[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-17-1974 by Ord. No. 74-10 (Ch. 1, Art. III, of the 1986 Code)]
A.
Any
person who aids, abets, counsels, commands, induces or procures another
to violate any of the ordinances of the Borough of Penns Grove shall
be punishable as a principal.
B.
Any
person who willfully causes another to violate any of the ordinances
of the Borough of Penns Grove shall be punishable as a principal.
[Added 7-5-2017 by Ord.
No. 2017-5]
A.
Any person,
firm or corporation violating any provision of the Code of the Borough
of Penns Grove for which no other penalty is provided in the Code
or by statute shall be punishable by one or more of the following:
imprisonment in the county jail for a term not exceeding 90 days,
a fine not exceeding $2,000, or a period of community service not
exceeding 90 days.
B.
The court
before which any person is convicted of violating any ordinance of
the Borough shall have power to impose any fine, term of imprisonment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in such ordinance.
C.
Any person
convicted of the violation of any ordinance may, in the discretion
of the court by which he was convicted, and in default of the payment
of any fine imposed therefor, 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.
D.
Except as
otherwise provided, each and every day in which a violation of any
provision of this Code or any other ordinance of the Borough exists
shall constitute a separate violation.
[Adopted 7-5-2017 by Ord.
No. 2017-5
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Penns Grove of a general and permanent nature adopted by the Mayor and Council of the Borough of Penns Grove, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 450, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Penns Grove," 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 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 Penns Grove 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 Penns Grove" 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 Penns Grove, 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 authorized by the Borough. 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 Borough of Penns Grove 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 $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.
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.
A.
Except as provided in § 1-15, Ordinances saved from repeal, below, 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 Penns Grove which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B.
Repeal of
specific ordinances. The Mayor and Council of the Borough of Penns
Grove have determined that the following ordinances are no longer
in effect and hereby specifically repeal the following legislation:
(1)
Article 2 of Chapter 3 of the 1968 Revised Ordinances (Chapter 79, Article II, of the 1986 Code), Sale to Persons Under Legal Age.
(3)
Article
1 of Chapter 10 of the 1968 Revised Ordinances (Chapter 123 of the
1986 Code), Fire Prevention.
(4)
Ordinance
No. 73-4 (Chapter 165 of the 1986 Code), Parental Responsibility.
(5)
Ordinance
No. 77-7 (Chapter 5 of the 1986 Code), Bills, Payment of.
(6)
Ordinance
adopted March 1, 1978, by Board of Health (Chapter 230 of the 1986
Code), Food and Beverage Vending Machines.
(7)
Ordinance
adopted March 1, 1978, by Board of Health (Chapter 240 of the 1986
Code), Solid Waste.
(8)
Ordinance
No. 81-2 (Chapter 10 of the 1986 Code), Credit Searches.
(9)
Ordinance
No. 85-9 (Chapter 45, Art. III, of the 1986 Code), Deputy Tax Collector.
(10)
Ordinance
No. 88-10 (Chapter 107 of the 1986 Code), Certificates of Registration.
(11)
Ordinance
No. 88-17 (Chapter 53 of the 1986 Code), Recycling Committee.
(12)
Ordinance
No. 93-15 (Chapter 45, Art. VI, of the 1986 Code), Maintenance Supervisor.
(13)
Ordinance
No. 94-20 (Chapter 50, Art. III, of the 1986 Code), Fees for Police
Reports and Other Information.
(14)
Ordinance
No. 94-22 (Chapter 45, Art. VII, of the 1986 Code), Tax Assessor Clerk.
(15)
Ordinance
No. 94-26 (Chapter 45, Art. VIII, of the 1986 Code), Assistant to
General Assistance Director.
(16)
Ordinance
No. 95-17 (Chapter 45, Art. X, of the 1986 Code), Housing and Urban
Development Special Program Coordinator.
(17)
Ordinance
No. 95-18 (Chapter 45, Art. XI, of the 1986 Code), Housing and Urban
Development Special Program Coordinator - Certifying Agent.
(18)
Ordinance
No. 95-20 (Chapter 45, Art. XII, of the 1986 Code), Borough Administrator.
(21)
Ordinance
No. 2005-26, Administrative Enforcement Officer.
(22)
Ordinance
No. 2006-22, Brush, Grass, Trash and Weeds.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 18, 2017.
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 Borough'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 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.
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: Schedule A is on file at the office of the
Borough Clerk.
C.
The following
changes are made throughout the Code: references to the Planning Board
Secretary are amended to "Municipal Land Use Secretary"; "Land Use
Board" is amended to "Planning Board"; and "Construction Official"
is amended to "Construction Code Official."
