[Ord. No. 691 A1 § 1]
As used in this chapter:
Shall mean any person who engages, either through himself
or by an agent or contractor, in a land subdivision or the construction
of two or more buildings within the Borough, or undertaking any project
involving the construction or improvement of any street.
Shall mean the Director of the Department of Public works
appointed by the Borough, or such person or persons as shall succeed
to that office, powers and duties.
Shall mean the runoff, natural or otherwise, of any surface
or underground water including, but not limited to, rainfall.
Shall mean the owner, tenant, lessee or person in charge
of or in control of, or in possession of any building or premises,
or part t hereof, or of any personal property.
Shall mean the person, firm or corporation having the legal
title to lands and premises or to personal property.
Shall mean that portion of the street lying between the curb
lines.
Shall mean the pavement between the curbline and street line.
Shall mean the area between the curbline and the street line,
whether paved or unpaved.
Shall mean any dedicated public thoroughfare, road, avenue
or highway, whether accepted or unaccepted, including the sidewalk
area.
Shall mean the dividing line between the street and the lot.
[Ord. No. 683 A2 §§ 1
— 3]
a.
No permit authorized by this section shall be granted except pursuant
to a written application signed by the person desiring the permit,
or his/her agent, which application shall set forth such facts as
are hereinafter required by the provisions of this section.
b.
In case any permit shall be refused by any officer authorized to
issue the same, an appeal of such a determination may be taken to
the Mayor and Council; and the Mayor and Council, after hearing the
applicant and the officer and such other evidence as may be produced,
may either direct the issuance of such permit or sustain the refusal
of the officer.
c.
No permit shall be issued until the fee therefor shall have been
paid to the officer authorized to issue such permit. The permit fee
for all work started prior to the issuance of a permit covering same
shall be twice the regular fee as herein required.
[Ord. No. 683 A3 §§ 1
— 8]
a.
No street or public way shall be improved by any person until permission
shall have been granted by resolution of the Mayor and Council upon
formal application in writing as herein provided, accompanied by three
complete sets of plans, maps, profiles and specifications for the
project. It shall be within the discretion of the Mayor and Council
to refuse permission to improve any street, highway or public way
unless the same is proposed to be fully improved by grading, the construction
of sanitary sewer mains and laterals, storm sewers and catchbasins,
gas and water mains and laterals, curbs, sidewalks and pavement therein.
b.
The plans, maps, profiles and specifications shall be referred to
the Borough Engineer, who shall submit his report and recommendations
to the Mayor and Council before approval is granted. All construction
work shall be done under the general supervision of the Borough Engineer,
and the applicant shall agree to pay his supervision and inspection
fees.
c.
In the construction of new streets, the applicant shall, as a part
of the improvement, install and pay for street name signs to be installed
at such places as may be designated by the Director of Public Works;
and shall likewise plant shade trees in the sidewalk area at a location
to be determined by the Director of Public Works.[1]
d.
The maps, plans and specifications shall indicate surface contours
of the surrounding land, and shall make proper provision for the drainage
and runoff of rainfall and surface waters from such lands and streets,
indicating the place where the same will be eventually deposited or
discharged.
e.
No permit shall be issued for the improvement of any street unless
and until adequate provisions are indicated on the map or plans for
the proper drainage and disposition of surface water therefrom.
f.
The applicant shall, prior to the issuance of a permit, enter into
an agreement with the Borough, setting forth his/her entire undertaking
in connection with the improvement. All legal charges in connection
with the preparation of the agreement and the approval of the bond
shall be paid by the applicant. The provisions of the agreement shall
be substantially as follows:
1.
That the applicant shall agree to construct the required improvements
in the street or streets.
2.
That the applicant shall furnish a bond of a surety company authorized
to do business in the State of New Jersey, in an amount agreed upon
by the Mayor and Council, to insure the installation of the improvements
and the performance of the agreement.
3.
That all work shall be done in a competent and workman-like manner
within a specified period of time.
4.
That the applicant shall agree to comply with the ordinances of the
Borough of Tenafly and the laws of the State of new Jersey in the
performance of the work, and also shall agree to insure against liability
for injury or death by accident to his/her employees employed upon
the work as required by the laws of the State of New Jersey.
5.
