[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Borough Council
Article II Penalties
[Adopted 5-8-1986 by Ord. No. 8-86]
Pursuant to N.J.S.A. 40:49-4, the various chapters and articles of the Revised General Ordinances, 1971, of the Borough of Upper Saddle River, and the other ordinances of the Borough of Upper Saddle River of a general and permanent nature adopted by the Borough Council of the Borough of Upper Saddle River, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 150, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Upper Saddle River," hereinafter known and referred to as the "Code."
This article and the Code shall supersede the Revised General Ordinances, 1971, of the Borough of Upper Saddle River, 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 article 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 article; and, if this article shall be adopted, such copy shall be certified to by the Clerk of the Borough of Upper Saddle River 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 Upper Saddle River" 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 Upper Saddle River, 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 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 Borough 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 Borough of Upper Saddle River to be misrepresented thereby. Anyone violating this section or part of this article 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 article 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 article 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 article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to August 1, 1985.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this article, 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 article 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 article, 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 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.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
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.
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 Borough 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 following changes, amendments or revisions are made herewith, to become effective upon the effective date of this article. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-14B, the following were added or amended: §§ 3-1, 3-2, 3-3C(1), 3-29B(3), 3-38A, 3-39B(1) and (3), 3-40A, 3-41, 3-42, 3-50C, 3-52D, 3-65, 10-17, 10-35, 10-38B, 16-3A, 28-8D and G, 28-10, 31-4B, 31-7, 31-8, 31-10, 31-12, 36-5, 41-10A, 60-6, 60-13A(2), 60-13B(2)(b), 60-14C, 65-3, 65-6, 72-6, 76-41, 76-53B, 76-58, 80-9, 86-4A, 92-5, 98-5Q, 98-8, 102-1, 107-8, 114-2, 118-4G, 118-13, 122-2A and C, 122-3, 122-4A, 122-5, 122-8, 122-9, 122-10C, E and H, 122-11A and C, 122-12B, C and D, 122-13, 122-20, 126-4, 126-9C, 126-11A(20), 126-53, 133-4, 143-5, 143-6, 150-2, 150-3, 150-10B, 150-34, 150-35, 150-36A, B, C, J and K, 150-37, 150-38 and Art. VIII of Ch. 3. In addition, the following were deleted: original Section 3-4, original Section 7-4, original Subsection b, original Subsection c, original off-street parking, original Section 14-3.1b, original Subsection 14-5.4, original Subsection d and original Subsection 14-6.6 of the Revised General Ordinances, 1971. A complete description of each change is included in Ord. NO. 8-86 and is on file in the office of the Borough Clerk.
[Adopted 9-8-1988 by Ord. No. 16-88]
[Amended 5-10-2006 by Ord. No. 5-06]
Except as otherwise provided in this Code, the maximum penalty for violation of any provision of this Code shall, upon conviction, be a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days.
Notwithstanding the provisions of Subsection A of this section, should the Borough chose to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, in such event the Borough shall provide a thirty-day period in which the owner shall 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 a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.