Borough of Florham Park, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Borough Council of the Borough of Florham Park as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Adoption of Code by Board of Health - See Ch. 253.

Article I Adoption of Code by Borough Council

[Adopted 2-16-1988 by Ord. No. 3-88]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the various chapters and Articles of the General Ordinances, 1969 Code of the Borough of Florham Park, and the other ordinances of the Borough of Florham Park of a general and permanent nature adopted by the Borough Council of the Borough of Florham Park, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 252, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Florham Park," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede the 1969 Code of the Borough of Florham Park, and 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.

§ 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 Borough 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 Borough of Florham Park 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 Clerk of the Borough, 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 Borough of Florham Park" 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 Borough of Florham Park, 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 Borough. 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 Borough 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 5-16-2006 by Ord. No. 10-06]

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 Borough of Florham Park 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.

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 are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter saved from repeal.

§ 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 are hereby expressly saved from repeal:

A. Any ordinance adopted subsequent to July 15, 1985.

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 or obligation.

I. The levy or imposition of taxes, assessments or charges.

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 and all legislation regulating zoning in the Borough of Florham Park.

§ 1-14 Changes in previously adopted ordinances.

A. 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 Borough 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. 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: Pursuant to § 1-14B, the following sections were amended or added: §§ 8-1, 8-3, 16-2, 16-3, 25-19, 25-20, 42-7, 46-4, 94-4, 94-6, 94-8, 108-9, 122-2, 131-6, 171-12, 188-4A, 188-10A, 188-11C(1)(c) and (7)(a), 212-7D, 212-38B, 212-41, 212-42A and 212-43A. The following sections were deleted: § 14-3(b) and (d) of the 1969 Code and Section 20-11(g) of Ord. No. 5-77. A complete description of each change is on file in the office of the Borough Secretary.

C. In addition, the following sections are hereby amended to delete the specific penalty therefrom and to provide that such violations shall be punishable as provided in Chapter 1, § 1-16, of this Code.[2]

[2] Editor's Note: Pursuant to § 1-14C, the following penalty sections were amended: §§ 68-3A, 68-6A, 77-6, 80-11, 90-8, 131-6, 150-5, 159-5, 179-5, 188-16A, 199-37, 208-6, 229-12, and 235-4.

§ 1-15 Definitions and word usage.

In the construction of this Code and of all other ordinances of the Borough, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Borough Council:

A. Definitions. As used in this Code, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Florham Park.

CODE

The Code of the Borough of Florham Park, New Jersey.

COUNCIL or BOROUGH COUNCIL

The Borough Council of the Borough of Florham Park.

COUNTY

The County of Morris.

GOVERNING BODY

The Mayor and Council of the Borough.

MONTH

A calendar month.

OWNER

As applied to a building or land, includes 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.

PERSON

Shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

PRECEDING; FOLLOWING

Next before and next after, respectively.

STATE

The State of New Jersey.

STREET

Includes a highway, road, avenue, court, public lane or alley; and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Borough Council.

WRITING or IN WRITING

Includes any representation of words, letters or figures, whether by printing or otherwise.

B. Word usage.

(1) Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.

(2) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(3) Number, A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

(4) Shall; may. The word "shall" is mandatory; the word "may" is permissive.

(5) Tense. Words used in the past or present tense include the future.

§ 1-16 General penalty.

[Amended 5-17-1988 by Ord. No. 10-88]

A. Except as hereinafter provided, whenever in this Code or in any other ordinance of the Borough or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the Borough any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or in such other Borough ordinance, rule, regulation or order the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any other ordinance of the Borough or of any rule, regulation or order promulgated pursuant to such Code or other Borough ordinance shall be assessed a fine not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days.

[Amended 6-18-2002 by Ord. No. 11-02; 5-16-2006 by Ord. No. 10-06]

B. Each day any violation of this Code or any other Borough ordinance or rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided and as established by the Municipal Court.

C. Any person convicted of the violation of an ordinance and who is in default of the payment of any fine imposed therefor may, in the discretion of the Court, be imprisoned in the Morris County Jail or its equivalent for a term not to exceed 90 days or may be required to perform community service for a period not exceeding 90 days.

D. Whenever any provision of the New Jersey Revised Statutes limits the authority of the Borough to administer the violation of any particular provision of this Code or other Borough ordinance or rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then violation of such particular provision of this Code or other Borough ordinance, rule, regulation or order shall be administered by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine, imprisonment or community service, where applicable.

E. Whenever any such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in such manner as may be provided by law.

F. The fine for parking in a handicapped zone shall be $250, as promulgated by Chapter 161 of P.L. 2003.[1]

[Added 3-16-2004 by Ord. No. 2-04]

[1] Editor's Note: See N.J.S.A. 39:4-197.