Township of Readington, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Readington and the Board of Health of Readington Township of a general and permanent nature adopted by the Township Committee of the Township of Readington and the Board of Health of Readington Township, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 277, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Readington," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

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

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form and disposition lists have 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 Readington 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 said Code is in effect.

§ 1-5 Amendments to Code.

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 Readington" 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.

§ 1-6 Publication; filing.

The Clerk of the Township of Readington, 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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Township Committee. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Readington 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, 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.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repealer.

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.

§ 1-13 Ordinances 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:

Any ordinance adopted subsequent to 10-20-1999.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

All currently effective land development ordinances.

Any ordinance establishing or amending voluntary agricultural districts and boundaries.

All currently effective ordinances establishing or amending permit and other fees for the uniform construction codes.

All currently effective ordinances regulating dogs and other animals.

The swimming pool ordinance adopted 11-20-1972, as amended.

All currently effective ordinances regulating vehicles, traffic and parking in the township.

§ 1-14 Changes in previously adopted ordinances.

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.

In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof 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: In accordance with § 1-14B, the articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 10-4-1999 by Ord. No. 20-99." Schedule A, which contains a complete description of all changes, is on file in the Township Clerk's offices.

Nomenclature changes. The following changes in titles and references are hereby enacted:

(1)

Throughout the Code, references to "Magistrate" are deleted or revised to read "Judge."

(2)

In Chapter 18, Environmental Commission, the title "Conservation Commission" is revised to read "Environmental Commission."

(3)

In Chapter 142, Improvement Standards, the term "Planning Board" is changed to "Planning Board or Zoning Board of Adjustment."

§ 1-15 Board of Health ordinances saved from repeal.

Any ordinance of the Board of Health adopted subsequent to 9-17-1998.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

Any provisions of an ordinance or resolution of the Board of Health creating employments, positions or offices and fixing salaries and duties therefor which are not provided in the Code hereby adopted and which are not in conflict or inconsistent therewith, or any ordinance pertaining to the salaries and compensation of Board of Health officers and employees.

§ 1-16 Changes in previously adopted Board of Health ordinances.

In compiling and preparing the ordinances of the Board of Health 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 Board of Health 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.

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)

Violations and penalties. The following sections have been added or amended to replace the penalty with standard fines of not less than $5 nor more than $500: §§ 248-6; 257-8; and 265-23.

(2)

Chapter 265, Sanitation (Ord. of 12-15-1995). Original Sections 2:4-3 through 2:4-6 are deleted as superseded by Chapter 12 of the New Jersey State Sanitary Code.

(3)

Chapter 268, Sewers and Sewage Disposal, Article III, Individual Subsurface Sewage Disposal (Ord. Nos. 98-1 and 98-2). Section 268-15 is amended to read as follows: "A copy of this article, together with a written statement and supporting data explaining all provisions which differ from the state regulations, is on file with the New Jersey Department of Environmental Protection."

(4)

Chapter 277, Water.

(a)

Article I, Individual and Semipublic Water Supplies (Ord. of 10-19-1971). Section 277-2B(5) is amended to change "60 feet" to "50 feet."

(b)

Article II, Water Emergencies (Ord. of 12-18-1991). Section 277-19 is amended to delete the words "and N.J.S.A. Title 7, Ch. 19A-1.1 et seq."

Nomenclature changes. Throughout the Code, references to "Magistrate" are hereby deleted or revised to read "Judge."

§ 1-17 Gender-neutral language.

In the interpretation of wording in the Code of the Township of Readington, it is the intention of the Board of Health that all words purporting the male gender be interpreted to include the female gender as well, unless the context precludes such interpretation.

Article II Ordinances Adopted During Codification

[During the process of codification, certain complete new ordinances were approved by the Township Committee for inclusion in the Code of the Township of Readington. Such new ordinances are noted in the histories of individual chapters as "Adopted ... during codification; see Ch. 1, General Provisions, Art. II." During the course of routine supplementation, specific amendment dates will be inserted where pertinent in the text of the various chapters. The listing below sets forth each chapter affected by any such legislation adopted during codification. The complete text of such ordinances is on file in the office of the Township Clerk where it may be inspected during regular office hours.]

Chapter/Article	Adoption Date	Legislation
9, Claims, Article II, Payment of Bills and Claims	10-4-1999	Ord. No. 22-99