[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2021 by Ord. No. 1627-21]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Emerson of a general and permanent nature adopted by the Mayor and Council of the Borough of Emerson, as revised and codified and consisting of Chapters 1 through 290, together with an Appendix, are hereby approved, adopted, ordained and enacted as Parts I and II of the Code of the Borough of Emerson, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 2003 Code of the Borough of Emerson, as amended and supplemented.
A. 
A copy of the Code 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. Following adoption of this ordinance, such copy shall be certified to by the Clerk of the Borough of Emerson 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 Borough Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Mayor and Council 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 Emerson" shall be understood and intended to include such additions and amendments.
The Clerk of the Borough of Emerson shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Borough Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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 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.
A. 
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of Emerson which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following ordinances have been excluded from the Code and are specifically repealed:
(1) 
Ordinance No. 1359, concerning signs and awings, adopted December 2, 2008, as amended by Ord. No. 1395, Ord. No. 1447, and Ord. No. 1514.
(2) 
Former Chapter 11, Centennial Committee, of the 2003 Code, adopted 8-15-2000 by Ord. No. 1146.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 September 15, 2020.
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. 
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
N. 
The subdivision regulations of the Borough, adopted March 16, 1954, by Ord. No. 341, and all subsequent amendments thereto.
A. 
In preparing the revision and codification of the Borough's ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive 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 formally amended to read as such.
B. 
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof 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 § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
C. 
Nomenclature changes. Throughout the Code, the following titles have been updated as follows:
(1) 
References to "fireman" and "firemen" are amended to read "firefighter" and "firefighters," respectively.
(2) 
References to "Chairman" are amended to read "Chair."
(3) 
In Chapter 290, references to "Building Inspector" are amended to read "Zoning Officer."
(4) 
References to "Code Enforcement Officer" are amended to read "Code Enforcement Official."
(5) 
References to "State Department of Conservation and Economic Development" are amended to read "State Department of Environmental Protection."
(6) 
References to "Assistant Borough Clerk" and "Assistant to the Borough Clerk" are amended to read "Deputy Clerk."
(7) 
References to "Department of Public Works" are amended to read "Department of Municiapl Services," unless doing so would not make sense within the context of the text.
(8) 
References to "Superintendent of Public Works" are amended to read "Superintendent of Municipal Services" unless doing so would not make sense within the context of the text.
(9) 
References to "Foreman" are amended to read "Leadman."
(10) 
References to "Zoning Official" are amended to read "Zoning Officer."
(11) 
References to "Borough Hall" are amended to read "Municipal Building."
(12) 
References to "Property Maintenance Official" are amended to read "Chair."
(13) 
References to the "Land Development Ordinance" are amended to refer to Chapter 290, Zoning, of the Borough of Emerson Codc.
(14) 
References to "Construction Official," "Building Code Official," "Building Department Official," "Construction Code Enforcement Official," and "Construction Code Enforcement Officer" are amended to read "Construction Code Official."
(15) 
The following changes are made to cite the current title "Land Use Board, " unless doing so would not make sense within the context of the text: where both the "Planning Board" and "Zoning Board of Adjustment" are cited, the reference to the "Zoning Board of Adjustment" is deleted; references to only the "Zoning Board of Adjustment" are changed to "Land Use Board; " and references to the "Planning Board" are changed to "Land Use Board."
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Borough of Emerson to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to one or more of the following penalties: a fine of not more than $2,000, 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.
This ordinance shall take effect immediately upon final passage and publication as provided by law.
[Adopted 5-5-2009 by Ord. No. 1373]
[Amended 8-16-2011 by Ord. No. 1431; 6-18-2013 by Ord. No. 1460; 2-18-2014 by Ord. No. 1472; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There is hereby established a Schedule of Minimum Fines for violations of various sections of the Code of The Borough of Emerson as set forth below:
Violation
Code Section
Minimum Fine
Tall weeds and grass
PM 302.4[1]
$75
Snow
§ 240-2A
First offense
$100
Second offense
$250
Rental certificate of occupancy
§ 290-44.1
$150
Sandwich board or temporary sign
§ 232-2S
$100
Improper parking, front lawn
§ 290-13E(3)
$100
Litter on private property
§§ 184-17 and 184-18
$150
Collection regulations
§ 246-6A and B
$100
Commercial sidewalk maintenance
§ 216-26B
$150
Dumpster containers observable
§ 216-26D(1)
$75
Municipal Building Main Lot
§ 274-31
First offense
$100
Second offense
$150
Municipal Building Municipal 131 Lot
§ 274-32
First offense
$100
Second offense
$150
Senior Citizen Lot no permit
§ 274-33
First offense
$100
Second offense
$150
Kenneth St. Lot permit
§ 274-34
First offense
$100
Second offense
$150
Library Lot reserved spaces
§ 180-9
First offense
$100
Second offense
$150
Four-ton weight limit
§ 274-14
First offense
$100
Second offense
$150
Dog license, late renewal
§ 140-9C
First offense
$60
Second offense
$150
Cat license, late renewal
§ 140-26E(2)
First offense
$60
Second offense
$150
Commuter parking
§ 274-27.1
Parking in designated paid reserved spaces along west side of Emerson Plaza East without parking tag
First offense
$100
Second offense
$150
Use of reserved commuter parking tag by unauthorized motor vehicle
First offense
$100
Second offense
$150
[1]
Editor's Note: See Ch. 216, Property Maintenance, Art. III, International Property Maintenance Code, § 216-30, Revised sections.