That the applicant shall agree to maintain the improvement for a
period of one year after completion and acceptance by the Borough
and to repair or rectify all defects, sinking wear and tear, washouts
or any other condition detrimental to such streets during that period.
g.
No street shall be deemed accepted by the Borough until it has been
completely and fully improved and accepted by ordinance.
1.
The Borough Engineer shall make a final inspection of completed streets
immediately upon being notified by the developer of their completion,
and report his/her findings in writing to the Mayor and Council.
2.
The approval of the construction shall be by resolution of the Mayor
and Council.
3.
After approval, as above set forth, the developer shall deposit with
the Borough an amount sufficient to defray the costs of drawing, publishing
and recording of the ordinance accepting the street or improvement.
4.
The Mayor and Council shall, upon being satisfied that all of the
prerequisites herein provided have been met, introduce an acceptance
ordinance.
5.
The passage of an acceptance ordinance shall not in any way be deemed
to release the developer from any of the provisions of his/her contract
or from the obligations of his/her bonds.
h.
The provisions of this chapter shall not apply to any general improvement
work undertaken by the Borough itself.
[Ord. No. 691 A4 § 1; Ord. No. 983 §§ 1, 2; Ord. No. 93-01 § 1]
All permits required by this section shall be issued by the
Borough Clerk following approval of the application by the Director
of Public Works and the submission by the applicant of a bond running
to the "Mayor and Council of the Borough of Tenafly" or in lieu thereof
a cash bond in the amount sufficient to defray the cost of replacing
the pavement excavated in case the applicant fails to replace such
pavement in a manner acceptable to the Director. The minimum amount
of either bond shall be $750. Upon the issuance of such a permit the
Borough Clerk shall notify the Chief of Police of the character of
the work authorized.
[Ord. No. 691 A4 § 2; Ord. No. 983 §§ 1, 2; Ord. No. 07-17 § 1]
It shall be unlawful for any person to make any street opening
in or tear up or disturb the surface of the roadway of any street,
park, or public place without securing a written permit from the Borough
for each separate undertaking; provided, however, that any public
utility corporation having pipes, conduits or rails in any public
street or place may proceed with an opening without a permit when
emergency circumstances demand the work to be done immediately, provided
notice is given to the Borough Engineer describing the emergency nature
of the work and further provided that the permit could not reasonably
and practically have been obtained beforehand. The person shall thereafter
apply for a permit on the first regular business day on which the
Office of the Borough Clerk is open for business; said permit shall
be retroactive to the date when the work was done.
[Ord. No. 691 A4 § 3; Ord. No. 983 §§ 1, 2; Ord. No. 93-01 § 1; Ord. No. 2014-17]
The following permit fees are established and shall be paid
to the Borough Clerk before the permits are issued, for opening any
road paved with Portland cement concrete, bituminous concrete, bituminous
penetration macadam, water-bound macadam with or without bituminous
dressing or asphalt surface treated pavement, $15 per square yard
or fraction thereof; minimum nonrefundable fee $150. For opening any
unimproved road, $10 per square yard or fraction thereof; minimum
nonrefundable fee of $50.
[Ord. No. 691 A4 § 3; Ord. No. 983 §§ 1, 2]
The person, firm or corporation to whom such permit is issued
shall guard the excavation or excavations by suitable barricades and
warning signs by day and suitable barricades and lights by night until
the excavation is safely closed. It is the responsibility of the permittee
to maintain such road opening in a safe condition for traffic until
such time as he/she replace the pavement and the pavement replacement
shall have been approved by the Director of Public Works.
[Ord. No. 691 A4 § 4; Ord. No. 983 §§ 1, 2]
The permit for any such excavation shall state the maximum time
allowed for the completion of the excavating, and the back-filling
shall be completed within the time stated in such permit. The material
to be used for such back-fill shall be earth, or earth and crushed
stone in event quantities. No stone larger than six inches in diameter,
and no shale rock shall be used for such purpose. It shall be within
the discretion of the Director of Public Works to require crushed
stone dust if, in his/her opinion, the available earth fill is unsuitable.
No more than six inches of material shall be back-filled at one time.
