Borough of Washington, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Washington as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Adoption of Code (§ 1-1 — § 1-14) 

ARTICLE II
Fees (§ 1-15 — § 1-17) 

[Adopted 1-8-1974 by Ord. No. 34-73]

§ 1-1
Adoption of Code. 

§ 1-2
Code supersedes prior ordinances. 

§ 1-3
When effective. 

§ 1-4
Copy of Code on file. 

§ 1-5
Amendments to Code. 

§ 1-6
Publication; filing. 

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

§ 1-8
Sale of Code book. 

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

§ 1-10
Severability of Code provisions. 

§ 1-11
Severability of ordinance provisions. 

§ 1-12
Repeal of ordinances. 

§ 1-13
Ordinances saved from repeal. 

§ 1-14
Changes in previously adopted ordinances. 

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Washington of a general and permanent nature, adopted by the Borough Council of the Borough of Washington, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 94, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Washington," 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.

§ 1-3 When effective.

All provisions of this ordinance and the Code shall be in full force and effect on and after January 8, 1974.

§ 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 Washington 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 the 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 Washington" 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 the said Code, as amendments and supplements thereto.

§ 1-6 Publication; filing.

The Clerk of the Borough of Washington, 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 him, 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.

§ 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 Borough Council, who 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 Washington to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, 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 Repeal of ordinances.

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 July 24, 1973.

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 grade, changing 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. 

Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees; establishing workdays and working hours of certain employees, and providing for holidays and vacations for employees and keeping of employment records.

L. 

Any ordinance making any change or revision in the Zoning Map.

M. 

Any ordinance regulating traffic or parking.

N. 

An ordinance adopted 4-20-1965 excluding tangible household property from taxation.

O. 

An ordinance adopted 7-24-1973 (Ord. No. 20-73) authorizing the Borough to enter into a sewerage agreement with the Township of Washington.

§ 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 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) 

In Chapter 3, Administration of Government:

(a) 

Section 3-6 is amended to change the words "no compensation or salary except, that" to "such compensation as may be provided in the Salary Ordinance, and in addition."

(b) 

Section 3-9A is amended to change the date of the organizational meeting of the newly elected Council from January 2 to January 1.

(c) 

Section 3-39A is amended to add at the end thereof the words: "The Municipal Judge shall hold court in the Municipal Building of the Borough of Washington."

(d) 

Section 3-40A is amended to add provisions for the appointment of a Prosecutor of the Municipal Court and for the powers and the duties of the Prosecutor.

(e) 

Section 3-46 is amended to provide that the Municipal Assessor be appointed by the Manager for a term of four years.

(f) 

Sections 3-47 and 3-48 are amended to provide that the office of Collector-Treasurer be separated into two positions and that the Collector serve for a term of four years.

(g) 

Section 3-52 is amended to provide that the Engineer serve for a term of three years.

(h) 

Section 3-62B is amended to provide that the Mayor appoint the members of the Civil Defense-Disaster Control Committee.

(i) 

Section 3-67 is amended to change the words "Planning Commission" to "Planning Board" and "Industrial Development Committee" to "Economic Development Committee."

(j) 

Section 3-68 is amended to change the words "Planning Commission" to "Planning Board" and to provide that alternate members be appointed in Classes II, III and IV, pursuant to N.J.S.A. 40:55-1.4, as amended.

(k) 

Section 3-69 is amended to change the words "Planning Commission" to "Planning Board."

(l) 

Section 3-71 is amended to change the words "Industrial Development Committee" to "Economic Development Committee" throughout and § 3-71A is amended to provide that the members thereof shall serve without compensation.

(2) 

Chapter 10, Fire Department, is amended to change the words "Fire Committee" or "Chairman of the Fire Committee" to "Borough Manager" throughout.

(3) 

In Chapter 22, Alcoholic Beverages:

(a) 

Sections 22-3A(1) and (2) are amended to increase the license fee for a plenary retail consumption license from $600 to $720 per year and the license fee for plenary retail distribution license from $600 to $720 per year.

