[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of Pemberton 8-17-1984 as Ord. No.
14-1984. Amendments noted where applicable.]
[Adopted 8-17-1984 as Ord. No. 14-1984]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Pemberton of a general and permanent nature, adopted by the Township Council of the Township of Pemberton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 190, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Pemberton," 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 Pemberton 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 Pemberton" 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 Pemberton, 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 Council which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
[Amended 11-2-1984 by Ord. No. 26-1984]
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 Pemberton to be misrepresented
thereby. Anyone violating this section of this ordinance shall be
subject, upon conviction, to a fine of not more than $1,000 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 December 16, 1983.
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 Pemberton.
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 Council that
all such changes be adopted as part of the Code as if the ordinances
so changed have 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: Pursuant to § 1-14B, the following Code sections and chapters were added or amended: §§ 14-2, 25-3, 25-4, 41-11, 41-12, 50-2, 64-3, 68-2, 68-3, 68-4B, 68-11, 75-1, 75-3, 75-4, 78-2, 78-5, 78-6, 78-12, 78-16, 86-2, 90-7, 94-3A, 94-4A and B, 94-16D, 94-28, 94-32, 104-15, 107-1, 110-10, 120-11, 123-3, 123-7F, 128-1, 132-4, 138-5, 140-1A, 140-5, 142-6, 142-9, 142-11, 153-3, 153-4B, 153-5A and B, 156-2, 156-5, 156-11, 156-13B, 164-11, 176-6, 180-1, 180-3A, 186-3E, 186-4, 186-8, 186-16, 186-29A and B, 186-32, 186-33, 190-6, 190-34B(5), 190-44B, 190-54A and 190-61C(7)(f). A complete description of these changes is on file at the township offices.
A.
Whenever no specific penalty is provided in the Code
of the Township of Pemberton or in any other ordinance of the township
for the punishment of an act which is prohibited or which is declared
to be unlawful or an offense or for the nonperformance of an act which
is required to be done, the violation of any such provision shall
be punished by a fine not exceeding $1,000 or by imprisonment for
a term not exceeding 90 days, or both; provided, however, that when
the maximum penalty fixed by an applicable state statute is less,
by force of said statute or by judicial construction, than any penalty
fixed in the Code, then the limitations of such state statute shall
be applicable.
[Amended 11-2-1984 by Ord. No. 26-1984]
B.
A separate offense shall be deemed committed on each
day during or on which a violation of the Code or of any other ordinance
of the township, punishable by fine or imprisonment, or both, occurs
or continues.
C.
The imposition of a fine or imprisonment as punishment
for a violation of the Code or of any other ordinances of the township
shall not be deemed to be in lieu of any other provision therein providing
for revocation or suspension of any license or permit issued thereunder.
D.
The provisions of this section shall be applicable
to the violation of any ordinance adopted as an amendment of or addition
to the Code of the Township of Pemberton and in which no other penalty
provision is included.
