[HISTORY: Adopted by the City Council of
the City of Paterson: Art. I, 12-19-1995 as Ord. No. 96-068; Art. II, 12-18-1979 by Ord. No.
79-111 as Ch. 1 of the 1979 Revised General Ordinances
of Paterson. Amendments noted where applicable.]
[Adopted 12-19-1995 as Ord. No. 95-068]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Paterson of a general and permanent nature adopted by the City Council of the City of Paterson, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 483, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Paterson," hereinafter known and referred to as the "Code," and may be abbreviated "TCOP."
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.
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 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 Paterson 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.
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 Paterson" 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 City of Paterson, 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.
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 City Council, 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 City of Paterson to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one (1) or more of the following:
a fine of not more than one thousand dollars ($1,000.), or imprisonment
for not more than ninety (90) days or a period of community service
not exceeding ninety (90) days, in the discretion of the Judge imposing
the same.
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
saved from repeal. In addition, the 1979 Revised General Ordinances
of Paterson, adopted December 18, 1979 by Ord. No. 79-111, also known
as the "RGOP," is hereby specifically repealed.
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 offense or act committed or done or any penalty
forfeiture incurred or any contract or right established or accruing
before the effective date of the ordinance codified in this Article.
B.
Any prosecution, action, suit or other proceeding
pending or any judgment rendered on or prior to the effective date
of the ordinance codified in this Article.
C.
Any right of franchise conferred by the governing
body of the City.
D.
Any right, public right, right-of-way or easement
acquired, established, vacated, released or extinguished in, upon,
under or over any street, avenue, road, highway, park or other public
place within the City or any portion thereof.
E.
Any ordinance providing for, designating, laying out,
establishing, opening, altering, widening, extending, relocating,
straightening, establishing grade, naming or changing name, improvement,
acceptance, dedication, releasing the dedication or vacation of any
street, avenue, road, highway, park or other public place within the
City or any portion thereof.
F.
Any ordinance or resolution promising or guaranteeing
the payment of money by or for the City or authorizing the issuing
of bonds and notes of the City or other evidence of the City's indebtedness.
G.
The annual budget appropriation ordinance or resolution
and all ordinances and resolutions appropriating money or transferring
funds.
H.
Any ordinance acquiring or authorizing acquisition
of lands or premises or easements or rights-of-way for municipal or
public use.
I.
Any ordinance authorizing or providing for the sale,
lease or exchange of lands or premises owned by the City.
J.
Any ordinance providing for or authorizing municipal,
public, general or local improvements.
K.
Any ordinance or resolution prescribing the form of
contract or contracts or authorizing the City to enter into, execute
or assume a contract or contracts.
L.
Any ordinance or resolution authorizing the foreclosure
of tax liens or certificates held by the City.
M.
Any ordinance providing for the payment of a pension.
N.
Any provision of any ordinance adopted by the former
Board of Health of the City and which is not in conflict or inconsistent
with the provisions of the Code of the City of Paterson, New Jersey.
O.
Any provision of any ordinance in force and effect
on October 24, 1995, fixing the amount of compensation or salaries
of the City's officials and officers and employees or the pay and
compensation of positions and clerical employments or the salary ranges
with respect thereto or other benefits payable in addition to monetary
compensation or salary.
P.
Any provision of any ordinance in force and effect
on October 24, 1995, creating employments or positions or offices
and fixing duties therefor which are not provided for in the Code
of the City of Paterson and which is not in conflict or inconsistent
with the provisions of the Code of the City of Paterson.
Q.
Any ordinance in force and effect on October 24, 1995,
creating and establishing offices or employments or positions within
the classified service of the Civil Service under Title 11A, entitled
"Civil Service," of the Revised Statutes of New Jersey or which are
held by any officer or employee of the City protected by any other
tenure of office law, and their respective tenure and pension rights
in force and effect on October 24, 1995.
R.
Any ordinance or resolution of the City in force and
effect regulating, limiting, prohibiting or otherwise governing traffic
and parking of vehicles in or upon the public streets, avenues, roads,
highways, alleys, memorial areas, public squares or other public places
or authorized semipublic or private areas; or providing for the purchase,
installation, operation, maintenance, supervision, regulation, control
and use of traffic signals and parking meters and the establishment
of parking meter zones upon any public streets or City parking lots,
together with the establishment of parking fees connected therewith;
or designating speed limits on certain streets; or designating through
streets and stop intersections or any other ordinances or resolutions
regulating traffic and parking.
