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."
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.
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.
This ordinance shall take effect immediately
upon passage and publication according to law.
This ordinance shall, upon adoption, be included in the Code as Chapter
1, General Provisions, Article
I, Adoption of Code.
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.
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.
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.
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.
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.
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.
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.
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.
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:
A. Any ordinance adopted subsequent to January 19, 1977
(Ordinance No. 1218).
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 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.
G. 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.
H. Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I. The levy or imposition of taxes, assessments or charges.
J. The dedication of property or approval of preliminary
or final subdivision plats.
K. Any ordinance regulating traffic or parking.
L. 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.
M. Ordinance No. 50, adopted 7-21-1902, establishing
house numbers in accordance with a house numbering map and any amendments
thereto.
N. 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.
O. Ordinance No. 1031, adopted 3-4-1970, establishing
the interest rate for bonds and notes, and all amendments thereto.
P. Ordinance No. 980, adopted 7-5-1967, on abandoned
vehicles and Ordinance No. 1120, adopted 5-16-1973, establishing play
streets.
[Amended 8-14-2000 by Ord. No. 20/00]
A. 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]
B. 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.