Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 1991-1 § 1-1]
Pursuant to N.J.S.A. 40:49-4, Ordinances of the Borough of Belmar, previously adopted by the Borough Council of the Borough of Belmar, as revised, codified and consolidated into chapters herein, are hereby continued, amended, supplemented and revised and shall consist of Chapters 1 through 35. These ordinances are hereby approved, adopted, ordained and enacted as the "Revised General Ordinances of the Borough of Belmar, 1994" also hereinafter sometimes known and referred to as the "Revision," subject to the provisions of this latest Revision.
[Ord. No. 1991-1 § 1-2]
All ordinances, or parts of ordinances, adopted and enforced on the effective date of this Revision, are hereby repealed as of the effective date of the most recent adopting ordinance of the "Revised General Ordinances of the Borough of Belmar," except as herein provided by being either specifically saved from repeal or specifically amended or continued under this Revision.
[Ord. No. 1991-1 § 1-10]
For the purpose of this Revision and in the interpretation and application of all other ordinances and resolutions heretofore or hereafter adopted by the Borough, the following terms shall have the meanings indicated:
DEPARTMENT
Shall mean an organization unit or group of organization units of the administration branch of the Borough government so designated by this Revision.
GENERAL LAW
Shall mean any law or provision of law, not inconsistent with the ordinances heretofore or hereafter enacted, which is, by its terms, applicable or available to all municipalities, and the following additional laws, whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation, local courts, education, health, public authorities serving more than one municipality and municipalities in unsound financial condition.
MAINTAIN
Shall mean file, codify, index or preserve.
MONTH
Shall mean a calendar month, unless otherwise specifically provided.
MUNICIPAL OFFICER
Shall mean any person elected to, appointed to or employed in any position defined by this Revision.
MUNICIPALITY OR BOROUGH
Shall mean the Borough of Belmar, Monmouth County, New Jersey.
ORDINANCE
Shall mean any and all ordinances of the Borough of Belmar contained in the Revision, on record in the Borough Clerk's office, in force and effect.
SMALL MUNICIPALITY PLAN OF THE OPTIONAL CHARTER LAW
Shall mean Chapter 465 of the Laws of the State of New Jersey of 1981, as amended and supplemented, pursuant to N.J.S.A. 40:69A-26 through 40A:69A-40; 40:69A-115 through 60:69A-117.3; 40:69A-120 through 40:69A-132; 40:69A-150; 40:69A-152; 40:69A-163 through 40:69A-167; 40:69A-168 through 40:69A-196; 40:69A-205 through 40:69A-210 and any and all general laws as therein defined which are or may be applicable to the Borough.
YEAR
Shall mean a calendar year, unless otherwise specifically provided.
[Ord. No. 1991-1 § 1-4]
If any chapter, article, section, subsection, paragraph, subparagraph, sentence, clause or word of the "Revised General Ordinances of the Borough of Belmar" be declared constitutionally invalid, unenforceable or inoperative, in whole or in part, by a court of competent jurisdiction, no such determination shall be deemed to invalidate the remaining provisions of the "Revision." All references to the "Revised General Ordinances of the Borough of Belmar" or "Revision" shall be understood and intended to include any additions, amendments and supplements. Whenever such additions, amendments or supplements to the Revision shall be adopted, they shall thereafter be printed and, as provided herein, inserted in the loose-leaf book containing the Revision ordinance amendments and supplements thereto.
[Ord. No. 1991-1 §§ 1-3; Ord. No. 2003-05; Ord. No. 2006-02 § I]
Unless any other provisions of the "Revised General Ordinances of the Borough of Belmar," (Revision) or State Statutes, provides for a different penalty, violation of any provision of the Revision, where no specific penalty is provided regarding the section violated, the penalty, upon conviction, shall be a fine not exceeding $2,000, or imprisonment for a term not exceeding 90 days and/or a period of community service not more than 90 days, in the discretion of the Court; provided further that for a violation of any particular ordinance at least a minimum penalty of a fine of $100 shall be imposed. Where no specific penalty is provided for the violation of an ordinance 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 $2,500 or a maximum penalty by a fine not exceeding $10,000 in the discretion of the Court.