S.
Any provision of any ordinance in force and effect
on October 24, 1995, adopting or approving urban renewal plans or
projects or establishing or approving the name or location of urban
renewal projects or authorizing the application for funds in connection
therewith.
T.
Any ordinance or resolution prescribing and establishing
rules and regulations for the government and discipline of the Police
Division in the Department of Public Safety.
U.
Any ordinance or resolution prescribing and establishing
rules and regulations for the government and discipline of the Fire
Division in the Department of Public Safety.
V.
Any ordinance pertaining to fire prevention and not
inconsistent with the State Uniform Construction Code.
W.
Any ordinance in force and effect on October 24, 1995,
providing for the division of the City into wards or election districts
or providing for a change of lines and boundaries of wards or election
districts or for an increase or decrease in the number thereof.
X.
Any Zoning Ordinance or Zoning Map, and any amendments
thereto, in force and effect on October 24, 1995.
Y.
An ordinance, passed July 22, 1959, amending an ordinance
entitled "An Ordinance For the Regulation of Public Parks of the City
of Paterson."
Z.
An ordinance entitled "An Ordinance To Ascertain and
Establish the Water Lines of the Passaic River In the City of Paterson,"
passed April 7, 1879.
AA.
An ordinance entitled "An Ordinance Concerning Buses,"
passed April 13, 1920, and the amendments thereof and supplements
thereto.
BB.
An ordinance in force and effect on October 24, 1995,
regulating or otherwise governing buses or their drivers, including,
but not by way of limitation, establishing or changing bus routes
and bus stops.
CC.
The ordinances ascertaining and establishing the water
lines of the Passaic River in the City, passed April 21, 1914, and
April 8, 1924.
DD.
Any ordinance adopted on final passage on or after
October 24, 1995.
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 (1) 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.
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, Articles or sections which were added, amended, adopted or deleted by this ordinance are indicated throughout this Code by a footnote referring to "Ch. 1, General Provisions, Art. I." During routine supplementation, footnotes indicating amendments or additions will be replaced with "Amended [or Added, as appropriate] 12-19-1995 by Ord. No. 95-068." A complete description of the changes made by § 1-14B of Ord. No. 95-068 are on file in the Borough Clerk's office.
[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 1 of the 1979 Revised General Ordinances of Paterson]
In the construction of the Code of the City
of Paterson 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 general accepted meaning
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.
A.
CHARTER
CITY
COUNCIL
COUNTY
GENERAL LAW
GOVERNING BODY
MINOR
MONTH
MUNICIPAL COUNCIL
MUNICIPALITY
NEW JERSEY ADMINISTRATIVE CODE OR N.J.A.C.
NEW JERSEY STATUTES OR N.J.S. OR N.J.S.A.
OATH
OCCUPANT
OR
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING; FOLLOWING
PROPERTY
PUBLIC GROUND, PUBLIC SQUARE OR PUBLIC PLACE SEVERALLY
REAL PROPERTY
REVISED GENERAL ORDINANCES or RGO; REVISED ORDINANCES or RO
SIDEWALK
STREET
TENANT OR OCCUPANT
WEEK
WRITING
YEAR
Definitions. 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 Paterson or in any other ordinances of the City, shall
have the meanings herein given:
The provisions of the Optional Municipal Charter Law, P.L.
1950, c. 210, as amended (N.J.S.A. 40:69A-1 et seq.), applicable to
that form of government provided therein known as "Mayor-Council Plan
D."
The City of Paterson in the County of Passaic.
The Municipal Council of the City of Paterson.
The County of Passaic.
Any law or provision of law, not inconsistent with the Optional
Municipal Charter Law heretofore or hereafter enacted, which is by
its terms applicable or available to all municipalities, and the following
additional laws whether or not such additional laws are so applicable
or available to all municipalities: legislation relating to taxation,
local courts, education, health, public authorities serving more than
one (1) municipality and municipalities in unsound financial condition.
The Municipal Council of the City of Paterson, duly elected
as provided by law, or such other duly authorized body as shall be
charged by law with governing the City.
A person under eighteen (18) years of age.
A calendar month.
See "governing body."
The City of Paterson.
The official instrument of the state for codification of
its rules.
