[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus: Article I, 5-14-74. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Town of Secaucus, of a general and permanent nature, adopted by the Mayor and Council of the Town of Secaucus, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through 136, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Secaucus," 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.
All provisions of this ordinance and the Code shall be in full
force and effect after final adoption and publication as required
by law.
A copy of the Code in loose-leaf form has been filed in the
office of the Town 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 Town of Secaucus by impressing thereon the seal
of the town, as provided by law, and such certified copy shall remain
on file in the office of the Clerk of the town, to be made available
to persons desiring to examine the same during all times while the
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
Town of Secaucus" 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
the said Code, as amendments and supplements thereto.
The Clerk of the Town of Secaucus, 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 town. 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 him, to keep up-to-date the certified copy of the book
containing the Code required to be filed in his 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.
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Mayor and Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
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 Town of Secaucus to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $500 or imprisonment for
not more than 90 days, or both, 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.
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.
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 January 22, 1974.
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 grade, changing 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 town'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; establishing workdays and
working hours of certain employees; and providing for holidays and
vacations for employees and keeping of employment records.
L. Any ordinance making any change or revision in the Zoning Map.
M. Any ordinance regulating traffic or parking.
N. Ordinance No. 39, adopted May 15, 1917, providing for a special election
to decide whether the Borough of Secaucus shall become incorporated
as a town.
O. An ordinance adopted January 13, 1970, providing that all bonds heretofore
authorized by the town shall bear interest at a rate per annum within
the limitations provided by law.
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 Mayor and 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 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.)
[N.J.S.A. 40:49-5]
A. Maximum penalty. For violation of any of the provisions of this code,
or any other ordinance of the Town of Secaucus, 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 $2,000, imprisonment
in the county jail for a period not exceeding 90 days, or a period
of community service not exceeding a period of 90 days.
[Amended 11-24-15 by Ord. No. 2015-47]
B. Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this code or any other
ordinance of the Town of Secaucus exists shall constitute a separate
violation.
C. Application. 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.
D. Minimum penalty. The governing body 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.
E. Repeat offender. 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 repeat 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.
[Added 11-24-15 by Ord. No. 2015-47]
[During the process of codification, and prior to the adoption of the ordinance appearing as Article I of this chapter, certain new ordinances of the town were adopted by the Mayor and Council for inclusion in the Code of the Town of Secaucus. Such new enactments are noted in the histories of individual chapters by the phrase "Adopted during codification; see Ch. 1, General Provisions, Article II." During the course of normal supplementation, specific dates of adoption will be inserted where pertinent in the text of the various chapters.
The enumeration appearing below lists each chapter and,
where applicable, each Article affected by any such legislation adopted
during codification.]
Chapter and Article
|
Adoption Date
|
---|
Ch. 23, Article IV: Attorney, Town
|
5-14-74
|
Ch. 23, Article V: Attorney, Assistant Town
|
5-14-74
|
Ch. 23, Article VIII: Clerk, Court
|
5-14-74
|
Ch. 23, Article X: Clerk, Violations
|
5-14-74
|
Ch. 23, Article XI: Collector, Town Tax
|
5-14-74
|
Ch. 23, Article XII: Court Officer
|
5-14-74
|
Ch. 127, Vehicles and Traffic
|
5-14-74
|