Upon back-filling an amount not exceeding six inches, the same shall
be thoroughly moistened and tamped and thoroughly compacted before
any further back-fill is placed. It shall be within the discretion
of the Director of Public Works to require tamping by means of a pneumatic
ram tamper in place of the puddling method. The back-filling shall
be continued until the top thereof, after being thoroughly tamped,
shall be one inch higher than the surface of the pavement. All excess
materials shall be removed. Immediately upon the completion of the
back-filling the Director of Public Works shall be notified, and it
shall be his/her duty to make an inspection of the work for compliance
with the provisions of this section. The excavated pavement shall
be replaced by the permitted upon notification of the Director of
Public Works, who after completion of the pavement replacement shall
make a final inspection and immediately notify the Borough Clerk in
writing of his/her approval in order that the bond may be returned.
[Ord. No. 691 A5 § 5; Ord. No. 983 §§ 1, 2]
Whenever possible, excavations shall be made on either side
of the pavement, and pipes to be laid shall be driven from one excavation
to the other so as not to disturb the pavement. No boring or tunneling
under the pavement of any road shall be done except by special permission
of the Director of Public Works, and under his/her personal supervision.
When necessary to excavate across the entire roadway of any road,
the work shall be performed so that at least one-half of such roadway
shall remain open to traffic. No person shall permit any street or
road to be closed to travel by reason of any excavation made there
in pursuance of this Section.
[Ord. No. 691 A5 § 6; Ord. No. 983 §§ 1, 2]
Any public utility corporation having the lawful right to construct
or maintain pipes, conduits or tracks in any public street or place
may file with the Borough Clerk a bond running to "The Mayor and Council
of the Borough of Tenafly," in the sum of $1,000 conditioned for the
making of all excavations in accordance with the provisions of this
section, and further conditioned that it will restore the pavement
of any roadway excavated, torn up or disturbed by it or under its
authority to the satisfaction of the Director of Public Works, within
five days after notice from such Director of Public Works, and that
in case of its failure so to do, it will upon demand pay to the Borough
the cost of restoring such pavement, also to pay a fee of $2 for each
opening within 30 days after each such opening. Such bond shall be
renewed each calendar year. The corporation, upon filing such bond,
shall be entitled to make excavations for the purpose of construction
or maintenance of its pipes, conduits or tracks for a period of one
year.
[Ord. No. 07-17 § 2]
No permit shall be issued by the Borough Clerk to any person which shall allow an excavation or opening in a paved and improved street surface less than five years old, unless the applicant can clearly demonstrate to the Borough Administrator that public health or safety requires that the proposed work be permitted or unless an emergency condition exist. If by resolution adopted by the Borough Council a permit is issued to open any paved and improved street surface less than five years old, a penalty charge shall be made for opening, except that the penalty may be waived by resolution of the Mayor and Council in the event the work is of an emergency nature. The penalty charge shall be on a sliding scale and shall be equal to 2% of the cost of restoring the opening for each unelapsed month or fraction thereof of the five year restricted period. No work shall be performed in connection with a street opening permit issued pursuant to this section before 9:00 a.m. and all work shall be completed and any excavation trenches shall be closed or covered by 4:00 p.m., unless emergency conditions exist as described in subsection 20-4.2 herein above.
[Ord. No. 601 A8 §§ 1
— 18, 20, 21]
a.
No person shall permit any building, structure, erection or any part
thereof, to encroach upon or extend over, under or into any public
street or public place, excepting as permitted and authorized in this
section.
b.
The owner of every building, structure or erection, which either
in whole or in part, encroaches upon or extends over, under to into
any public street or place, shall cause such encroachment to be removed
within 10 days after receiving written notice from the Director of
Public Works so to do. Every day that such owner shall fail, refuse
or neglect to comply with that order after the expiration of the period
of 10 days, shall constitute a separate and distinct violation of
this section.
c.
No person shall obstruct or permit the obstruction of any street
or public place by the storage or placing of any building material
or other material or merchandise thereon and permitting the same to
remain longer than is necessary to convey the same on or into private
property, unless a permit shall be obtained from the Borough Clerk.
No permit shall be granted which permits the use or obstruction of
more than one-quarter of the width of the roadway of such street or
public place at any point.
The application for the permit shall state the kind and character
of material to be stored or placed in such public street or place,
the exact location where the same is to be stored or placed, and the
maximum length of time that such obstruction shall continue. The Director
of Public Works may impose conditions in any permit issued under this
section with respect to keeping the sidewalk open for travel and any
other conditions which he/she shall deem proper in the interest of
the public safety and convenience. The fee for such a permit shall
be $2. The permit shall be kept posted in a conspicuous place on or
near the material, and shall be kept there so as to be readily accessible
to inspection.
d.
