[1990 Code § 1-1; New]
The book shall be known and may be cited as the "Lambertville
City Code, 2014" and may be cited as the "City Code" or the "Code."
[1990 Code § 1-2; 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 definitions contained
in this section shall apply:
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 City.[1]
Shall mean the City of Lambertville in the County of Hunterdon,
State of New Jersey.
Shall mean the elected Council of the City of Lambertville.
Shall mean any person elected to, appointed to or employed
in any position defined by this Code.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Hunterdon.
Shall mean calendar days.
Shall mean an organization unit or group of organization
units of the administrative branch of the City government so designated
by the Administrative Code.
Shall mean the Mayor and City Council of the City of Lambertville.
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 the City of Lambertville, County of Hunterdon,
State of New Jersey.
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 City of Lambertville 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
City.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
Shall mean and include any act or regulation of the Mayor
and City 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 curbline 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 mean the State of New Jersey.
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 seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[1]
Editor's Note: N.J.S.A. 40:69A-139 through 143 repealed.
See now N.J.S.A. 40:69A-115 through 69A-117.3 and N.J.S.A. 40:16-5.
N.J.S.A. 40:69A-208.1 provides for the continuance of the Mayor-Council
Plan.
[1990 Code § 1-3]
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
City 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 Arabic numbers 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.
[1990 Code § 1-4]
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.
[N.J.S.A. 40:69A-29; N.J.S.A. 40:49-5]
a.
For violation of any provision of this Code or other ordinance of
the City of Lambertville unless a specific penalty is otherwise provided
in connection with the provision violated, the maximum penalty upon
conviction of the violation shall be by one or more of the following:
imprisonment in the County Jail or in any place provided by the City
for the detention of prisoners for any term not exceeding 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
b.
Unlawful Solid Waste Disposal. The City Council may prescribe that
for the violation of an ordinance or Code provision 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.
The City Council may prescribe that for the violation of any
particular provision of the Code or of any particular 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)
The Court before which any person is convicted of violating
any ordinance or Code provision shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum fixed in the Code or in
such ordinance. (N.J.S.A. 40:49-5)
Any person who is convicted of violating this Code or an ordinance
within one year of the date of a previous violation of the same provision
of this Code or of the same ordinance and who has paid the fine for
the previous violation shall be subject 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 or Code provision,
but shall be calculated separately from the fine imposed for the violation
of the ordinance or Code provision and shall be calculated separately
and in addition to the fine imposed for violation of the ordinance
or Code provision.
If the City Council chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision, the City Council may waive the additional fine
by ordinance or resolution. (N.J.S.A. 40:49-5)
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 City, for any term not exceeding 90 days, or be required to
perform community service for a period not exceeding 90 days. (N.J.S.A.
40:49-5)
If the City Council chooses to impose a fine in an amount greater
than $1,250 upon an owner for violations of housing or zoning codes,
the City shall provide a thirty-day period in which the owner shall
be afforded the opportunity to cure or abate the condition which is
in violation 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.
(N.J.S.A. 40:49-5)
If provided by specific ordinance or in the Code, each and every
day in which a violation of any provision of this Code or any other
ordinance of the City of Lambertville exists shall constitute a separate
violation. (N.J.S.A. 40:49-5)
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 or violation. (N.J.S.A. 40:49-5)
[New]
The provisions of this Code, so far as they are in substance
the same as those ordinances existing on the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
It shall be the duty of the City Clerk to keep up-to-date the
certified copy of the book containing "The Lambertville City Code,
2014" required to be filed in the Office of the City Clerk for use
by the public. All changes in the Code and all ordinances adopted
by the City Council subsequent to the adoption of the Code, which
the City Council shall adopt specifically as a part of the Code, shall,
when finally adopted, be included herein by reference until such change
or new ordinances are printed as supplements to the Code, at which
time such supplements shall be inserted therein.
The Code, when so published and certified to by the seal of
the City of Lambertville shall be received in all courts of this State
as evidence of the ordinances contained in such compilation and revision
as fully as if the original ordinances were produced. (N.J.S.A. 40:49-4)
[New]
Any and all additions, amendments or supplements to the Lambertville
City Code, when passed and adopted in such form as to indicate the
intention of the City Council for them to be a part thereof, shall
be deemed to be incorporated into such Code, so that reference to
the "Lambertville City Code," shall be understood and intended to
include such additions and amendments. Whenever such additions, amendments
or supplements to the Lambertville City Code shall be adopted, they
shall thereafter be printed and, as provided herein, inserted in the
loose-leaf book containing the Code, as amendments and supplements
thereto.
[New]
The City Council may arrange, by resolution, for the procedures
for the periodic supplementation of the Lambertville City Code.
[New]
It shall be unlawful for any person to improperly change, amend or alter this Code, without authorization as provided by law, for the purpose of causing the law of the City of Lambertville to be misrepresented by such action. Any person violating this provision shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
