[HISTORY: Adopted by the Mayor and Council
of the Borough of Brooklawn as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Health general provisions — See Ch. 153.
[Adopted 4-21-86 as Ord. No. 7-86]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Brooklawn of a general and permanent nature, adopted by the Mayor and Council of the Borough of Brooklawn, 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 Brooklawn,” 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.
All provisions of this ordinance and the Code
shall be in full force and effect in accordance with the applicable
provisions of 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 Brooklawn 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 the 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 Brooklawn” 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 the said Code, as amendments and
supplements thereto.
The Clerk of the Borough of Brooklawn, 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 the Clerk's
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 charges
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 Brooklawn to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon, conviction, to a fine of not more than $500 or 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
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 April 22, 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 provisions,
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.
Any ordinance creating positions of employment with
the borough and/or establishing the amount and manner of payment of
salaries or compensation of officers and employees and providing for
employee vacations and leaves.
L.
Any ordinance regulating traffic or parking in the
borough.
M.
Any ordinance amending the Zoning Map of the Borough
of Brooklawn.
N.
An ordinance adopted October 8, 1952, to regulate
the sale, manufacture or distribution of lumber in the borough.
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: Pursuant to § 1-148. the following Code sections and chapters were amended. added or revised: §§ 39-3, 39-8, 52-1, 52-6, 60-4, 63-1, 63-2A. B and F, 80-1, 80-3, 80-4, 80-5, 80-6, 80-10, 86-7, 86-13, 86-14, 86-15A(1), 98-3, 98-4, 98-5, 98-6, 101-5, 113-7, 121-3, 121-4, 121-5, 121-11, 124-1, 124-2, 124-6, 124-10, 127-8, 127-9, 133-10C, 133-18, 133-20, 136-1, 136-A and B, 150-5B, 150-52, 150-54, 150-55 and Chapter 75. A complete description of these changes is on file in the office of the Borough Clerk.
A.
Unless a specific penalty is provided by New Jersey
statute or is provided elsewhere in this Code or in other ordinances
of the Mayor and Council for a particular violation, any person, firm
or corporation who or which shall violate any of the provisions of
this Code, or any provision of any code or regulation adopted by reference
therein or any order promulgated under such provisions, code or regulation,
by doing any act prohibited or declared unlawful or a violation thereof
or who shall engage in or exercise any business or occupation or do
anything for which a license or permit is required thereby without
having a valid license or permit therefor as required or who shall
fail to do any act required by any such provision or when such provision
declares such failure to be unlawful or to be a violation shall, upon
conviction thereof, be liable for 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, or any combination
of the penalties so listed, in the discretion of the Judge of the
Municipal Court before whom such violation is heard and conviction
made.
[Amended 11-15-2004 by Ord. No. 17-04; 2-21-2006 by Ord. No.
2-06]
B.
A separate offense shall be deemed committed on each
day during or on which a violation of the Code or of any other ordinance
of the borough, punishable by fine or imprisonment, or both, occurs
or continues.
C.
The imposition of a fine or imprisonment as punishment
for a violation of the Code or of any other ordinances of the borough,
shall not be deemed to be in lieu of any other provision therein providing
for revocation or suspension of any license or permit issued thereunder
.
D.
The provisions of this section shall be applicable
to the violation of any ordinance adopted as an amendment of or addition
to the Code of the Borough of Brooklawn and in which no other penalty
provision is included.
E.
In any case where a fine in excess of $1,250 is sought
to be imposed for a housing violation or for a zoning violation, any
person, firm or corporation who or which shall violate any of the
provisions of this Code, or any provision of any code or regulation
adopted by reference therein or any order promulgated under such provisions,
shall be provided a thirty-day period in which such person, firm or
corporation has an opportunity to cure or abate the condition, and
the person, firm or corporation shall have an opportunity for a hearing
before the court. After the thirty-day period the higher fine may
be imposed if, in the discretion of the Judge of the Municipal Court
before whom such violation is heard and conviction made, it is determined
that the abatement has not been substantially completed.
[Added 2-21-2006 by Ord. No. 2-06]
[Adopted 7-18-2011 by Ord. No. 9-11]
A.
Each Councilperson
shall cooperate with the Mayor in preserving order and decorum, and
no Councilperson shall, by conversation or otherwise, delay or interrupt
the proceedings of the Borough Council, nor disturb any Councilperson
while speaking, or fail to abide by the orders of the Borough Council
or the Mayor.
B.
Any person
who shall disturb the peace of the Borough Council, make impertinent
or slanderous remarks or conduct himself in a boisterous manner while
addressing the Borough Council, shall be forthwith barred by the Mayor
from further audience before the Borough Council, except that if the
speaker shall submit to proper order under these rules, permission
for him to continue may be granted by a majority vote of the Borough
Council.
C.
The Brooklawn
Police Department shall, upon request of the Mayor, designate a member
of the Police Department to serve as Sergeant at Arms at the Borough
Council meetings. The designated police officer shall carry out all
orders and instructions given by the Mayor or any Councilperson for
the purpose of maintaining order and decorum of the meeting. Furthermore,
the Borough Clerk is directed to contact the Chief of Police to inform
the Police Department of the time and date of the meeting to be held.
The Police Department shall take any and all appropriate steps within
the parameters of law, including the use of electronic equipment,
to secure the Borough Council Meeting Room and provide adequate protection
for the citizens and Councilpersons attending said meetings.
D.
Any person
wishing to address the Borough Council shall be given one five-minute
time period per meeting to comment in public session. Time cannot
be shared or allotted with other speakers. The allotted time of five
minutes shall include and commence from the beginning of the speaker’s
remarks, and includes any time that passes during questioning or colloquy
between the speaker and the Borough Council. In the event a person
representing a class or group seeks to speak on behalf of that class,
group or organization, additional time may be granted to that person
by the Borough Council. Any person who continues beyond their five-minute
time limit will be asked to cease their comments and return to their
seats. If a speaker refuses to conclude their comments at that time,
Brooklawn police officers will escort the person from the podium.
If the individual still refuses to leave the podium, he or she will
be arrested and charged as a disorderly person.
E.
Borough
Council meetings shall be conducted in a courteous manner. Citizens
and Councilpersons will be allowed to state their positions in an
atmosphere free of slander, threats of violence or the use of Borough
Council as a forum for politics. Sufficient warnings may be given
by the Mayor at any time during the remarks and, in the event that
any individual shall violate the rules of decorum heretofore set forth,
the Mayor may then cut off comment or debate.
F.
Each Councilperson
and every member of the public shall be required to utilize a silent
alert mode on or to mute the sound emitted from all electronic devices
in their possession (including but not limited to cellular telephones,
pagers, radios, personal data assistants, and hand-held or portable
computers) during all Borough Council meetings subject to the Open
Public Meetings Act, N.J.S.A. 10:4-6 et seq. Law enforcement and emergency
services personnel acting in their official capacity shall be exempt
from the provisions described herein.
