[New]
This book shall be known and may be cited as the "The Revised
General Ordinances of the Town of Kearny, 1997," and is herein referred
to as the "Revision" or "Code."
[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 Municipal Clerk duly appointed pursuant to
law.
Shall mean an organizational unit of the Town government
established or designated by ordinance or this revision as a department,
together with any agency or instrumentality of the Town government
assigned to such organizational unit by the Town Council.
Shall mean the administrative head of a department.
Shall mean licensed in accordance with the appropriate section
or chapter of this revision.
Shall mean a calendar month unless otherwise specifically
provided.
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 the officer or official shall be construed
as if the words "of the Town of Kearny" followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this revision, 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 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.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Town.
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
Shall include a street, 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.
Shall mean the Town of Kearny in the County of Hudson and
the State of New Jersey.
Shall mean the duly elected members of Council of the Town
of Kearny.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
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.
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 Town 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 hand-writing.
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.
"Chapter" shall mean one of the major divisions of the revision
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 or Arabic number.
[1973 Code § 1-10]
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]
For violation of any provision of this chapter, and any other
chapter of this revision, or any other ordinance of the Town where
no specific penalty is provided regarding the section violated, the
maximum penalty shall, on conviction of a violation, be one or more
of the following: a fine not exceeding $1,250 or imprisonment for
a period not exceeding 90 days; or a period of community service for
a period not exceeding 90 days. (N.J.S.A. 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 Town 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. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or violation.
[New]
The Town 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 by the County jail or place of detention provided
by the Town, for any term not exceeding 90 days, or be required to
perform community service for a period not exceeding 90 days.
[1973 Code § 1-7]
It shall be the duty of the Town 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 the 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 the Code book, at which time such supplements
shall be inserted therein.
[1973 Code § 1-8]
Copies of the Code book containing the Code may be purchased
from the Town Clerk upon the payment of a fee to be set by resolution
of the Town Council, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
[1973 Code § 1-9; New]
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 Kearny 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.
[1973 Code § 42-1]
The seal of the Town of Kearny shall be engraved on silver and
shall be round, of 1 3/4 inches in diameter and 1/4 of an inch
thick, and said seal is described as follows: In the center, the figure
of Major General Philip Kearny is mounted on a horse with both on
a pedestal inscribed "Major General Philip Kearny, 1814-1862"; above
the General, in a semicircle, are the words "Named for a Gallant Leader";
above said words and also in a semicircle are the words "Incorporated
as a Township 1867"; below the pedestal, in a semicircle, are the
words "Incorporated as a Town 1899." Encircling the whole are the
words "Town of Kearny" at the top of the seal and the words "Hudson
County, New Jersey" at the bottom, and two stars on each side.
[1973 Code § 42-2]
The aforesaid described seal, a picture or facsimile of which
is annexed hereto and is available for inspection in the Town Clerk's
office of the Town of Kearny, shall be and is hereby established and
declared to be the common seal of the Town of Kearny.
 |
[Ord. No. 2001-O-45]
The Mayor, members of the Council, the Town Clerk, the Business
Administrator, the Chief Financial Officer, the Town Attorney, the
Tax Assessor, the Tax Collector, the Town Engineer, the Police Chief,
the Fire Chief, all department heads, and others who may hereafter
be designated by resolution of the Mayor and Council, are hereby authorized
to use, exhibit or display a replica or facsimile of the Town Seal
on their business cards and stationary, but only when the same are
used for official Town business.
[Ord. No. 2001-O-45]
No other person or entity is authorized to use the Town Seal
and no other use of the Seal is authorized.
[Ord. No. 2001-O-45]
Neither the Town Seal, or a replica or facsimile of it, may
be used on any political document, newsletter or journal or in connection
with any document, newsletter or journal the preparation or reproduction
of which is paid for with political funds, or the distribution or
promulgation of which is paid for with the political funds.
[Ord. No. 2001-O-45]
Any person or entity not authorized to use, exhibit or display
the Town Seal, who uses, exhibits or displays the Seal, in whole or
in part, or, any person or entity who is authorized to use the Seal,
but uses it in violation of the provisions of this section, shall
be subject to a fine of $500 for each day the violation occurs.
[Ord. No. 2001-O-45]
Notwithstanding any other provision of this section, the Town
Clerk is hereby authorized to give written consent on behalf of the
Town to the use of reproductions of the Town Seal in the preparation
of commemorative items for historical, civic and educational purposes.
Each such consent shall be in writing and shall specify the extent
of each such use to prevent inappropriate or misleading use of the
Seal and to assure a high quality reproduction thereof. The Town Clerk
shall require that every application for such consent be accompanied
by such information and specifications as shall be deemed necessary
to assure compliance. Each application shall be a $10 filing fee and
shall be valid for no longer than one year from the date of issuance.
