[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover: Art. I, 5-28-1996 as Ord. No. 19-1996. Amendments noted where applicable.]
GENERAL REFERENCES
General provisions, Board of Health — See Ch. 393.
[Adopted 5-28-1996 as Ord. No. 19-1996]
Be it ordained and enacted by the Board of Aldermen
of the Town of Dover, County of Morris, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Town of Dover of a general and permanent nature adopted by the Board of Aldermen of the Town of Dover, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 383, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Dover," 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 Town 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 Town of Dover by impressing thereon
the Seal of the town, as provided by law, and such certified copy
shall remain on file in the office of the Clerk of the town, 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 Town of Dover" 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 Town of Dover, 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
town. 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 or
her 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 Board of Aldermen, 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 Town of Dover to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one or more of the following:
a fine of not more than $1,000, imprisonment for not more than 90
days or a period of community service not exceeding 90 days, 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 December 12, 1995.
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 town's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
N.
All legislation related to vehicles, traffic and parking.
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 Board of Aldermen 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: In accordance with § 1-14B, the chapters, Articles or sections which were added, amended, adopted or deleted by this ordinance are indicated throughout this Code by a footnote referring to "Ch. 1, General Provisions, Art. I." During routine supplementation, footnotes indicating amendments or additions will be replaced with "Amended (or Added, as appropriate) 5-28-1996 by Ord. No. 19-1996." A complete description of the changes made by § 1-14B of Ord. No. 19-1996 are on file in the Town Clerk's office.
[Added 12-16-2014 by Ord.
No. 23-2014]
Violations and penalties; collection:
A.
Except as otherwise provided, the violation of any provision of the
Code of the Town of Dover, New Jersey shall be punishable by imprisonment
in the county jail or in any place provided by the Town for the detention
of prisoners, for any term not exceeding 90 days; or by a fine not
less than $100 nor more than $2,000; or by a period of community service
not exceeding 90 days; or by any combination of fine, imprisonment
and community service. Each day or part thereof any violation of the
Code of the Town of Dover, New Jersey shall continue shall constitute
a separate offense.
B.
Any person who is convicted of violating an ordinance within one
year of the date of previous violation of the same ordinance and who
was fined for the previous violation, shall be sentenced by the court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
C.
Any person convicted of the violation of any ordinance may, in the
discretion of the court by which he or she was convicted, and in default
of the payment of any fine imposed therefor, be imprisoned in the
county jail or place of detention provided by the municipality, for
any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
D.
Whenever any such fine is imposed, such fine and costs and charges
incident thereto may be collected in an action of debt or in such
other manner as may be provided by law.