No cellarway or hoistway shall be constructed in any public street
without a permit issued by the Borough Clerk. The fee for such permit
shall be $5. No permit shall be granted for any cellarway or hoistway
which extends into the street more than five feet from the property
line. All such cellarways or hoistways shall be covered with iron
doors flush with the sidewalk, and when opened shall at all times
be protected by either guard rails or chains. No cellarway or hoistway
shall remain open so that the sidewalk or street is obstructed for
a longer period than is necessary for the reasonable use thereof.
e.
No person shall move any building or structure across, along or through
any street or public place without obtaining a permit from the Borough
Clerk. The fee for such permit shall be $50.
A deposit of $50 in cash shall accompany any application. From
this amount an inspection fee of $4 will be charged for each inspection
necessary prior to and during the moving of such building, and also
regardless of whether permit is granted or rejected; the number of
such inspections to be left to the judgment of the Department of Public
Works. If, in the judgment of the Department of Public Works, a larger
deposit is necessary, applicant will be so informed and must deposit
that additional amount before further action will be taken on such
application.
1.
An applicant shall fill out all questions in detail on the regular
application blank and give all information necessary relating to the
moving, without any attempt to minimize the hazards connected therewith.
2.
It shall be required that the Construction Official shall cause a
proper examination to be made of the building to see that same is
substantial in every respect for the purpose of moving. The place
from which the building is to be moved and the place where the building
is to be located are to be approved by the Borough authorities so
that the applicant may meet all the requirements of the zoning law
or any zoning ordinance which may then be in force.
3.
Permits in writing must be obtained from the utility corporations
whose appliances may be interfered with, as the Borough does not assume
any responsibility for damage to poles, wires, cross arms, street
lights, automatic signals or other structures which may be damaged
by such moving.
4.
No wedge, bar or spike shall be driven into the surface of streets,
and no trees shall be cut, trimmed or in any way interfered with and
no Borough property shall be used except special permission, in writing,
is granted by the Department of Public Works and full responsibility
for any damage thereto is accepted by the applicant for a permit.
No building which is to be on the Borough streets more than
five days shall be moved over any Borough street unless the detour
which may be required on a Sunday or holiday is conveniently located
and in proper condition.
The owner and the contractor moving the building shall jointly
and severally be responsible to the Borough for the moving of any
building, and both shall save the Borough harmless from all damage
of every kind and assume full liability for all damages.
5.
The time of moving must be so arranged as to cause the least inconvenience
to the public at large. This time shall be specified in the permit
and shall be strictly adhered to. All other requirements specified
in the permit which are not part of these rules shall also be adhered
to, and any deviation therefrom shall mean revocation of the permit.
The route to be taken shall be specified in the permit.
6.
Under no circumstances shall an applicant begin moving operations
until a permit, in writing, is secured.
f.
No person shall place any sign or advertisement, or other matter
upon any pole, tree, curbstone, sidewalk or elsewhere, in any public
street or public place, excepting such as may be authorized by this
or any other ordinance of the Borough.[1]
g.
No person shall injure, deface, obliterate, remove, take down or
disturb, or in any other manner interfere with or disturb any signboard
containing the name of any street or public place, or any bulletin
board, or sign or notice erected, posted or placed, bearing the name
of the Mayor and Borough Council or any office of the Borough.
h.
No person, firm or corporation shall place or permit to be placed
any ashes, garbage, dirt, paper, tree limbs or branches, garden refuse
or other waste material upon any street or public place; provided
that clean ashes or sand may be placed upon ice which has formed upon
any sidewalk.
i.
No person, firm or corporation shall burn any leaves or other waste
material or cause same to be burned upon any street or public place.
j.
No person shall throw or place, or permit or aid the throwing or
placing of glass, tacks or other sharp substance upon any public street
or public place.
k.
No person shall remove, displace, break or change any sign or lights
or signals set up or placed in any street or public place as a warning
of danger, or indicating an excavation or obstruction, or showing
that any street or public place is closed to traffic; and no person
shall, between the hours of sunset and sunrise, extinguish any light
used for any of those purpose.
l.
