City of Long Branch, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Long Branch of a general and permanent nature adopted by the City Council of the City of Long Branch (including the provisions of the 1971 Code), as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 345, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Long Branch," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all general and permanent ordinances enacted prior to the enactment of this Code, including the provisions of the 1971 Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the City of Long Branch by impressing thereon the Seal of the City, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the City, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, amendments or supplements to the Code, 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 "Code of the City of Long Branch" 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 said Code, as amendments and supplements thereto.

§ 1-6 Publication; filing.

The Clerk of the City of Long Branch, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance in a newspaper of general circulation in the City. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8 Sale of Code book.

Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by resolution of the City Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Long Branch to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be punishable as provided in § 1-16 hereof.

§ 1-10 Severability of Code provisions.

Each section 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 a 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.

§ 1-11 Severability of ordinance provisions.

Each section of this ordinance is an independent 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.

§ 1-12 Repeal of ordinances.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code, including the provisions of the 1971 Code, are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter saved from repeal.

§ 1-13 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to 9-8-1998.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

Any ordinance 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 City's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any legislation relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-14 Changes in previously adopted ordinances.

In compiling and preparing the ordinances and the provisions of the 1971 Code for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.

In addition, the changes, amendments or revisions as set forth in Schedule A 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]

[1]

Editor's Note: In accordance with § 1-14B, the chapters, parts, articles and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-27-1998 by Ord. No. 36-98." Schedule A, which contains a complete description of all changes, is on file in the City offices.

Nomenclature changes.

(1)

Throughout the Code, the terms "Construction Official," "Building Inspector" and "Code Enforcement Officer" are changed to "Construction Code Official."

(2)

Throughout Chapter 177, Flood Damage Prevention [Ord. No. 902 (Ch. XXV of the 1971 Code)], references to the "Federal Insurance Administration" are changed to "Federal Emergency Management Agency"; and any references to "mobile home" or "mobile homes" are changed to "manufactured home" or "manufactured homes."

§ 1-15 Definitions; word usage.

As used in this Code, except as specifically defined elsewhere or where the context may otherwise require, the following terms shall have the meanings indicated:

CHARTER

Mayor and Council Plan A under the Optional Municipal Charter Law, specifically N.J.S.A. 40:69A-31 through 40:69A-48, 40:69A-26 through 40:69A-30 and 40:69A-150 through 40:69A-210 (excepting those provisions which have been repealed).

CITY

The City of Long Branch in the County of Monmouth and the State of New Jersey.

CITY COUNCIL or COUNCIL

The City Council of the City of Long Branch; the Council persons of the City of Long Branch.

CLERK or CITY CLERK

The Municipal Clerk of the City of Long Branch duly appointed pursuant to law.

DEPARTMENT

An organizational unit of the City government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the City government assigned to such organizational unit by the City Council.

LICENSED

Licensed in accordance with the appropriate section or chapter of this Code.

MONTH

A calendar month unless otherwise specifically provided.

ORDINANCE

Any act of local legislation heretofore or hereafter adopted, including this Code, 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.

PERSON

Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any kind of personal representatives of any thereof in any capacity, acting for himself or for any other person, under either personal appointment or pursuant to law.

STREETS

Includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk; and includes every class of road, square, place or municipal parking field used by the general public.

YEAR

A calendar month unless otherwise specifically provided.

Construction. As used in this Code, except as specifically provided elsewhere or where the context may otherwise require, the following phrases and usage of words shall be construed as follows:

(1)

The present tense includes the past and future tenses; and the future tense includes the present.

(2)

The masculine gender includes the feminine and neuter.

(3)

The singular number includes the plural; and the plural number includes the singular.

(4)

"Shall" is mandatory; "may" is permissive.

(5)

Generally, the time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is a Sunday, legal holiday or a day on which the offices of the City are closed, that day shall be excluded.

(6)

"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.

(7)

Whenever a specific time is used, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.

§ 1-16 Violations and penalties.

Except where specifically provided otherwise in this Code, the following provisions shall prevail.

Maximum penalties. For the violation of any provision of the Code of the City of Long Branch, where no specific maximum penalty is required under applicable state law, the maximum penalty for any such violation shall be one or more of the following, upon conviction and in the discretion of the Judge imposing the same: a fine of not more than $2,000; imprisonment for not more than 90 days; and/or a period of community service not exceeding 90 days.

[Amended 7-27-2004 by Ord. No. 25-04; 2-28-2006 by Ord. No. 4-06]

Separate violations. Except as otherwise provided, each and every day in which a violation of this Code exists shall constitute a separate violation. In addition, each violation of this Code shall be considered a separate offense upon each and every day in which a violation exists.

Applicability. The maximum penalty provisions stated herein are not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all (except where a mandatory statutory penalty is set forth in any part of the Code or required by state law), may be appropriate for a particular case or violation.