[HISTORY: Adopted by the Borough Council of the Shade Tree Commission
of the Borough of Eatontown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-21-2003]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Shade Tree Commission of the Borough of Eatontown of a general and permanent nature, as revised, codified and consolidated into chapters and sections by the General Code Publisher's Corp. and consisting of Chapter 360, are hereby approved, adopted, ordained and enacted as part IV of the "Code of the Borough of Eatontown," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent
ordinances of the Shade Tree Commission enacted prior to the enactment of
this Code, except such ordinances as are expressly saved from repeal or continued
in force and effect hereinafter.
All provisions of this ordinance and the Code shall take effect 30 days
after the date of the first publication.
A copy of the Code in loose-leaf form has been filed in the office of
the Secretary of the Shade Tree Commission 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 as
provided by law, and such certified copy shall remain on file in the office
of the Secretary of the Shade Tree Commission, 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, when passed
and adopted in such form as to indicate the intent of the Shade Tree Commission
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Borough Eatontown" 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.
The Secretary of the Shade Tree Commission, 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 Secretary 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 Secretary, or someone authorized and directed
by the Secretary, to keep up-to-date the certified copy of the book containing
the Code required to be filed in the Secretary's 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.
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 Shade Tree
Commission to be misrepresented thereby. Anyone violating this section of
this ordinance shall be subject, upon conviction, to a fine of not more than
$1,500.
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 section or parts thereof.
All ordinances of a general and permanent nature adopted by the Shade
Tree Commission and in force on the date 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 § 359-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinances of the Shade Tree Commission adopted subsequent
to 3-13-2002.
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 agreement, franchise, license, right, easement or
privilege heretofore granted or conferred.
F.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
G.
Any provisions of an ordinance or resolution of the Shade
Tree Commission creating employments, positions or offices and fixing salaries
and duties therefore which are not provided in the Code hereby adopted and
which are not in conflict or inconsistent therewith, or any ordinance pertaining
to the salaries and compensation of Shade Tree Commission officers and employees.
In compiling and preparing the ordinances of the Shade Tree Commission
for adoption and revision as part of the Code pursuant to U.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 Shade Tree Commission 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.
