Borough of Collingswood, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 8-15-1994 as Ord. No. 1058. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 8-15-1994 as Ord. No. 1058]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Collingswood of a general and permanent nature adopted by the Mayor and Council of the Borough of Collingswood, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 301, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Collingswood," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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. Specifically superseded by this ordinance is the 1971 Code of the Borough of Collingswood, adopted August 16, 1971 by Ordinance No. 662.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

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 Collingswood 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.

§ 1-5 Amendments to Code.

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 Collingswood" 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.

§ 1-6 Publication; filing.

The Clerk of the Borough of Collingswood, 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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

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 Mayor and Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Collingswood to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one (1) or more of the following: a fine of not more than one thousand dollars ($1,000.), imprisonment for not more than ninety (90) days or a period of community service not exceeding ninety (90) days, in the discretion of the Judge imposing the same.

§ 1-10 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.

§ 1-11 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.

§ 1-12 Repealer.

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.

§ 1-13 Ordinances 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 January 24, 1994.

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, 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. All legislation concerning vehicles and traffic, including but not limited to Chapter 95, Vehicles and Traffic, of the 1971 Code, as amended.

N. Flood damage prevention legislation

[Ordinance No. 747 (July 17, 1978), amended by Ordinance No. 889 (April 6, 1987)].

§ 1-14 Changes in previously adopted ordinances.

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 Mayor and 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, Articles and chapter are amended or added: §§ 23-3, 35-3, 35-4, 45-1, 45-2, 45-13, 45-20, 63-1, 69-1, 69-3A(1), 89-4, 89-6, 93-5, 97-15, 101-1, 101-3, 101-4, 105-1, 105-4, 105-9D, 105-10, 105-15, 105-16, 105-18, 105-20, 105-25, 105-26, 105-27, 105-28, 105-29, 113-2, 113-4, 113-7, 117-2, 117-4, 117-5, 117-11, 123-10, 141-7C(1), 141-12, 141-27A, 141-64B(14)(a), 141-64F(1), 141-64H, 141-70B, 149-4, 155-3, 155-5, 173-12B, 173-13, 173-14, 189-4, 197-14, 201-7, 207-6, 207-9A, B and C, 207-13, 211-4, 217-10, 217-11, 217-17, 223-7, 223-18, 233-5, 237-3, 241-2, 247-12, 255-6, 261-5, 261-7, 261-10, 261-12, 261-16, 265-15, 265-18, 265-19, 265-20, 265-22, 265-24, 265-25, 265-27, 265-28, 265-29, 265-41, 269-2B(4), 269-5, 269-8, 269-9, 269-10, 273-4, 277-16, 285-9, 289-17, 301-3, 301-6B and 301-15, Chs. 29, 51, Art. I of Ch. 57, Art. I of Ch. 197, and Arts. I and III of Ch. 265. The following former sections were deleted: §§ 52-19, 72-10 and 75-1 through 75-29 of the 1971 Code; § 51-53P of Ord. No. 961; and Sec. VII of Ord. No. 922. Furthermore, all references to the "Building Inspector" are amended to read "Code Enforcement Officer"; all references to the "Superintendent of Highways" are amended to read "Superintendent of Public Words"; all references to the "Department of Streets" are amended to read "Department of Public Works"; all references to the "Commissioner of Streets" are amended to read "Commissioner of Public Works"; and all references to the "Historic District" are amended to read "Historic Preservation Commission." A complete description of all the changes is on file in the Borough Clerk's office.

Article II Ordinances Adopted During Codification

[During the process of codification, certain complete new ordinances were approved by the Board of Commissioners for inclusion in the Code of the Borough of Collingswood. Such new ordinances are noted in the histories of individual chapters as "Adopted ... during codification; see Ch. 1, General Provisions, Art. II." In accordance with recognized codification procedures, these new ordinances will be adopted separately and are presently proposed before the Board of Commissioners of the Borough of Collingswood for that purpose. Upon final adoption of such ordinances, a complete enumeration of all chapters and Articles in the Code included in such ordinances will be printed in this Article along with specific dates of adoption.]