[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong as indicated in article histories. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Netcong, of a general and permanent nature, adopted by the Borough Council of the Borough of Netcong, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 90 are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Netcong" hereinafter known and referred to as the "Code."
This article and the Code shall supersede 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.
All provisions of this article and the Code shall be in full force and effect on and after August 1, 1972.
A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there for the use and examination by the public until final action is taken on this article; and, if this article shall be adopted, such copy shall be certified to by the Clerk of the Borough of Netcong 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 of Netcong to be made available to persons desiring to examine the same during all times while the 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 Borough of Netcong 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 the said Code, as amendments and supplements thereto.
The Clerk of the Borough of Netcong, 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 Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application 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 Borough Clerk, or someone authorized and directed by him, 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.
Copies of the Code book containing the Code may be purchased from the Borough Clerk upon the payment of a fee to be set by resolution of the Borough Council, who 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 Borough of Netcong to be misrepresented thereby. Anyone violating this section of this article shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, 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 section or parts thereof.
Each section of this article is any independent section and the holding of any section, or part thereof, to be unconstitutional, void or ineffective for an 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 article, and not contained in the Code, are hereby repealed as of the effective date of this adopting ordinance, except as hereinafter provided.
The following ordinances or parts of ordinances are specifically repealed:
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.
Any ordinance adopted subsequent to February 8, 1972.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this article, 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 article 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 article 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 grade, changing 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 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 plots.
Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees; establishing workdays and working hours of certain employees; and providing for holidays and vacations for employees and keeping employment records.
Any ordinance making any change or revision in the Zoning Map.
An ordinance of 5-26-1970 relating to sewer rates.
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 ordinances so changed had been previously formally amended to read as such.
The following changes, in form of deletions, revisions, or additions to the original ordinances, have been made in the preparation of this revision and codification. (Section number references are to the ordinances as they have been renumbered and appear in the Code.)
In accordance with the revision of the statutory provisions concerning local municipal courts, the term "Magistrate" or "Municipal Magistrate" or other similar title is changed to "Judge" or "Judge of the Municipal Court" wherever they may appear in the Code of the Borough of Netcong, County of Morris, New Jersey.
Penalties are revised to provide for a maximum fine of $500 or maximum imprisonment of 90 days, or both, in the following sections: Chapter 30, Amusement Devices, § 30-9; Chapter 32, Brush and Hedges, § 32-6A; Chapter 34, Buildings or Structures, Unsafe, § 34-7; Chapter 39, Checks, Fraudulent, § 39-3; Chapter 41, Circuses and Carnivals, § 41-8; Chapter 43, Curfew, § 43-3; Chapter 47, Dogs, § 47-25; Chapter 50, Excavations in Streets, § 50-27; Chapter 52, Fire Prevention, § 52-10A; Chapter 55, Garbage, Rubbish and Refuse, § 55-5; Chapter 57, Hawking, Peddling, Soliciting and Canvassing, § 57-16; Chapter 59, Housing Standards, § 59-7; Chapter 62, Junk and Debris, § 62-7; Chapter 65, Loitering, § 65-7; Chapter 67, Milk Vendors, § 67-6; Chapter 70, Peace and Good Order, § 70-38; Chapter 74, Sewers, § 74-7; Chapter 76, Streets and Sidewalks, § 76-5; Chapter 80, Subdivision of Land, § 80-29A; Chapter 84, Theaters and Opera Houses, § 84-5; Chapter 88, Water, § 88-7; Chapter 90, Zoning, § 90-68.
In Chapter 5, Fire Department § 5-10 is amended to provide for control of the Fire Department by the Mayor and Council through the Fire Committee.
In Chapter 13, Planning Board:
Section 13-2 is amended to provide for the appointment of one alternate member in Class II, one in Class III and two in Class IV.
Section 13-3A is amended to provide a term of four years for one of the members of Class IV when first appointed.
In Chapter 15, Police Department:
In Chapter 24, Water Commissioners, Board of:
Section 24-1 is amended to increase membership of Board from three to five and to delete reference to freeholders.
Section 24-2 is amended to provide for terms of five years after initial appointment of Board.
Section 24-6 is amended to provide for compensation of "other necessary employees" of the Board.
In Chapter 41, Circuses and Carnivals:
Section 41-4 is amended to add provision for the report of investigation by the Chief of Police to the Mayor and Council, who shall act as to approval of application.
Section 41-5 is amended to add provision for the revocation of the license by the Chief of Police for certain violations or ill conduct.
In Chapter 50, Excavations in Streets, § 50-20 is amended, in order to clarify the meaning only, to read as follows: "It shall be the responsibility of the applicant opening any thoroughfare or otherwise endangering or obstructing the normal flow of traffic, to fully protect both vehicular and pedestrian traffic from possible accidents on streets or crosswalks by maintaining on streets and sidewalks notices, warnings, and/or caution signs by day, and flares or flashing lights at night in accordance with Title 39 R.S. and amendments thereof and supplements thereto."
In Chapter 52, Fire Prevention:
Section 52-4 is amended to designate the limits referred to as follows: "Entire Borough."
