[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-5-2011 by Ord. No. 669]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Upper Deerfield of a general and permanent nature adopted by the Township Committee of the Township of Upper Deerfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 405, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Upper Deerfield," 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.
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 Upper Deerfield 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 Upper Deerfield" 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 Upper Deerfield, 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 authorized by the Township. The Clerk shall 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 Upper Deerfield 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.
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 8-19-2010.
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.
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.
Nomenclature. The following changes in nomenclature have been made
throughout the Code:
Change
|
To
| |
---|---|---|
State Department of Health and New Jersey Department of Health
|
State Department of Health and Senior Services
| |
(local) Board of Health
|
Cumberland County Board of Health
| |
Zoning Board of Adjustment
|
Planning Board
| |
Building Inspector
|
Construction Official
| |
Township Police Department
|
New Jersey State Police
| |
Chief of Police
|
Jersey State Police Barracks Commander
|
C.
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 § 1-14C, the chapters, parts and sections which were added, amended, adopted or deleted 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) 5-5-2011 by Ord. No. 669." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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 Upper Deerfield.
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 Upper Deerfield.
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 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 Upper Deerfield 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.