[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope:
Art. I, 5-31-1978 as Ord. No. 1978-9. Amendments noted where applicable.]
[Adopted 5-31-1978 as Ord.
No. 1978-9]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Stanhope of a general and permanent nature adopted by the Borough Council, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 141, are hereby approved, adopted, ordained and enacted as the Code of the Borough of Stanhope, Parts I and II, which, together with the Board of Health ordinances adopted as the Code of the Borough of Stanhope, Part III, and an Appendix, shall hereinafter be known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent
ordinances enacted by the Borough Council 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 on and after May 31, 1978.
A copy of the Code in loose-leaf form has been filed in the office of
the Borough Clerk and shall remain there for use and examination by the public
until final action is taken on this ordinance, and, upon adoption of this
ordinance, such copy shall be certified to by the Clerk of the Borough of
Stanhope by impressing thereon the seal of the borough, as provided by law,
and such certified copy shall remain on file in the office of the Clerk of
the borough, to be made available to persons desiring to examine the same
during all times while said Code is in effect.
The Clerk of the Borough of Stanhope, 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 borough. 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 the 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.
Any and all additions, amendments or supplements to the Code, when passed
and adopted in such form as to indicate the intent of the Borough Council
to make them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code of the Borough of Stanhope 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.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-13A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone authorized and directed
by him or her, 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 Borough Council,
which may also arrange, by resolution, for procedures for the periodic supplementation
thereof.
[Amended 6-30-1998 by Ord.
No. 1998-8]
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 Borough of Stanhope
to be misrepresented thereby. Anyone violating this section or any part of
this ordinance shall, upon conviction, be punishable by a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. 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 by the Borough Council 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 September 26, 1977
(Ordinance No. 1977-11).
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 grade, changing
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 borough's
indebtedness.
H.
Any ordinance 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 and any ordinance controlling subdivision of land.
K.
Any ordinance creating and regulating the Fire Department.
L.
Any ordinance concerning vehicles and traffic.
M.
Any ordinance regulating zoning in the borough.
N.
Any ordinance creating and regulating the Police Department.
O.
Any ordinance providing for the creation of the Department
of Public Works.
P.
Any ordinance providing for the salaries and compensation
of officers and employees of the borough.
Q.
Ordinance No. 1976-3, adopted April 26, 1976 (Interlocal
Communication Network).
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 Borough 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.
In addition, the following changes, in the form of deletions,
amendments or additions to the original ordinances, 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]
(During the process of codification, certain complete new ordinances were approved by the Mayor and Council for inclusion in the Code of the Borough of Stanhope. Such new ordinances are noted in the histories of individual chapters as "Adopted... during codification; see Ch. 1, General Provisions, Art. II." During the course of normal supplementation, specific dates of adoption will be inserted where pertinent in the text of the various chapters. The enumeration appearing below lists each chapter affected by any such legislation adopted during codification.)
|
Chapter
|
Adoption Date
|
Ord. No.
|
|---|---|---|
|
Ch. 82, Fees
|
5-31-1978
|
1978-8
|
