Township of East Brunswick, NJ General Provisions

Pursuant to N.J.R.S. 40:49-4, the ordinances of the Township of East Brunswick of a general and permanent nature adopted by the Council as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 230, are hereby approved, adopted, ordained and enacted as the Code of the Township of East Brunswick, hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Inclusion of ordinance in Code.

This ordinance shall, upon adoption, be included in the Code as Chapter 1, General Provisions, Article I, Adoption of Code.

§ 1-5 Copy of Code of file.

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 East Brunswick 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 the said Code is in effect.

§ 1-6 Publication; filing.

The Clerk of the Township of East Brunswick, 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 the 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.

§ 1-7 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Township Council 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 East Brunswick 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.

§ 1-8 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-14A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.

§ 1-9 Code book to be kept up-to-date.

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 filed by his office effective date of this codification which shall be adopted specifically as part of the Code for the use of the public. All changes in said Code and all ordinances adopted subsequent to the 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.

§ 1-10 Sale of Code book.

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 Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-11 Altering or tampering with Code; penalties for violation.

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 East Brunswick to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Judge imposing the same.

§ 1-12 Severability.

Severability of Code provisions. 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.

Severability of ordinance provision. 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.

§ 1-13 Repeal of ordinances.

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.

§ 1-14 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to Ordinance No. 77-227-B, adopted August 22, 1977.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action of 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 provisions, 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 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.

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.

Any ordinance regulating traffic or parking.

Any ordinance pertaining to the salaries or compensation of township officers and employees.

Any ordinance granting a franchise for a cable antenna television system, specifically Ordinance No. 66-62, adopted August 22, 1962, and all amendments thereto.

Any ordinance or part of an ordinance making any change or revision in the Zoning Map.

Any ordinance establishing personnel policies, including but not limited to that legislation contained in the Revised General Ordinances as Chapter 3, as originally adopted July 14, 1964, and all amendments thereto.

Any ordinance establishing election districts within the township, specifically Ordinance No. 73-168, adopted February 26, 1973, and all amendments thereto.

Any ordinance regulating noise and prohibiting loud and disturbing noises, specifically Ordinance No. 67-94, adopted October 23, 1967, and all amendments thereto.

§ 1-15 Violations and penalties.

[Amended 7-22-85 by Ord. No. 85-682; 5-23-88 by Ord. No. 88-929; 4-24-06 by Ord. No. 06-16]

Unless specifically noted elsewhere within a chapter of the Code, any person, firm or corporation violating any of the provisions contained in any chapter of this Code shall, upon conviction, be punished by one or more of the following: a fine of not to exceed two thousand dollars ($2,000), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by a period of community service not exceeding ninety (90) days, and each violation of any of the provisions contained within this Code and each day the same is violated, shall be deemed and taken to be a separate and distinct offense. If the community service has not been rendered by the defendant in accordance with the sentence of the Court, the defendant may be brought before the Court for an alternative sentence consisting of imprisonment in the county jail or a monetary fine.

If the Township of East Brunswick chooses to impose a fine in an amount greater than $1,250.00 upon an owner for violations of housing or zoning code regulations herein the Township of East Brunswick shall provide a 30-day period in which the owner shall be afforded an opportunity to cure or abate the condition and owner shall be afforded an opportunity for a hearing before the Municipal Court for an independent determination concerning the violation within said 30-day period. Subsequent to the expiration of the 30-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Wherever in the former Revised General Ordinances there was a reference to Section 4.4, which was the general penalty provision for said Revised General Ordinances, said reference has been changed in the Code adopted by this ordinance to refer to Chapter 1, General Provisions, Article I, thus imposing the penalty provided for in Subsection A above for violations, the provisions of Section 4.4 of the former Revised General Ordinance and Subsection A above being substantively the same.

Statute of limitation. No person shall be prosecuted, tried or punished for violation of any traffic or parking ordinance of the Township of East Brunswick unless the complaint therefor shall be filed within thirty (30) days from the commission or discovery of the offense. No person shall be prosecuted, tried or punished for violation of any ordinance of the Township of East Brunswick, other than traffic or parking, unless the complaint therefor shall be filed within one (1) year from the commission or discovery of the offense. The failure to enforce a violation of the Zoning Ordinance[1] shall in no instance constitute evidence of a permitted nonconforming use.

[Added 6-26-78 by Ord. No. 78-35]

[1]

Editor's Note: See Ch. 228, Zoning.

Liability for Conduct of Another by Aiding and Abetting Violation of Ordinances. In accordance with N.J.S. 2C:2-6, a person shall be deemed to be guilty of an offense if it is committed by the conduct of another person for which he is legally accountable. A person is legally accountable for the conduct of another person when:

(1)

Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;

(2)

He is an accomplice of such other person in the commission of an offense or

(3)

He is engaged in a conspiracy with such other person.

A person is an accomplice of another person in the commission of an offense if:

(1)		With the purpose of promoting or facilitating the commission of the offense; he
	(a)	Solicits such other person to commit it;
	(b)	Aids or agrees or attempts to aid such other person in planning or committing it; or
	(c)	Having a legal duty to prevent the commission of the offense, fails to make proper efforts so to do. [Added 11-26-79 by Ord. No. 79-200]

§ 1-16 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.R.S. 40:49-4, certain grammatical changes and other minor changes were made in one (1) or more of said ordinances. It is the intention of the 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.

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.

Editor's Note: Pursuant to § 1-6B, the following Code sections were amended or added. A complete description of these revisions is on file in the office of the Township Clerk, §§ 3-49B; 3-54B; 3-56D; 3-56G; 3-57D; 3-95; 3-113C; 42-9A; 45-10A; 49-8: 72-24; 83-31; 88-1; 93-5; 101-1; 101-12A; 124-2; 124-4; 124-6A; 124-6B; 124-7B; 130-25A; 142-4; Ch. 150, Art. I; 158-12; 212-8; Ch. 223, Art. II; 228-217.