[HISTORY: Adopted by by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-27-2007 by Ord. No. 2007-1262 (Ch. 1, Art. I, of the 1966 Code)]
A.
Maximum penalty.
For violation of any provisions of this Code or any other ordinance
of the Borough, where no other penalty is prescribed, the maximum
penalty, upon conviction, shall be one or more of the following: imprisonment
in the county jail or in any place provided by the municipality for
the detention of prisoners, for any term not exceeding 90 days; or
by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days. In the event that the Legislature authorizes
an increase in penalties in accordance with N.J.S.A. 40:49-5, then
and in that event it is the intent of this subsection that any and
all such increased penalties shall apply to any violations occurring
hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
A minimum penalty
not exceeding $100 shall apply for any and all violations of any section
of the Code of the Borough of Montvale.
C.
The violation of
any ordinance or section of the Code pertaining to the unlawful disposal
of solid waste shall be subject to a minimum penalty not exceeding
$2,500 or a maximum penalty not exceeding $10,000.
D.
The Court shall
have the power to impose any fine, term of imprisonment, or period
of community service not less than the minimum and not exceeding the
maximum set forth in this section upon any person convicted of violating
any section of the within Code or ordinances of the Borough of Montvale
E.
Any person convicted
of violating an ordinance and/or a section of this Code within one
year of the date of a previous violation of the same ordinance and/or
a section of this Code and who was fined for the previous violation,
shall be sentenced by the 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 established in this section, but shall be calculated
separately from the fine imposed for the violation of the ordinance
and/or section of this Code.
F.
The Borough of Montvale
may waive the additional fine by ordinance or resolution for a repeated
violation of any ordinance and/or section of the Code. Any person
convicted of the violation of any ordinance and/or section of the
Code in the discretion of the Court and in default of the payment
of any fine imposed therefor, be imprisoned in the county jail or
place of detention provided by the municipality, for any term not
exceeding 90 days, or be required to perform community service for
a period not exceeding 90 days.
G.
In the event the
Court wishes to impose a fine in an amount greater than $1,250 upon
an owner of real property for violations of housing or zoning codes
of the Borough, then and in that event a thirty-day grace period shall
be provided to said owner in order to cure or abate the violative
condition, and said owner shall also be afforded an opportunity for
a hearing before a Court of competent jurisdiction for an independent
determination concerning the said violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a Court has not determined otherwise or, upon reinspection of the
property the Court determines that the abatement has not been substantially
completed.
[Adopted 9-29-2020 by Ord. No. 2020-1485]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Montvale of a general and permanent nature adopted by the Mayor and Council of the Borough of Montvale, as revised and codified and consisting of Chapters 1 through 400, together with an Appendix, are hereby approved, adopted, ordained and enacted as Parts I and II of the Code of the Borough of Montvale, 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 1966 Code of the Borough of Montvale, as amended and supplemented.
A.
A copy of
the Code has been filed in the office of the Borough Clerk, 12 Mercedes
Drive, Montvale, New Jersey, 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 Montvale 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 Montvale" shall be understood and intended
to include such additions and amendments.
The Clerk of the Borough of Montvale 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 § 1-3 of this ordinance 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 Montvale 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)
Former Chapter 8, Article II, Stray Animals, of the 1966 Code, adopted 8-14-1897 by Ord. No. 12.
(2)
Former
Ch. 12, Bicycles, of the 1966 Code, adopted 4-11-1951 by Ord. No.
353.
(3)
Former
Ch. 20, Building Code, of the 1966 Code, adopted 10-14-1975 by Ord.
No. 641.
(4)
Former
Ch. 22, Building Design, of the 1966 Code, adopted 9-14-1955 by Ord.
No. 390.
(5)
Former
Ch. 25, Conservation Commission, of the 1966 Code, adopted 8-12-1969
by Ord. No. 563.
(6)
Former
Ch. 26, Crime Prevention, of the 1966 Code, adopted 2-25-1895 by Ord.
No. 3.
(8)
Former
Ch. 42, Art. I, General Regulations, of the 1966 Code, adopted 12-12-1967
by Ord. No. 536, as amended 6-10-1969 by Ord. No. 562.
(9)
Former
Ch. 62, Minimum Construction Requirements, of the 1966 Code, adopted
1-11-1950 by Ord. No. 341.
(10)
Former
Ch. 67, Newsracks, of the 1966 Code, adopted 12-14-1993 by Ord. No.
93-956.
(11)
Former
Ch. 72, Oil-Burning Equipment, of the 1966 Code, adopted 6-11-1952
by Ord. No. 360.
(13)
Former
Ch. 90A, Fieldstone School Recreation Complex, of the 1966 Code, adopted
12-30-2003 by Ord. No. 2003-1213.
(14)
Former
Ch. 90B, Recreation, of the 1966 Code, adopted 6-11-2013 by Ord. No.
2013-1376.
(15)
Former
Ch. 93, Road Construction, of the 1966 Code, adopted 4-12-1966 by
Ord. No. 509.
(16)
Former
Ch. 100, Shade Tree Commission, of the 1966 Code, adopted 5-11-1960
by Ord. No. 426.
(17)
Former
Ch. 109 of the 1966 Code, Streets and Sidewalks: Art. IV, Bushes and
Weeds, adopted 11-13-1897; Art. V, Trees, adopted 8-14-1897; Art.
VI, Obstructions, adopted 8-14-1897 by Ord. No. 10.
(18)
Former Ch. 116, Taxes, Art. II, Transportation of Personal Property, of the 1966 Code, adopted 2-13-1952 by Ord. No. 358.
(19)
Former Ch. 124, Water, Art. I, Use Regulations, of the 1966 Code, adopted 7-14-1954 by Ord. No. 385.
(20)
Former
Ch. A136, Master Plan, of the 1966 Code, adopted 8-9-1950.
(21)
Former
Ch. A 138, Sewer Agreement, of the 1966 Code, adopted 4-8-1969 by
Ord. No. 559.
The adoption of this Code and the repeal of ordinances provided for in § 1-6 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 June 30, 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.
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.[1] (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: Schedule A is on file in the Borough offices.
C.
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)
References
to "Municipal Magistrate" are amended to read "Municipal Judge."
(2)
References
to "Land Use Board," "Board of Adjustment," and "Zoning Board of Adjustment"
are amended to read "Planning Board."
(3)
References
to "Construction Code Official," "Building Code Official," and "Building
Official" are amended to read "Construction Official."
(4)
References
to "Building Inspector" are amended to read "Building Subcode Official."
(5)
References
to "Zoning Enforcement Officer" are amended to read "Zoning Officer."
(7)
Chapter 84 is amended to change references to "patrolman" and "patrolmen" to read "patrol officer(s)"; references to "policeman" and "policemen" are changed to read "police officer(s)."
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
Montvale 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.
