Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Cranbury of a general and permanent nature adopted by the Township Committee of the Township of Cranbury, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 152, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Cranbury," hereinafter known and referred to as the "Code."
This article 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 article 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 article; and, if this article shall be adopted, such copy shall be certified to by the Clerk of the Township of Cranbury 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 same during all times while the 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 Cranbury" 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 Cranbury, 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.
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 Committee, 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 Cranbury to be misrepresented thereby. Anyone violating this section or part of this article 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 article 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 article 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 article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinances adopted subsequent to May 21, 1979.
Any right or liability established, accrued or incurred under any legislative provisions prior to the effective date of this article 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 article 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 article, 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, change 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 borough'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 Cranbury.
All ordinances of the Township providing for the preparation and use of Tax Maps.
All ordinances of the Township regulating and providing for vehicles and traffic.
All ordinances of the Township creating and establishing officers or employees, boards, commissions or other agencies and all ordinances providing for appointments to various positions in the Township.
All ordinances of the Township regulating zoning 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 article. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-14B, the following Code sections and chapters were amended, added or revised: §§ 11-8, 33-5, 33-7, 33-8A, 33-5G, 48-3, 51-1, 51-5, 51-16, 64-2, 64-9, 84-6G, 87-5, 87-6, 87-11, 87-13, 136-4 and 136-12 and Ch. 16. Original Section 3 of Article V of an ordinance adopted 12-20-1976, concerning the continuance of certain ordinances pursuant to the Municipal Land Use Law; original Section 8(b) of an ordinance adopted 4-27-1964, concerning appointed nonresident officers; and original Section 10 of an ordinance adopted 10-24-1966, concerning animals running at large, were deleted. A complete description of these changes is on file in the office of the Township Clerk.
Penalties. In the following sections, the penalty provisions are revised to provide that violators will be punishable, upon conviction, by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the Judge.
[Amended 12-6-2004 by Ord. No. 11-04-29]
Except as hereinafter provided, whenever in this Code or in any other ordinance of the Township or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the Township, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or such other Township ordinance, rule, regulation or order the doing of any act is required or the failure to do an act is decked to be unlawful, where no specific penalty is provided therefor, the violator of any such provision of this Code or any ordinance of the Township or any rule, regulation or order promulgated pursuant to such Code or other Township ordinance shall be punished by a fine not exceeding $1,250, by imprisonment for a period not exceeding 90 days, or shall be required to perform community service for a period not exceeding 90 days or by a combination of such fine, imprisonment and/or community service. In addition, 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, may, in the discretion of the Court, be sentenced by the Court to an additional fine as a repeat offender pursuant to the provisions of N.J.S.A. 40:49-5.
Whenever any provision of state statute limits the authority of the Township to punish the violation of this Code or other Township ordinance, rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter period than that provided in this section, then the violation of such particular provision of this Code or other Township ordinance, rule regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
Each day any violation of this Code or other Township ordinance, rule, regulation or order promulgated pursuant thereto shall continue shall constitute a separate offense, unless otherwise provided.
Whenever any fine is imposed upon any corporation, such fine and any costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.