[HISTORY: Adopted by the Borough Council
of the Borough of Paramus as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-24-1992 by Ord. No. 92-23]
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Be it ordained and enacted by the
Mayor and Council of the Borough of Paramus, County of Bergen, State
of New Jersey, as follows:
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Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Paramus of a general and permanent nature adopted by the Mayor and Council of the Borough of Paramus, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 429, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Paramus," hereinafter known and referred to as the "Code."
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.
A copy of the Code in loose-leaf form has been
filed in the office of the Borough 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 Borough of Paramus by impressing
thereon the Seal of the Borough, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the Borough,
to be made available to persons desiring to examine the same during
all times while said Code is in effect.
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 Borough of Paramus" 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.
The Clerk of the Borough of Paramus, 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 Borough. 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.
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.
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 Mayor and Council, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
[Amended 3-14-2006 by Ord. No. 06-2]
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 Borough of Paramus to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall, upon conviction, be subject to the penalties provided by § 1-15 of this chapter.
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.
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.
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 § 1-12 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 July 14, 1992.
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 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.
G.
Any ordinance or resolution 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 Borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to the regulation of vehicles
and traffic.
A.
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 Mayor and 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.
B.
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: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by the following history: "Amended (added, deleted) 11-24-1992 by Ord. No. 92-23." In addition, the following nomenclature changes have been made throughout the Code: "Collector-Treasurer" to "Chief Financial Officer"; "Deputy Collector-Treasurer" to "Deputy Treasurer"; "Treasurer" to "Chief Financial Officer"; "Fire Department" to "Volunteer Fire Department"; "Shade Tree Commission" to "Board of Shade Tree and Parks Commissioners." The following nomenclature changes have also been made: in Ch. 77, "Ch. 291, P.L 1975" to "N.J.S.A. 40:55D-1 et seq."; in Ch. 253, "mobile home" to "manufactured home"; in Ch. 265, Art. I, "Basic Fire Prevention Code," "Basic Code" and "Fire Code" to "BOCA Basic Fire Prevention Code"; and in Ch. 371, "building subcode official" to "Zoning Officer."
[Adopted 3-14-2006 by Ord. No. 06-2]
A.
Whenever in this Code or in any ordinance of the Borough
any act is prohibited or is made or declared to be unlawful or an
offense, or whenever in such Code or ordinance the doing of any act
is required or the failure to do any act is declared to be unlawful,
and no specific penalty is provided therefor, the violation of any
provision of this Code or ordinance shall be punishable by a fine
not exceeding $2,000 or imprisonment for a term not exceeding 90 days,
or by a period of community service not exceeding 90 days, in the
discretion of the Municipal Court. The minimum fine for the violation
of any provision of this Code or ordinance shall be a fine of $100,
unless specifically stated to the contrary within this Code.
B.
Unless otherwise provided, each day any violation
of any provision of this Code or of any ordinance shall continue shall
constitute a separate offense.
C.
The imposition of a fine or imprisonment as punishment
for a violation of the Code or of any other ordinances of the Borough
shall not be deemed to be in lieu of any other provision therein providing
for revocation or suspension of any license or permit issued thereunder.
D.
Prior to imposing a fine in an amount greater than
$1,250 upon an owner for violations of housing or zoning codes, the
Borough shall provide a thirty-day period in which the owner shall
be afforded the opportunity to cure or abate the condition and shall
also be afforded an opportunity for a hearing before a court of competent
jurisdiction 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.
E.
Whenever
an inspection is required by statute, regulation, or the Code, and
the recipient of the inspection fails the initial inspection, there
shall be a fee of $25 for every reinspection until the recipient obtains
a satisfactory inspection, unless the Code expressly provides for
a different fee for such reinspections.
[Added 6-12-2018 by Ord.
No. 18-11]
F.
The provisions of this section shall be applicable
to the violation of any ordinance adopted as an amendment of, or addition
to, the Code of the Borough of Paramus in which no other penalty provision
is included.
