Township of Hillsborough, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Hillsborough of a general and permanent nature as previously codified in the 1977 Code, adopted 12-27-1977 by Ordinance No. 77-21, and ordinances adopted by the Township Committee of the Township of Hillsborough subsequent thereto, as recodified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 287 (Parts I and II), together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Hillsborough," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede the 1977 Code and all 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.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

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 by the Clerk of the Township of Hillsborough 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.

§ 1-5 Amendments to Code.

Any and all additions and amendments to the Code, when passed and 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 Hillsborough" 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.

§ 1-6 Publication; filing.

The Township Clerk of the Township of Hillsborough, 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 Township 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 Township Clerk or someone authorized and directed by the Township 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 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; supplementation.

Copies of the Code, or any chapter or portion of it, may be purchased from the Township Clerk, or an authorized agent of the Township Clerk, upon payment of a fee to be set by the Township Committee. The Township Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 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 Township of Hillsborough 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 $1,250, 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.

§ 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 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 Repealer.

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:

Any ordinance adopted subsequent to June 25, 2002.

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.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment of forfeiture which may result therefrom.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

Any ordinance dealing with the Police Department, including ordinances adopted February 5, 1921; Ord. No. 64-6, adopted 7-28-1964; and Ord. No. 69-7, adopted 10-14-1969 and Ord. No. 72-5, adopted 6-27-1972, dealing with salaries and wages of members of the Police Department, and any amendments and supplements thereto.

§ 1-14 Changes in previously adopted ordinances.

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.

Article II Penalties

[Adopted 12-27-1977 by Ord. No. 77-21 as Art. II of Ch. 1 of the 1977 Code]

§ 1-15 Violations and penalties.

[Amended 9-12-1995 by Ord. No. 95-37; 8-12-2003 by Ord. No. 2003-13; 3-25-2008 by Ord. No. 2008-12]

Unless a specific penalty is provided elsewhere in the Code of the Township of Hillsborough, any person, firm or corporation who shall violate this Code shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding $2,000; or imprisonment for a period not exceeding 90 days; or a period of community service not exceeding 90 days, at the discretion of the Municipal Court.

[Amended 8-10-2021 by Ord. No. 2021-14]

Any property owner may be fined in excess of $1,250 for a housing or zoning violation, provided that prior to the imposition of a fine in excess of $1,250, the property owner is afforded a thirty-day period to cure or abate the condition and is entitled to an opportunity for a hearing before the Municipal Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the Municipal Court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed. Each day during which there is a violation shall constitute a separate and continuing violation without the necessity of an additional summons being issued.

[Amended 8-10-2021 by Ord. No. 2021-14]

Wherever in the Code of the Township of Hillsborough there is a reference to a Class A, B or C violation, the penalty for that violation shall be assessed pursuant to § 1-15A of this article.

§ 1-16 Continuing violations.

Where applicable, and for the purposes of assessing penalties, the continuation of a particular violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate violation.

§ 1-17 Additional remedies.

The imposition of a penalty as provided in § 1-15 above, or as specifically provided in any other chapter or Parts I and II of this Code, or in another ordinance of the Township Committee, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the state, with the same force and effect as though provided for herein. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.