|
Unclear Plates
|
$47
|
|
3-66
|
Maintenance of lamps
|
$47
|
|
3-76.2f
|
Failure to wear seatbelt
|
$45
|
|
4-81
|
Failure to observe signal
|
$81
|
|
4-85
|
Improper passing
|
$81
|
|
4-97
|
Careless driving
|
$81
|
|
4-124
|
Failure to turn
|
$81
|
|
4-144
|
Failure to stop or yield
|
$81
|
|
8-1
|
Failure to inspect
|
$126
|
|
8-4
|
Failure to make repairs
|
$126
|
|
4-98
|
Speeding — Exceeding the speed limit by:
| |
|
1-9 MPH
|
$81
| |
|
10-14 MPH
|
$91
| |
|
15-19 MPH
|
$101
| |
c.
The following schedule of Local Ordinance violation fines shall be
applicable in the Township of Fairfield:
|
LOCAL SUPPLEMENTAL VIOLATIONS BUREAU SCHEDULE
| ||
|---|---|---|
|
Ord. No.
|
Offense
|
Penalty
|
|
Parking
|
39:4-138 a-n
|
$47
|
|
L.O. 760
|
Fire Zone Parking
|
$64
|
|
L.O. 666
|
Obstruction of Lane
|
$44
|
|
L.O. 715
|
Overnight Parking
|
$40
|
|
L.O. 45-OA8
|
Impeding Access Lane
|
$44
|
|
L.O. 46-076
|
Restricted Zone
|
$44
|
|
L.O. 799
|
Handicapped Parking
|
$280
|
|
L.O. 97:14
|
Parking in Prohibited Area
|
$53
|
|
L.O. 773
|
No Parking — Snow Plowing
|
$50
|
|
L.O. 777
|
Parking in Fairfield Recreation Complex
|
$37
|
[1969 Code § 1-8]
Any and all additions, amendments or supplements to the "Revised
General Ordinances of the Township of Fairfield", when passed and
adopted in such form as to indicate the intention of the Mayor and
Council to be a part thereof, shall be deemed to be incorporated in
such Code, so that reference to "The Revised General Ordinances of
the Township of Fairfield, 1997" shall be understood and intended
to include such additions and amendments. Whenever such additions,
amendments or supplements to the "Revised General Ordinances of the
Township of Fairfield, 1997" shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the book containing
the Code, as amendments and supplements thereto.
[1969 Code § 1-9]
It shall be the duty of the Township Clerk or someone authorized
and directed by the Township Clerk to keep up-to-date the certified
copy of the book containing the "Revised General Ordinances of the
Township of Fairfield, 1997" which is required to be filed in the
office of the Township Clerk for the use of the public. All changes
in Code and all ordinances adopted by the Mayor and Council subsequent
to the adoption of the Code shall be specifically adopted as a part
of the Code, and shall be included therein by reference until such
changes or new ordinances are printed as supplements to the Code,
at which time such supplements shall be inserted therein.
[1969 Code § 1-10]
Copies of the "Revised General Ordinances of the Township of
Fairfield, 1997" may be purchased from the Township Clerk upon the
payment of a fee to be set by resolution of the Mayor and Council,
who may also arrange by resolution procedures for the sale of the
periodic supplements to the Code.
[New]
It shall be unlawful to improperly change or amend, by additions
or deletions, any part or portion of the Code, or to alter or tamper
with this Code in any manner whatsoever which will cause the law of
the Township to be misrepresented thereby.