(b) 

Sections 22-5 and 22-8 are amended to change the words "under the age of 21 years" to "under the age provided by law."

(4) 

In Chapter 29, Building Construction, § 29-10 is amended to add the words "regulating building construction in the Borough of Washington" after the word "adopted."

(5) 

In Chapter 35, Dogs:

(a) 

Section 35-7 is amended to delete the words "unless such dog be licensed under Section nine of this ordinance" from the end of Subsections A and B.

(b) 

Former Sections 9 and 10, requiring licenses for kennels, pet shops, shelters and pounds and establishing fees therefor, are hereby repealed.

(c) 

Section 35-10C is amended to change the words "$0.25" to "$0.50" (thus increasing the registration tag fee to the amount required by law).

(d) 

Section 35-22 is amended to change the words "Recorder or Police Magistrate" and "Recorder or Magistrate" to "Judge."

(6) 

In Chapter 41, Fire Prevention:

(a) 

Section 41-1A is amended to add at the end thereof the words "and the October 1972 revision of Article 31, List of Standards and Publications."

(b) 

Section 41-5B is added to set the limits in which the construction of new bulk plants is prohibited, and to allow new bulk plants in the I Industrial Zone by permit.

(7) 

In Chapter 49, Handbills and Merchandise Samples:

(a) 

Section 49-2 is amended to require payment of a permit fee of $5 per distribution.

(b) 

Section 49-7 is amended to exempt political or religious literature from the requirements of this chapter.

(8) 

In Chapter 54, Licensed Occupations:

(a) 

Section 54-1 is amended to repeal the definitions of "eating places" and "vehicles of transportation."

(b) 

Section 54-2 is amended to delete the words "eating place, vehicle of transportation."

(c) 

Section 54-5 is amended to delete eating places and vehicles of transportation from the table of fees for licenses.

(d) 

Section 54-7 is amended to delete the words "and in case of vehicles of transportation a license plate must be displayed upon such vehicle."

(e) 

Section 54-8A is amended to delete the words "or more than one vehicle of transportation is engaged in conducting such business defined under the said paragraphs herein mentioned in this Section of this ordinance" after the words "in any one such business."

(9) 

In Chapter 59, Nuisances, Public Health:

(a) 

Section 59-1 is amended to add the words "hereto and made a part hereof without the inclusion of" after the word "annexed."

(b) 

Section 59-2 is amended to refer to the 1953 Edition of the Public Health Nuisance Code of New Jersey.

(10) 

In Chapter 61, Numbering of Buildings, § 61-2 is added to provide a fine of not more than $50 for violations.

(11) 

In Chapter 64, Park, Borough:

(a) 

Section 64-4A is amended to increase the maximum fine for a violation of § 64-1 (park hours) from $50 to $500.

(b) 

Section 64-4B is amended to increase the maximum penalty for a violation of § 64-3 (damage to park property) to $500 or 90 days in jail, or both.

(c) 

Section 64-6 is amended to provide that the maximum penalty for violating the provisions of the article on more than one occasion be raised to $500 or 90 days in jail, or both.

(12) 

In Chapter 73, Soil Removal, § 73-10C is amended to add the words "Board, in determining" ahead of the words "the rate upon which."

(13) 

In Chapter 75, Streets and Sidewalks:

(a) 

Sections 75-1 through 75-8 are amended to delete the penalty for violation from each section.

(b) 

Section 75-11 is amended to delete the penalty for a violation of that section.

(c) 

Sections 75-14 and 75-15 are amended to delete the last sentence of each, which established the penalty for a violation of each section.

(d) 

Section 75-37B is amended to change the word "applicant" to "permittee."

Editor's Note: The amendments to §§ 75-37B and 75-41 refer to the original legislation adopted 3-10-1970 by Ord. No. 2-70. These sections were subsequently superseded by Ord. No. 24-73 adopted 12-11-1973.

(e) 

Section 75-41 is amended to change the word "magistrate" to "Judge."

