[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-28-2022 by Ord. No. 2022-004]
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 of the City of Ventnor City, as revised and codified and consisting of Chapters 1 through 225, together with Appendixes, are hereby approved, adopted, ordained and enacted as the Code of the City of Ventnor City, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments.
A.
A copy of
the Code 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. Following adoption of this ordinance,
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
City Clerk, to be made available to persons desiring to examine the
same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when 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.
The Clerk of the City of Ventnor City shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the City Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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 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 ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 January 27, 2022.
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 City's
indebtedness.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
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 ordinance
adopting or amending the Zoning Map.
M.
Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
A.
In preparing
the revision and codification of the City's ordinances pursuant to
N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive changes
were made in one or more of said ordinances. It is the intention of
the Board of Commissioners that all such changes be adopted as part
of the Code as if the ordinances so changed had been formally amended
to read as such.
B.
In addition,
the changes, amendments or revisions as set forth in Schedule A[1] attached hereto and made a part hereof 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]
Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-28-2022 by Ord. No. 2022-004." Schedule A, which contains a complete description of
all changes, is on file in the City offices.
C.
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)
Throughout Ch. 102:
(a)
References
to "the appropriate Board" are revised to read "the Planning Board."
(b)
References
to "the reviewing Board" are revised to read "the Planning Board."
(c)
References
to "the Planning Board or Zoning Board of Adjustment" are revised
to read "the Planning Board."
(d)
References
to "the Planning Board or Zoning Board of Adjustment, as the case
may be" are revised to read "the Planning Board."
(e)
References
to "Zoning Board" are revised to read "Planning Board" as appropriate.
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the City of Ventnor
City to be misrepresented thereby. Anyone violating this section shall
be subject, upon conviction, to one or more of the following penalties:
a fine of not more than $2,000, 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.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
[Adopted 4-28-2022 by Ord. No. 2022-004]
[Added 2-2-1989 by Ord. No. 8903]
A.
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.
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B.
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]
C.
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.
D.
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]
E.
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]
F.
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]
