[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-2004 by Ord. No. 9-2004]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Folsom of a general and permanent nature adopted by the Mayor and Council of the Borough of Folsom, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 200, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Folsom," 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 Borough Clerk/Municipal Administrator 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/Municipal Administrator of the Borough of Folsom by impressing thereon
the Seal of the Borough, as provided by law, and such certified copy shall
remain on file in the office of the Clerk/Municipal Administrator of the Borough,
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 Borough of Folsom" 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/Municipal Administrator of the Borough of Folsom, pursuant
to law, shall cause this Adopting Ordinance to be published, in the manner
required, in a newspaper of general circulation in the Borough. Sufficient
copies of the Code shall be maintained in the office of the Clerk/Municipal
Administrator 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/Municipal Administrator or someone
authorized and directed by the Clerk/Municipal Administrator 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, or any chapter or portion of it, may be purchased
from the Clerk/Municipal Administrator, or an authorized agent of the Clerk/Municipal
Administrator, upon the payment of a fee to be set by the Mayor and Council.
The Clerk/Municipal Administrator may also arrange for procedures for the
periodic supplementation of the Code.
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 Borough of Folsom
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 $1,250, 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 12-11-2003.
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 Borough'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.
N.
Ordinance No. 5-2003, a zoning amendment, which is awaiting
Pinelands Commission approval.
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 Mayor and 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 changes, amendments or revisions as
set forth in Schedule A[1] 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]
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes will be replaced with the following history: "Amended (added, deleted) 5-20-2004 by Ord. No. 9-2004." Schedule A, which contains a complete description of all changes, is on file in Borough offices.
C.
Nomenclature. The following nomenclature changes have
been made throughout the Code:
