[Adopted 11-27-1973 by Ord. No. 1378]
Pursuant to N.J.S.A. 40:49-4, the ordinances
of the Township of Dover,[1] of a general and permanent nature, adopted by the Township Committee of the Township of Dover, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 146, excluding those chapters adopted by the Board of Health, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Toms River,” hereinafter known and referred to as the "Code."
[1]
Editor's Note: At a referendum held at the 11-7-2006 election,
voters approved changing the name of this municipality from the Township
of Dover to the Township of Toms River. The name change became effective
11-14-2006. References throughout this Code to the Township of Dover
have been changed to the Township of Toms River, as appropriate.
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 December 31, 1973.
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 Township Clerk of the Township of Toms River
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 Toms River" or "Code" 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 Toms River, pursuant
to law, shall cause a copy of this adopting ordinance to be published
in the manner required. 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.
It shall be the duty of the Clerk, or someone
authorized and directed by him, 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 Township Council, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
Nothing contained herein shall obligate or require the Township to
make copies of the Code book available for sale to the public.
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 Toms River 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 section or part 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 section or part 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 February 27, 1973.
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.
L.
Any ordinance making any change or revision in the
Zoning Map.
M.
Any ordinance regulating traffic or 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 Township Committee
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 amendments are made to
various ordinances, such amendments to become effective upon the effective
date of this ordinance:
(1)
Ordinance No. 1321 adopted March 13, 1973.
(a)
Section 1 of Ordinance No. 1321 shall be amended
to read as follows:
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"1. Article XVIII, Section 18.03H; Article XXI, Section 21.03; Article XXII, Section 22.03; Article XXIIA, Section 22A.03B; Article XXIII, Section 23.03F; and Article XXIV, Section 24.03C, of the ordinance hereinabove entitled are amended and supplemented under the listing of `Special Uses' by the insertion in or addition to each of said sections of the following:
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Trailers, excluding boat and construction trailers,
used for storage (but not including loading or unloading operations)
or sale of goods or merchandise or in which commercial or professional
services are rendered for a period not exceeding two months. No more
than one extension for reasons of hardship may be granted, except
that applications for 30 days or less may be made directly to the
Township Committee without payment of fees and without a showing of
hardship where the granting of such application would not be detrimental
to the interests of the public or in conflict with the Master Plan."
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(b)
The remaining sections of Ordinance No. 1321
shall remain in full force and effect.
[Added 1-24-1978 by Ord. No. 1713]
Unless any provision of this Code or state statute
provides for a different penalty, violations of the provisions of
this Code, where a penalty is set forth but not specified as to nature
or amount, shall be punishable by a fine of not more than $500 or
by imprisonment for not more than 90 days, or both, in the discretion
of the Judge imposing same.
