[HISTORY Adopted by the Township Council
of the Township of Byram as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-19-1990 by Ord. No. 14-1990]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Byram of a general and permanent nature adopted by the Township Council of the Township of Byram, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 240, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Byram," 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 Byram 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 Byram" 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 Byram, 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 his 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 book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Township Council, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
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 Byram to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to the penalties provided in § 1-15 hereof.
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 March 5, 1990.
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 or obligation.
I.
The levy or imposition of taxes, assessments or charges.
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 regulating vehicles and traffic in the
Township of Byram.
M.
Any ordinance amending the Zoning Map of the Township
of Byram.
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 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.
Except where specifically provided otherwise in Subsection C below, the words "Township Committee" are changed to "Township Council" throughout the Code.
C.
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 this
Code):[1]
[1]
Editor's Note: Pursuant to § 1-14C, the following sections, articles and chapters were added or amended at time of adoption of Code: §§ 3-4I and J, 3-18, 3-22, 3-23, 3-42, 3-45, 3-48, 3-49, 3-50, 3-52, 7-2, 7-3, 7-4, 19-1, 19-3, 27-7C, 32-1, 34-1A, 45-1A and D, 45-2, 45-9I, 45-13, 45-21A, 45-26D, 45-28, 45-31A, 45-34, 73-2, 73-6D, 82-1, 82-3, 82-5, 82-7, 82-8A, 82-11, 85-2, 85-3C, J, K and L, 85-4A(1), 85-5B, 85-6, 85-8, 87-7, 87-8D, 87-9B, 87-12A(6) and (7), 87-12D(2), 87-21, 87-23, 96-1A, 96-2, 96-4, 99-2, 99-3, 99-4, 99-9, 104-1, 104-2, 112-1A, 112-3A, 125-1, 125-2C, 125-5, 131-1, 131-2, 131-3A, 133-6E and F, 136-8, 148-2, 148-10, 148-11F, 148-12, 150-2A, 153-3, 160-8, 164-2A, 164-13, 164-14B, 164-24, 176-6, 182-3, 182-4A(17) and (18), 182-4B(2) and (7), 182-6, 182-7, 182-8, 195-1, 195-2, 195-4, 195-6, 208-3, 208-12, 213-2, 213-5, 213-9C, 213-12, 213-13B, 240-19, 240-20, 240-23A and 240-46; Ch. 3, Arts. VIII and XI. Ch. 48, Ch. 87, Art. III, Ch. 104, Art. II, Ch. 156 and Ch. 171.
In addition, original Sec. 2-18, Transitional
Provisions, of an ordinance adopted 9-16-1985 was deleted.
A complete description of each change is on
file in the office of the Township Clerk.
A.
Maximum penalty. For a violation of any provision
of this Code or any other ordinance of the Township where no specific
penalty is provided, unless otherwise provided by law, any person,
firm, association, partnership or corporation so violating shall,
upon conviction, be subject to one or more of the following: a fine
not exceeding $1,000, imprisonment in the county jail for a term not
exceeding 90 days, or a period of community service not exceeding
90 days, all of the aforesaid, however, being in the discretion of
the Judge or other officer having jurisdiction.
B.
Minimum fine. The Judge or other officer having jurisdiction
shall impose a mandatory minimum fine in the amount of $25 for the
violation of any ordinance for which there is no specific penalty.
A minimum fine of $50 shall be imposed for the second violation of
the same ordinance. A minimum fine in the amount of $100 shall be
imposed for any third or subsequent violation of the same ordinance.
C.
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.
D.
Repeat violation. Pursuant to N.J.S.A. 40:69A-29,
any person who is convicted of violating any provision of the Code
or any ordinance of the Township within one year of the date of a
previous violation of the same Code provision or ordinance and who
was fined for the previous violation shall be sentenced by the court
to any additional fine as a repeat offender, which fine shall be calculated
separately from the fine imposed for the violation and in accordance
with N.J.S.A. 40:69A-29.
E.
In addition to the fines and penalties authorized
herein, any person who violates any provision of this Byram Township
Code shall reimburse the Township of Byram for all costs of investigation,
inspection and prosecution arising from violation of this chapter,
including costs of litigation and reasonable attorney's fees. All
costs and fees awarded pursuant to this section to the Township of
Byram shall constitute an assessment and lien against the subject
property and shall accrue interest as provided by law.
[Added 2-7-2000 by Ord. No. 1-2000]
