[HISTORY: Adopted by the Township Committee
of the Township of Delanco as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-19-1998 by Ord. No. 1-1998]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Delanco of a general and permanent nature adopted by the Township Committee of the Township of Delanco, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 295, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Delanco," 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 including the 1971 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 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 Delanco 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.
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 Delanco" 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 Township of Delanco, 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 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 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 Delanco 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.
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 5-6-1996.
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 Township'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.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
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 as set forth in Schedule A[1] attached hereto and made a part hereof (chapter and section
number references are to the ordinances as they have been renumbered
and appear in the Code).
[1]
Editor's Note: In accordance with § 1-14B, the chapters, articles and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 1-19-1998 by Ord. No. 1-1998." A complete description of all changes is on file in the Township offices.
[Adopted 8-16-1993 by Ord. No. 14-1993
(Sec. 1-14 of the 1971 Code); amended in its entirety 1-19-1998 by Ord. No. 1-1998]
A.
Whenever, in the revision and codification or in any other ordinance of the Township, or in any rule, regulation or order promulgated by any officer or agency of the Township under authority duly vested in him or her or it, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of the revision and codification or of any other ordinance of the Township, or of any rule, regulation or order, as aforesaid, shall be punishable by a fine not exceeding $2,000, which, upon a guilty plea. may be paid through the Violations Bureau of the Municipal Court if permitted by Subsection F below, or by imprisonment in the county jail for a term not exceeding 90 days, or be punishable by both such fine and imprisonment; provided, however, that where the penalty for any particular offense is limited by state statute, then such limitation shall be applicable to the provisions of the revision and codification and other ordinances of the Township, or to any rule, order or regulation, as aforesaid, notwithstanding the provisions of this section.
[Amended 10-15-2001 by Ord. No. 12-2001; 6-5-2006 by Ord. No. 2006-7]
B.
Each day any violation of the revision or codification
or of any other ordinance of the Township, or of any rule, regulation
or order, as aforesaid, shall continue, shall constitute a separate
offense.
C.
Whenever any such fine is imposed upon any corporation,
such fine and costs and charges incident thereto may be collected
in an action of debt or in such other manner as may be provided by
law.
D.
Any person who is convicted of violating an ordinance
within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced by
court to an additional fine as a repeat offender. The additional fine
imposed by the court upon a person for a repeated offense shall not
be less than the minimum or exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
E.
Any person who is convicted of the violation of any
ordinance may, in the discretion of the court by which he or she was
convicted, and in default of the payment of any fine imposed therefor,
be imprisoned in the county jail or place of detention provided by
the municipality, for any term not exceeding 90 days, or be required
to perform community service for a period of not exceeding 90 days.
F.
Any person who pleads guilty to one of the following
offenses is permitted to make payment in the amount stated through
the Violations Bureau of the Municipal Court, without the necessity
of appearing before the Municipal Court while in session:
[Added 10-15-2001 by Ord. No. 12-2001; amended 9-14-2020 by Ord. No. 2020-11]
|
Section of Code
|
Subject
|
Fine
| |
|---|---|---|---|
|
§ 291-2
|
Operation of motor vehicle no private property
|
$44
| |
|
§ 295-32
|
Parking prohibited
|
$50
| |
|
§ 295-20
|
Emergency no parking-snow removal
|
$50
| |
|
§ 287-2
|
Abandoned vehicle
|
$50
| |
|
§ 295-33
|
No parking - 8:00 a.m. - 4:00 p.m. (school days)
|
$50
| |
|
§ 295-35
|
Time limit parking
|
$50
| |
|
False alarms (6 to 10)
|
$50
| ||
|
False alarms (11 to 20)
|
$150
| ||
|
§ 123-11
|
Dog license required
|
$50
| |
|
§ 123-19
|
Cat license required
|
$50
| |
|
§ 123-8B
|
Dogs running at large
|
$50
| |
|
§ 123-8D
|
Dogs - leash required
|
$50
| |
|
§ 218-1B
|
Disturbing the peace
|
$100
| |
|
Urinating in public
|
$75
| ||
|
Littering
|
$50
|
G.
Any person,
upon conviction by a court of competent jurisdiction, for the violation
of an ordinance pertaining to unlawful solid waste disposal shall,
be fined an amount not exceeding $2,500 for each and every offense
to a maximum penalty by a fine not exceeding $10,000.
[Added 6-5-2006 by Ord. No. 2006-7]
H.
Before filing
or imposing a fine greater than $1,250 for a violation of the housing
or zoning codes enacted by the Township as may be amended from time
to time, the Township shall provide a thirty-day period in which the
owner shall be afforded the opportunity to cure or competent jurisdiction
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
[Added 6-5-2006 by Ord. No. 2006-7]
