[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by City Council
Article II General Penalty
[Adopted 2-23-2015 by Ord. No. 7-2015]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of East Orange of a general and permanent nature adopted by the City Council of the City of East Orange, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 264, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of East Orange." 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 East Orange 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 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 City of East Orange" 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 City of East Orange, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, 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 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 City. 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 City of East Orange 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 $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.
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.
Except as provided in § 1-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of East Orange which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific ordinances. The City Council of the City of East Orange has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
Ordinance No. 22-2003, pertaining to peace and good order, adopted November 24, 2003.
Former Chapter 5, Article XI, Local Assistance Board, of the 1980 Code.
Former Chapter 5, Article XXVII, Community Development Advisory Council, of the 1980 Code.
Former Chapter 5, Article XXXI, Mayor's Division of Neighborhood Facilities, of the 1980 Code.
Former Chapter 5, Article XXXVIII, Mayor's Division of Recreation, of the 1980 Code.
Former Chapter 42, Human Rights and Intergroup Relations Commission, of the 1980 Code.
Former Chapter 53, Mental Health Advisory Board, of the 1980 Code.
Former Chapter 80, Telegraph Bureau, Fire and Police, of the 1980 Code.
Former Chapter 110, Building Contractors, of the 1980 Code.
Former Chapter 121, Checks, Fraudulent, of the 1980 Code.
Former Chapter 176, Moving Permits, of the 1980 Code.
Former Chapter 243, Sunday Activities, of the 1980 Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to September 8, 2014.
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 City'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 City 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.
Nomenclature. The following outdated terms have been changed where they appeared in the prior Code:
"City Counsel" to "Corporation Counsel."
"City Comptroller" to "Director of Finance."
"Collector of Taxes and Revenue" to "Tax Collector."
"Water Department" to "Board of Water Commissioners."
"Department of Property Maintenance and Property Revitalization" to "Department of Property Maintenance."
"City Engineer" to "Director of Public Works."
In addition, the changes, amendments or revisions as set forth in Schedule A 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.)
Editor's Note: In accordance with § 1-14C, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 2-23-2015 by Ord. No. 7-2015." Schedule A, which contains a complete description of all changes, is on file in the City offices.
[Adopted 10-11-1983 by Ord. No. 43-1983]
[Amended 4-9-1984 by Ord. No. 12-1984]
Except as hereinafter provided, whenever in this Code or in any other ordinance of the City, or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the City, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or in such other City ordinance, rule, regulation or order the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or of any other ordinance of the City or of any rule, regulation or order promulgated pursuant to such Code or other City ordinance shall be punished by a fine not less than $100 and not exceeding $2,000 or by imprisonment for a period not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof.
[Amended 5-12-2003 by Ord. No. 9-2003; 9-18-2006 by Ord. No. 24-2006; 2-23-2015 by Ord. No. 7-2015]
Whenever the provisions of the New Jersey statutes, including Title 2C, the Code of Criminal Justice, provide a penalty of a lesser maximum fine or term of imprisonment than set forth in this section for the violation of a state statute proscribing the same offense as is set out in this Code or any other City ordinance or any rule, regulation or order promulgated pursuant thereto, then the maximum penalty for the violation of such provision of this Code or other ordinance, rule, regulation or order shall not exceed that prescribed by such state statute.
Each day any violation of this Code or any other ordinance or rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense unless otherwise provided.
Whenever any such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.
In the construction and interpretation of this section, the revocation of a license or permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced, nor shall the imposition of any penalty under this section be deemed to bar the revocation of a license or permit.