[1979 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General
Ordinances of the City of Linden (1999)" and is herein referred to
as the "Revision" or "Code."
[1979 Code § 1-2; New]
For the purpose of this Revision and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
Shall mean the City of Linden in the County of Union and
State of New Jersey.
Shall mean the Governing Body of the City and elected pursuant
to law.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean calendar days.
Shall mean an organizational unit of the City government
established or designated by ordinance or this Revision as a department,
together with any agency or instrumentality of the City government
assigned to such organizational unit by the City Council.
Shall mean the Mayor and Council of the City of Linden.
Shall mean licensed in accordance with the appropriate section
or chapter of this Revision.
Shall mean the person elected to that office at large by
the voters of the municipality.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the City of Linden in the County of Union, State
of New Jersey, and any corporate successor thereof.
Shall be construed to include an affirmation where an affirmation
may be substituted for an oath. In such cases the words "swear" and
"sworn" shall be construed to be equivalent to the words "affirm"
and "affirmed."
Shall be construed as if the words of the City of Linden
followed it and shall include the definitions set forth in N.J.S.A.
40A:9-22.3 et seq.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Revision, so long as it shall have been
adopted by the procedure required for the adoption of an ordinance
and so long as it shall remain in force and effect pursuant to law.
Shall mean 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.
Shall mean any individual, natural person, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
corporations or unincorporated groups; or any officers, agents, employees,
servants, factors or any kind of personal representatives of any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
Shall mean next before and next after respectively.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
City, as well as any quasi-public areas as defined and/or interpreted
by N.J.S.A. 39:1 et seq.
Shall mean an action expressing the sense or will of City
Council on a matter of special or temporary interest. It shall be
written and may be adopted at the meeting at which it is introduced,
without publication or public hearing, unless otherwise required by
law.
Shall include a street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and
every class of road, square, place or municipal parking field used
by the general public.
Applied to a building or land, shall include any person who
occupies the whole or part of such building or land, whether alone
or with others.
Shall mean seven (7) days.
Shall mean a calendar year unless otherwise specifically
provided.
[1979 Code § 1-3; New]
For the purpose of this Revision and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the
singular.
Shall is mandatory and may is permissive.
The time within which an act is to be done shall be computed
by excluding the first and including the last day, and if the last
day be a Sunday or a legal holiday, that day shall be excluded.
Writing and written includes printing, typewriting and any other
mode of communication using paper or similar material which is in
general use, as well as legible handwriting.
Whenever a specific time is used in this Code, it shall mean
the prevailing and established time in effect in the State of New
Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this
Code shall be deemed to refer to such statute, law or ordinance as
amended, whether or not such designation is included in the citation.
Chapter shall mean one of the major divisions of this Revision,
identified by an Arabic number, and divided by subject matter.
Section shall mean a major subdivision of a chapter.
Subsection shall mean a subdivision of a section, identified
by a decimal number following a section number.
Paragraph shall mean a subdivision under a subsection, identified
by an alphabetical letter and/or Arabic number.
[1979 Code § 1-4]
If any chapter, section, subsection or paragraph of this Revision
shall be declared to be unconstitutional, invalid or inoperative,
in whole or in part, by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this Revision.
[1]
Editor's Note: Penalty provision in accordance with N.J.S.A.
40:49-5.
[1979 Code § 1-5.1; New; Ord. No. 50-6 § 1]
Pursuant to N.J.S.A. 40:49-5, as revised by P.L. 2006 c 269,
the Governing Body of the City of Linden hereby provides the following
penalties for violation of its municipal ordinances; imprisonment
in the County jail or any place provided by the municipality for the
detention of prisoners for any term not exceeding ninety (90) days;
or by a minimum fine of one hundred ($100.00) dollars not to exceed
a maximum fine of two thousand ($2,000.00) dollars; or by a period
of community service not exceeding ninety (90) days.
Violations of any ordinances pertaining to unlawful solid waste
disposal shall, in addition to the other penalties imposed above,
be subject to a fine which may be fixed at an amount not exceeding
two thousand five hundred ($2,500.00) dollars or a maximum penalty
by a fine not exceeding ten thousand ($10,000.00) dollars.
In any case involving a violation of a housing or zoning code,
a fine in excess of one thousand two hundred fifty ($1,250.00) dollars
may only be imposed if the court provides a thirty (30) day period
in which the owner shall be afforded the opportunity to cure or abate
the condition and also afford the owner an opportunity for a hearing
before the court for an independent determination concerning the violation.
Subsequent to the expiration of the thirty (30) day period, a fine
greater than one thousand two hundred fifty ($1,250.00) dollars may
be imposed if the court has not determined otherwise, or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
[Ord. No. 62-6]
a.
Permitted Use. The residential occupancy of an otherwise lawful and
lawfully occupied dwelling for a period of thirty (30) days or less
be a person who is a member of the housekeeping unit of the owner,
without consideration, such as house guests, is permitted.
b.
Prohibitions. No person shall undertake, maintain, authorize, aid,
facilitate, solicit and advertise any rental activity that violates
any part or provisions of this subsection.
c.
Short-Term Rental Property. Notwithstanding anything to the contrary
in the City Code, it shall be unlawful for any person, including,
but not limited to, an owner, lessor, and sublessor with any possessory
interest in any dwelling, to received compensation of any kinds for
the use, occupancy, or rental of any dwelling for a period of thirty
(30) days or less.
d.
Enforcement. The provisions of this subsection shall be enforced
by the City Zoning Officer, Fire Department, Police Department, and
any other City official or employee so designated by the City, who
shall be authorized to issue summons or other appropriate civil violations
or complaints for any violations of the terms and provisions of this
subsection.
e.
Fines; Violation and Penalties. Any person who is found or adjudicated
to have violated any provisions of this subsection shall be liable
for a fine not to exceed one thousand ($1,000.00) dollars each day
of any such violation after received written notice of same shall
be a new and separate violation.
[New; Ord. No. 50-6 § 1]
Any person who is convicted of violating an ordinance within
one (1) year of the date of a previous violation of the same ordinance
and 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 fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
[New; Ord. No. 50-6 § 1]
Any person convicted of the violation of any ordinance may,
in the discretion of the court by which he was convicted, 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 ninety (90) days, or be required to perform
community service for a period not exceeding ninety (90) days.
[1979 Code § 1-5.2; New]
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the City exists shall constitute a separate violation.
[1979 Code § 1-5.3; New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
It shall be the duty of the City Clerk or his designee to keep
up-to-date the certified copy of the book containing "The Revised
General Ordinances of the City of Linden, 1999" required to be filed
in the office of the Clerk for the use of the public. All changes
in the Revision and all ordinances adopted by the City Council subsequent
to the adoption of the Revision, which the City Council shall adopt
specifically as a part of this Revision, shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are printed as supplements to the Revised General Ordinances, at which
time such supplements shall be inserted therein. Any ordinance of
a permanent character shall be included in every such supplement.
