Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of New Providence of a general and permanent nature adopted by the Mayor and Council of the Borough of New Providence, as revised and codified and consisting of Parts I through III, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Borough of New Providence, 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 1990 Code of the Borough of New Providence, as amended and supplemented.
[HISTORY: Adopted by the Mayor and Council of the Borough of New Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-10-2025 by Ord. No. 2025-12]
A.
A copy of the Code 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. Following adoption of this ordinance, such copy shall be certified to by the Clerk of the Borough of New Providence 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 Borough Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B.
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Mayor and Council 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 New Providence" shall be understood and intended to include such additions and amendments.
The Clerk of the Borough of New Providence 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.
A.
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of New Providence which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
The following ordinances have been excluded from the Code and are specifically repealed:
(1)
Former Chapter 93, Safety Standards, Employee, of the 1990 Code.
(2)
Former Chapter 113, Amusement Devices, of the 1990 Code.
(3)
Former Chapter 109, Article III, Possession and Consumption by Juveniles on (1) Private Property, adopted October 26, 2009 by Ordinance No. 2009-15.
(4)
Former Chapter 119, Barbershops, of the 1990 Code.
(5)
Former Chapter 123, Bicycles, of the 1990 Code.
(6)
Former Chapter 161, Art. II, Scavengers, of the 1990 Code.
(7)
Former Chapter 183, Newsracks, of the 1990 Code.
(8)
Former Chapter 261, Vehicles: Open-Air Parking Stations, of the 1990 Code.
(9)
Former Chapter A344, Telecommunications Franchise, adopted November 26, 2012, by Ordinance No. 2012-15.
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 June 17, 2025.
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.
A.
In preparing the revision and codification of the Borough's ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive 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 formally amended to read as such.
B.
In addition, the changes, amendments or revisions as set forth in Schedule A[1] attached hereto and made a part hereof 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]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 11-10-2025 by Ord. No. 2025-12." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
C.
Nomenclature changes. Throughout the Code, the following titles have been updated as follows:
(1)
References to "Board of Chosen Freeholders" are amended to read "Board of County Commissioners."
(2)
References to "Construction Department" and "Building Department" and "Engineering Department" are amended to read "Department of Planning and Development."
(3)
References to "Federal Insurance Administration" are amended to read "Federal Insurance and Mitigation Administration."
(4)
References to "Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.)" are amended to read "Map Filing Law, P.L. 2011, c. 217 (N.J.S.A. 46:26B-1 et seq.)."
A.
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B.
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
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 New Providence 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 8-14-1989 by Ord. No. 89-10 (Sec. 1-9 of the 1973 Code of Ordinances)]
A.
Except as hereinafter provided, whenever in this Code or in any other ordinance or resolution of the Borough, or in any such rule, regulation or order promulgated pursuant to such Code or other ordinance of the Borough, any act is prohibited or made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or in such other Borough ordinance, resolution, rule, regulation or order, the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any other ordinance or resolution of the Borough or of any rule, regulation or order promulgated pursuant to such Code or other Borough ordinance shall be punished by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of any prisoners for a term not exceeding 90 days; a fine not exceeding $2,000; a period of community service not exceeding 90 days, provided that, if the violation is a violation of housing or zoning codes, then the owner shall be provided a thirty-day period in which to cure or abate the condition and shall also be afforded an opportunity for a hearing before the municipal court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise or, upon reinspection of the property, it has determined that the abatement has not been substantially completed.
[Amended 3-20-2006 by Ord. No. 2006-05]
B.
Whenever any provision of the New Jersey Statutes Annotated limits the authority of the Borough to punish the violation of any particular provision of the Code or other Borough ordinance or rule, regulation or order promulgated pursuant thereto, the penalty for said violation shall be in accordance with said penalty limitations imposed by said statute and shall not exceed the maximum fine and imprisonment or community service so authorized by the laws of the State of New Jersey.
C.
Each day any violation of this Code or any other Borough ordinance, resolution, rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.