[HISTORY: Adopted by the Township Council of the Township of Livingston as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1979 as Ch. 1 of the 1979 Revised General Ordinances; amended in its entirety 3-7-2005 by Ord. No. 3-2005]
In the construction of the Code of the Township of Livingston, and of all other ordinances of the Township, words and phrases shall be read and construed with their context, and shall, unless inconsistent with the manifest intent of the Township Council or unless another or different meaning is expressly indicated, be given their generally accepted meaning, according to the approved usage of the language. Technical words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with such technical or special and accepted meaning.
Unless otherwise expressly provided, or unless there is something in the subject or context repugnant to such construction, or unless inconsistent with the manifest intent of the Council, the following words and phrases, when used in the Code of the Township of Livingston or in any other ordinances of the Township, shall have the meanings herein given:
- AND; OR
- May be construed as meaning "or," and "or" as "and," if the sense requires it.
- The provisions of Article 12A of the Optional Municipal Charter Law, L. 1950, c. 210, as amended (N.J.S.A. 40:69A-1 et seq.) applicable to that form of government provided therein known as "Council-Manager Plan E."
- The Municipal Council of the Township of Livingston.
- The County of Essex, New Jersey.
- Words importing the masculine gender shall apply to females as well as to males, and to firms, associations, bodies corporate, and other artificial persons.
- GENERAL LAW
- Any law or provision of law, not inconsistent with the Optional Municipal Charter Law heretofore or hereafter enacted which is by its terms applicable or available to all municipalities, and the following additional laws whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation, local courts, education, health, public authorities serving more than one municipality, and municipalities in unsound financial condition.
- GOVERNING BODY
- The Municipal Council of the Township of Livingston, duly elected as provided by law, or such other duly authorized body as shall be charged by law with governing the Township.
- HIGHWAY or PUBLIC HIGHWAY
- See "street."
- See "Township Manager."
- A person under 18 years of age.
- A calendar month.
- MUNICIPAL MANAGER
- See "Township Manager."
- The Township of Livingston.
- NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C.
- The official instrument of the state for codification of its rules.
- NEW JERSEY STATUTES or N.J.S.A.
- That body of statutory law containing revisions of the Revised Statutes of New Jersey and known as the New Jersey Statutes, as amended and supplemented.
- Words used in the singular number include the plural, and words used in the plural include the singular number.
- Includes "affirmation"; and "swear" and "sworn" include "affirm" and "affirmed."
- See "tenant."
- OFFICER OR OFFICIAL, AND THE TITLE OF AN OFFICER OR OFFICIAL
- Shall be construed as if the words "of the Township of Livingston" followed it.
- See "and."
- Includes sole owner and any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land, and personal property.
- Includes corporations, companies, societies, firms, partnerships, associations, organizations and any other group or entity acting as a unit, as well as an individual.
- PERSONAL PROPERTY
- Includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon, property or any debt of financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated in whole or in part, and every thing, except real property as herein defined, which may be the subject of ownership.
- PRECEDING; FOLLOWING
- Next before and next after, respectively.
- Includes real and personal property.
- PUBLIC GROUND, PUBLIC SQUARE, OR PUBLIC PLACE SEVERALLY
- Any and every public ground, public square, public park or other public place within the Township which is within the jurisdiction and control of the Township, and which is or may be in general use by all citizens, and in which all have an equal right of passage and repassage at will.
- REAL PROPERTY
- Includes lands, tenements and hereditaments, all rights thereto and interests therein.
- REVISED STATUTES
- That body of statutory law known as the Revised Statutes of New Jersey (1937) containing the general and permanent laws of the state adopted on December 20, 1937, as amended and supplemented.
- Any portion of a street or highway between the curbline or the lateral line of a shoulder, or, if none, the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.
- The State of New Jersey.
- Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, foot paths and all other public highways for vehicular or pedestrian travel.
