Atlantic City, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the other ordinances of the City of Atlantic City of a general and permanent nature adopted by the City Council of the City of Atlantic City, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 254, are hereby approved, adopted, ordained and enacted as the "Code of the City of Atlantic City," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all 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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the City 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 City of Atlantic City by impressing thereon the Seal of the city, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the city, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

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 City of Atlantic City" 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.

§ 1-6 Publication; filing.

The Clerk of the City of Atlantic City, 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 city. 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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

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 City Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

[Amended 11-25-2008 by Ord. No. 104]

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 City of Atlantic City 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.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repeal of ordinances.

[Amended 8-9-1989 by Ord. No. 40-1989; 6-20-1990 by Ord. No. 48-1990; 8-28-1991 by Ord. No. 60-1991]

All ordinances or parts of ordinances of a general or permanent nature adopted and in force on the date of the adoption of Ordinance No. 2-1989 and not contained in the Code of the City of Atlantic City arc saved from repeal until August 31, 1992.

§ 1-13 Ordinances 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 arc hereby expressly saved from repeal:

Any ordinance adopted subsequent to December 9, 1987.

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 city's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

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 regulating vehicles and traffic in the City of Atlantic City.

All legislation pertaining to taxation.

Ordinance Nos. 64-1980, adopted 7-31-1980; 32-1979, adopted 6-7-1979; 14-1962, adopted 6-14-1962; and 21-1956, adopted 12-20-1956; regulating the use of water.

Ordinance No. 25-1982, adopted 4-7-1982, amending taxi stand designations in the city.

Ordinance Nos. 36-1983, adopted 7-20-1983, and 11-1927, adopted 2-24-1927, regulating firearms and fireworks.

Ordinance No. 56-1979, adopted 8-24-1979, granting tax deferral benefits to senior citizens.

Ordinance No. 86-1980, adopted 9-10-1980, providing monetary compensation to employees deprived of ability to use compensatory time due to election to public office.

Ordinance No. 23-1981, adopted 3-26-1981, prohibiting reinstatement of a municipal employee having received supplemental compensation upon retirement.

Ordinance No. 74-1981, adopted 11-19-1981, establishing regulations governing annual, sick or other leaves of absence.

Ordinance No. 75-1981, adopted 11-19-1981, regulating annual, sick or other leaves for temporary employees.

Ordinance No. 16-1983, adopted 3-31-1983, prohibiting investment of public funds in institutions and companies doing business with South Africa.

Ordinance No. 28-1984, adopted 4-18-1984, relating to repair, closing and demolition of unfit buildings.

Ordinance No. 18-1985, adopted 3-7-1985, permitting the F.A.A. to grant easement to Atlantic City Municipal Utilities Authority for access to new well field.

Ordinance No. 59-1985, adopted 8-14-1985, requiring business owners to provide information necessary to contact owner in an emergency.

Ordinance No. 61-1985, adopted 8-14-1985, changing name of "Atlantic City Civil Defense Office" to Atlantic City Office of Emergency Management, etc.

AA.

Ordinance No. 98-1985, adopted 11-8-1985, establishing titles and salary ranges for officers and employees of the city.

BB.

Ordinance No. 63-1986, adopted 9-3-1986, authorizing Trams/Atlantic to operate trams on Boardwalk for three years.

§ 1-14 Changes in previously adopted ordinances.

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 City 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.

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 the provisions of § 1-14B, the following sections were added or amended: §§ 4-72.1, 7-2, 7-11, 7-17, 81-7, 89-4, 89-6, 89-7B, 89-48, 89-52, 89-60, 92-2, 92-12, 94-4, 98-3H, 98-41, 98-6A and C, 99-4, 99-8, 103-3, 105-8, 106-6, 108-10A, 121-12B, 121-27, 121-33, 145-19, 145-42, 145-44, 147-12, 155-7, 155-10, 155-13, 155-14, 155-18, 158-6, 158-24, 158-27, 183-2, 197-7, 197-9, 203-10, 204-18, 204-22, 204-30, 220-4, 222-24F, 222-28, 222-31, 222-33, 222-36, 233-57, 233-63, 251-32 and 251-40.

The following sections were deleted: original Sections 2, 3 and 6 of Ord. No. 44-1979; and original Subsection C of Section 2 of Ord. No. 37-1977.

A complete description of each amendment or addition is included in Ord. No. 2-1989, a copy of which is on file in the office of the City Clerk.

§ 1-15 Incorporation of provisions into Code.

This ordinance shall, upon adoption, be included in the Code of the City of Atlantic City as Chapter 1, General Provisions, Article I, Adoption of Code.