[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-2-1976 by Ord. No. 76:6 (Ch. 1, Art. I, of the
1976 Code)]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Berlin of a general and permanent nature, adopted by the Mayor and Council of the Township of Berlin, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 to 130, inclusive, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Berlin," 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 on and after June 2, 1976.
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 Berlin 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 the 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 Berlin" 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 the said Code, as amendments and supplements thereto.
The Clerk of the Township of Berlin, 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 her, to keep up-to-date the certified copy of the book
containing the Code required to be filed in 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.
[Amended 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter
156, Fees.
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 Berlin 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 April 7, 1976.
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 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. Ordinances establishing the amount and manner of payment of salaries
or compensation of officers and employees; establishing workdays and
working hours of certain employees; and providing for holidays and
vacations for employees and keeping of employment records.
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 Mayor and 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, additions, 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.)
[Adopted 7-1-2013 by Ord. No. 2013-8]
The ordinances of the Township of Berlin of a general and permanent nature adopted by the Mayor and Council of the Township of Berlin, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters
1 through
373, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Berlin," hereafter referred to as the "Code."
In compiling and preparing the ordinances and 1976 Code for
publication as the 2013 Code of the Township of Berlin, no changes
in the meaning or intent of such legislation have been made. Certain
grammatical changes and other minor nonsubstantive changes were made
in one or more of said pieces of legislation. Chapters, articles and
sections have been renumbered pursuant to the Derivation Table included
at the end of the Code, including all internal references and cross-references.
It is the intention of the Mayor and Council of the Township of Berlin
that all such changes be adopted as part of the Code as if the ordinances
had been previously formally amended to read as such.
A. The provisions of this Code, insofar as they are substantively the
same as those of ordinances and the 1976 Code in force immediately
prior to the enactment of this Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Mayor and Council of the Township of Berlin, and it is the
intention of said Mayor and Council that each such provision contained
within the Code is hereby reaffirmed as it appears in said Code.
B. For purposes of transition from the 1976 Code to this Code, any reference
to a chapter or section number from the 1976 Code on or in any form,
license, permit, ticket or other Township document shall be deemed
to refer to the corresponding chapter or section in this Code until
such form, license, permit, ticket or other Township document is revised
or reprinted to refer to the numbering in this Code.
This ordinance shall take effect immediately upon passage and
publication according to law.