- TENANT OR OCCUPANT APPLIED TO A BUILDING OR LAND
- Includes any person who occupies the whole or part of such building or land, whether alone or with others.
- The Township of Livingston in the County of Essex.
- TOWNSHIP COUNCIL
- The governing body of the Township of Livingston.
- Seven days.
- WRITING; EXCEPT AS TO SIGNATURES, "WRITING" AND "WRITTEN"
- Includes printing and any other mode of representing words, letters, and figures.
- A calendar year.
See Pamoplas v Marinos, 98 N.J.L. 665, 121 A. 727 (Sup. Ct. 1923); State v. Gross, 96 N.J.L. 401, 115 A. 743 (Sup. Ct. 1921).
All references in the Code to chapters, articles or sections are to chapters, articles or sections of the Code of the Township of Livingston. Such references to chapters or articles shall be construed to refer to all the sections within the chapters or articles to which such references are made, unless otherwise expressly provided.
In the construction of the Code or any part thereof, no scheme of any chapter or part thereof, no general reference or editor's note, no indication of a source by parenthetical material after a section, no note, no footnote, and no section heading, shall be deemed to be part of the Code of the Township of Livingston.
Whenever an ordinance that repeals an earlier ordinance or part thereof is itself repealed, such repeal shall not revive the former ordinance or part thereof, unless specific provision is made therefor.
The Seal heretofore provided and used by and for the Township as its official Seal is hereby continued as the official Seal of the Township.
Whenever the penalty provided for in any section of the Code of the Township or in any other ordinance of the Township for the punishment of an act which is prohibited or which is declared to be unlawful or an offense or for the nonperformance of an act which is required to be done is a fine not to exceed $500, that amount shall be amended to $2,000, so that the violation of any such provision shall be punished by a fine not to exceed $2,000, or by imprisonment for a term not exceeding 90 days, or both; or by a period of community service not exceeding 90 days; provided, however, that when the maximum penalty fixed by an applicable state statute is less, by force of said statute or by judicial construction, than any penalty fixed in the Code of the Township of Livingston, then limitations of such state statute shall be applicable.
[Amended 2-27-2006 by Ord. No. 6-2006; 10-1-2007 by Ord. No. 31-2007]
A separate offense shall be deemed committed on each day during or on which a violation of the Code or of any other ordinance of the Township, punishable by fine or imprisonment, or both, occurs or continues.
The imposition of fine or imprisonment as punishment for a violation of the Code of the Township of Livingston or of any other ordinances of the Township shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.
[Adopted 3-7-2005 by Ord. No. 3-2005]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Livingston of a general and permanent nature adopted by the Township Council of the Township of Livingston, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 331, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Livingston," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1979 Revised General Ordinances, adopted November 5, 1979, 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.
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 Township 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 Township of Livingston by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, 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 Township of Livingston" 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 Township of Livingston, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. 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, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Township. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.
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 Township of Livingston 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 $1,250, 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 of a general and permanent nature adopted and in force on the date of the adoption of this ordinance which are inconsistent with any provision of the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-19 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to October 18, 2004.
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 Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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 Township Council that all such changes are adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
The revisions set forth below shall become effective upon the effective date of this ordinance:
Statutory references have been updated and "N.J.S.A." has been used consistently throughout the Code.
In Chapter 1, General Provisions Article I, Provisions Applying to Entire Code, original Sections 1-1, What constitutes "Revised General Ordinance;" designation; 1-4, Revised General Ordinances construed as continuation of theretofore existing ordinances; and 1-10, Severability; effect of partial invalidity, are deleted as being superseded by the provisions of this Adopting Ordinance. Section 1-1 is amended by deleting the definitions of "Revised General Ordinances or R.G.O." and "Revised Ordinances or R.O." as these are not applicable to the Code of the Township of Livingston. "New Jersey Statutes or RS" is changed to "New Jersey Statutes or N.J.S.A." to accurately reflect the citation used in the 2005 Code.