[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-2023 by Ord. No. 2023-07]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Bordentown of a general and permanent nature adopted by the Township Committee of the Township of Bordentown, as revised and codified and consisting of Chapters 1 through 500, are hereby approved, adopted, ordained and enacted as the Code of the Township of Bordentown, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 2003 Municipal Code of the Township of Bordentown, as amended and supplemented.
A. 
A copy of the Code has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance, such copy shall be certified to by the Clerk of the Township of Bordentown 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 Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Township Committee 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 Bordentown" shall be understood and intended to include such additions and amendments.
The Clerk of the Township of Bordentown shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Township Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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 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 ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 November 14, 2022.
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.
N. 
Any redevelopment plan and amendments thereto.
A. 
In preparing the revision and codification of the Township's ordinances pursuant to N.J.S.A. 40:49- 4, certain minor grammatical and nonsubstantive 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 formally amended to read as such.
B. 
In addition, the changes, amendments or revisions as set forth in Schedule A[1] attached hereto and made a part hereof 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]
Editor’s Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, these histories will be replaced with the adoption date and number of this ordinance. Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C. 
Nomenclature changes. Throughout the Code, the following titles have been updated as follows:
(1) 
References to "Board of Chosen Freeholders" are amended to read "Board of County Commissioners."
D. 
Gender-neutral language. Gender-specific pronouns (such as he, she, his, hers, him, her) have been removed from the Code. In place thereof, the noun is repeated, as appropriate.
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Township of Bordentown to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to one or more of the following penalties: a fine of not more than $2,000, 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.
This ordinance shall take effect immediately upon final passage and publication as provided by law.
[Adopted as Ch. 1.08 of the 2003 Municipal Code]
[Amended by Ord. No. 1990-26]
A. 
Maximum penalty. For violation of any provision of this Code or any other applicable ordinance of the Township of Bordentown, the maximum penalty shall, upon conviction of such violation, be one or more of the following:
(1) 
Imprisonment in the county jail for a term not exceeding 90 days;
(2) 
A fine not exceeding $2,000;
[Amended 5-22-2023 by Ord. No. 2023-07]
(3) 
A period of community service not exceeding 90 days.
B. 
Repeat offenders. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be sentenced to an additional fine as a repeat offender, in an amount not less than the minimum nor more than the maximum fine fixed for a violation of the ordinance, to be calculated separately from the fine imposed for the violation of the ordinance.
C. 
Separate violations. Except as otherwise provided, a separate offense shall be deemed committed each day on or during which a violation occurs or continues. A person who is convicted of separate offenses for a continuing violation in a single proceeding shall not be deemed a repeat offender for purposes of Subsection B of this section unless that person was also convicted of a previous violation of the same ordinance in a different proceeding within one year of such conviction.
D. 
Application. The maximum penalty set forth in Subsection A of 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 deemed appropriate for a particular case or a particular violation, at the discretion of the Municipal Judge.
A. 
Inapplicability of § 1-11. The provisions of § 1-11 shall not apply to this section. Violations of any of the provisions of Chapter 283, Food and Food Establishments, Article I, Food and Beverage Vending Machines; Chapter 326, Nuisances, Public Health; and Chapter 420, Streets and Sidewalks, Article I, Plant Growth Near Intersections, shall be penalized according to the provisions of this section.
[Amended 5-22-2023 by Ord. No. 2023-07]
B. 
Maximum and minimum penalties. For violation of any provision of this article or of any other ordinance of the local Board of Health, the maximum penalty shall, upon conviction of such violation, be a fine in an amount not exceeding $500. The minimum penalty upon such conviction shall be a fine in an amount not less than $5, except that the minimum penalty for violation of Chapter 326, Nuisances, Public Health, shall be a fine in an amount not less than $2. Additional penalties may be levied as provided herein for second violations.
C. 
Additional penalties for second violations. In case a defendant shall have been twice convicted, within the space of six months, of the violation of the same health ordinance or code and due proof of such fact is made, the Municipal Court may, in addition to the imposition of the penalty prescribed herein, cause the defendant to be imprisoned in the county jail or county workhouse, with or without hard labor, for any number of days not exceeding one for each dollar of the penalty.
D. 
Penalties for violation of mandatory codes. The penalties applicable to violation of any provision of the New Jersey State Sanitary Code, the New Jersey Air Pollution Control Code, or any other codes or regulations having the force and effect of law within the Township, shall be as provided by statute.
E. 
Separate violations. Except as otherwise provided, a separate offense shall be deemed committed each day on or during which a violation occurs or continues.
F. 
Application. The amount of the penalty to be applied to a particular case between the maximum and minimum inclusive shall be left to the discretion of the Municipal Court.
G. 
Enforcement. Proceedings to enforce and collect any penalty imposed for violation of any provision of this article shall be summary and in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq.