[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Board of Health general provisions — See Ch. 260.
[Adopted 9-12-1990 by Ord. No. 90:09]
Be it ordained and enacted by the Mayor and Council of the Borough
of Somerdale, County of Camden, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the various chapters and articles of the 1973 Code of the Borough of Somerdale, and the other ordinances of the Borough of Somerdale of a general and permanent nature adopted by the Mayor and Council of the Borough of Somerdale, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 259, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Somerdale," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1973 Code of
the Borough of Somerdale, 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 Somerdale 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 Somerdale" 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 Somerdale, 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 Mayor and 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 Somerdale 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 $1,000 or to imprisonment
for not more than 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 January 10, 1990.
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.
M.
Any currently effective vehicles and traffic legislation.
N.
Any Zoning Map amendments.
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 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, parts, articles and chapters were added or amended: §§ 4-1, 4-2B, 19-5, 19-18, 24-2, 24-3, Ch. 29, § 33-6, Arts. II and III of Ch. 33, 33-12A, 33-13C and E(2), M. V of Ch. 33, §§ 33-18G, 33-200, 33-21B and C, 33-22H, I, J, K and L 33-24, 33-25, 33-28, 33-29, 33-31A, 3341, 33-44, 335, 37-2A, 44-5, 44-6, 44-12, 44-15, 44-21, 48-2B(2), 54-1, 54-2, 76-2, 76-3, 76-6, 76-7, 76-98, 76-14C, 76-16, 76-188 and C, 76-19, 88-7, 91-3, 9111, 91-5D, E and F, 91-6, 91-9, Ch. 97, §§ 106-1, 106-2, 106-3, 106-4, 106-5A, 106-6, 112-1, 112-2, 112-5, 112-6, 117-2, 117-3C and D, 117-5, 117-6, 117-10, 117-13, 117-14, 138-5B, 138-17C, 138-18C, 147-4, 147-5, 147-6C, 147-7A(1), 156-1, 156-3, Ch. 159, §§ 162-B, 162-9, 162-10, 162-12, 162-22, 162-25, 162-27, 162-33B, 162-34, 162-35, 162-39, Parts 2, 3 and 4 of Ch. 162, §§ 181-2, 186-2, 186-5k 186-12D, 186-14, 186-17, 192-5K, 192-7, 192-8, 192-11, 192-13, 201-1, 201-2, 201-3, Ch. 206, §§ 212-1N and 0, 212-2, 212-3, Art. II of Ch. 212, §§ 223-1, 223-3, 223-15B, 236-7, 236-14, 236-18 and 2404. The following original sections were deleted: § 11-11 of Ch. 11 of the 1973 Code, § 17-9 of Ch. 17, M. 11, of the 1973 Code, Section 3 of an ordinance adopted 12-8-1976, §§ 24-8 and 24-9 of Ch. 24 of the 1973 Code, Subdivision (7) of an ordinance adopted 10-8-1975, § 52-15 of Ch. 52 of the 1973 Code, § 58-6B and C of Ch. 58, Art. II, of the 1973 Code, Sections 3 and 5 of M. V of an ordinance adopted 1-12-1977 and §§ 100-5 and 100-19 of Ch. 100 of the 1973 Code. A complete description of these changes is contained in Ord. No. 90:09, on file in the office of the Borough Cleric.
C.
Fees. The following sections are hereby amended to replace specific
fees with references to the Annual Fee Ordinance.[2]
[2]
Editor's Note: Pursuant to § 1-14C, the following sections were amended to replace specific fees with references to the Annual Fee Ordinance: §§ 73-3A 76-4A 103-3, 135-27, 135-28, 17 519 2-6, 197-27D, 223-8A(2) (3Xa) and (4), 236-3 and 236-10. A complete description of these changes is contained in Ord. No. 90:09, on file in the office of the Borough Cleric.
D.
Penalties. The following sections are hereby amended to standardize
penalties at a maximum fine of $1,000, a maximum term of imprisonment
of 90 days and a maximum term of community service of 90 days, or
any combination of the foregoing.[3]
[3]
Editor's Note: Pursuant to § 1-14D, the following sections were amended to standardize the penalties: §§ 67-13, 70-7, 73-8, 73-11, 76-21 B, 83-7, 88-9, 91-11, 106-9, 135-9, 135-19A, 138-8, 147-2, 147-9, 175-9A, 1814, 186-15A, 189-5, 192-15A, 197-24A, 201-5, 212-4, 223223-14, 223-233, 223-27A, 230-3A and 236-20. A complete description of these changes is contained in Ord. No. 90:09, on file in the office of the Borough Clerk.
[During the process of codification, amendments to certain
pieces of legislation were approved by the Mayor and Council for inclusion
in the Code of the Borough of Somerdale. Such enactments are noted
in the histories of individual chapters as ". . . amended during codification;
see Ch. I, General Provisions, Art. II." These enactments will be
adopted separately and are presently proposed before the Mayor and
Council for that purpose. Upon final enactment, a complete enumeration
of all such enactments will be included in this article along with
specific dates of adoption. During the course of routine supplementation,
specific amendment dates will be inserted where pertinent in the text
of the various chapters.
The listing below sets forth each chapter and, where applicable,
each section affected by any such legislation adopted during codification.
The complete text of such amendments is on file in the office of the
Borough Clerk, where it may be inspected during regular office hours.]
