[Adopted 4-20-2021 by Ord. No. 1627-21]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Emerson of a general and permanent nature adopted by the Mayor and Council of the Borough of Emerson, as revised and codified and consisting of Chapters
1 through
290, together with an Appendix, are hereby approved, adopted, ordained and enacted as Parts I and II of the Code of the Borough of Emerson, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 2003 Code of the Borough of Emerson, as amended and supplemented.
The Clerk of the Borough of Emerson shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Borough Clerk as provided in §
1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-5 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 September 15, 2020.
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 of grade, changing of 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, agreement or obligation.
I. The
levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J. The
dedication of property or approval of preliminary or final subdivision
plats.
K. All
currently effective ordinances pertaining to the rate and manner of
payment of salaries and compensation of officers and employees.
L. Any
ordinance adopting or amending the Zoning Map.
M. Any
ordinance relating to or establishing a pension plan or pension fund
for municipal employees.
N. The
subdivision regulations of the Borough, adopted March 16, 1954, by
Ord. No. 341, and all subsequent amendments thereto.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Borough of
Emerson to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to one or more of the following
penalties: a fine of not more than $2,000, imprisonment for not more
than 90 days or a period of community service not exceeding 90 days,
in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
[Adopted 5-5-2009 by Ord. No. 1373]
[Amended 8-16-2011 by Ord. No. 1431; 6-18-2013 by Ord. No. 1460; 2-18-2014 by Ord. No. 1472; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
There is hereby established a Schedule of Minimum Fines for
violations of various sections of the Code of The Borough of Emerson
as set forth below:
Violation
|
Code Section
|
Minimum Fine
|
---|
Tall weeds and grass
|
PM 302.4
|
$75
|
Snow
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$250
|
Rental certificate of occupancy
|
|
$150
|
Sandwich board or temporary sign
|
§ 232-2S
|
$100
|
Improper parking, front lawn
|
|
$100
|
Litter on private property
|
|
$150
|
Collection regulations
|
|
$100
|
Commercial sidewalk maintenance
|
|
$150
|
Dumpster containers observable
|
|
$75
|
Municipal Building Main Lot
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Municipal Building Municipal 131 Lot
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Senior Citizen Lot no permit
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Kenneth St. Lot permit
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Library Lot reserved spaces
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Four-ton weight limit
|
|
|
|
First offense
|
|
$100
|
|
Second offense
|
|
$150
|
Dog license, late renewal
|
|
|
|
First offense
|
|
$60
|
|
Second offense
|
|
$150
|
Cat license, late renewal
|
|
|
|
First offense
|
|
$60
|
|
Second offense
|
|
$150
|
Commuter parking
|
|
|
|
Parking in designated paid reserved spaces along west side of
Emerson Plaza East without parking tag
|
|
|
|
|
First offense
|
|
$100
|
|
|
Second offense
|
|
$150
|
|
Use of reserved commuter parking tag by unauthorized motor vehicle
|
|
|
|
|
First offense
|
|
$100
|
|
|
Second offense
|
|
$150
|