[HISTORY: Adopted by the Township Committee of the Township of Lumberton: Art. 1, 8-3-1992 as Ord. No. 1992-6; Art. II, 12-17-1973 by Ord. No. 1973-19 as § 1-3 of Ch. 1 of the 1973 Code. Amendments noted where applicable.]
Board of Health general provisions — See Ch. 281.
[Adopted 8-3-1992 as Ord. No. 1992-6]
Pursuant to N.J.S.A. 40:49-4, and its various amendments and supplements, there is hereby adopted by the Township Committee of the Township of Lumberton a revision and codification of the township's ordinances known as the "Code of the Township of Lumberton, County of Burlington and State of New Jersey," of which not fewer than one copy has been made and is now filed in the office of the Clerk/Administrator of the township, and the same is hereby adopted and incorporated as fully as if set out herein, and from the date this ordinance shall take effect, the provisions shall be controlling.
The copy of the revision and codification of the ordinances of the Township of Lumberton above referred to as being filed in the office of the Clerk/Administrator of the township shall remain in said office for the use and examination of the public until final action is taken upon this ordinance and thereafter while the same shall be in effect.
The provisions of this Code, so far as they are the same in substance as those of heretofore existing ordinances, shall be considered continuations of such ordinances and not new enactments.
All provisions of the Code of the Township of Lumberton, County of Burlington and State of New Jersey, shall be in full force and effect on and after the effective date of this ordinance.
Terms used in this Code, unless otherwise specifically defined, have the meanings prescribed by the Revised Statutes of New Jersey for the same terms.
Terms used in this Code have the following meanings:
- The Township Committee of the Township of Lumberton.
- County of Burlington.
- The ordinances of the Township of Lumberton and all amendments and supplements thereto.
- Any natural individual, firm, trust, partnership, association or corporation. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as applied to partnerships or associations the word includes the partners or members thereof, and as applied to corporations includes officers, agents or employees thereof who are responsible for any violations of the section. The singular includes the plural. The masculine gender includes the feminine and neuter genders.
- State of New Jersey.
- The Township of Lumberton, County of Burlington, New Jersey.
Any ordinances in force on the date of the adoption of this Code which are inconsistent with any provisions contained in said Code are hereby repealed as of the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this Article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any right or liability established, accrued or incurred under any legislative provisions of the Township of Lumberton 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 of the Township of Lumberton 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 of the Township of Lumberton.
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Township Committee.
Any ordinance of the Township of Lumberton 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 within the Township of Lumberton.
Any ordinance or resolution of the Township of Lumberton appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Township of Lumberton or other instruments or evidence of the township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Copies of the Code book containing the Code of the Township of Lumberton, County of Burlington, State of New Jersey, may be purchased from the Clerk/Administrator 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.
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.
The captions of the several sections of the Code of the Township of Lumberton, County of Burlington, State of New Jersey, printed in boldface type are intended as mere catch words to indicate the content of the sections and shall not be deemed or taken to be titles of such sections or as any part of such sections, nor shall they be deemed to be such when any of such sections, including the captions, are amended or reenacted, unless expressly so provided in the amendment or reenactment.
[Amended 12-5-2019 by Ord. No. 2019-19]
Any person convicted of violating an ordinance which makes reference to this section, upon conviction, may at the discretion of the Municipal Court be sentenced to the following:
Imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
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 a 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.
Any person convicted of the violation of any ordinance may, in the discretion of the court by which he 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 not exceeding 90 days.
Each day a violation of an ordinance which makes reference to this section exists shall constitute a separate offense.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of this Code or to alter or tamper with the same in any manner whatsoever which will cause the law of the Township of Lumberton, County of Burlington, State of New Jersey, to be misrepresented thereby. Anyone violating this section of this Article shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both, in the discretion of the Municipal Judge.
This ordinance shall take effect upon final passage and publication in accordance with general law.
Any and all additions, amendments or supplements to the Code of the Township of Lumberton, County of Burlington, State of New Jersey, when passed and adopted in such form as to indicate the intention of the Township Committee to be a part thereof shall be deemed to be incorporated into said Code, so that reference to the "Code of the Township of Lumberton, County of Burlington, State of New Jersey," shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Township of Lumberton, County of Burlington, State of New Jersey, 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.
It shall be the duty of the township's Clerk/Administrator, or any other person authorized and directed by the Township Committee, to keep up-to-date the certified copy of the book containing the Code of the Township of Lumberton, County of Burlington, State of New Jersey, required to be filed in the office of the Clerk/Administrator for the public's use. All changes in said Code and all ordinances adopted by the Township Committee during the preparation of this codification, and any revisions, amendments or supplements adopted prior to the effective date of this ordinance, shall, when finally adopted, be included herein by reference until such changes or new ordinances are printed as supplements to this Code, at which time such supplements shall be inserted herein.
Only general ordinances adopted by the Township of Lumberton and the Board of Health of the Township of Lumberton are meant to be included in the revision and codification, and not ordinances covering bond issues, finances, assessments, franchises, annexations and similarly specific ordinances which are limited in scope and application.
[Adopted 12-17-1973 by Ord. No. 1973-19 as § 1-3 of Ch. 1 of the 1973 Code]
For the purposes of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory, and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is a Sunday, a legal holiday or a day on which the offices of the township are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting, and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any reference in this Code to specific sections in the statutes shall be deemed to include any and all amendments and supplements thereto.
[Added 8-3-1992 by Ord. No. 1992-6]