[HISTORY: Adopted by the Township Committee
of the Township of Hardyston as indicted in article histories. Amendments
noted where applicable.]
[Adopted 7-18-2000 by Ord. No. 2000-14]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Hardyston of a general and permanent nature adopted by the Township Committee of the Township of Hardyston, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 185, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Hardyston," hereinafter known and referred to as the "Code."
A.
CLERK or TOWNSHIP CLERK
DEPARTMENT
LICENSED
MONTH
ORDINANCE
PERSON
STREET
TOWNSHIP
TOWNSHIP COUNCIL
YEAR
For the purpose of this Code, and in the interpretation
and application of all other ordinances hereafter adopted, except
as the context may otherwise require:
The Municipal Clerk duly elected pursuant to law.
An organizational unit of the Township government established
or designated by ordinance or this revision as a department, together
with any agency or instrumentality of the Township government assigned
to such organizational unit by the Township Council.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month unless otherwise specifically provided.
Any act of local legislation heretofore or hereafter adopted,
and including this Code, so long as it has been adopted by the procedure
required for the adoption of an ordinance and so long as it remains
in force and effect pursuant to law.
Any individuals, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups; or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
A street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk, and every class
of road, square, place or municipal parking field used by the general
public.
The Township of Hardyston in the County of Sussex and State
of New Jersey.
The duly elected Councilmen of the Township.
A calendar year unless otherwise specifically provided.
B.
Construction. For the purpose of this Code and any
other ordinances heretofore or hereafter adopted, except as the context
may otherwise require:
(1)
The present tense includes the past and future tenses
and the future, the present.
(2)
The masculine gender includes the feminine and neuter.
(3)
The singular number includes the plural and the plural,
the singular.
(4)
"Shall" is mandatory and "may" is permissive.
(5)
The time within which an act is to be done shall be
computed by excluding the first and including the last day and if
the last day be a Sunday, a legal holiday, or a day on which the offices
of the Township are closed, that day shall be excluded.
(6)
"Writing" and "written" shall include printing, typewriting
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
(7)
Whenever a specific time is used in this revision,
it shall mean the prevailing and established time in effect in the
State of New Jersey during any day in any year.
(8)
Any citation of a statute, law or ordinance contained
in this Code shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
(9)
"Chapter" shall mean one of the major divisions of
the Code identified by an Arabic numeral and divided by subject matter.
(10)
"Section" shall mean a major subdivision of a chapter.
(11)
"Subsection" shall mean a subdivision of a section,
identified by a letter or number.
This ordinance and the Code shall supersede
the Revised General Ordinances of the Township 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 Township 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 Township of Hardyston 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 Hardyston" 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 Township of Hardyston, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, 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, or any chapter or portion
of it, may be purchased from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee to be set by the Township Committee.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
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 Hardyston 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 § 1-13 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 5-2-2000.
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.
[Amended 2-17-2009 by Ord. No. 2009-02]
A.
Maximum
penalty. Unless otherwise provided by law, any person, form or corporation
who or which violates any provision of this Code or any other ordinance
of the Township where no specific penalty is provided shall, upon
conviction, be subject to a fine not exceeding $2,000, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof.
B.
Separate
violations. Except as otherwise provided, each and every day in which
a violation of any provision of this chapter or any other ordinance
of the Township exists shall constitute a separate violation.
C.
Application.
The maximum penalty stated in 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 appropriate
for a particular case or violation.
Any person violating any provision of any prior
Board of Health ordinance included in the Code of the Township of
Hardyston shall, upon conviction thereof, be subject to the penalties
prescribed by N.J.S.A. 26:3-70 and 26:3-70.1.
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 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.
B.
All specific fee amounts have been removed from the
text of the chapters and replaced by the phrase "as set from time
to time by resolution of the Township Council."
C.
Statutory references. All statutory references throughout
the Code are hereby updated as necessary to reflect the current citations.
E.
In addition, the changes, amendments or revisions
as set forth in Schedule A,[1] attached hereto and made a part hereof are made herewith,
shall 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 § 1-17E, the chapters, articles and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 7-18-2000 by Ord. No. 2000-14." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