No person shall open any manhole or remove the cover thereof, unless
such opening shall be guarded by a guard rail, and shall be so marked
by both day and night as to be plainly seen at a distance of 50 feet,
which guard rail shall be maintained so long as such manhole shall
remain opened or uncovered.
m.
No person shall coast by sleigh or sled upon any street, unless such
street or the portion thereof used for coasting shall be closed to
vehicular traffic.
n.
The Police Chief of his designee may close any street or public place
or section thereof to public traffic the purpose of repairing, constructing
or reconstructing the same. The Mayor and Borough Council may be resolution
designate certain street or portions t hereof upon which coasting
by sleigh or sled will be permitted at certain times of the day, and
may direct that such street or portion thereof shall be closed to
vehicular traffic during such hours. When any street or public place
or portion thereof is closed, there shall be a sign at each end of
the portion closed, plainly visible to approaching traffic, reading
substantially as follows: "STREET CLOSED." No person shall drive or
cause to be propelled any vehicle over that street or portion thereof
so closed and marked. For the purpose of this section a sleigh or
sled used for coasting shall not be construed to be a vehicle.
o.
No person, firm or corporation shall place or erect any electric
light, telegraph, telephone or other pole in or upon any street or
public place except pursuant to permission granted by the Mayor and
Borough Council. No wires shall be run or strung upon any pole at
a distance less than 18 feet from the ground.
p.
No person, firm or corporation shall connect foundation drains, sump
pumps, surface drains or other constant or semi-constant sources of
water into the gutter of any street or public place.
q.
It shall be the responsibility of the Department of Public Works
to maintain the pavement and to clear snow from all streets and thoroughfares
which have been accepted by ordinance duly adopted by the Mayor and
Borough Council. The Public Works Department shall not undertake the
maintenance or snow removal upon any street or highway which has not
been accepted by ordinance except by resolution of the Mayor and Borough
Council authorizing such work.
r.
It shall be the responsibility of any person, firm or corporation
owning or operating trucks from which earth, stones or similar debris
has been dumped or spilled upon any street or thoroughfare to remove
same.
s.
No mortar, concrete or similar material shall be mixed or placed
upon the surface of any street or sidewalk.
[Ord. No. 691 A6 §§ 1
— 10, 19; Ord. No. 983 §§ 4,
5]
a.
The owner of occupant of premises abutting any blue stone or concrete
sidewalk shall maintain such sidewalk at all times in a good and passable
condition at a grade which will prevent water accumulating thereon,
and shall replace any flagstone which become broken, and shall maintain
the flagstones so that the joints are even. The surface of all concrete
sidewalks shall be kept properly roughened so as not to become smooth
and slippery.
b.
No person shall remove, excavate or disturb any sidewalk or curb
except for the sole purpose of relaying or repairing same, without
a permit therefor, which permit shall state the maximum length of
time that it shall remain in force. The fee for such a permit shall
be $2.
During the time that any such sidewalk shall be removed, provision
shall be made by the permittee for safe and convenient means of passage
by pedestrians.
c.
In case any sidewalk becomes out of repair, the owner or occupant
of the lands abutting such sidewalk shall, upon receipt of written
notice from the Director of Public Works, repair or cause the same
to be repaired and made in a good and passable condition conforming
with the requirements of paragraph a.
d.
No person shall make an opening through a concrete curb for the purpose
of connecting a leader drain into the gutter without a permit therefor
from the Borough Clerk. The fee for each such opening shall be $2.
e.
No person shall place any bridging over any gutter or any pipe or
other obstruction in any gutter without first having secured the consent
of the Mayor and Council.
f.
No person shall place or permit to be placed upon any sidewalk or
sidewalk area any object or thing that shall in any manner encumber
or obstruct such sidewalk or sidewalk area or render travel upon such
sidewalk or sidewalk area dangerous or unsafe. No steps, walls, fences,
driveway curbs or similar features shall extend into the sidewalk
area, nor shall hedges or shrubbery be permitted to project into a
sidewalk area so as to obstruct pedestrian traffic.
g.
No person shall place or maintain any drop awning extending over
any sidewalk, which when lowered shall be less than seven feet above
the sidewalk.
h.
Temporary awnings may be erected across a sidewalk and permitted
to remain for a period not exceeding 24 hours, provided the same shall
be securely fastened, and shall be so arranged as to permit travel
along the sidewalk.
i.
