[Adopted 12-1-1993 by Ord.
No. 1993-32]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Florence of a general and permanent nature adopted by the Mayor and Council of the Township of Florence, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
140, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Florence," 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.
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
Florence 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 Florence" 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 Florence, 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 Mayor and Council,
which may also arrange, by resolution, for procedures for the periodic supplementation
thereof.
[Amended 4-7-2004 by Ord. No. 2004-3; 2-1-2006
by Ord. No. 2006-2]
A. 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 the Code in any manner whatsoever which will cause the law of
the Township of Florence to be misrepresented thereby.
B. Anyone violating this section or any part of the Code or any
ordinance of the Township of Florence shall be subject, upon conviction, to
one or more of the following: a fine of not more than $2,000, imprisonment
for a term not exceeding 90 days or a period of community service not exceeding
90 days, in the discretion of the Judge imposing the same.
C. Each day on which a violation of an ordinance exists shall be
considered to be a separate and distinct violation and subject to the imposition
of a separate penalty for each day of the violation, as the court may determine.
D. Whenever a fine is to be imposed in an amount greater than $1,250
for violations of housing or zoning codes, the owner shall be provided a thirty-day
period during which the owner shall be afforded the opportunity to cure or
abate the condition and shall be afforded the opportunity for a hearing before
the court 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 the court has determined that the abatement has not been substantially
completed.
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 §
1-13 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 February 19, 1992.
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 dealing with mercantile licenses.
N. Any ordinance dealing with noise.
O. Any ordinance concerning personnel policies.
P. Any ordinance regarding election districts of the Township.