[HISTORY Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-20-1960 by Ord. No. 3319 as part
of Chapter 1 of the Revised Ordinances of the City of Clifton, New
Jersey, 1960]
[Amended 7-2-1985 by Ord. No. 4988-85]
In the construction of the Code of the City
of Clifton, and of all other ordinances of the City, words and phrases
shall be read and construed with their context and shall, unless inconsistent
with the manifest intent of the Council or unless another or different
meaning is expressly indicated, be given their generally accepted
meanings, according to the approved usage of the language. Technical
words and phrases, and words and phrases having a special or accepted
meaning in the law, shall be construed in accordance with such technical
or special and accepted meaning.
[Amended 7-2-1985 by Ord. No. 4988-85]
A.Â
CITY
CITY COUNCIL
CITY MANAGER
CODE
COUNCIL
COUNTY
GOVERNING BODY
MONTH
MUNICIPAL COUNCIL or CITY COUNCIL or COUNCIL
MUNICIPALITY
MUNICIPAL MANAGER or CITY MANAGER
OATH
OCCUPANT
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING and FOLLOWING
PROPERTY
PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE
REAL PROPERTY
SIDEWALK
STATE
STREET
SWEAR and SWORN
TENANT or OCCUPANT
WEEK
WRITING and WRITTEN
YEAR
Unless otherwise expressly provided, or unless there
is something in the subject or context repugnant to such construction,
or unless inconsistent with the manifest intent of the Council, the
following words and phrases, when used in the Code of the City of
Clifton, or in any other ordinances of the City, shall have the meanings
herein given:
The City of Clifton in the County of Passaic.
See "Municipal Council."
See "Municipal Manager."
The Code of the City of Clifton.
See "Municipal Council."
The County of Passaic, New Jersey.
The Municipal Council of the City of Clifton, or such other
duly authorized body as shall be charged by law with governing the
City.
A calendar month.
The governing body of the City of Clifton.
The City of Clifton.
The person appointed by the governing body as Municipal or
City Manager of the City of Clifton or the person appointed by the
governing body to exercise the powers and perform the duties of the
office during the absence or disability of the Municipal Manager.
Includes "affirmation."
See "tenant."
Includes the sole owner and any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant or tenant by
the entirety, of the whole or of a part, of a building or land, and
personal property.
Includes corporations, companies, societies, firms, partnerships,
associations, organizations and any other group or entity acting as
a unit, as well as an individual.
Includes goods and chattels, rights and credits, moneys and
effects, evidences of debt, choses in action and all written instruments
by which any right to, interest in, or lien or encumbrances upon,
property or any debt or financial obligation is created, acknowledged,
evidenced, transferred, discharged or defeated in whole or in part,
and every thing, except real property as herein defined, which may
be the subject of ownership.
Next before and next after, respectively.
Includes real and personal property.
Severally, any and every public ground, public square, public
park or other public place within the City which is within the jurisdiction
and control of the City, and which is or may be in general use by
all citizens, and in which all have an equal right of passage and
repassage at will.
Includes lands, tenements and hereditaments, all rights thereto
and interests therein.
Any portion of a street or highway between the curbline or
the lateral line of a shoulder or, if none, the lateral line of the
roadway and the adjacent property line intended for the use of pedestrians.
The State of New Jersey.
Includes highways, roads, avenues, boulevards, courts, public
lanes, alleys, sidewalks, footpaths and all other public highways
for vehicular or pedestrian travel.
Include "affirm" and "affirmed."
Applied to a building or land, includes any person who occupies
the whole or part of such building or land, whether alone or with
others.
Seven days.
Except as to signatures, includes printing and any other
mode of representing words, letters and figures.
A calendar year.
B.Â
Word usage.
(1)Â
And; or. "And" may be construed as meaning "or," and
"or" as "and," if the sense requires it.
(2)Â
Gender. Words imparting the masculine gender shall
apply to females as well as to males, and to firms, associations,
bodies corporate and other artificial persons.
(3)Â
Number. Words used in the singular number include
the plural, and words used in the plural include the singular number.
(4)Â
"Officer" or "official" and the title of an officer
or official or of an official body shall be construed as if the words
"of the City of Clifton" followed it.
[Added 7-3-1973 by Ord. No. 4165-73]
A.Â
Wherever used in any ordinance of the City of Clifton,
the word "minor" shall be deemed to mean a person under the age of
18 years; the word "minority" shall be deemed to mean any age under
the age of 18 years.
B.Â
Wherever any ordinance of the City of Clifton contains
a provision requiring attainment of the age of 21 years or words of
similar import, such provision is hereby revised and amended to require
attainment of the age of 18 years.
C.Â
This section is intended to implement the policy underlying and the terms and provisions of Chapter 81 of the Laws of 1972 (N.J.S.A. 9:17B-1 et seq.).
D.Â
The provisions of this section are hereby expressly made subject, however, to any statute of the State of New Jersey which may require attainment of the age of 21 years, notwithstanding the enactment into law of Chapter 81 of the Laws of 1972.
[Amended 7-2-1985 by Ord. No. 4988-85]
All references in the Code of the City of Clifton
to chapters, articles or sections are to chapters, articles or sections
of the Code of the City of Clifton. Such references to chapters or
articles shall be construed to refer to all the sections within the
chapters or articles to which such references are made.
[Amended 7-2-1985 by Ord. No. 4988-85]
In the construction of the Code of the City
of Clifton or of any part thereof, no analysis of any chapter or part
thereof, no cross-reference or cross-reference note, no indication
of a source by parenthetical material after a section, no note, no
footnote and no section heading shall be deemed to be part of the
Code of the City of Clifton.
Whenever an ordinance that repeals an earlier
ordinance or part thereof is itself repealed, such repeal shall not
revive the former ordinance or part thereof, unless specific provision
is made therefor.
[Amended 7-2-1985 by Ord. No. 4988-85; 2-22-2006 by Ord. No.
6555-06]
A.Â
Whenever no specific penalty is provided in the Code
of the City of Clifton or in any other ordinance of the City for the
punishment of an act which is prohibited or which is declared to be
unlawful or an offense, or for the nonperformance of an act which
is required to be done, the violation of any such provision shall
be punished by a fine not exceeding $2,000 and/or by imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for a term not exceeding 90 days; and/or
a period of community service not exceeding 90 days; provided, however,
that when the maximum penalty fixed by an applicable state statute
is less than the penalty fixed in the Code of the City of Clifton,
then the limitations of such state statute shall be applicable.
B.Â
Any person who is convicted of violating an ordinance
within one year of the date of a previous violation of the same ordinance,
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum, if any, or exceed the maximum fine,
if any, fixed for a violation of the ordinance, but shall be calculated
separately from the fine imposed for the violation of the ordinance.
C.Â
Any person convicted of the violation of any ordinance
may, in the discretion of the court by which he was convicted, and
in default of the payment of any fine imposed therefor, be imprisoned
in the county jail or place of detention provided by the municipality,
for any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
D.Â
Where a fine in an amount greater than $1,250 is sought
to be imposed upon an owner for violations of housing or zoning codes,
a thirty-day period shall be provided in which the owner shall be
afforded the opportunity to cure or abate the condition and the owner
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 is determined that the abatement
has not been substantially completed.[1]
[1]
Editor's Note: Original Section 1-10, Severability;
effect of partial invalidity, which immediately followed this section,
was deleted 7-2-1985 by Ord. No. 4988-85.
[The 1985 Code of the City of Clifton
was adopted 7-2-1985 by Ord. No. 4988-85. A complete copy of this
ordinance is on file in the municipal offices.]
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