No person shall lower a concrete curb for the purpose of providing
a driveway across a sidewalk without a permit therefor from the Borough
Clerk. The fee for such a permit shall be $10.
j.
A concrete curb shall not be broken off at pavement level in order
to construct a driveway. Sections of the curb shall be removed and
a new concrete curb constructed, providing a dropped section for the
driveway. The minimum thickness of the base of the new curb shall
be nine inches, the minimum depth below the gutter grade shall be
15 inches and the minimum height of the dropped section above the
gutter grade shall be 1 1/2 inches. Concrete for curb reconstruction
shall be Class B, New Jersey State Highway Specification.
No person shall remove a section of asphalt rolled curb for
the purpose of constructing a driveway across a sidewalk without a
permit from the Borough Clerk. The fee for such a permit shall be
$5. The apron shall consist of a compacted stone base course dustbound
not less than four inches in depth with a bituminous concrete or penetration
macadam surface course not less than 1 1/2 inches in depth.
l.
Any person who is denied a permit under this section has the right to appeal to the Mayor and Council for a special exception by filing a notice of appeal with the Borough Clerk within the 10 days of receiving notice of the denial of the permit. Such notice of appeal shall include a brief statement of the relief requested. Upon receipt of any such notice of appeal, the Mayor and Council will hear the appeal at its next regular meeting, at which time the owner and any other persons appearing in the matter will be heard or afforded the opportunity to be heard. The applicant shall cause to be served upon all property owners within a 100-foot radius of the property in question, at least seven days prior to such hearing, a notice by certified, return-receipt-requested mail or by acknowledged personal service which shall include the time, date and location of such hearing together with a brief statement of the relief requested. Proof of service of notice shall be required to be submitted prior to the hearing. The Mayor and Council of the Borough shall have the power to grant such a special exception upon a specific finding by it, that the granting of such special exception will not adversely affect the intent and purpose of § 20-6.
[Added 10-5-2021 by Ord. No. 21-16]
[Ord. No. 691 all; Ord. No. 04-30]
[Ord. No. 207 §§ 1
— 4; New ]
a.
Any and all pipes or drains extending from the property line to,
under and across any sidewalk or sidewalks within the Borough, which
by reason of insufficient size, or being improperly laid, or permitted
to be stopped or obstructed, so that the same overflow and permit
the escape of water between the property line and the curbline, are
hereby declared to be nuisances, and the owner of the lands drained
by any such pipes or drains shall, within five days after written
notice by the Borough Clerk stating the location of any such nuisance,
abate the same.
b.
The placing and depositing, or permitting to be placed or deposited
sand, earth, dirt, rubbish or other obstructions in any gutter along
any public street, so that the natural flow of surface water is in
any way obstructed or impeded, is hereby declared to be a nuisance
and the person placing or depositing any such sand, earth, dirt, rubbish
or other obstructions in any gutter along any public street, so that
the natural flow of surface water is in any way obstructed or impeded,
shall be subject to the penalties set forth in paragraph d hereof.
The owner of the lands abutting upon any gutter along the public
street in which shall have been placed or deposited sand, dirt, earth,
rubbish or other obstructions, so that the natural flow or surface
water is in any way obstructed or impeded, shall within five days
after written notice from the Borough Clerk, remove any such sand,
dirt, earth, rubbish or other obstruction and, in case of his/her
failure so to do, it shall be the duty of the Director of Public Works
to remove such sand, dirt, earth, rubbish or other obstruction, and
the cost thereof shall be reported to the Borough Council. The Borough
Council shall, by resolution, assess such cost upon the lands of the
abutting owner, and shall forward a certified copy of such resolution
to the Collector of Taxes, who shall collect such assessment.
c.
The notices herein provided for shall be served either personally
or by posting a copy of such notice in a conspicuous place upon the
premises affected. The date of posting shall be considered the date
of service of the notice.
d.
Any person who shall fail, after notice, to comply with the provisions of paragraph a hereof; and any person who shall place or deposit any sand, dirt, earth, rubbish or other obstructions in any gutter along any public street so that the natural flow of surface water is in any way obstructed or impeded, as prohibited by paragraph b hereof, and any person who shall, after notice, fail to comply with the provisions of paragraph b shall, upon conviction, be subject to the penalty stated in Chapter 1, Section 1-5.
