[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Code by Board of Health - See Ch. 253.
[Adopted 2-16-1988 by Ord. No. 3-88]
Pursuant to N.J.S.A. 40:49-4, the various chapters and Articles of the General Ordinances, 1969 Code of the Borough of Florham Park, and the other ordinances of the Borough of Florham Park of a general and permanent nature adopted by the Borough Council of the Borough of Florham Park, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 252, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Florham Park," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1969 Code of the Borough of Florham Park, 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 Borough 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 Borough of Florham Park 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 Florham Park" 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 Florham Park, 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.
[Amended 5-16-2006 by Ord. No. 10-06]
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 Florham Park 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 $2,000 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 § 1-12 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 15, 1985.
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 and all legislation regulating zoning in the Borough
of Florham Park.
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 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.
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 § 1-14B, the following sections were amended or added: §§ 8-1, 8-3, 16-2, 16-3, 25-19, 25-20, 42-7, 46-4, 94-4, 94-6, 94-8, 108-9, 122-2, 131-6, 171-12, 188-4A, 188-10A, 188-11C(1)(c) and (7)(a), 212-7D, 212-38B, 212-41, 212-42A and 212-43A. The following sections were deleted: § 14-3(b) and (d) of the 1969 Code and Section 20-11(g) of Ord. No. 5-77. A complete description of each change is on file in the office of the Borough Secretary.
In the construction of this Code and of all
other ordinances of the Borough, the following rules shall be observed,
unless such construction would be inconsistent with the manifest intent
of the Borough Council:
A.
BOROUGH
CODE
COUNCIL or BOROUGH COUNCIL
COUNTY
GOVERNING BODY
MONTH
OWNER
PERSON
PRECEDING; FOLLOWING
STATE
STREET
WRITING or IN WRITING
Definitions. As used in this Code, the following terms
shall have the meanings indicated:
The Borough of Florham Park.
The Code of the Borough of Florham Park, New Jersey.
The Borough Council of the Borough of Florham Park.
The County of Morris.
The Mayor and Council of the Borough.
A calendar month.
As applied to a building or land, includes any part owner,
any corporation, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
Shall extend and be applied to associations, firms, partnerships
and bodies politic and corporate as well as to individuals.
Next before and next after, respectively.
The State of New Jersey.
Includes a highway, road, avenue, court, public lane or alley;
and it shall also be construed to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction would
be inconsistent with the manifest intent of the Borough Council.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
B.
Word usage.
(1)
Computation of time. Whenever a notice is required
to be given or an act to be done a certain length of time before any
proceeding shall be had, the day on which such notice is given or
such act is done shall not be counted in computing the time, but the
day on which such proceeding is to be had shall be counted.
(2)
Gender. A word importing the masculine gender only
shall extend and be applied to females and to firms, partnerships
and corporations as well as to males.
(3)
Number, A word importing the singular number only
may extend and be applied to several persons and things as well as
to one person and thing.
(4)
Shall; may. The word "shall" is mandatory; the word
"may" is permissive.
(5)
Tense. Words used in the past or present tense include
the future.
[Amended 5-17-1988 by Ord. No. 10-88]
A.
Except as hereinafter provided, whenever in this Code
or in any other ordinance of the Borough or in any rule, regulation
or order promulgated pursuant to such Code or other ordinance of the
Borough any act is prohibited or is made or declared to be unlawful
or an offense or a misdemeanor, or whenever in such Code or in such
other Borough ordinance, rule, regulation or order the doing of any
act is required or the failure to do any act is declared to be unlawful,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or of any other ordinance of the Borough
or of any rule, regulation or order promulgated pursuant to such Code
or other Borough ordinance shall be assessed a fine not exceeding
$2,000 or by imprisonment for a period not exceeding 90 days or by
a period of community service not exceeding 90 days.
[Amended 6-18-2002 by Ord. No. 11-02; 5-16-2006 by Ord. No.
10-06]
B.
Each day any violation of this Code or any other Borough
ordinance or rule, regulation or order promulgated pursuant thereto
shall continue shall constitute a separate offense, unless otherwise
provided and as established by the Municipal Court.
C.
Any person convicted of the violation of an ordinance
and who is in default of the payment of any fine imposed therefor
may, in the discretion of the Court, be imprisoned in the Morris County
Jail or its equivalent for a term not to exceed 90 days or may be
required to perform community service for a period not exceeding 90
days.
D.
Whenever any provision of the New Jersey Revised Statutes
limits the authority of the Borough to administer the violation of
any particular provision of this Code or other Borough ordinance or
rule, regulation or order promulgated pursuant thereto to a fine of
less amount than that provided in this section or imprisonment for
a shorter term than that provided in this section, then violation
of such particular provision of this Code or other Borough ordinance,
rule, regulation or order shall be administered by the imposition
of not more than the maximum fine or imprisonment so authorized or
by both such fine, imprisonment or community service, where applicable.
E.
Whenever any such fine is imposed upon any corporation,
such fine and costs and charges incident thereto may be collected
in such manner as may be provided by law.
