N.J.S.A. 40:49-1. "Ordinance" and "resolution" defined.
The term "ordinance" when used in this Code shall mean and include
any act or regulation of the Governing Body of any municipality required
to be reduced to writing and read at more than one meeting thereof
and published. The term "resolution" when used in this Code shall
mean and include any act or regulation of the Governing Body of any
municipality required to be reduced to writing, but which may be finally
passed at the meeting at which it is introduced.
[1985 Code § 1-1; New]
This book shall be known and may be cited as the "Revised General
Ordinances of the Borough of East Newark, 2007" and is herein referred
to as the "Revision" or the "Code."
[1985 Code § 1-2; 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, the definitions contained
in this section shall apply:
Shall mean the Borough of East Newark in the County of Hudson
and State of New Jersey.
Shall mean the elected Council of the Borough of East Newark,
who may also be referred to as the Council.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall refer to the County of Hudson in the State of New Jersey.
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this Revision as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
Shall mean the Mayor and Council of the Borough of East Newark.
Shall mean licensed in accordance with the appropriate section
or chapter of this revision.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the official Statute law of the State of New Jersey,
as amended and supplemented.
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."
Shall be construed as if the words "of the Borough of East
Newark" 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.
Shall mean any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety, of
the whole or of a part of a building or land.
Shall mean any corporation, firm, partnership, association,
organization or other entity, as well as an individual.
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 parks, other public place or bodies
of water within the Borough.
Shall mean any portion of a street between the curbline 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.
When applied to a building or land, shall include any person
who occupies 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.
[1985 Code § 1-3]
For the purpose of this Revision 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 feminine gender includes the masculine 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 be a Saturday, Sunday or a legal holiday, that day shall be excluded.
"Writing" and "written" includes printing, typewriting and any
other mode of communication using paper or similar material which
is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if
the sense requires and indicates such meaning.
Any citation of a Statute, law or ordinance contained in this
revision shall be deemed to refer to such Statute, law or ordinance
as amended, whether or not such designation is included in this citation.
"Chapter" shall mean one of the major divisions of the Revision,
identified by an Arabic number, 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 revision, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
[1985 Code § 1-4]
If any chapter, section, subsection or paragraph of this Revision
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 Revision.
[1]
Editor's Note: Penalty provision in accordance with N.J.S.A.
40:49-5.
[New]
a.
For violation of any provision of this Code or other ordinance of
the Borough of East Newark, 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 municipality
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 Borough hereby prescribes 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.
[New]
The Borough Council hereby prescribes 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.
[New]
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 such
ordinance.
[New]
Any person who is convicted of violating this Code or any 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 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 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.
If the Borough Council chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision the Borough Council may waive the additional fine
by ordinance or resolution.
[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 in the County Jail or place of detention provided
by the municipality, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[New]
If the Borough chooses to impose a fine in an amount greater
than $1,250 upon an owner for violations of housing or zoning codes,
the Borough shall provide a 30-day period in which the owner shall
be afforded the opportunity to cure or abate the condition 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 30-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.
[New]
If provided by ordinance, each and every day in which a violation
of any provision of this Code or any other ordinance of the Borough
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. 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.
[New]
Copies of this Code shall be kept available in the Borough Clerk's
office in the Municipal Building for public inspection.
[New]
Any and all additions, amendments or supplements to the "Revised
General Ordinances of the Borough of East Newark, 2007," 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 "Revised General Ordinances
of the Borough of East Newark, 2007" 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 Code, as amendments and supplements
thereto.
[New]
It shall be the duty of the Borough Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the "Revised General Ordinance of the Borough
of East Newark, 2007," required to be filed in the office of the Clerk
for the use of the public. All changes in the Revision and all ordinances
adopted subsequent to the effective date of this codification, which
shall be adopted specifically as part of the Code, when finally adopted,
shall 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.
[New]
Copies of the Code book containing the Code may be purchased
from the Borough Clerk upon payment of a fee to be set by resolution
of the Governing Body, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
[New]
It shall be unlawful to improperly change or amend, by additions
or deletions, any part or portion of the Code, or to alter or tamper
with this Code in any manner whatsoever which will cause the law of
the Borough to be misrepresented thereby.
[1985 Code § 8-4.1]
There is hereby established as the official map of the Borough
of East Newark entitled, "Official Map, Borough of East Newark, Hudson
County, N.J. April 1957," prepared by Gerhardt A. Joa, Borough Engineer,
which is on file in the office of the Borough Clerk. This map shall
be controlling in all matters relating to or affected by the "Official
Map and Building Permit Act (1953)" above cited.
[1985 Code § 8-4.2]
The establishment of an official map is for the purpose of conserving
and promoting the public health, safety, morals and general welfare
of this municipality.