That body of statutory law containing revisions of the Revised
Statutes of New Jersey and known as the "New Jersey Statutes," as
amended and supplemented.
[Amended 12-19-1995 by Ord. No. 95-068]
Includes "affirmation"; and "swear" and "sworn" include "affirm"
and "affirmed."
See "tenant."
See "and; or" in Subsection B(1) of this section.
Includes 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 encumbrance 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.
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.
The Revised General Ordinances of the City of Paterson, New
Jersey, adopted in 1968, recodified in 1979 and recodified again in
1995 as the Code of the City of Paterson, referred to herein as the
"Code."[1]
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.
Includes highways, roads, avenues, boulevards, courts, public
lanes, alleys, sidewalks, footpaths and all other public highways
for vehicular or pedestrian travel.
As 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 (7) days.
Except as to signatures, "writing" and "written" include
printing and any other mode of representing words, letters and figures.
A calendar year.[2]
[2]
Editor's Note: Original Sec. 1-4, Revised General Ordinances construed as continuation of heretofore existing ordinances, Sec. 1-5, References to chapters, articles and sections, and Sec. 1-6, Analyses, section headings, source references, and notes not part of Revised General Ordinances, all of which followed this section, were deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B.
Word usage.
(1)
And; or. "And" may be construed as meaning "or," and
"or" as "and," if the sense requires it.
(2)
Gender. Words importing the masculine gender shall
apply to females as well as to males and to firms, associations, bodies
corporate and other artificial persons.
(3)
Number. Words used in the singular number include
the plural, and words used in the plural include the singular number.
(4)
"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 Paterson" followed it.
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.
The Seal heretofore provided and used by and
for the City as its Official Seal is hereby established and continued
as the Official Seal of the City.
A.
Maximum fine.
[Amended 10-11-1988 by Ord. No. 88-032; 12-19-1995 by Ord. No. 95-068; 1-27-2004 by Ord. No. 04-007; 2-28-2006 by Ord. No.
06-021]
(1)
Whenever no specific penalty is provided in the Code
of the City of Paterson 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 act which is required to be done, the violation
of any such provision shall be punished by a fine not exceeding $2,000,
by imprisonment for a term not exceeding 90 days or by a period of
community service for not more than 90 days, or any combination thereof;
provided, however, that when the maximum penalty is fixed by an applicable
state statute and is less, by force of said statute or by judicial
construction, than any penalty fixed in the Code of the City of Paterson,
then the limitations of such state statute shall be applicable. Any
person convicted of the violation of any municipal ordinance may,
in the discretion of the court and in default of the payment of any
fine imposed therefor, be imprisoned in the county jail or other place
of detention provided by the City for a term not exceeding 90 days
or be required to perform community service for a period not exceeding
90 days.
[Amended 5-25-2021 by Ord. No. 21-015]
(2)
The maximum fine for the violation of any municipal
ordinance which was previously specified as $1,250 shall be raised
in accordance with N.J.S.A. 40:49-5 to $2,000. Where the maximum fine
was previously specified as less than $1,250, then the maximum fine
shall remain unchanged.
B.
A separate offense shall be deemed committed on each
day during or on which a violation of the Code of the City of Paterson
or of any other ordinance of the City, punishable by fine or imprisonment,
or both, occurs or continues.
C.
The imposition of fine or imprisonment as punishment
for a violation of the Code of the City of Paterson or of any other
ordinances of the City 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.
The imposition of fine or imprisonment as punishment
for a violation of the Code of the City of Paterson or any other ordinances
of the City shall not constitute a bar to or be deemed in lieu of
any other provision therein providing for the exercise of any right
or power or remedy of the City.
E.
Pursuant to the provisions of P.L. 1989, c. 114, which
amends N.J.S.A. 40:69A-29, the Municipal Council of the City of Paterson
hereby determines not to impose an additional fine upon any person
for repeated violation of any municipal ordinance as allowed by said
law.[1]
[Added 10-24-1989 by Ord. No. 89-054]
[1]
Editor's Note: Original Sec. 1-10, Severability: effect of partial invalidity, Sec. 1-11, Code adoption, Sec. 1-12, Applicability of provisions, Sec. 1-13, Repeal of conflicting ordinances, Sec. 1-14, Ordinances continued, and Sec. 1-15, Copies on file, all of which immediately followed this section, were deleted 12-19-1995 by Ord. No. 95-068.