[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-17-1999 by Ord.
No. 6-1999]
Be it ordained and enacted by the City Council of the City of Pleasantville,
County of Atlantic, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Pleasantville, including provisions of the 1982 Code, of a general and permanent nature adopted by the City Council of the City of Pleasantville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 290, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Pleasantville," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and permanent
ordinances, including provisions of the 1982 Code, 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 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 Pleasantville
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.
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 Pleasantville" 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 City of Pleasantville, 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.
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 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.
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 Pleasantville
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 or 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, including provisions of the 1982
Code, 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
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 are hereby expressly saved from repeal:
A.Â
Any ordinance adopted subsequent to 12-8-1998.
B.Â
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.Â
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.Â
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.Â
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.Â
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.Â
Any ordinance 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.
H.Â
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
I.Â
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.Â
The dedication of property or approval of preliminary
or final subdivision plats.
K.Â
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers and employees.
L.Â
Any ordinance adopting or amending the Zoning Map.
M.Â
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.Â
Any ordinance regulating rent control in the city.
O.Â
All currently effective ordinances providing for the
administration of government, including but not limited to:
(1)Â
Chapter 3 of the 1982 Code, Administration of Government,
as amended by Ord. Nos. 8-1985, 19-1985, 7-1987, 8-1987, 25-1987, 17-1992,
10-1995, 20-1995 and 53-1997.
(3)Â
Chapter 40 of the 1982 Code, Public Works Department,
as amended by Ord. Nos. 14-1986, 3-1996, 9-1997 and 12-1997.
(4)Â
Ordinance No. 7-1991, Ward Commission.
(5)Â
Ordinance No. 3-1994, Public Defender, as amended by
Ord. No. 52-1997.
(6)Â
Ordinance No. 16-1998, Department of Revenue and Finance.
P.Â
All currently effective ordinances regulating personnel
policies, including but not limited to Chapter 34 of the 1982 Code, regarding
employee rules and regulations; and Ord. No. 26-1987, regarding management
and staff policies, as amended by Ord. Nos. 7-1995 and 19-1996.
A.Â
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.
B.Â
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: In accordance with § 1-14B, the chapters, articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-17-1999 by Ord. No. 6-1999." Schedule A, which contains a complete description of all changes, is on file in the city offices.
C.Â
Nomenclature changes.
(1)Â
Throughout the Code, the following names and terms are
changed as follows:
|
Former Title
|
New Title
| |
|---|---|---|
|
Building Regulations and Permits Department
|
Building Department
| |
|
Bureau of Fire Prevention
|
Fire Subcode Official
| |
|
Dog Warden
|
Animal Control Officer
| |
|
Building Inspector
|
Building Subcode Official
| |
|
Plumbing Inspector
|
Plumbing Subcode Official
| |
|
Electrical Inspector
|
Electrical Subcode Official
| |
|
Street Department
|
Public Works Department
| |
|
Director of Finance
|
Director of Revenue and Finance
| |
|
Director of Water Pollution Control
|
Superintendent of Public Works
| |
|
Superintendent of Water Pollution Control
|
Superintendent of Public Works
| |
|
Board of Health
|
Atlantic County Board of Health
|
(2)Â
The following nomenclature changes are enacted in the
specific chapters cited:
(a)Â
In Chapter 111, Buildings, Unfit, the terms "Public Officer" and "Housing Division Director" are amended to read "Code Enforcement Official."
(d)Â
In the following chapters, the term "Mercantile Appraiser" is amended to read "Licensing Officer": Chapter 159, Littering, Article III, Distribution of Commercial Advertisements; Chapter 195, Peddling and Soliciting, Article I, Peddlers and Hawkers, and Article III, Transient Merchants or Itinerant Vendors; Chapter 203, Pool and Billiard Parlors; and Chapter 223, Sales, Special.
In the interpretation of wording in the Code of the City of Pleasantville,
it is the intention of the City Council that all words purporting the male
gender be interpreted to include the female gender as well, unless the context
precludes such interpretation.
[During the process of codification, certain complete new ordinances were approved by the City Council for inclusion in the Code of the City of Pleasantville. Such new ordinances are noted in the histories of the individual chapters/articles as "Adopted by the City Council of the City of Pleasantville during codification (see Ch. 1, General Provisions, Art. II)." During the course of routine supplementation, specific amendment dates and ordinance numbers will be inserted where pertinent in the text. The listing below sets forth each chapter and article affected by any such legislation adopted during codification. The complete text of such ordinances is on file in the office of the City Clerk where it may be inspected during regular office hours.]
