[R.O. 1966 § 1:1-1]
The ordinances embraced in this and the following titles constitute
and shall be known as the "Revised General Ordinances of the City
of Newark, New Jersey, 2000," and may be so cited, or may be cited
as the "Revised General Ordinances of Newark, 2000" or the "Code of
the City of Newark."
[R.O. 1966 § 1:1-2]
In the construction of the Revised General Ordinances of Newark,
2000 and of all other ordinances of the City, words and phrases shall
be read and construed with their context, and shall, unless inconsistent
with the manifest intent of the Municipal Council or unless another
or different meaning is expressly indicated, be given their generally
accepted meaning, according to the approved usage of the language.
Technical words and phrases, and words and phrases having a special
or accepted meaning in the law, shall be construed in accordance with
such technical or special and accepted meaning.
[R.O. 1966 § 1:1-3]
Unless otherwise expressly provided, or unless there is something
in the subject or context repugnant to such construction, or unless
inconsistent with the manifest intent of the Council, the following
words and phrases when used in the "Revised General Ordinances of
Newark, 2000" or in any other ordinances of the City, shall have the
meaning herein given:
AND; OR AND
May be construed as meaning or, and or as and, if the sense
requires it.
CHARTER
Shall mean the provisions of the Optional Municipal Charter
Law, L. 1950, c. 210, as amended (N.J.S. 40:69A-1 et seq.) applicable
to that form of government provided therein known as "Mayor-Council
Plan C."
CITY
Shall mean the City of Newark in the County of Essex.
CITY CLERK OR CLERK
Shall mean the Municipal Clerk of the City of Newark, who
also serves as Clerk of the Council.
COUNTY
Shall mean the County of Essex.
GENDER
Words importing the masculine gender shall apply to females
as well as to males, and to firms, associations, bodies corporate,
and other artificial persons.
GENERAL LAW
Shall mean any law or provision of law, not inconsistent
with the Optional Municipal Charter Law, heretofore or hereafter enacted
which is by its terms applicable or available to all municipalities,
and the following additional laws whether or not such additional laws
are so applicable or available to all municipalities: legislation
relating to taxation; local courts; education; health; public authorities
serving more than one municipality; and municipalities in unsound
financial condition.
GOVERNING BODY
Means the Municipal Council of the City of Newark elected
pursuant to Mayor-Council Plan C of the Optional Municipal Charter
Law, consisting of nine elected council-members.
MONTH
Shall mean a calendar month.
MUNICIPALITY
Shall mean the City of Newark in the County of Essex
NEW JERSEY STATUTES OR N.J.S.
Means that body of statutory law containing revisions of
the Revised Statutes of New Jersey and known as the New Jersey Statutes,
as amended and supplemented.
NUMBER
Words used in the singular number include the plural, and
words used in the plural include the singular number.
OATH
Shall mean and include "affirmation"; and "swear" and "sworn"
include "affirm" and "affirmed."
OFFICER OR OFFICIAL AND
The title of an officer or official or of an official body,
shall be construed as if the words "of the City of Newark" followed
it.
OWNER
Shall mean and include sole owner and 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,
and personal property.
PERSON
Shall mean and include corporations, companies, societies,
firms, partnerships, associations, organizations and any other group
or entity acting as a unit, as well as an individual.
PERSONAL PROPERTY
Shall mean and include goods and chattels, rights and credits,
moneys and effects, evidences of debt, choses in action and all written
instruments by which any right to, interest in, or lien or encumbrance
upon, property or any debt or financial obligation is created, acknowledged,
evidenced, transferred, discharged or defeated, in whole or in part,
and every thing, except real property as herein defined, which may
be the subject of ownership.
PROPERTY
Shall mean and include real and personal property.
PUBLIC GROUND, PUBLIC SQUARE OR PUBLIC PLACE SEVERALLY
Shall mean any and every public ground, public square, public
park or other public place within the City which is within the jurisdiction
and control of the City, and which is or may be in general use by
all citizens, and in which all have an equal right of passage and
repassage at will.
REAL PROPERTY
Shall mean and include lands, tenements and hereditaments,
all rights thereof and interest therein.
SIDEWALK
Shall mean any portion of a street or highway between the
curb line or the lateral line of a shoulder, or if none, the lateral
line of the roadway, and the adjacent property line, intended for
the use of pedestrians.
STATE
Shall mean the State of New Jersey.
STREET
Shall mean and includes highways, roads, avenues, boulevards,
courts, public lanes, alleys, sidewalks, foot paths and all other
public highways for vehicular or pedestrian travel.
TENANT OR OCCUPANT
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.
