[Adopted 7-11-1985 by Ord. No. 865-85[1]]
[1]
Editor's Note: This ordinance became effective immediately pursuant
to Res. No. 4252-85, adopted 7-11-1985, which waived the twenty-day period
which would normally precede the effective date.
Pursuant to N.J.S.A. 40:49-4, the various chapters of the Revised General Ordinances of the City of Passaic, 1975, and the other ordinances of the City of Passaic of a general and permanent nature adopted by the City Council of the City of Passaic, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 317 are hereby approved, adopted, ordained and enacted as the "Code of the City of Passaic," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the Revised General Ordinances
of the City of Passaic, 1975, and 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 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 Passaic
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 Passaic" 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 Passaic, 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 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 shall cause the law of the City of
Passaic to be misrepresented thereby. Anyone violating this section or part
of this ordinance shall be subject, upon conviction, to a fine of not more
than $1,000 or to imprisonment for not more than 90 days, or both, 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.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 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 1, 1984.
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 or obligation.
I.
The levy or imposition of taxes, assessments or charges.
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 regulating vehicles and traffic in the
City of Passaic.
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 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: Pursuant to § 1-17B, the following sections were added or amended (A complete description of each change is included in Ord. No. 865-85, which is on file in the office of the City Clerk.): §§ 1-1, 1-2, 1-3A and B, 5-10, 5-13, 5-17, 5-24D, 5-28, 5-43E, Art. VI of Ch. 5 (§§ 5-48 through 5-53), §§ 5-91C, 5-103C, 5-120, 5-124, 19-1, 23-1, 39-13, 75-13, 75-14, 75-20, 83-2E, 95-1, 99,1, 103-4, 107-8, 109-3, 113-9, 117-2B(3), 117-2E, 117-2G, 117-2H, 117-3D, 117-4B, 117-11, 139-1, 143-8, 157-4F, 157-6, 177-14B(1), 185-3A(2), 185-9, 193-2, 211-8, 215-2, 219-10F, 219-117, 219-147C, 219-150, 219-165, 231-7, 231-11B, 259-5B, 259-6A, 259-7A, 259-7C through F, 259-10B, 259-11B, 259-14A(1), 259-15 and 259-17.
The following original sections were repealed: in Ch. 1, original Section 1-1 of the 1975 Revised General Ordinances; in Ch. 5, original Sections 2-1.4 and 2-1.5, 2-2.4a, 2-2.19, 2-2.20, 2-4.4, 2-4.5, 2-9.7, 2-10.4b and 2-12.4b of the 1975 Revised General Ordinances; in Ch, 29, original Section Id of Ord. No. 369-77; in Ch. 71, original Section XI of Ord. No. 389-77; in Ch. 79, original Sections 4(i) and 12 of Ord. No. 287-75; in Ch. 95, original Sections III and IV of Ord. No. 432-77; in Ch. 129, original Section XV of Ord. No. 815-84; in Ch. 137, original Section IV of Ord. No. 482-78; in Ch. 153, original Section 4-18 of the 1975 Revised General Ordinances; in Ch. 157, original Section II of Ord. No. 755-83; in Ch. 161, original Section 3 of Ord. No. 686-82; in Ch. 185, original Paragraph Three of Ord. No. 162-72; in Ch. 189, original Sections 3-17.5 and 3-18 of the 1975 Revised General Ordinances; in Ch. 193, original Section III of Ord. No. 312-75; in Ch. 199, the original fourth subdivision of Ord. No. 525-79; in Ch. 203, the original third unnumbered paragraph of Ord. No. 500-78 and the original second unnumbered paragraph of Ord. No. 608-80; in Ch. 207, the original unnumbered paragraph entitled "Violations and penalties" of Ord. No. 320-75; in Ch. 211, original Section V of Ord. No. 723-83; in Ch. 219, original Sections 9.1 and 9.2 of Ord. No. 205-73; in Ch. 231, original Section 14 of Ord. No. 715-82; in Ch. 239, original Section 30 of Ord. No. 404-77; in Ch. 247, original Sections IV and V of Ord. No. 564-79; in Ch. 251, the original second unnumbered paragraph of Ord. No. 729-83; in Ch. 259, original Sections 18-5 and 18-7 of the 1975 Revised General Ordinances; in Ch. 277, original Section 7-9 of the 1975 Revised General Ordinances; in Ch. 289, original Section 19-5 of the 1975 Revised General Ordinances; and in Ch. 317, original Section A of Article XIII of Ord. No. 796-84.
