[HISTORY: Adopted by the Township Committee of the Township of Kingwood: Art. I, 3-16-1979 as Ord. No. 4-7-79; Art. II, 5-19-1997 by Ord. No. 9-3-97. Amendments noted where applicable.]
Article I Adoption of Code by Township Committee
Article II General Penalties
[Adopted 3-16-1979 as Ord. No. 4-7-79]
Be it ordained by the Township Committee of the Township of Kingwood, County of Hunterdon, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Kingwood of a general and permanent nature adopted by the Township Committee of the Township of Kingwood as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 132, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Kingwood" 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 and effect hereinafter.
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 Kingwood 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 Kingwood" 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 Kingwood, 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 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 the office of the Clerk for use by 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.
[Amended 4-10-1981 by Ord. No. 4-5-81]
Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of the following fees:
For the entire Code book: the sum of $50.
For the separate pamphlet containing the Township Zoning Ordinance, known as Chapter 132 of the Code: the sum of $7.
For periodic supplementations of the Code, the fee shall be the actual costs to the township for the preparation of and printing of the supplement.
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 Kingwood to be misrepresented thereby. Anyone violating this section or part 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 section or part 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:
Any ordinance adopted subsequent to August 18, 1978.
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 or 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 or obligation.
The levy or imposition of taxes, assessments or charges.
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 of officers and employees of the Township of Kingwood.
All ordinances of the township providing for the preparation and use of tax maps.
An ordinance adopted by the Township Committee on October 20, 1951, recognizing and approving the assertions in the preamble of an ordinance adopted by the Board of Health to regulate and control the keeping of swine in the township.
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.
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.)
The following penalty sections were amended: §§ 51-10, 54-9, 65.4, 68.8, 86-11, 96.6, 100-4, 106-8, 109-18 and 127-5.
[Adopted 5-19-1997 by Ord. No. 9-3-97]
For violation of any provision of the Code of the Township of Kingwood or any amendments, modifications, revisions or additions thereto or any other ordinance of the Township of Kingwood, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the county jail or in any place provided by the township for the detention of prisoners, for a term not exceeding 90 days; or by a fine not exceeding $1,000; or by a period of community service not exceeding 90 days (N.J.S.A. 40:49-5).
The court, before which any person is convicted of a violation, shall have the power to impose any fine, term of imprisonment or period of community service, or a combination thereof, not exceeding the maximum penalties provided herein.
Repeat offenses. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance 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 fixed for a violation of the ordinance but shall be calculated separately from the fine imposed for the violation of the ordinance. Each and every day that a violation exists or continues shall constitute a separate and distinct violation punishable in accordance with the fines and penalties herein established.