[Adopted by Township Committee (now Township Council) 2-6-1973]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Pohatcong, of a general and permanent nature, adopted by the Township Committee of the Township of Pohatcong, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 90, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Pohatcong," 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 February 15, 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 the use and examination of 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 Committee
of the Township of Pohatcong 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 Pohatcong" 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 Pohatcong, 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 Township 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
Township Clerk upon the payment of a fee to be set by resolution of the Township
Committee, 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 Township
of Pohatcong 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 June 6, 1972.
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 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 governing building construction.
N.
An ordinance of March 4, 1969, on peace and good order,
as amended.
O.
The Subdivision Ordinance of November 5, 1964, as amended.
P.
Any ordinances relating to vehicles and 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 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)
In accordance with the revision of the statutory provisions
concerning local municipal courts, the terms "Magistrate" or "Municipal Magistrate"
or other similar title is changed to "Judge" or "Judge of the Municipal Court"
wherever they may appear in the Code of the Township of Pohatcong.
(2)
The following sections have been amended or added to
provide for penalties of a maximum fine of $500 or maximum imprisonment of
90 days, or both:
(a)
Chapter 27, Campgrounds, § 27-9.
(c)
Chapter 41, Fire Prevention, § 41-8.
(e)
Chapter 47, Junkyards and Junk Dealers, § 47-18.
(f)
Chapter 49, Littering, § 49-13.
(i)
Chapter 81, Trailers and Trailer Camps, § 81-14.
(j)
Chapter 83, Vehicles, Abandoned, § 83-8.
(k)
Chapter 85, Vehicles, Motor-Driven, § 85-5.
(3)
In Chapter 2, Administration of Government:
(a)
Article XI, Police Department, § 2-41, Qualifications
of Police Chief, is amended to delete the requirements: "must have at least
two years' experience as a detective ... and at least two years'
experience in photography."
(4)
In Chapter 12, Alcoholic Beverages:
(a)
Section 12-1, Purpose, has been added to provide the
purpose of the chapter ("regulating the sale of alcoholic beverages") and
give the statutory authority.
(b)
Section 12-2, Licensing; authority for administration,
has been added to designate the Township Committee as the administrative authority
for the issuance of licenses.
(c)
Section 12-3, Number of Licenses, Subsection C has been
added as follows:
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"C. There shall be no more than two club licenses issued in the Township
of Pohatcong."
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(d)
Section 12-4, Fees, Subsection D has been added as follows:
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"D. The fee for club licenses shall be $50 per year."
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(e)
Section 12-6, Violations and penalties, has been added
to provide maximum penalties of $500 or imprisonment of 90 days, or both,
and provide for the suspension or revocation of licenses for violations of
the chapter or any provision of statute or rules and regulations prescribed
by the Commissioner of Alcoholic Beverage Control.
(5)
In Chapter 22, Brush, Grass and Weeds, § 22-5,
Violations and penalties, has been added to provide maximum penalties for
violation of $500 or imprisonment for 90 days, or both, in addition to any
other charges imposed under the provisions of the chapter.
(6)
In Chapter 32, Dogs:
(a)
Section 32-4, License fee and expiration; Seeing Eye
dogs excepted, is amended to increase the license and registration tag fee
to $4.
(b)
Section 32-7, Disposition of license fees, is amended
to provide that the township retain $3.50 of the fee and that the remaining
$0.50 be forwarded to the State of New Jersey Department of Health.
(c)
Section 32-10, Impounding and destruction of strays;
notice to owners, Subsection D is amended to delete the phrase "not exceeding
$0.50 per day" in reference to payment of expenses for the keeping of an impounded
dog.
(d)
Section 32-15, Dogs in public places to be leashed, is
amended to require "an adequate leash not more than six feet long."
(7)
In Chapter 47, Junkyards and Junk Dealers:
(8)
In Chapter 49, Littering:
(a)
Section 49-1, Definitions, is added to define the terms
"garbage," "litter," "person," "private premises," "public place," "public
structure or building," "refuse," "rubbish," "township" and "vehicle."
(b)
Section 49-3, Use of receptacles to prevent scattering,
is added to require the proper use of receptacles in preventing litter from
being deposited upon streets, sidewalks or other public places.
(c)
Section 49-4, Sweeping of sidewalks, is added to prohibit
the sweeping of litter into the street, gutter or other public place, and
to require that sidewalks be kept free of litter.
(d)
Section 49-6, Truckloads and tires not to deposit litter,
is added to prohibit littering from improperly loaded vehicles or the wheels
or tires of vehicles.
(e)
Section 49-7, Littering in bodies of water, is added
to prohibit the deposit of litter in any body of water in the township.
(10)
In Chapter 73, Streets and Sidewalks, Article I, Acceptance Specifications, § 73-6, Permit required, is added to require a permit before any work is begun and impose a fee of $2.
(11)
In Chapter 83, Vehicles, Abandoned, § 83-1,
Abandoned vehicles prohibited; exceptions, is amended to provide that such
vehicles shall be prohibited when kept "in such a way that said motor vehicle
may be visible from any public right-of-way."
(12)
In Chapter 89, Zoning:
(b)
Article VII, Residential (R-B) Zone, § 89-38, Permitted uses, Subsection B is amended, and § 89-39, Building heights, is added; Article VIII, Residential (R-C) Zone, § 89-46, Permitted uses, Subsection C is amended, and § 89-47, Building heights, is added to provide parallel construction and terms consistent with §§ 89-29 and 89-30.
(c)
