[Adopted 5-5-2003 by Ord. No. 03.20]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Dunellen of a general and permanent nature adopted by the Mayor and Council of the Borough of Dunellen, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Dunellen," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1975 Code 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 Municipal 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 Dunellen 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 Dunellen" 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 Dunellen, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, 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 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 Mayor and Council.
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 Borough of Dunellen to be misrepresented
thereby.
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 inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Borough of Dunellen which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
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.
Global changes. The following revisions were made
throughout the Code:
(1)
Statutory references. Statutory references have been
updated or footnoted as necessary to refer to the current statute
and to eliminate references to repealed statutes.
(2)
Nomenclature changes. The following nomenclature changes
have been made throughout the Code:
(a)
Municipal Magistrate to Municipal Judge.
(b)
Municipal Court Clerk to Municipal Court Administrator.
(c)
Board of Adjustment to Planning Board acting
as the Board of Adjustment.
(d)
Board of Health to County Health Officer.
(e)
Borough Clerk to Municipal Clerk.
(f)
Division of Public Works to Department of Public
Works.
C.
Ratification of changes.
(2)
The following sections are ratified and affirmed as
repealed: Original Sections 8, 9 and 10 of the ordinance adopted 11-1-1948
which dealt with territorial jurisdiction and jurisdiction of offenses
of the Municipal Court, the practice and procedure of the Court and
the causes and proceedings which are transferred to the Court.
D.
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 § 1-13D, the sections which were amended 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 will be replaced with the following history: "Amended 5-5-2003 by Ord. No. 03.20." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
