[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-1995 by Ord. No. 1226]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Palisades Park of a general and permanent nature adopted by the Mayor and Council of the Borough of Palisades Park, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 300, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Palisades Park," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede 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
Palisades 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 Palisades 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 Palisades 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 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 Mayor and 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 Palisades
Park 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, 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 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 provided.
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 February 14, 1995.
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, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
M.
Ordinance No. 973, adopted February 24, 1983, pertaining
to the establishment of the position of Deputy Police Chief.
N.
Section 2-14, Police Department, of the Revised General
Ordinances of 1975, and any amendments thereto.
A.
BOROUGH
CLERK or BOROUGH CLERK
DEPARTMENT
LICENSED
MAYOR AND COUNCIL or COUNCIL
MONTH
ORDINANCE
PERSON
STREET
WRITING and WRITTEN
YEAR
For the purposes of this Code, and in the interpretation
and application of all other ordinances heretofore or hereafter adopted, except
as the context may otherwise require, the following terms shall have the meanings
indicated:
The Borough of Palisades Park in the County of Bergen and State of
New Jersey.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the government established or designated
by ordinance or this Code as a department, together with any agency or instrumentality
of the government assigned to such organizational unit by the Mayor and Council.
Licensed in accordance with the appropriate section or chapter of
this Code.
The Mayor and Council of the Borough of Palisades Park.
A calendar month unless otherwise specifically provided.
Any act of local legislation heretofore or hereafter adopted, and
including this Code, so long as it is adopted by the procedure required for
the adoption of an ordinance and so long as it remains in force and effect
pursuant to law.
Any individual, natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, corporations or unincorporated groups;
or any officers, agents, employees, servants, factors or any kind of personal
representatives of any thereof in any capacity, acting either for himself
or for any other person, under either personal appointment or pursuant to
law.
A street, avenue, road, alley, lane, highway, boulevard, concourse,
driveway, culvert, sidewalk, and crosswalk, and every class of road, square,
place or municipal parking field used by the general public.
Includes printing, typewriting and any other mode of communication
using paper or similar material which is in general use, as well as legible
handwriting.
A calendar year unless otherwise specifically provided.
B.
Construction. For the purpose of this Code and any other
ordinances heretofore or hereafter adopted, except as the context may otherwise
require:
(1)
The present tense includes the past and future tenses
and the future, the present.
(2)
The masculine gender includes the feminine and neuter.
(3)
The singular number includes the plural and the plural
the singular.
(4)
"Shall" is mandatory and "may" is permissive.
(5)
The time within which an act is to be done shall be computed
by excluding the first and including the last day and if the last day is a
Sunday, a legal holiday or a day on which the offices of the borough are closed,
that day shall be excluded.
(6)
Whenever a specific time is used in this Code, it shall
mean the prevailing and established time in effect in the State of New Jersey
during any day in any year.
(7)
Any citation of a statute, law or ordinance contained
in this revision shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
A.
Maximum penalty. For violation of any provision of this
Code or any other ordinance of the borough where no specific penalty is provided
regarding the section violated, any person, firm, association, partnership
or corporation so violating shall, upon conviction, be subject to one or more
of the following: a fine not exceeding $1,000, imprisonment in the county
jail for a term not exceeding 90 days or a period of community service not
exceeding 90 days, all of the aforesaid, however, being in the discretion
of the Judge or other officer having jurisdiction.
B.
Separate violations. Except as otherwise provided, every
day in which a violation of any provision of this Code or any other ordinance
of the borough exists shall constitute a separate violation.
C.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
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 Mayor and 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 § 1-16B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "[Amended (added) 8-15-1995 by Ord. No. 1226]." A complete description of the changes is on file in the borough offices.
[Adopted 6-19-2001 by Ord. No. 1380]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Palisades
Park of a general and permanent nature adopted by the Mayor and Council of
the Borough of Palisades Park on August 15, 1995, as revised, codified and
consolidated into chapters and sections by General Code Publishers Corp.,
is hereby reformatted in a form as approved by the Governing Body.
The adoption of the Code of the Borough of Palisades Park shall not
be construed as a repeal of any legislation dealing with vehicles and traffic
which are specifically saved from repeal.
If any section, subsection, sentence, clause or phrase of this article
is for any reason held to be unconstitutional or invalid, such decision shall
not affect the remaining portions of this article.
This article shall take effect immediately upon final passage, approval
and publication as required by law.
