Town of West New York, NJ Adoption of Code

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Town of West New York of a general and permanent nature adopted by the Board of Commissioners and its predecessor body, the Town Council, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 238, are hereby approved, adopted, ordained and enacted as the "Code of the Town of West New York," hereinafter known and referred to as the "Code."

§ 1-2 Confirmation of Board of Health legislation.

Included in the Code adopted pursuant to § 1-1 is legislation adopted by the former Board of Health of the Town of West New York, it being the intent of the Board of Commissioners to continue such legislation in full force and effect as if it had been adopted by said Board of Commissioners. Legislation affected by this section shall include, but not be limited, to Chapter 189, Sanitation, and said provisions are hereby confirmed and deemed readopted by this ordinance and may, in the future, be amended by the Board of Commissioners under the same authority and by the same procedure as other provisions of the Code are amended.

§ 1-3 Code supersedes prior ordinances.

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

§ 1-4 When effective.

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

§ 1-5 Inclusion of ordinance in Code.

This ordinance shall, upon adoption, be included in the Code as Chapter 1, General Provisions, Article I, Adoption of Code.

§ 1-6 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Town 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 Town of West New York by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Town, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-7 Publication; filing.

The Clerk of the Town of West New York, 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 Town. 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 the 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.

§ 1-8 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 Board of Commissioners to make them a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of the Town of West New York" 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.

§ 1-9 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-15A and prior to the effective date of this ordinance given in § 1-4 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.

§ 1-10 Code book to be kept up-to-date.

It shall be the duty of the Clerk, or someone authorized and directed by him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his 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.

§ 1-11 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 Board of Commissioners, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-12 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 Town of West New York to be misrepresented thereby. Anyone violating this section or part of this ordinance shall, upon conviction, be punishable as provided in § 1-16 of this ordinance.

§ 1-13 Severability.

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.

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.

§ 1-14 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, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.

§ 1-15 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to January 19, 1977 (Ordinance No. 1218).

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 grade, changing 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 or resolution appropriating money or transferring of funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town's indebtedness.

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

The levy or imposition of taxes, assessments or charges.

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

Any ordinance regulating traffic or parking.

Any ordinance pertaining to the salaries or compensation of Town officers and employees, including salaries and classifications established by amendments to Ordinance No. 1074, adopted 3-15-1972, adopting a survey and reclassification plan by the State Civil Service Department.

Ordinance No. 50, adopted 7-21-1902, establishing house numbers in accordance with a house numbering map and any amendments thereto.

Ordinance No. 2, adopted 8-15-1898, describing ward boundaries for the Town, and any amendments thereto, including Ordinance No. 846, adopted 1-21-1959.

Ordinance No. 1031, adopted 3-4-1970, establishing the interest rate for bonds and notes, and all amendments thereto.

Ordinance No. 980, adopted 7-5-1967, on abandoned vehicles and Ordinance No. 1120, adopted 5-16-1973, establishing play streets.

§ 1-16 Violations and penalties.

[Amended 8-14-2000 by Ord. No. 20/00]

Any person, firm or corporation violating any of the provisions contained in any chapter of the Code of the Town of West New York shall, upon conviction, be punished by a fine not to exceed $1,000 or imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment; and each violation is deemed and taken to be a separate and distinct offense. Exceptions to the above-stated penalty shall include but not be limited to: Chapter 75, Bicycles; Chapter 147, Multiple Dwellings, Article I, Security for Tenants; Chapter 157, Parking Lots, Municipal; Chapter 224, Vehicles and Traffic; Chapter 266, Noise; and those provisions normally adopted by the Board of Health as provided in Subsection B below.

[Amended 7-18-2012 by Ord. No. 19/12]

Notwithstanding the provisions of Subsection A above, any person, firm or corporation violating any of the provisions of any chapters or articles of the Code which would normally be adopted by the Board of Health shall, upon conviction thereof, be punished by a fine of not less than $5 nor more than $1,000. The penalty provided for in this subsection shall be deemed to apply to those provisions, the penalties for which are established by the following sections: §§ 234-17, 269-4, 322-129, 328-10, 338-2, 338-5, 348-5, 361-8, 394-6 and 234-13.

§ 1-17 Changes in previously adopted ordinances.

In compiling and preparing the ordinances 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 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 following changes, amendments or revisions 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.

In accordance with the penalty provisions established in § 1-16 of this ordinance for violations of the Code generally, the following sections have been amended or added to delete specific penalty amounts and to refer to Chapter 1, General Provisions, Article I, for applicable penalty provisions.