[1978 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Sparta, 1999" and is herein referred
to as the "Revision" or "Code."
[1978 Code § 1-2; New]
For the purpose of this Revision and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
Shall mean the provisions of the Optional Municipal Charter
Law, L. 1950, c. 210, as amended (N.J.S.A. 40:69A-1 et seq.) applicable
to that form of government provided therein known as "Council-Manager
Plan B."
Shall mean the Municipal Clerk duly appointed pursuant to
law.
See Township Council.
Shall mean the County of Sussex.
Shall mean any law or provision of law, not inconsistent
with the Optional Municipal Charter Law 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.
Shall mean the Township Council of the Township of Sparta
elected pursuant to Council-Manager Plan B of the Optional Municipal
Charter Law, consisting of five elected Councilmen.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the person appointed by the Township Council as
Municipal Manager of the Township pursuant to the Charter, or the
person duly authorized pursuant to the Charter to perform his duties
during the temporary absence or disability of the Manager.
Shall mean the Township of Sparta in the County of Sussex.
Shall mean that body of statutory law containing revisions
of the Revised Statutes of New Jersey and known as the New Jersey
Statutes, as amended and supplemented.
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.
And the title of an officer or official shall be construed
as if the words of the Township of Sparta followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, so long as it shall have been adopted
by the procedure required for the adoption of an ordinance and so
long as it shall remain 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 any 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 any and every public ground, public square, public
park or other public place within the Township which is within the
jurisdiction and control of the Township, and which is or may be in
general use by all citizens, and in which all have an equal right
of passage and repassage at will.
Shall mean any portion of a street or highway between the
curbline and the adjacent property line, intended for the use of pedestrians.
Shall mean the State of New Jersey.
Shall include a street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert, sidewalk, footpath and crosswalk,
and every class of road, square, place or municipal parking field
used by the general public.
When applied to a building or land, shall include any person
who occupies the whole or part of such building or land, whether alone
or with others.
Shall mean the Township of Sparta in the County of Sussex
and State of New Jersey.
Shall mean the local legislative body of the Township constituted
and elected pursuant to the Charter or code and designated as the
Municipal Council of the Township of Sparta.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[1978 Code § 1-3; New]
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require,
the following information is provided. Technical words and phrases,
and words and phrases having a special or accepted meaning in the
law, shall be construed in accordance with such technical or special
or accepted meaning.
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter, and may
refer to firms, associations, bodies corporate, and other artificial
persons.
The singular number includes the plural and the plural, the
singular.
Preceding shall mean next before; following shall mean after.
Shall is mandatory and may is permissive.
The time within which an act is done shall be computed by excluding
the first and including the last day, and if the last day be a Sunday
or 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, typewriting and
any other mode of communication using paper or similar material which
is in general use, as well as legible handwriting.
And may be construed as meaning or, and or as and, if the sense
requires and indicates such meaning.
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
Revision shall be deemed to refer to such Statute, law or ordinance
as amended, whether or not such designation is included in the citation.
Chapter shall mean one of the major divisions of the revision
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 or Arabic number.
[1978 Code § 1-4; 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.
[New; Ord. No. 06-12 § 1]
Any person who shall violate any provision of this Code or other
ordinance of the Township, where no specific penalty is provided regarding
the section violated, shall, upon conviction thereof, be punishable
by one or more of the following: a fine not exceeding $2,000 or imprisonment
for a period not exceeding 90 days or to a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court. (N.J.S. 40:49-5)
[New]
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter or any other ordinance
of the Township exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case of violation.
[New]
The 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. 40:49-5).
[New]
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 to
an additional fine as a repeat offender. The additional fine as imposed
upon a person for repeated offense shall not be less than the minimum
or exceed the maximum fine imposed for a violation of the ordinance,
but shall be calculated separately from the fine imposed for the initial
conviction of violating the ordinance.
[New]
Any person convicted of the violation of any provision of this
Code or 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 Township, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[Ord. No. 03-13 § 1; Ord. No. 04-15]
The following local supplemental Violations Bureau fine schedule
is adopted as follows:
|
TRAFFIC SECTION
DESIGNATED OFFENSE
| ||
|---|---|---|
|
Ordinance Number
|
Short Description
|
Amount
|
|
7-7.2
|
Parking during state of emergency (weather)
|
$28
|
|
7-7.3
|
Temporary parking prohibition for snow plowing
|
$28
|
|
7-14.1
|
Parking prohibited certain hours
|
$28
|
|
7-17
|
Trucks over 4 tons excluded from certain streets
|
$63
|
|
7-35.1
|
Handicapped parking on street
|
$278
|
|
7-35.2
|
Handicapped parking in municipal lots and board of education
properties
|
$278
|
|
7-35.3
|
Handicapped parking on private property open to public (retail)
|
$278
|
|
7-35.4
|
Handicapped parking on all other private property
|
$278
|
|
7-37.1
|
Illegal parking at Sparta High School
|
$28
|
|
9-8
|
Illegal parking at Township Parks
|
$28
|
|
16-2
|
Parking, stopping standing or obstructing fire lanes
|
$28
|
|
NON-TRAFFIC SECTION
DESIGNATED OFFENSE
| ||
|---|---|---|
|
Ordinance Number
|
Short Description
|
Amount
|
|
5-2.3
|
Unlicensed dog
|
$40 — 1st offense
$105 — 2nd offense
$155 — 3rd offense
|
|
5-2.4
|
Removal of tag (dog)
|
$15 — 1st offense
$30 — 2nd offense
$40 — 3rd offense
|
|
5-4.1
|
Disturbing the peace - barking, crying (dog)
|
$55 — 1st offense
$105 — 2nd offense
$255 — 3rd offense
|
|
5-4.2
|
Running at large (dog)
|
$55 — 1st offense
$105 — 2nd offense
$255 — 3rd offense
|
|
5-4.3
|
Dog control/leash
|
$30 — 1st offense
$55 — 2nd offense
$105 — 3rd offense
|
|
5-5.2
|
Defecation on private property
|
$55 — 1st offense
$105 — 2nd offense
$255 — 3rd offense
|
|
5-5.3
|
Defecation on public property
|
$55 — 1st offense
$105 — 2nd offense
$255 — 3rd offense
|
|
5-5.4
|
Defecation on owner's property
|
$52 — 1st offense
$102 — 2nd offense
$252 — 3rd offense
|
|
5-12.1
|
Unlicensed cat
|
$37 — 1st offense
$52 — 2nd offense
$102 — 3rd offense
|
|
5-12.1
|
Failure to vaccinate cat
|
$37 — 1st offense
$52 — 2nd offense
$102 — 3rd offense
|
|
5-12.2
|
Failure to display tag (cat)
|
$12 — 1st offense
$27 — 2nd offense
$37 — 3rd offense
|
[New]
It shall be the duty of the Municipal Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the Code required to be filed in the office of
the Clerk for the use of the public. All changes in the Code and all
ordinances adopted subsequent to the effective date of this codification,
which shall be adopted specifically as part of the Code, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to the Code book, at which time
such supplements shall be inserted therein.
[New]
Copies of the Code book containing the Code may be purchased
from the Municipal Clerk upon the payment of a fee to be set by resolution
of the Township Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
[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 of Sparta to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalty stated in Section 1-5, Penalty, of this chapter.
[1978 Code § 1-5]
The Seal heretofore provided and used by and for the Township
as its official seal is hereby continued as the official seal of the
Township.
