[Adopted 11-8-1976 by Ord. No. 76-10]
Be it ordained by the Mayor and Council of the Borough of Neptune
City, in the County of Monmouth and State of New Jersey:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough
of Neptune City, of a general and permanent nature, adopted by the
Mayor and Council of the Borough of Neptune City, as revised, codified
and consolidated into chapters and sections by General Code Publishers
Corp. and consisting of Chapters I through 140, together with an Appendix,
are hereby approved, adopted, ordained and enacted as the "Code of
the Borough of Neptune City," 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 adoption and publication according to law.
A copy of the Code in loose-leaf form has been filed in the
office of the Borough 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 Borough of Neptune City by impressing thereon
the seal of the borough, as provided by law, and such certified copy
shall remain on file in the office of the Clerk of the Borough of
Neptune City, 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
Borough of Neptune City 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 Borough of Neptune City, 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 borough. 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 use by
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, who 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 Borough of Neptune City 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 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 June 28, 1976.
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 borough'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.
Any ordinance authorizing intermunicipal or intergovernmental agreements
between the Borough of Neptune City and any other governmental unit
or agency.
L.
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.
M.
The Zoning Ordinance, Ordinance No. 45-2, adopted 11-26-1945, and
any amendments thereto.
N.
Any ordinance regulating traffic or parking.
O.
Ordinance No. 75-1, adopted 1-27-1975, an agreement concerning community
development revenue sharing, and any changes, revisions or amendments
thereto.
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.)[1]
(1)
In accordance with the revision of the statutory provisions concerning
local municipal courts, the term "Magistrate" or "Municipal Magistrate"
or other similar title is changed to "Judge" or "Municipal Judge"
wherever it may appear in the Code of the Borough of Neptune City.
(2)
The
following penalty sections are added or amended to read as follows:
[Amended 11-10-2003 by Ord. No. 2003-11[2]]
(a)
Violations and maximum penalties. Any person in violation of
any provisions of this chapter (or Article), shall upon conviction
thereof, be subject to one or more of the following at the discretion
of the court: imprisonment in the county jail or in any other place
provided by the municipality for the detention of prisoners, for any
term not exceeding 90 days; or by a fine not exceeding $1,250; or
by a period of community service not exceeding 90 days.
(b)
Repeat offenders. 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 repeated
offense shall not be less than the minimum, if applicable, 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.
(c)
Separate violations. Each and every day in which the violation
of any provisions of this chapter or any other ordinance of the Borough
of Neptune City exists shall constitute a separate violation.
[1]
Editor's Note: The following additions, amendments and deletions were made to the code pursuant to § 1-14B. A complete description of these changes is on file in the office of the Borough Clerk-Tax Collector.
A. The following sections were added or amended: §§ 24-3, 39-21, 39-22, 39-23, 39-24, 39-25, 41-5A and C, 41-6A, 41-7B and C, 43-14, 43-15, 43-16, 43-32B, 52-2G, 56-2, 64-1, 64-5B, 64-11A, 72-4E, 72-13F, 72-19, 79-4A, 84-4, 84-5, 84-6, 89-1, 101-2, 101-3, 101-4, 122-3, 122-4, 122-8, 137-4, 137-7 and 137-10.
B. The following sections were repealed:
(1) Section 12 of Ord. No. 39-3, adopted 6-7-1939.
(2) Section 5(b) of Ord. No. 48-2, adopted 2-23-1948.
(3) Section 16(c) of Ord. No. 41-7, adopted 12-5-1941, as
amended 1-23-1950 by Ord. No. 50-1.
(4) Section 7, second unnumbered paragraph, of Ord. No. 66-7,
adopted 12-27-1966.