Editor's Note: The amendments to §§ 75-37B and 75-41 refer to the original legislation adopted 3-10-1970 by Ord. No. 2-70. These sections were subsequently superseded by Ord. No. 24-73 adopted 12-11-1973.

(14) 

In Chapter 77, Subdivision of Land:

(a) 

Section 77-17G is amended to provide that grades of streets comply with the standards of the Street Specification Ordinance.

(b) 

Section 77-4, 77-5D, 77-6D, 77-8D, F and G, 77-11, 77-12A(7) and (8), 77-16 and 77-28B are amended to add the words "as amended, supplemented and in effect" after the statutory references contained therein.

(15) 

In Chapter 80, Taxicabs:

(a) 

Section 80-5A is amended to change the word "and" to "or" after the word "turpitude."

(b) 

Section 80-8D is amended to read "who for just cause is deemed by the Borough Council unfit to drive a taxicab."

(16) 

In Chapter 91, Weeds and Obnoxious Growths:

(a) 

Section 91-2 is amended to add the words" of any property" after the word "occupant" and to change the words "by law" to "in this chapter" at the end.

(b) 

Section 91-3 is amended to change the words "Section 2 (§ 91-2) of this ordinance" to "§ 91-5 of this chapter."

(c) 

Section 91-5 is added, providing that any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $50.

(17) 

In Chapter 94, Zoning:

(a) 

Section 94-15 is amended to add the words "in a residential zone" after the word "premises."

(b) 

Section 94-17 is amended to add the words "buildings on" after the words "provided, however."

(c) 

Section 94-26B is amended to add the words "The owner of" at the beginning.

(d) 

Section 94-48C is amended by adding the word "width" after the word "minimum."

(18) 

In Chapter A96, Cable Television Franchise:

(a) 

Section A96-5A is amended to add the words "of the stockholders" after the word "addresses."

(b) 

Section A96-12 is amended to raise the maximum fine for a violation to $500.

(c) 

Section A96-16 is amended to delete the words "except as to the provisions of Section 18" from the end.

(19) 

In the following sections, the violations and penalties provisions are amended to provide that violators shall, upon conviction, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, the imposition of such penalties being authorized by N.J.S.A. 40:49-5, as amended, and to provide that continuing violations shall be separate offenses:

§ 22-9
§ 35-23
§ 37-6
§ 40-5
§ 41-12A
§ 45-11
§ 49-8
§ 53-5
§ 54-13
§ 54-19
§ 56-5
§ 64-4B
§ 70-15
§ 73-13
§ 75-33
§ 77-28A
§ 80-23
§ 94-97A
(20) 

The following violations and penalties sections were added to provide that violators shall, upon conviction, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, the imposition of such penalties being authorized by N.J.S.A. 40:49-5, as amended, and to provide that continuing violations shall be separate offenses:

§ 26-6B
§ 29-11
§ 61-2
§ 75-10
§ 75-13
§ 75-18
§ 75-26
(21) 

In the following sections, the minimum fine was increased from $2 to $5 and the maximum fine was increased from $100 to $500:

§ 45-4
§ 59-4
[Adopted 11-17-2008 by Ord. No. 13-2008]

§ 1-15
Fees. 

§ 1-16
Fee for returned check. 

§ 1-17
Fee for police vehicle for outside duty. 

§ 1-15 Fees.

Fees for licenses, permits, inspections and other regulatory activity of the Borough shall be as set forth in the chapter of the Borough Code that relates to the regulated activity.

§ 1-16 Fee for returned check.

Any person who uses a check to pay any fee to the Borough as required by the provisions of the Borough Code shall be assessed a returned check fee of $25 if the check used to pay the fee is not honored by the bank or other financial institution on which the check was drawn.

§ 1-17 Fee for police vehicle for outside duty.

Any individual or business entity requiring a police vehicle as an "active" traffic control device shall pay a flat fee of $20 per day or any portion thereof for use within the Borough.