A fine for a violation of any provision of the Revision regarding housing or zoning codes where the penalty, upon conviction, is an amount greater than $1,250 upon an owner shall require a thirty-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 thirty-day period, a fine greater than $1,250 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.
Any person who is convicted of violating an ordinance within one year of the date of the previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by the Court to an additional fine as a repeat offender. The additional fine imposed by the Court upon the person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, if any, but shall be calculated separately from the fine imposed for the violation of the ordinance.
Any person convicted of the 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 place of detention provided by the Borough, for a term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Except as otherwise provided, each and every day for which a violation of any provision of this Revision, or any other ordinance of the Borough, exists shall constitute a separate violation.
For the following violations, there shall be a minimum fine as set forth hereinafter:
a. 
For any violation of Section 16-3, Noise, a fine of $250;
b. 
For certain violations of Section 22-13, a fine of $300. Refer to Section 22-13 for details; and
c. 
Violations of Code subsection 16-3.9, Fire Alarm, shall have a fine of $50.
[Ord. No. 1991-1 § 1-5]
The Borough Clerk, pursuant to law, shall cause a copy of the adopting ordinance for the "Revised General Ordinances of the Borough of Belmar" to be published in the manner required. Sufficient copies of the "Revised General Ordinances of the Borough of Belmar, 1994" 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 the adopting ordinance, coupled with the availability of copies of the "Revised General Ordinances of the Borough of Belmar," for inspection by the public shall be deemed, held and considered to be due and legal publication of all provisions of the "Revised General Ordinances of the Borough of Belmar" for all purposes.
[Ord. No. 1991-1 § 1-6]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the "Revised General Ordinances of the Borough of Belmar," or to alter or tamper with such Revision in any manner whatsoever which will cause the laws of the Borough of Belmar to be misrepresented thereby.
[Ord. No. 1991-1 § 1-7]
It shall be the duty of the Borough Clerk, or his or her designee authorized or directed by him or her, to keep up-to-date the certified copy of the book containing the "Revised General Ordinances of the Borough of Belmar" required to be filed in his or her office for the use of the public.
All changes in this Revision and all ordinances adopted subsequent to the effective date of this Revision, which shall be adopted specifically as part of the Revision, shall, when finally adopted, be inserted therein by reference. Only such changes or new ordinances which are printed as supplements to such Revision book shall be inserted therein.
[Ord. No. 1991-1 § 1-8]
A copy of the "Revised General Ordinances of the Borough of Belmar," in loose-leaf form, shall be filed in the office of the Borough Clerk and shall remain there for use and examination by the public, and, if the adopting ordinance is adopted such copy shall be certified to by the Borough Clerk 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 Borough Clerk to be made available to persons desiring to examine same during all times while the subject Revision is in effect.
[1]
Editor's Note: Former Section 1-10, Sale of Code Book, previously codified herein and containing portions of Ordinance No. 1991-1 was repealed in its entirety by Ordinance No. 1996-24. See Section 4-4b for fee for purchase of Code Book.
[Ord. No. 1991-1, § 1-10]
a. 
For the purpose of this Revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
1. 
The present tense includes the past and future tenses and the future, the present.
2. 
The masculine gender includes the feminine and neuter.
3. 
The singular number includes the plural, and the plural the singular.
4. 
"Shall" is mandatory and "may" is permissive.
5. 
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, a legal holiday, or a day on which the offices of the Borough of Belmar are closed, that day shall be excluded.
6. 
Whenever a specific time is used in this Revision, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
7. 
Any citation of a statute, law or ordinance contained in this Revision shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in this citation.
8. 
PERSON – Shall mean any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself/herself or for any other person, under either personal appointment or pursuant to law.