WEEK
Shall mean seven days.
WRITING
Except as to signatures, "writing" and "written" shall mean
and include printing and any other mode of representing words, letters
and figures.
[R.O. 1966 § 1:1-4]
The provisions of the Revised General Ordinances of Newark,
2000 not inconsistent with prior ordinances in effect at the adoption
of these Revised General Ordinances shall be construed as a continuation
thereof, rather than as new enactments.
[R.O. 1966 § 1:1-5]
All references in the Revised General Ordinances of Newark,
2000 to titles, chapters, articles or sections are to titles, chapters,
articles or sections of these Revised General Ordinances. Such references
to titles, chapters or articles shall be construed to refer to all
the sections within the titles, chapters or articles to which such
references are made.
[R.O. 1966 § 1:1-6]
In the construction of the Revised General Ordinances of Newark,
2000 or any part thereof, no analysis of any title, or part thereof,
no cross-reference or cross-reference note, no indication of a source
by parenthetical material after a section, no note, no footnote and
no section heading shall be deemed to be part of the Revised General
Ordinances.
[R.O. 1966 § 1:1-7]
Whenever an ordinance that repeals an earlier ordinance or part
thereof is itself repealed, such repeal shall not revive the former
ordinance or part thereof, unless specific provision is made therefor.
[R.O. 1966 § 1:1-8]
The seal heretofore provided and used by and for the City as
its official seal, is hereby established and continued as the Official
Seal of the City. This seal is represented below:
Said seal is described as follows: On the right is a female
figure seated, her right hand resting upon the hilt of a sword, her
left suspending a scales in equal balance. On the left is a female
figure in a standing posture, sustaining with her right hand the standard
and cap of liberty and her left arm resting on a bundle of rods, holding
the olive branch. Between these figures is a shield, on which three
plows are represented; above is the dexter arm suspending a hammer.
Encircling the whole are the letters and figures following: "Newark
City Seal: Incorporated 1836."
CROSS REFERENCE. For custody and use of the City Seal, see Section 2:3-1.3.
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[R.O. 1966 § 1:1-9; Ord. 6 S+FE Apr. 15, 1987; Ord. 6 S+FU Apr. 6, 1988; Ord. 6 S+FV
Oct. 4, 1989]
a. Whenever no specific penalty is provided in these Revised General
Ordinances of Newark, 2000, or in any other ordinance of the City
for punishment of an act which is prohibited or which is declared
to be unlawful or an offense, or for the nonperformance of an act
which is required to be done, the violation of any such provisions
shall be punished by one or more of the following penalties:
1. A fine not exceeding $1,250.
2. Imprisonment for any term not exceeding 90 days; or
3. A period of community services not exceeding 90 days, provided, however,
that when the maximum penalty fixed by an applicable State Statute
is less, by force of the State Statute or by judicial construction,
than any penalty fixed in the Revised General Ordinances, then the
limitations of such Statute shall be applicable.
b. A separate offense shall be deemed committed on each day during or
on which a violation of the Revised General Ordinances of Newark,
2000 or of any other ordinance of the City, punishable by fine or
imprisonment, or both, occurs or continues.
c. The imposition of fine or imprisonment as punishment for a violation
of the Revised General Ordinances of Newark, 2000 or of any other
ordinances of the City shall not be deemed to be in lieu of any other
provision therein providing for revocation or suspension of any license
or permit issued thereunder.
d. 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 the
Municipal Court to an additional fine as a repeat offender. The additional
fine imposed by the Municipal Court upon a person for a repeated offense
shall not be less than the minimum fine fixed for a violation of the
ordinance, but shall be calculated separately from the fine imposed
for the violation of the ordinance, as prescribed by State Statute
(N.J.S. 40:49-5).
e. In the event the Municipal Court chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
a waiver of said additional fine shall be approved by resolution of
the governing body as prescribed by State Statute (N.J.S. 40:49-5).
[R.O. 1966 § 1:1-10]
If any clause, sentence, subparagraph, paragraph, section, article,
chapter, or title of the Revised General Ordinances of Newark, 2000
or of any ordinance of the City hereinafter adopted or any part thereof,
or the application thereof to any person or circumstances, shall be
determined, ordered or adjudged by any court of competent jurisdiction
to be invalid or inoperative, such determination, order or judgment
shall not affect, impair or invalidate the remaining portions of the
Revised General Ordinances of Newark, 2000 or other ordinances, but
shall be confined in its operation to the clause, sentence, subparagraph,
paragraph, section, article, chapter, title or part thereof directly
involved in the controversy in which said determination, order or
judgment shall have been rendered.