[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-8-1974 by Ord. No. 34-73]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Washington of a general and permanent nature, adopted by the Borough Council of the Borough of Washington, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 94, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Washington," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede 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.
All provisions of this ordinance and the Code shall be in full
force and effect on and after January 8, 1974.
A copy of the Code in loose-leaf form has been filed in the
office of the Borough 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 Washington 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 the 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 Washington" 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 the said Code, as amendments and supplements thereto.
The Clerk of the Borough of Washington, pursuant to law, shall
cause to be published in the manner required, a copy of this adopting
ordinance 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 him, to keep up-to-date the certified copy of the book
containing the Code required to be filed in his 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 book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Borough Council, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
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 Washington to be misrepresented thereby.
Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $500 or imprisonment for
not more than 90 days, or both, 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 § 1-12 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 July 24, 1973.
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 grade, changing 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 Borough's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property,
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
Ordinances establishing the amount and manner of payment of salaries
or compensation of officers and employees; establishing workdays and
working hours of certain employees, and providing for holidays and
vacations for employees and keeping of employment records.
L.
Any ordinance making any change or revision in the Zoning Map.
M.
Any ordinance regulating traffic or parking.
N.
An ordinance adopted 4-20-1965 excluding tangible household property
from taxation.
O.
An ordinance adopted 7-24-1973 (Ord. No. 20-73) authorizing the Borough
to enter into a sewerage agreement with the Township of Washington.
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 Borough 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.
In addition, the following changes, amendments or revisions 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)
In Chapter 3, Administration of Government:
(a)
Section 3-6 is amended to change the words "no compensation or salary except, that" to "such compensation as may be provided in the Salary Ordinance, and in addition."
(b)
Section 3-9A is amended to change the date of the organizational meeting of the newly elected Council from January 2 to January 1.
(c)
Section 3-39A is amended to add at the end thereof the words: "The Municipal Judge shall hold court in the Municipal Building of the Borough of Washington."
(d)
Section 3-40A is amended to add provisions for the appointment of a Prosecutor of the Municipal Court and for the powers and the duties of the Prosecutor.
(e)
Section 3-46 is amended to provide that the Municipal Assessor be appointed by the Manager for a term of four years.
(h)
Section 3-62B is amended to provide that the Mayor appoint the members of the Civil Defense-Disaster Control Committee.
(i)
Section 3-67 is amended to change the words "Planning Commission" to "Planning Board" and "Industrial Development Committee" to "Economic Development Committee."
(2)
Chapter 10, Fire Department, is amended to change the words "Fire Committee" or "Chairman of the Fire Committee" to "Borough Manager" throughout.
(4)
In Chapter 29, Building Construction, § 29-10 is amended
to add the words "regulating building construction in the Borough
of Washington" after the word "adopted."
(5)
In Chapter 35, Dogs:
(6)
In Chapter 41, Fire Prevention:
(a)
Section 41-1A is amended to add at the end thereof the words
"and the October 1972 revision of Article 31, List of Standards and
Publications."
(b)
Section 41-5B is added to set the limits in which the construction
of new bulk plants is prohibited, and to allow new bulk plants in
the I Industrial Zone by permit.
(8)
In Chapter 54, Licensed Occupations:
(a)
Section 54-1 is amended to repeal the definitions of "eating places" and "vehicles of transportation."
(c)
Section 54-5 is amended to delete eating places and vehicles of transportation from the table of fees for licenses.
(11)
(14)
In Chapter 77, Subdivision of Land:
(a)
Section 77-17G is amended to provide that grades of streets
comply with the standards of the Street Specification Ordinance.
(b)
Section 77-4, 77-5D, 77-6D, 77-8D, F and G, 77-11, 77-12A(7)
and (8), 77-16 and 77-28B are amended to add the words "as amended,
supplemented and in effect" after the statutory references contained
therein.
(16)
(17)
(19)
In the following sections, the violations and penalties provisions
are amended to provide that violators shall, upon conviction, be punishable
by a fine of not more than $500 or by imprisonment for a term not
to exceed 90 days, or by both such fine and imprisonment, the imposition
of such penalties being authorized by N.J.S.A. 40:49-5, as amended,
and to provide that continuing violations shall be separate offenses:
(20)
The following violations and penalties sections were added to provide
that violators shall, upon conviction, be punishable by a fine of
not more than $500 or by imprisonment for a term not to exceed 90
days, or by both such fine and imprisonment, the imposition of such
penalties being authorized by N.J.S.A. 40:49-5, as amended, and to
provide that continuing violations shall be separate offenses:
[Adopted 11-17-2008 by Ord. No. 13-2008]
Fees for licenses, permits, inspections and other regulatory
activity of the Borough shall be as set forth in the chapter of the
Borough Code that relates to the regulated activity.
Any person who uses a check to pay any fee to the Borough as
required by the provisions of the Borough Code shall be assessed a
returned check fee of $25 if the check used to pay the fee is not
honored by the bank or other financial institution on which the check
was drawn.
Any individual or business entity requiring a police vehicle
as an "active" traffic control device shall pay a flat fee of $20
per day or any portion thereof for use within the Borough.
