[HISTORY: Adopted by the Mayor and Council of the Township of Clinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-25-2003 by Ord. No. 837-04]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Clinton of a general and permanent nature adopted by the Township Council of the Township of Clinton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 272, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Clinton," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1999 Code of the Township of Clinton 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 Township 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 Township of Clinton by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, 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 Township of Clinton" 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 Township of Clinton, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. 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, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Township of Clinton 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 which are inconsistent with any provisions of any ordinance 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:
Any ordinance adopted subsequent to October 22, 2003.
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 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 Township'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 ordinance relating to or establishing a pension plan or pension fund for municipal employees.
In compiling and preparing the ordinances and the chapters of the 1999 Revised General Ordinances of the Township of Clinton 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 Township 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.
Derived from Secs. 1-2, 1-3 and 1-5 of the 1999 Code of the Township of Clinton]
For the purpose 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 definitions shall be used in the Code:
- Small Municipality Plan C of the Optional Municipal Charter Law, Chapter 210 of New Jersey Laws of 1950, as amended and supplemented, N.J.S.A. 40:69A-139 through 40:69A-143, and any and all general laws as therein defined which are or may be applicable to the Township.
- CHIEF ADMINISTRATIVE OFFICER
- The Township Administrator.
- CHIEF MUNICIPAL FINANCE OFFICER
- The Chief Financial Officer appointed in accordance with Section 5, P.L. 1988, c. 110, (N.J.S.A. 40A:9-140.10). The Chief Financial Officer shall also be the Director of Finance/Treasurer.
- CLERK or TOWNSHIP CLERK
- The Municipal Clerk duly appointed pursuant to law.
- CONSTRUCTION OFFICIAL
- The Construction Code Official of the Township of Clinton pursuant to the Uniform Construction Code of the State of New Jersey in accordance with N.J.A.C. 5-23.
- The County of Hunterdon.
- The calendar days.
- An organizational unit of the government established or designated by ordinance or otherwise, together with any agency or instrumentality of the government assigned to such organizational unit by the Township Council.
- DIRECTOR OF FINANCE/TREASURER
- See Chief Municipal Finance Officer.
- An organizational unit established within a department.
- Any compensated individual, part-time or full-time, other than an officer or official.
- HEALTH OFFICER
- The Hunterdon County Department of Health and any agent thereof.
- Licensed in accordance with the appropriate section or chapter of this Code.
- To file, codify, index or preserve.
- A calendar month unless otherwise specifically provided.
- MUNICIPAL OFFICER
- Any person elected to, appointed to or employed in any position defined by this chapter.
- Includes an affirmation where an affirmation may be substituted for an oath. In such cases the words "swear" and "sworn" shall be construed to be equivalent to the words "affirm" and "affirmed."
- See "tenant.”
- Same as "division."
- OFFICER or OFFICIAL
- Any individual whether compensated or not, whether part-time or full-time, who is elected to any office of the Township of Clinton; the chief administrative officer; appointed to any Township agency which has the authority to enact ordinances, approve development applications, or grant zoning variances; a member of a board, committee, or commission; appointed to a position specifically provided for by law; or, the director or head of a department, division or office, duly created by Township ordinance. The title of an officer or official shall be construed as if the words of the Township of Clinton followed it.
- 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.
- When applied to a building or land shall include 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.
- Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors of any kind or personal representatives of any kind thereof in any capacity, acting either for himself/herself or for any other person, under either personal appointment or pursuant to law.
- PRECEDING AND FOLLOWING
- Next before and next after, respectively.
- Real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
- Any and every public ground, public square, public park or other public place within the Township.
- Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.
- Includes an 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. "Street" shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent.
- TENANT or OCCUPANT
- Applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
- The Township of Clinton in the County of Hunterdon, State of New Jersey.
- TOWNSHIP COUNCIL
- The governing body of the Township, constituted and elected pursuant to law.
- Seven days.
- A calendar year unless otherwise specifically provided.
- ZONING OFFICER
- The individual in charge of the enforcement of land use ordinances, and shall have all of the powers and duties of the "Administrative Officer" as defined in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law.
Editor's Note: N.J.S.A. 40:69A-139 through 40:69A-143 repealed by L. 1981, c. 465. See now N.J.S.A. 40:69A-115 through 40:69A-119. Section 20 of the Laws of 1981, Chapter 465, provided that municipalities which adopted the Mayor-Council Plan prior to January 9, 1982, may continue to be governed by that plan.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular and also firms, bodies corporate, associations and other artificial persons, where appropriate.
Shall is mandatory and may is permissive.
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 be a Sunday or a legal holiday, or a day on which the offices of the Township are closed, that day shall be excluded.
Week shall mean seven calendar days.
Writing and written shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
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.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
Maximum penalty. Any person who shall violate any provision of this Code or other ordinance of the Township, where no specific penalty is provided regarding the section violated, shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding $1,250 or imprisonment for a period not exceeding 90 days or to a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court. (N.J.S.A. 40:49-5)
[Amended 3-27-2002 by Ord. No. 770-02]
Minimum penalty. The Township Council may prescribe that for the violation of any particular provision of the Code or of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100. The court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of punishment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or such ordinance.
Additional fine for repeat offenders.
Any person who is convicted of violating this Code or an ordinance within one year of the date of a previous violation of the same provision of this Code or of the same ordinance, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance or Code provision, but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
If the Township Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the Township Council may waive the additional fine by ordinance or resolution.
Default of payment of fine. Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the Township for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Township exists shall constitute a separate violation.
Discretion of Judge in imposing penalty. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.