Section 52-5A is amended to designate the limits referred to as follows: "Entire Borough, except that installations in existence at the date of the adoption of this amendment may be maintained."
Section 52-5B is amended to designate the limits referred to as follows: "Entire Borough."
Section 52-6 is amended to designate the limits referred to as follows: "Entire Borough."
Section 52-10A is amended to delete the words "guilty of a misdemeanor."
In Chapter 55, Garbage, Rubbish and Refuse, § 55-1 is amended as follows:
In Chapter 62, Junk and Debris, § 62-7 is amended to add provision for punishing continuing violation.
In Chapter 67, Milk Vendors, § 67-5 is amended to delete "revenue" as a purpose for licensing.
In Chapter 74, Sewers, Article I, Sewer Use, § 74-3 is amended to increase the permit and inspection fees in Subsections A(2) and B(2) from $20 to $200 for residential or commercial public sewer connections and from $30 to $300 for industrial public sewer connections.
In Chapter 80, Subdivision of Land:
In Article III, Procedure, § 80-4D is amended to change the reference to the statutory provision from R.S. 40:27-1 to R.S. 40:27-12.
In Article V, Improvements,
Section 80-21A is amended to delete the words "and in the manner performed" between the words "workmanship" and "in the above."
Section 80-21B is amended to insert the words "where such maintenance and repair" between the words "being constructed" and "is pertinent to safety" and to clarify the provision that maintenance and repair are to be done by the subdivider.
In Chapter 84, Theaters and Opera Houses, § 84-5 is amended to replace the words "forfeit and pay" by the words "be punishable by."
In Chapter 90, Zoning, Article VII, C Commercial Zone Uses, § 90-27 is amended to insert the words "or without" in the phrase "eating and drinking places with or without entertainment."
In Chapter 13, Planning Board, a new § 13-33 is added as follows:
Alternate members of each class shall be appointed for terms to expire at the same time as the terms of the regular members of that class, except that the terms of the alternate members of Class IV shall expire at the end of each year. An alternate member of any class shall be entitled to sit with and participate as a member in any hearing before the Board. An alternate member of any class who has attended the full hearing or hearings may participate in the Board's decision during the absence or disqualification of any regular member of the same class. The two alternate members of Class IV shall be designated by the Chairman as Alternate No. 1 and Alternate No. 2 and shall participate in the Board's decision in rotation during the absence or disqualification of any regular member or members of Class IV."
In Chapter 28, Alcoholic Beverages, a new § 28-8, Violations and penalties, is added as follows:
In Chapter 41, Circuses and Carnivals:
A new § 41-2, Contents of application, is added as follows:
The date or dates and the hours during which the licensed activity will be conducted.
A list of all the games, attractions, contests or performances that will be included, in the activity to be conducted, a general description of each, and, if not operated by the applicant or his employees, the name and address of the concessionaire or other person operating them.
A description of the off-street parking and sanitary facilities available at the location at which the activity is to be conducted.
Appropriate evidence that the applicant has made adequate provision for the payment of workmen's compensation to any of his employees who shall be injured, as required by N.J.R.S. 34:15-71."
A new § 41-3, Investigation by Chief of Police, is added as follows:
In Chapter 70, Peace and Good Order, a new § 70-3, Drinking in public prohibited, is added as follows:
[Added 6-11-1985; amended 8-10-2006 by Ord. No. 2006-20]
Whenever no specific penalty is provided in this Code or in any other ordinance of the Borough 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, the violation of any such provision shall be punished by a fine not exceeding $2,000, or by imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or by any combination thereof; provided, however, that when the maximum penalty fixed by an applicable state statute is less than the penalty in this Code, then the limitations of such state statute shall be applicable. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The imposition of a fine or imprisonment as punishment for a violation of this Code or of any other ordinance of the Borough 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.
There shall be a minimum penalty for the violation of any provision of this Code or any other ordinance of the Borough for which no other penalty is provided of a fine of $100.
The court before which any person is convicted of violating any ordinance covered by this section 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.
Any person who is convicted of violating any ordinance, within one year of the date of a previous violation of the same ordinance, and who is 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 repeat offense shall be not less than $200 nor more than $2,000, but shall be calculated separately from the fine imposed for the violation of the ordinance.
The maximum fine for the violation of any housing or zoning code provision shall be $1,250 unless the owner is provided with a thirty-day period in which he or she is given an opportunity to cure or abate the condition after being afforded an opportunity for a hearing before the court and an independent determination concerning the violation. In the event the court determines that the abatement has not been substantially completed within the thirty-day period, a fine not to exceed $2,000 may be imposed.
[Adopted 8-10-2000 by Ord. No. 2000-15]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Netcong of a general and permanent nature adopted by the Mayor and Council of the Borough of Netcong on July 11, 1972, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and as renumbered to consist of Chapters 1 through 276, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Netcong," hereinafter known and referred to as the "Code."
The following changes are hereby adopted as part of the process of republication:
References to New Jersey State statutes are hereby revised to cite the current provisions.