[HISTORY: Adopted by the Mayor and Council of the Town of Clinton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Part III by Board of Health — See Ch. 148.
[Adopted 3-26-1985 by Ord.
No. 85-4]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Town of Clinton of a general and permanent nature adopted by the Mayor and Council of the Town of Clinton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 142, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Clinton," 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 Town 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 Town of Clinton
by impressing thereon the seal of the town, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the town, 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 Town of Clinton" 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 Town of Clinton, 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 town. 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 Mayor and Council,
which may also arrange, by resolution, for procedures for the periodic supplementation
thereof.
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 Town of
Clinton to be misrepresented thereby. Anyone violating this section or part
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 4, 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 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 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 town'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.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers and employees.
L.
All currently effective ordinances regulating traffic
and parking in the Town of Clinton.
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, 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 sections have been added or amended: §§ 4-1B, 4-8A, B and C(2), (3), (6) and (9), 4-11, 4-12B and C, 4-20E(2), 4-21B and C, 18-6B, 32-3D(1), 32-5, 35-3A, 35-6, 42-3, 45-4, 48-3, 48-4, 52-2, 52-6, 56-3A, 56-3C(1), 64-2E, 64-3F,64-4B, 64-7D(2), 68-1A, 68-2, 68-3, 68-4A, C, D and F, 68-5, 68-6, 68-8, 73-3A and F, 77-1, 77-4, 77-8, 84-3, 84-4, 84-5, 84-6, 84-7, 84-8, 84-9, 84-10, 88-4, 88-56A(7), 94-9, 94-10, 101-4F, 107-6, 112-9A, 115-4, 118-11, 122-9A and C, 122-11A, 112-36, 122-38B, 142-1C, 142-3C. A complete description of each change is on file in the office of the Town Clerk.
A.
Whenever no specific penalty is provided in the Code
of the Town of Clinton or in any other ordinance of the Town 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 $1,250, by
a period of community service not to exceed 90 days or by imprisonment for
a term not exceeding 90 days; 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 limitation
of such state statute shall be applicable.
[Amended 12-14-2004 by Ord. No. 04-13]
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 town, 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 town 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 Town of Clinton and in which no other penalty provision is included.
