[HISTORY: Adopted by the Borough Council
of the Borough of Carteret: Art. I, 4-19-1990 as Ord. No. 90-16. Amendments
noted where applicable.]
[Adopted 4-19-1990 as Ord. No. 90-16]
Pursuant to N.J.S.A. 40:49-4, the various chapters and Articles of the Revised Ordinances of 1970 of the Borough of Carteret, and the other ordinances of the Borough of Carteret of a general and permanent nature adopted by the Borough Council of the Borough of Carteret, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 276, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Carteret," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1970 Revised Ordinances of the Borough of Carteret, and 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 Borough 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 Borough of Carteret 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,
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 Borough of Carteret" 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 Borough of Carteret, 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 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 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 Borough Council, which 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 Carteret to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than one thousand
dollars ($1,000.) or to imprisonment for not more than ninety (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 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.
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
saved from repeal.
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:
A.
Any ordinance adopted subsequent to December 3, 1987.
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 borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
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.
Chapter IV, Police Department, of the 1970 Revised
Ordinances and any amendments thereto.
A.
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 (1) or
more of said ordinances. It is the intention of the Borough 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.
B.
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.)[1]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections were added or amended: §§ 4-2A and B, 4-3A, 4-4A(1)(g) and (i), 4-4A(2)(d), (g), (j) and (k), 4-17A, 4-19C, D(1), G and I(2) and (3)(c) and (d), 4-20C(1), 4-21, 4-22A, 4-25B(3) and (8) and C(3), 4-26, 4-27D(4), 4-28, 4-29, 4-32, 4-35A, 4-36, 4-37E, 38-3B, 38-7, 38-12B(1) and D(2)(c), 38-14B(1)(b), 45-4D, 60-3, 64-11A, 68-6, 71-1, 71-2, 71-3A, 71-8B(1), 71-9, 71-15A, 71-18, 71-21, 71-22A, 71-26, 71-34, 75-12, 80-3, 85-3, 89-4, 95-3, 99-10, 101-2, 105-1, 105-7, 109-2, 114-14, 118-2H, 118-4C, 118-7A(5) and (6), 118-13, 124-9, 128-8, 128-9, 128-10, 128-11, 128-13B, 132-8A, 137-7, 137-18, 137-25, 142-2, 146-10A, 149-9, 149-10A, 149-13, 154-5A, 154-9A, 154-11, 160-3A, 160-5B and D, 160-7, 160-24A, 160-27B(3), 160-35, 160-43D, 160-44D, 160-47H, 160-52G, 160-88D(2), 160-128D, 160-129A(1) and B(1), 160-140B, 164-12, 168-4, 176-3, 179-5, 182-6A, 182-9, 182-11B, 186-5, 191-5, 195-5, 195-9, 195-10, 198-1, 198-20, 202-7A, 207-14B, 210-6B, 210-8, 215-8, 218-4, 222-2C, 222-7A, 222-13, 222-19A, 222-20, 222-24, 222-37, 229-6, 235-5F, 235-11, 235-13, 240-2, 243-12, 246-6, 249-2, 254-43B, 254-50B, 266-3, 270-5A and 270-20A. The following sections were deleted: Secs. 2-8.1H, 2-8.1b6, 2-20, 2-22 and 2-26 of Ch. II of 1970 Revised Ordinances, Secs. 19-2, 19-6 and 19-7 of Ch. XIX of 1970 Revised Ordinances, Sec. 7(a) of Ord. No. 83-39 and Sec. 17-1.7 of 1970 Revised Ordinances. A complete description of the changes is on file in the office of the Borough Clerk.
For the purpose of this Code and in the interpretation
and application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following terms shall
have the meanings indicated:
The Borough of Carteret in the County of Middlesex and State
of New Jersey.
The Mayor and Councilmen of the borough.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the borough government established
or designated by ordinance or this Code as a "department," together
with any agency or instrumentality of the borough government assigned
to such organizational unit by the Borough Council.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month, unless otherwise specifically provided.
Any act of local legislation heretofore or hereafter adopted,
including this Code, so long as it has been adopted by the procedure
required for the adoption of an ordinance and so long as it remains
in force and effect pursuant to law.
Any individual, natural persons, 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.
Includes 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.
A calendar year, unless otherwise specifically provided.
For the purpose of this Code and any other ordinances
heretofore or hereafter adopted, except as the context may otherwise
require:
A.
The present tense includes the past and future tenses
and the future, the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural
the singular.
D.
"Shall" is mandatory, and "may" is permissive.
E.
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, a legal holiday, or a day on which the offices
of the borough are closed, that day shall be excluded.
F.
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.
G.
"Writing" and "written" shall include printing, typewriting
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
H.
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.
A.
For violation of any provision of any chapter of Part
II of this Code, or any other ordinance of the borough where no specific
penalty is provided regarding the section violated, the maximum penalty
shall, upon conviction, be a fine not exceeding $2,000 or imprisonment
for a period not exceeding 90 days, or both.
[Amended 9-4-2003 by Ord. No. 03-32; 5-4-2006 by Ord. No.
06-32]
B.
Except as otherwise provided, each and every day in
which a violation of any provision of any chapter of Part II of this
Code or of any other ordinance of the borough exists shall constitute
a separate violation.
C.
The maximum penalty stated in this section is not
intended to state an appropriate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all,
may be appropriate for a particular case or violation.
D.
In addition to any other monetary fine that may be assessed for maintaining
an unsafe housing condition and/or other illegal housing occupancy
violation, the court may order restitution to the Borough for any
and all costs incurred by the Borough to temporarily shelter any tenants
that may need to be removed from said premises on an emergency basis.
[Added 12-19-2011 by Ord. No. 11-25]
