[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.
- Shall mean the City of Lambertville in the County of Hunterdon, State of New Jersey.
- CITY COUNCIL
- Shall mean the elected Council of the City of Lambertville.
- CITY OFFICER
- Shall mean any person elected to, appointed to or employed in any position defined by this Code.
- CLERK OR CITY CLERK
- 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.
- GOVERNING BODY
- 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.
- OFFICER OR OFFICIAL
- 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.
- PRECEDING AND FOLLOWING
- Shall mean next before and next after, respectively.
- Shall mean real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the City.
- REAL PROPERTY
- 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.
- SIGNATURE AND SUBSCRIPTION
- 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.
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]
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.
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)
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)
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.
The City Council may arrange, by resolution, for the procedures for the periodic supplementation of the Lambertville City Code.
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.