[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.]
GENERAL REFERENCES
Board of Health general provisions — See Ch. 281.
[Adopted 8-3-1992 as Ord. No. 1992-6]
A.
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.
B.
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.
A.
Terms used in this Code, unless otherwise specifically
defined, have the meanings prescribed by the Revised Statutes of New
Jersey for the same terms.
B.
COMMITTEE
COUNTY
ORDINANCES
PERSON
STATE
TOWNSHIP
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:
A.
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.
B.
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.
C.
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.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township Committee.
E.
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.
F.
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.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.
The levy or imposition of taxes, assessments or charges.
I.
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]
A.
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:
(1)
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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:
A.
The present tense includes the past and future tenses
and the future, the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural,
the singular.
D.
"Shall" is mandatory, and "may" is permissive.
E.
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.
F.
"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.
G.
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.[2]
H.
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]
