[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Board of Commissioners
[Adopted 6-4-1979 by Ord. No. 7904]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Ventnor City of a general and permanent nature adopted by the Board of Commissioners as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 225, are hereby approved, adopted, ordained and enacted as the Code of the City of Ventnor City, hereinafter known and referred to as the "Code."
This ordinance 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.
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 Ventnor City 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 the said Code is in effect.
The Clerk of the City of Ventnor City, 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 the 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.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Board of Commissioners 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 Ventnor City 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.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-14A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the 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 Clerk upon the payment of a fee to be set by resolution of the Board of Commissioners, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
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 Ventnor City to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same. In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
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.
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.
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 provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to Ord. No. 7828, adopted October 2, 1978.
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 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 City's 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 plats.
Any ordinance or resolution regulating traffic and parking, including:
Any ordinance pertaining to the salaries or compensation of City officers and employees.
Ordinance No. 9-1943, adopted 4-23-1943, pertaining to use of vehicles on City recreation pier.
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 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.
Throughout the Code, certain nomenclature changes have been made to bring the City's ordinances into compliance with changes in statute and the change in the City's form of government. Specifically, the following nomenclature changes have been made throughout the Code:
"Building Inspector" has been changed to "Building Subcode Official."
"Plumbing Inspector" has been changed to "Plumbing Subcode Official."
"Electrical Inspector" has been changed to "Electrical Subcode Official."
"Common Council" has been changed to "Board of Commissioners."
"Councilman" has been changed to "Commissioner."
"Magistrate" or "Police Justice" has been changed to "Judge."
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.
Editor's Note: Pursuant to § 1-15C, the following revisions, additions and deletions have been made to the Code of the City of Ventnor City. A complete description of the changes made is on file in the office of the City Clerk.
A. The following sections have been added or amended: §§ 4-4, 4-5, 10-3, 10-6, 10-7, 10-8, 18-1, 18-2, 18-5, 18-6, 18-7, 18-10, 18-11, 18-12, 18-13, 18-15, 21-2, 35-3, 35-4, 35-5, 35-6, 35-7, 35-8, 36-6C(1), 38-1, 38-2, 38-3, 41-1, 50-2, 56-2, 56-4, 56-5, 58-2, 58-5, 61-3A, 61-6, 61-7, 61-8, 63-3, 63-9, 72-2E, 72-6L, 75-2, 75-9A, 75-13, 79-2, 79-4C, 79-6, 81-7B, 81-8, 89-2, 89-9, 89-11, 98-1, 98-2, 98-3, 101-2, 101-7, 105-4, 105-9, 105-10, 105-11, 105-12A, 105-12D, 105-13, 105-14D, 105-15, 110-1, 110-4, 110-5, 110-8, 110-12, 119-1, 119-2, 122-1, 126-13, 126-15A(5), 132-4, 132-7, 138-1, 138-3, 138-4, 138-5, 138-6, 143.31, 149-5, 149-7, 149-12, 149-14, 149-15, 153-4, 156-2A(1), (2) and (6) and B, 158-1B, 158-2, 158-3, 158-5C, 161-4, 161-5, 163-1, 163-2, 163-3, 163-5, 166-4, 171-1B, 171-3, 171-4, 171-5, 171-8, 173-1, 173-18, 173-24A, 180-2, 197-4, 197-7, 197-14, 197-15, 197-16, 197-18B, 197-22B, 220-1A(1), (2) and (4) and 220-10.
C. In Ch. 214, the following sections or articles were added or amended: §§ 214-8, 214-16, 214-21, 214-22, 214-23, 214-26, 214-29, 214-30, 214-31, 214-32, 214-33, 214-36, 214-37, 214-38, 214-39, 214-40, 214-44, 214-45, 214-46, 214-47, 214-48, 214-49, 214-60 and 214-61 and Arts. VIII, IX and X.
D. The following sections were deleted: Section 5 of Ord. No. 9-1948, adopted 12-3-1948; Section 8 of Ord. No. 1-1934, adopted 2-26-1934; Section 2 of Ord. No. 1918, adopted 2-14-1918; Section 2 of Ord. No. 4-1913; Section 7 of Ord. No. 4-1940, adopted 6-10-1940; Section 12 of Ord. No. 17-1971, adopted 6-21-1971; Section 2 of Ord. No. 4-1910, adopted 3-2-1910; Section 8 of Ord. No. 7621, adopted 1-10-1977, as amended 7-17-1978 by Ord. No. 7824; Section 3 of Ord. No. 17-1968, adopted 10-28-1968; Sections 2, 3, 10, 11 and 13 through 17 of Ord. No. 1-1942, adopted 1-20-1942; Sections 5, 6 and 7, as amended, of Ord. No. 4-1968, adopted 4-8-1968; Sections 3, 5, 7 and 8 of Ord. No. 5-1951, adopted 5-14-1951; Section 5(c) of Ord. No. 9-1961, adopted 6-26-1961.
[Added 2-2-1989 by Ord. No. 8903]
In any and all instances where the Municipal Court and any other agency within the City has the right to impose penalties and/or fines, the following language shall be added:
In addition to or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
In any and all instances within the Code and ordinances of the City of Ventnor City where there appears the provision for the imposition of a fine, the maximum fine shall now be $2,000.
[Amended 1-9-1997 by Ord. No. 9616; 11-2-2006 by Ord. No. 2006-12]
In any and all instances where agencies of the City of Ventnor City provide subsidies and/or assistance to the residents of the City of Ventnor City, they shall have the right to request the individual or individuals who receive such said subsidy or assistance to perform certain services for the City, subject to the capabilities of the individuals who perform said services. Said community service shall not exceed 90 days. When the individual or individuals perform said services, it should be confirmed that the City's insurance carrier covers the work performed as it relates to liability and any other necessary insurance.
Any person (or entity) who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who 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 (or entity) 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.
[Added 11-2-2006 by Ord. No. 2006-12]
Any person (or entity) convicted of a violation of any ordinance may, in the discretion of the court by which he (or it) was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or placed for detention provided by the municipality for any term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.
[Added 11-2-2006 by Ord. No. 2006-12]
In any instance where a fine to be imposed is in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, said owner shall be provided a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of a thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 11-2-2006 by Ord. No. 2006-12]