[HISTORY: Adopted by the Township Committee of the township of Hamilton
as indicated in article histories]
[Adopted 12-12-1998 by Ord.
No. 1326-98]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Hamilton of a general and permanent nature adopted by the Township Committee of the Township of Hamilton, as revised, codifieded and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 308, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Hamilton," 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 looseleaf form has been filed in the office of
the Township Clerk and shall remain there for use and examintion 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 Township of
Hamilton by impressing thereon the Seal of the township, as provided by law,
and such certified copy shall remain on file in the office of the Clerk of
the township, 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 Township of Hamilton" shall be understood
and intended to include such additions and amendments. Whenever such additions,
amenendments or supplements to the Code shall be adopted, they shall be printed
and, as provided hereunder, inserted in the loose-leaf book containing said
as amendments and supplements thereto.
The Clerk of the Township of Hamilton, 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 township. 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 book containing the Code may be purchased from the
Clerk upon the payment of a fee to be set by resolution of the Township Committee,
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 Township of
Hamilton 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 $1,000, 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.
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 § 1-12 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 9-21-1998.
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 township'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.
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 Township Committee 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.
