City of Paterson, NJ Chapter 1 General Provisions

[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.]

Article I Adoption of Code

[Adopted 12-19-1995 as Ord. No. 95-068]

§ 1-1 Adoption of Code.

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."

§ 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 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.

§ 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 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.

§ 1-6 Publication; filing.

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.

§ 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 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.

§ 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. 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.

§ 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:

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.

§ 1-14 Changes in previously adopted ordinances.

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.

Article II Terminology; Seal; Penalties

[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 1 of the 1979 Revised General Ordinances of Paterson]

§ 1-15 General rules of construction. [1]

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.

[1] Editor's Note: Original Sec. 1-1, What constitutes "Revised General Ordinances"; designation, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 1-16 Definitions and word usage.

A. 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:

CHARTER

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."

CITY

The City of Paterson in the County of Passaic.

COUNCIL

The Municipal Council of the City of Paterson.

COUNTY

The County of Passaic.

GENERAL LAW

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.

GOVERNING BODY

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.

MINOR

A person under eighteen (18) years of age.

MONTH

A calendar month.

MUNICIPAL COUNCIL

See "governing body."

MUNICIPALITY

The City of Paterson.

NEW JERSEY ADMINISTRATIVE CODE OR N.J.A.C.

The official instrument of the state for codification of its rules.

NEW JERSEY STATUTES OR N.J.S. OR N.J.S.A.

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]

OATH

Includes "affirmation"; and "swear" and "sworn" include "affirm" and "affirmed."

OCCUPANT

See "tenant."

OR

See "and; or" in Subsection B(1) of this section.

OWNER

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.

PERSON

Includes corporations, companies, societies, firms, partnerships, associations, organizations and any other group or entity acting as a unit, as well as an individual.

PERSONAL PROPERTY

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.

PRECEDING; FOLLOWING

Next before and next after, respectively.

PROPERTY

Includes real and personal property.

PUBLIC GROUND, PUBLIC SQUARE OR PUBLIC PLACE 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.

REAL PROPERTY

Includes lands, tenements and hereditaments, all rights thereto and interests therein.

REVISED GENERAL ORDINANCES or RGO; REVISED ORDINANCES or RO

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]

SIDEWALK

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.

STREET

Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, footpaths and all other public highways for vehicular or pedestrian travel.

TENANT OR OCCUPANT

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.

WEEK

Seven (7) days.

WRITING

Except as to signatures, "writing" and "written" include printing and any other mode of representing words, letters and figures.

YEAR

A calendar year.[2]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. The definition of "Revised Statutes or R.S.," which immediately followed this definition, was deleted at time of adoption of Code; see Ch.1, General Provisions, Art. I.

[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.

§ 1-17 Effect of repeal of certain ordinances.

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.

§ 1-18 Official City Seal.

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.

§ 1-19 Violations and penalties.

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 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.

(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.