[HISTORY: Adopted by the City Council of the City of Salem: Art.
I, 10-16-1995 as Ord. No. 95-15. Amendments
noted where applicable.]
[Adopted 10-16-1995 as Ord. No. 95-15]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Salem of a general and permanent nature adopted by the City Council of the City of Salem, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
230, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of Salem," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all general and permanent
ordinances enacted prior to the enactment of this Code, including the prior
1975 Code, except such ordinances as are hereinafter expressly saved from
repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication
according to law.
A copy of the Code in loose-leaf form has been filed in the office of
the City 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 City of Salem
by impressing thereon the Seal of the city, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the city, 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 City of Salem" 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 City of Salem, 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 city. 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 his or 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.
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 City 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 City of Salem
to be misrepresented thereby. Anyone violating this section or any part of
this ordinance shall be subject, upon conviction, to one or more of the following:
a fine of not more than $1,000, or imprisonment for not more than 90 days
or a period of community service not exceeding 90 days, 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 saved from repeal.
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 May 1, 1995.
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 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 city's
indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
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. Any ordinance adopting or amending the Zoning Map.
M. Ordinance No. 89-12, approving a drug-free school zone
map.
N. Ordinance No. 90-3, authorizing a special plenary retail
liquor license, and Ordinance No. 91-20, amending issuance of a plenary retail
consumption license.
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 City 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) Nomenclature.
(a) References to the "Mayor and Council" or "Mayor and Common
Council" or to "Common Council" are amended to refer to the "Council."
(b) References to the "Zoning Officer" are amended to refer
to the "Zoning Administrative Officer."
(c) References to "municipality" and "municipal" are amended
to refer to "city."
(d) References to the "New Jersey Department of Environmental
Protection" are amended to refer to "New Jersey Department of Environmental
Protection and Energy."
(e) References to "City Recorder" are amended to refer to
"City Clerk."
(f) References to "City Solicitor" are amended to refer to
"City Attorney."