City of Brigantine, NJ General Provisions

[HISTORY: Adopted by the City Council of the City of Brigantine as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 12-28-1992 by Ord. No. 28-1992]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Brigantine of a general and permanent nature adopted by the City Council of the City of Brigantine, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 290, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Brigantine," 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, 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 Brigantine 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 Brigantine" 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 Brigantine, 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 Brigantine to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to one of the following: a fine of not more than $1,000, to 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.

§ 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 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 August 5, 1992.

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 or obligation.

The levy or imposition of taxes, assessments or charges.

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.

§ 1-14 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 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 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.)[1]

[1]

Editor's Note: Pursuant to § 1-14B, the following sections and Articles were added or amended: §§ 3-5, 3-19F, 3-23B, 3-28A(6), (7), (8) and B, 3-32I, 3-44A, 3-72, 3-74, 3-75 and 3-84; 77-2A; 87-3A and B and 87-10; Art. I of Ch. 91 and §§ 91-5, 91-7 and 91-13; 95-4 and 95-7; 101-8D(1), 101-9A and 101-10; 105-3A, 105-7A, 105-13, 105-15A, 105-21C, 105-24, 105-26B and C and 105-33; 111-4, 111-14, 111-28A, 111-31A and 111-32; 115-4; 123-8, and 123-10; 131-3; 143-10A; 147-5; 153-1A and B, 153-7 and 153-10G; 165-3, 165-7A, 165-10A, 165-22 and 165-23; 175-8A; 181-8; 187-14; 198-15E, 198-17A, B(1) and C(3), 198-34, 198-51, 198-72A, 198-100H(1), 198-116F(3) and 198-120C(5); 204-21, 204-22 and 204-28; 210-17B, 210-18, 210-19, 210-23A and 210-29; 216-3A, 216-11, 216-19B and 216-22A and B; 220-2, 220-3, 220-5B, 220-7 and 220-19; 224-4; 230-5 and 230-7A; 234-3, 234-5, 234-8 and 234-13; 242-9A and B; 246-1 and 246-5; 252-2, 252-3A, 252-4, 252-8, 252-9, 252-38B(2), 252-49A and 252-54B and C; 260-7 and 260-8; 264-11 and 264-12B; 270-12 and 270-13A; 274-1 and 274-3; 290-7; 290-17D(1), 290-19A and B(1), 290-20C, 290-25A(1) and (2), B(1) and (2), C(1), D(2), (3) and (5) and 290-26. The following original sections were deleted: Sections 1 through 5 and 7 through 12 of Ord. No. 13-1956; Section 903.14 of Ord. No. 20-1988. A complete description of each change may be found in Ord. No. 28-1992, on file in the office of the City Clerk.

§ 1-15 General penalty for violations.

[Amended 11-7-2007 by Ord. No. 23-2007]

Whenever there is an offense of any section of this Code or ordinance of the City of Brigantine and a specific penalty provision is not set forth therein, the penalties to be imposed, in the discretion of the Municipal Court Judge, shall be as follows.

A fine in the amount of up to $2,000, imprisonment in the county jail for up to 90 days and community service for up to 90 days, or any combination thereof in the discretion of the Municipal Court Judge.

Notwithstanding the above, any fine in an amount greater than $1,250 assessed upon an owner for violations of a housing or zoning code shall not be imposed unless said owner is first given a thirty-day period in which he is afforded the opportunity to cure or abate the condition and only after said owner is also afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. In such cases, subsequent to the expiration of the thirty-day period, a fine in excess of $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Article II Ordinances Adopted During Codification

[During the process of codification, certain complete new ordinances were approved by the City Council for inclusion in the Code of the City of Brigantine. Such new ordinances are noted in the histories of individual chapters as "Adopted ---- during codification; see Ch. 1, General Provisions, Art. II." During the course of normal supplementation, specific dates of adoption will be inserted where appropriate in the various chapters. The enumeration below lists each chapter affected by such legislation adopted during codification.]

Chapter	Adoption Date	Ord. No.
210, Mercantile Businesses, Art. II, Fees Schedule	12-28-1992	29-1992