[Adopted 2-17-1999 by Ord. No. 6-1999]
Be it ordained and enacted by the City Council of the City of Pleasantville, County of Atlantic, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Pleasantville, including provisions of the 1982 Code, of a general and permanent nature adopted by the City Council of the City of Pleasantville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 290, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Pleasantville," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and permanent ordinances, including provisions of the 1982 Code, 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 Pleasantville 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 Pleasantville" 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 Pleasantville, 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 Pleasantville to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,000 or imprisonment for not more than 90 days or a period of community service not exceeding 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, including provisions of the 1982 Code, 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 § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to 12-8-1998.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
Any ordinance 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 city's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any legislation relating to or establishing a pension plan or pension fund for municipal employees.
Any ordinance regulating rent control in the city.
All currently effective ordinances providing for the administration of government, including but not limited to:
Chapter 3 of the 1982 Code, Administration of Government, as amended by Ord. Nos. 8-1985, 19-1985, 7-1987, 8-1987, 25-1987, 17-1992, 10-1995, 20-1995 and 53-1997.
Chapter 40 of the 1982 Code, Public Works Department, as amended by Ord. Nos. 14-1986, 3-1996, 9-1997 and 12-1997.
Ordinance No. 7-1991, Ward Commission.
Ordinance No. 3-1994, Public Defender, as amended by Ord. No. 52-1997.
Ordinance No. 16-1998, Department of Revenue and Finance.
All currently effective ordinances regulating personnel policies, including but not limited to Chapter 34 of the 1982 Code, regarding employee rules and regulations; and Ord. No. 26-1987, regarding management and staff policies, as amended by Ord. Nos. 7-1995 and 19-1996.
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.
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof 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.)
Editor's Note: In accordance with § 1-14B, the chapters, articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-17-1999 by Ord. No. 6-1999." Schedule A, which contains a complete description of all changes, is on file in the city offices.
Throughout the Code, the following names and terms are changed as follows:
The following nomenclature changes are enacted in the specific chapters cited:
In Chapter 111, Buildings, Unfit, the terms "Public Officer" and "Housing Division Director" are amended to read "Code Enforcement Official."
In the following chapters, the term "Mercantile Appraiser" is amended to read "Licensing Officer": Chapter 159, Littering, Article III, Distribution of Commercial Advertisements; Chapter 195, Peddling and Soliciting, Article I, Peddlers and Hawkers, and Article III, Transient Merchants or Itinerant Vendors; Chapter 203, Pool and Billiard Parlors; and Chapter 223, Sales, Special.
In the interpretation of wording in the Code of the City of Pleasantville, it is the intention of the City Council that all words purporting the male gender be interpreted to include the female gender as well, unless the context precludes such interpretation.