[Ord. No. 1991-1 § 1-11]
All ordinances and resolutions heretofore adopted by the Borough and in force and effect on December 31, 1990, shall remain in full force and effect to the extent that they are not inconsistent with the Charter or with this Revision.
[Ord. No. 1991-1 § 1-12]
The arms of the Borough shall be as follows: On the escutcheon a brig in full sail, bow facing viewer, in an ocean setting; in the dexter and sinister cantons of base two dolphins torqued naiant; supporting the escutcheon on the dexter side a cedar branch and on the sinister side a pine branch proper; on the scroll, gules binding the branches, the motto "Duty and Service." Crest-above the escutcheon a setting swan.
The Seal of the Borough of Belmar shall consist of the arms as above described surrounded by a circular band in which shall be the words, "Seal of the Borough of Belmar, New Jersey, 1872."
[Ord. No. 1991-1 § 1-12]
The flag of the Borough shall be a field of Jersey blue upon whose horizontal and vertical axis shall be superimposed a cross of colonial buff. The width of the arms and staff of the cross shall be equal to 1/3 of the width of the hoist.
The arms of the Borough shall be placed in the center of the cross for all official flags.
The size of all flags shall be the same as prescribed for the United States military flags for similar purposes.
[1966 Code § 2-17; Ord. No. 1991-1 § 14]
No payment may be made to a claimant by any insurance company of any claim in excess of $2,500 for fire damages on any real property located within the Borough of Belmar pursuant to any fire insurance policy issued or renewed after the adoption of this section of the Revised General Ordinances by the Borough Council and a filing of a copy thereof with the State Commissioner of Insurance of New Jersey, until such time as all taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search shall have been paid either by the owner or owners of such real property or by the insurance company pursuant to the provisions of N.J.S.A. 17:36-10 or the Borough of Belmar submits to the insurance company a copy of a resolution adopted pursuant to N.J.S.A. 17:36-11.
[1966 Code § 2-17.2]
Before payment of any claim on property, the insurance company pursuant to N.J.S.A. 17:36-8 requires the insured person or persons to secure and submit an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 from the official tax searcher of the Borough, which search shall certify that all taxes, assessments or other municipal liens or charges, levied and assessed and due and payable against that property have been paid, or secure and submit a certified copy of a resolution adopted pursuant to N.J.S.A. 17:36-11.
[1966 Code § 2-17.3]
Such insurance company shall make payment to the Borough of Belmar of the amount appearing on the aforesaid certificate as due to the Borough in excess of $2,500 as provided in N.J.S.A. 17:36-10 or N.J.S.A. 17:36-11.
[1966 Code § 2-17.4]
When a mortgagee is a named insured on the fire insurance policy at the time of loss, his or her claim shall be paramount to municipal liens under this ordinance only to the extent of the amount due and payable to him or her under the mortgage contract, as stated in N.J.S.A. 17:36-12.
[Ord. No. 1991-1 § 14-1]
All references in any prior ordinance or resolution to the Board of Commissioners or to any board, body, committee, commission, department or office prior to Ordinance No. 1991-1 shall be taken and construed to mean such board, body, committee, commission, department, office or officer to which the respective functions, powers and duties are allocated and assigned by this Ordinance No. 1991-1.
[Ord. No. 1991-1 § 14-2; New]
Any function, office or employment not reconstituted or continued by Ordinance No. 1991-1 shall be deemed abolished, except as otherwise provided by law.
[Ord. No. 2007-02 § I; Ord. No. 2009-01 § I]
It is the purpose and intent of the Borough of Belmar to restrict the use of its authority pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. as that law may be amended and supplemented, to exercise the power of eminent domain in order to transfer those properties to a private developer.
[Ord. No. 2007-02 § I; Ord. No. 2009-01 § I]
The Mayor and Council shall not exercise the power of eminent domain pursuant to the Local Redevelopment and Housing Law to acquire any property within a redevelopment area of the Borough for the purpose of selling or transferring such property to a developer or other private entity in furtherance of any redevelopment project.