Borough of Rutherford, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Borough of Rutherford Council as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 3-21-1967 by Ord. No. 1971]

§ 1-1 Title and adoption.

The ordinances of the Borough of Rutherford, in the County of Bergen, New Jersey, of a general and permanent nature, as codified, are ordained as general ordinances and are adopted as the "Code of the Borough of Rutherford, New Jersey," hereinafter referred to as the "Code."

§ 1-2 When effective.

All the provisions of the Code shall be in force and effect on and after the effective date of this ordinance.

§ 1-3 Repealing clause.

All ordinances of a general and permanent nature adopted by the Council and in force on the 21st day of March 1967 and not contained in the Code are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in § 1-4.

§ 1-4 Exceptions to repeal.

The repeal provided for in § 1-3 of this ordinance shall not affect:

A. Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance.

B. Any ordinance or resolution promising or guaranteeing the payment of money by or for the borough or authorizing the issuing of bonds of the borough or evidence of the borough's indebtedness or any contract or obligation assumed by the borough.

C. The administrative ordinances or resolutions of the borough not in conflict or inconsistent with the provisions of the Code.

D. Any right of franchise conferred by the borough.

E. The annual budget appropriation ordinances or resolutions.

F. Any ordinance or resolution of the borough fixing the compensation or salaries of the members of the Mayor and Council, or of the borough officials and employees, or the pay or compensation of positions and clerical employments in the borough not provided for in this Code.

G. Any ordinance of the borough creating employments, positions or offices and fixing duties therefor not provided for in this Code.

H. Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance.

I. Any ordinance of the borough providing for laying out, opening, altering, widening, relocating, straightening, acceptance or vacation of any street, road or highway within the borough.

J. Any right, right-of-way or easement acquired or established in any road return.

K. Any ordinance of the borough adopted upon final passage after the seventh day of March 1967.

§ 1-5 Additions and amendments to Code.

Any and all additions or amendments to said Code, when passed in such form as to indicate the intention of the Borough Council to make the same a part thereof, shall be deemed to be incorporated in said Code so that reference to the Code of the Borough of Rutherford shall be understood and intended to include such additions and amendments.

§ 1-6 Filing with Clerk; supplementation.

A certified copy of said Code shall be kept on file in the office of the Borough Clerk. It shall be the duty of the Borough Clerk, or someone designated by the Clerk, to insert in the designated places all amendments or ordinances which indicate the intention of the Borough Council to make the same a part of said Code when the same have been printed or reprinted in page form, and to extract from said Code all provisions which may be from time to time repealed by the Borough Council. This copy of said Code shall be available for all persons desiring to examine the same and shall be considered the official Code of the Borough of Rutherford.

§ 1-7 Unauthorized insertion or deletion of pages prohibited.

It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions any part or portion of said Code, or to insert or delete pages or portions thereof, or to alter or tamper with said Code in any manner whatsoever which will cause the law of the Borough of Rutherford to be misrepresented thereby.

§ 1-8 Repeal of inconsistent ordinances.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

§ 1-9 Severability.

Each section of said Code and every part of each section is an independent section or part of a section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause does not affect the validity or constitutionality of any other section or part thereof.

§ 1-10 When effective.

This ordinance shall take effect immediately after final passage and publication according to law.

Article II Adoption of Chapter 126, Vehicles and Traffic

[Adopted 12-5-1978 by Ord. No. 2243-78]

§ 1-11 Inclusion of vehicles and traffic legislation.

Chapter 126 of the Code, entitled "Vehicles and Traffic," as adopted by Ordinance No. 2140-74 and as subsequently amended, supplemented and revised by Ordinance Nos. 2147-74, 2156-74, 2165-75, 2166-75, 2179-75, 2182-75, 2196-76, 2199-76, 2200-76, 2218-77 and 2227-78, all as printed in the Code of the Borough of Rutherford as of October 25, 1978, as Chapter 126, is hereby adopted and deemed to be the Vehicles and Traffic Ordinance of the Borough of Rutherford. Any vehicle and traffic legislation not included therein is hereby deemed repealed.