Township of Verona, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Township Council of the Township of Verona as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 12-21-2020 by Ord. No. 2020-26]

§ 1-1 Code adopted; existing ordinances continued.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Verona of a general and permanent nature adopted by the Township Council of the Township of Verona, as revised and codified and consisting of Chapters 1 through 519, together with two Appendixes, are hereby approved, adopted, ordained and enacted as the Code of the Township of Verona, 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 1981 Code of the Township of Verona, as amended and supplemented.

§ 1-2 Code on file; additions and amendments.

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 Township Clerk of the Township of Verona 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 Municipal 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 Council 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 Verona" shall be understood and intended to include such additions and amendments.

§ 1-3 Notice; publication.

The Municipal Clerk of the Township of Verona 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 Municipal 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.

§ 1-4 Severability.

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.

§ 1-5 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 ordinance, except as hereinafter provided.

§ 1-6 Ordinances saved from repeal.

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 April 27, 2020.

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.

§ 1-7 Changes in previously adopted ordinances.

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 Council 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 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]

[1] Editor's Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law 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) 12-21-2020 by Ord. No. 2020-26." 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) Borough. The 1981 Code was published when Verona was still a Borough. Over the years, as Code pages have been supplemented, references to "Borough" have been updated to "Township." References to "Borough" are updated to "Township." In addition, references to the "Township of the Borough of Verona" are changed to "Township of Verona."

(2) Map Filing Law. The Map Filing Law, N.J.S.A. 46:23-9.9 et seq. (L. 1960, c. 141) was repealed by L. 2011, c. 217. References are updated to refer to N.J.S.A. 46:26B-1 et seq.

(3) Division of Motor Vehicles. References to the "Division of Motor Vehicles" are updated to the "Motor Vehicle Commission."

(4) Chapter 35 is amended to change instances of "firemen" to "firefighters."

(5) Chapter 145 is amended to change instances of "pound" to "shelter" and instances of "Dog Warden" to "Animal Control Officer."

(6) Chapter 402 is amended to delete references to the Property Maintenance Department.

(7) Except for such references in Chapter 5, Administration of Government, and §§ 55-1A and 55-2A, "Mayor and Council" is amended to read "Township Council."

(8) Except for such references in Chapter 5, Administration of Government, and §§ 55-1A and 55-2A, "Mayor" is amended to read "Township Manager."

(9) All references to "Board of Chosen Freeholders" are amended to read as "Board of County Commissioners."

§ 1-8 Titles and headings; editor's notes.

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.

§ 1-9 Altering or tampering with Code; violations and penalties.

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 Verona 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.

§ 1-10 When effective.

This ordinance shall take effect immediately upon final passage and publication as provided by law.

Article II General Penalty

[Adopted during codification (upon enactment, adoption information will be inserted here)]

§ 1-11 Penalty for violations of Code.

If a chapter or article of the Code does not contain a penalty, then the following penalty provisions shall apply:

A. Maximum penalty. For violation of any provisions of this chapter, any other chapter of this Code or any other ordinance of the Township, the maximum penalty, upon conviction, shall be one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.

B. A minimum penalty not exceeding $100 shall apply for any and all violations of any section of the Code of the Township of Verona.

C. The violation of any ordinance or section of the Code pertaining to the unlawful disposal of solid waste shall be subject to a minimum penalty not exceeding $2,500 or a maximum penalty not exceeding $10,000.

D. The court shall have the power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum set forth in this section upon any person convicted of violating any section of the within Code or ordinances of the Township of Verona.

E. Any person convicted of violating an ordinance and/or a section of this Code within one year of the date of a previous violation of the same ordinance and/or a section of this Code and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine established in this section, but shall be calculated separately from the fine imposed for the violation of the ordinance and/or section of this Code.

F. The Township of Verona may waive the additional fine by ordinance or resolution for a repeated violation of any ordinance and/or section of the Code. Any person convicted of the violation of any ordinance and/or section of the Code in the discretion of the court and in default of the payment of any fine imposed therefor shall be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.

G. In the event the court wishes to impose a fine in an amount greater than $1,250 upon an owner of real property for violations of housing or zoning codes of the Township, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, the court determines that the abatement has not been substantially completed.

H. Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Township exists shall constitute a separate violation.

I. The maximum penalty stated in this section is not intended to be an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.