[HISTORY: Adopted by Mayor and Council of Borough of Wenonah, 3-14-1968]
An ordinance adopting a revision and codification of the ordinances
of the Borough of Wenonah, in the County of Gloucester and State of
New Jersey, providing for the repeal of certain ordinances not included
therein and the saving from repeal of certain other ordinances not
included therein.
Preamble
Whereas, the Mayor and Council of the Borough of Wenonah, in
the County of Gloucester and State of New Jersey, has heretofore determined
that it is in the public interest to undertake the codification and
revision of the general ordinances of the Borough of Wenonah; and
Whereas, pursuant to said determination, it has caused its ordinances
of a general and permanent nature to be compiled and revised and the
same embodied in a revision and codification known as the "The Code
of the Borough of Wenonah, County of Gloucester, State of New Jersey,"
and
Whereas, pursuant to N.J.S.A. 40:49-4, the governing bodies
of municipalities may provide for the revision and codification of
its ordinances, and
Whereas, the enactment of this ordinance, providing for the
codification of the ordinances of a general and permanent nature,
will promote the general welfare of the Borough of Wenonah and its
citizens;
Be it ordained by the Mayor and Council of the Borough of Wenonah,
in the County of Gloucester and State of New Jersey, that:
Pursuant to N.J.S.A. 40-49-4, the ordinances of the Borough of Wenonah of a general and permanent nature, adopted by the Mayor and Council of the Borough of Wenonah, the Shade Tree Commission of the Borough of Wenonah and the Board of Health of the Borough of Wenonah, as revised, codified, and consolidated into titles, chapters and sections by General Code Publishers Corporation and consisting of Chapters
1 through 73, together with an Appendix, are hereby approved, adopted, ordained and enacted as "The Code of the Borough of Wenonah, County of Gloucester, State of New Jersey."
This ordinance shall supersede all other general and permanent
ordinances passed by the Mayor and Council of the Borough of Wenonah
prior to the enactment of this Code, except such ordinances as are
expressly saved from repeal or continued in force and effect as shall
hereafter be set forth by reference.
All provisions of the Code of the Borough of Wenonah shall be
in full force and effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature, adopted by
the Mayor and Council of the Borough of Wenonah and in force on the
date of the adoption of this ordinance and not contained in the Code
of the Borough of Wenonah, County of Gloucester, State of New Jersey
or which are inconsistent with any provisions contained in such 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 this ordinance shall not affect the following ordinances, rights
and obligations, which are hereby expressly saved from repeal.
A. Any
right or liability established, accrued or incurred under any legislative
provision of the Borough of Wenonah prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Borough
of Wenonah or any penalty, punishment or forfeiture which may result
therefrom.
C. 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 of the Borough of Wenonah.
D. Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Mayor and Council.
E. Any
ordinance of the Borough of Wenonah 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 within
the Borough of Wenonah, or any portion thereof.
F. Any
ordinance or resolution of the Borough of Wenonah appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Borough
of Wenonah or other instruments or evidence of the Borough's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
H. The
levy or imposition of taxes, assessments or charges.
I. The
dedication of property or approval or preliminary or final subdivision
plats.
J. Any
ordinance of the Mayor and Council adopted on final passage after
the eleventh day of January, 1968.
In compiling and preparing the ordinances of the Borough of
Wenonah for adoption and revision as part of the Code of the Borough
of Wenonah, County of Gloucester, State of New Jersey 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 of the Borough of Wenonah that all such changes
be adopted as part of the Code of the Borough of Wenonah, County of
Gloucester, State of New Jersey as if the ordinances so changed had
been previously formally amended to read as such.
A copy of the Code of the Borough of Wenonah, County of Gloucester,
State of New Jersey in loose-leaf form, has been filed in the office
of the Borough Clerk of the Borough of Wenonah and shall remain there
for the use and examination of 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 Wenonah by impressing
thereon the seal of the Borough of Wenonah, as provided by law, and
such certified copy shall remain on file in the office of the Borough
Clerk of the Borough of Wenonah 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
of the Borough of Wenonah, County of Gloucester, State of New Jersey,
when passed and adopted in such form as to indicate the intention
of the Mayor and Council to be a part thereof, shall be deemed to
be incorporated into such Code, so that reference to "The Code of
the Borough of Wenonah, County of Gloucester, State of New Jersey"
shall be understood and intended to include such additions and amendments.
Whenever such additions, amendments or supplements to the Code of
the Borough of Wenonah, County of Gloucester, State of New Jersey,
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.
It shall be the duty of the Borough Clerk or someone authorized
and directed by the Borough Clerk to keep up-to-date the certified
copy of the book containing the Code of the Borough of Wenonah, required
to be filed in the office of the Borough Clerk for the use of the
public. All changes in said Code and all ordinances adopted by the
Mayor and Council subsequent to the eleventh day of January 1968,
which the Mayor and Council shall adopt specifically as a 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 of the Borough of
Wenonah, County of Gloucester, State of New Jersey, may be purchased
from the Clerk of the Borough of Wenonah, upon the payment of a fee
to be set by resolution of the Mayor and Council, who may also arrange,
by resolution, for procedures for the periodic supplementation thereof.
The Clerk of the Borough of Wenonah, 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 of
Wenonah. Sufficient copies of the Code of the Borough of Wenonah,
County of Gloucester, State of New Jersey shall be maintained in the
office of the Borough Clerk for inspection by the public at all times
during regular office hours. The enactment and application 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.
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 section 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 part thereof.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion thereof, or to alter
or tamper with such Code in any manner whatsoever, which will cause
the law of the Borough of Wenonah to be misrepresented thereby. Anyone
violating this section of this ordinance shall be subject, upon conviction,
to a fine of not more than $200 or imprisonment for not more than
90 days, or both in the discretion of the Court imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.