[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Code by Board of Health — See Ch. 188.
[Adopted 5-5-1986 by Ord. No. 519]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Rochelle Park of a general and permanent nature, adopted by the Township Committee of the Township of Rochelle Park, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 185, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Rochelle Park," 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.
All provisions of this ordinance and the Code
shall be in full force and effect in accordance with the applicable
provisions of 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 Rochelle Park 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 Rochelle Park" 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 Rochelle Park,
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 Clerk'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.
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 Rochelle Park to be misrepresented
thereby. Anyone violating this section of this ordinance 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 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 May 20, 1985.
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 provisions,
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.
Any ordinance creating positions of employment with
the Township and/or establishing the amount and manner of payment
of salaries or compensation of officers and employees and providing
for employee vacations and leaves.
L.
Any ordinance regulating traffic or parking in the
Township.
M.
Any ordinance amending the Zoning Map of the Township
of Rochelle Park.
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 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.
B.
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).[1]
[1]
Editor's Note: See Ord. No. 519 on file in
the Clerk's office for an enumeration of the changes, amendments and
revisions.
[Adopted 10-21-2009 by Ord. No. 1013-09]
[Amended 3-21-2012 by Ord. No. 1048-12]
For violation of any of the provisions of this chapter, any
other chapter of this Code or any other ordinances of the Township
of Rochelle Park, where no specific penalties are otherwise provided
regarding the section violated, the maximum penalty, upon conviction,
shall be a fine not to exceed $2,000 or imprisonment for a term not
exceeding 90 days or by a period of community service not exceeding
90 days.
Notwithstanding the increase in maximum penalty as set forth in § 1-15 above, for violations of Housing or Zoning Codes, a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition shall be provided, and the owner shall also be provided an opportunity for a hearing before the court concerning the violation. This thirty-day period to cure or abate the violation shall be provided prior to the imposition of a fine which exceeds $1,250. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Except as otherwise provided, each and every day in which a
violation of any provision of the Code of the Township of Rochelle
Park or any other ordinance of the Township exists shall constitute
a separate violation.
The maximum penalty stated in this section is not intended to
state or mandate an appropriate penalty for each and every violation.
The exact penalty to be imposed shall be established within the sound
discretion of the Court or other municipal agency.
