[HISTORY: Adopted by the Township Council
of the Township of Evesham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-1977 by Ord. No. 40-11-77]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Evesham of a general and permanent nature adopted by the Council and its predecessor body, the Township Committee, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 165, are hereby approved, adopted, ordained and enacted as the Code of the Township of Evesham, hereinafter known and referred to as the "Code," with the execution of three minor revisions and changes which are more fully set forth in § 1-16.
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 Evesham 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 the said Code is in effect.
The Clerk of the Township of Evesham, 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.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the Township Council 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 Evesham" 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
looseleaf book containing said Code, as amendments and supplements
thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-14A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code, with the exception of those changes, revisions and amendments referred to in § 1-16, and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone
authorized and directed by him, to keep up-to-date the certified copy
of the book containing the Code required to be filed in his 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 Council, 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 Evesham to be misrepresented thereby. Anyone violating this section or part of this ordinance shall, upon conviction, be punishable as provided in § 1-15 of this ordinance.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. 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 15, 1977,
with the exception of Ordinance No. 33-9-77, which provides for a
general penalty clause to be effective prior to the adoption of the
Code of Evesham Township and is hereby expressly repealed.
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 grade,
changing 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 or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
Any ordinance regulating traffic or parking.
L.
Any ordinances pertaining to the salaries or compensation
of Township officers and employees.
A.
Unless a specific penalty is provided elsewhere in
this Code, or in other ordinances of the Township Council for a particular
violation, any person, firm or corporation who shall violate any provision
of the Code or any provision of any code or other regulation adopted
by reference therein or any order promulgated under such provisions,
code or regulation, by doing any act prohibited or declared to be
unlawful or a violation thereby, or who shall engage in or exercise
any business or occupation or do anything for which a license or permit
is required thereby without having a valid license or permit therefor
as required, or who shall fail to do any act required by any such
provisions, or when such provision declares such failure to be unlawful
or to be a violation, shall, upon conviction thereof, be punishable
by a fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment, in the discretion
of the Judge.
[Amended 8-4-1992 by Ord. No. 17-8-92; 4-23-2002 by Ord. No. 10-4-2002; 2-21-2006 by Ord. No.
12-2-2006]
B.
The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
C.
Any person, upon conviction of any ordinance of the
Township of Evesham pertaining to unlawful solid waste disposal, shall
be imposed at least a minimum penalty of a fine no less than $2,500
and no more than $10,000.
[Added 2-21-2006 by Ord. No. 12-2-2006]
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
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.
[Added 2-21-2006 by Ord. No. 12-2-2006]
E.
Any person imposed with a fine greater than $1,250
for a violation of housing or zoning codes shall be provided a thirty-day
period in which the owner shall be afforded the opportunity to cure
or abate the condition and shall also be afforded an opportunity for
a hearing before a court of 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 that the abatement has not been substantially
completed.
[Added 2-21-2006 by Ord. No. 12-2-2006]
A.
Errors in codification. In preparing the Code of Evesham
Township pursuant to N.J.S.A. 40:49-4, minor errors were found with
the numbering of certain ordinances. Therefore, it is necessary to
make the following changes, amendments or revisions in the Code, 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 at present.[1]
B.
In addition, the following changes, amendments or
revisions 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.[2]
(1)
In accordance with the statutory provisions concerning
local municipal courts, the term "Recorder" or "Magistrate" or "Municipal
Magistrate" or other similar title is changed to "Judge" or "Judge
of the Municipal Court" wherever it may appear in the Code of the
Township of Evesham.
(2)
Throughout the Code, the term "Township Committee"
has been changed to "Township Council," "Council" or some similar
designation in accordance with the current form of Township government.
(3)
In accordance with the penalty provisions established in § 1-15 of this ordinance for violations of the Code generally, the following sections have been amended or added to delete specific penalty amounts and to refer to Chapter 1, General Provisions, Article I, for applicable penalty provisions.[3]
(4)
In accordance with the adoption of an ordinance establishing a general schedule of fees, which ordinance is adopted in conjunction with the adoption of this ordinance and appears as Chapter 72, Fees, of the Code, the following sections are added or amended to delete specific fee amounts and to refer to Chapter 72, Fees.[4]
[2]
Editor's Note: Pursuant to § 1-16B, the following sections were amended or added. A complete description of each change is on file in the office of the Township Clerk. (a) Sections amended or added: §§ 3-1, 3-3, 3-6C, 3-10A(3) and B(1), 3-25D, 3-69, 22-1, 26-2, 28-3, 26-4, 26-5, 26-6, 26-7, 26-8, 26-9, 26-10, 26-12A and C, 26-14, 26-16A and D, 26-17A, 26-18A, B and G, 26-19, 26-20A and C, 26-21E, F and J, 26-22A, 26-23E, 26-24, 26-28A, D and E, 26-31A(18), (19), (22), (41), (44) and (47), 54-3, 59-4A, 67-8B and D, 80-1, 80-3, 83-1, 86-2, 86-3, 86-4A, B and D, 86-5A and B, 86-6H and L, 111-4A, 124-5, 130-5C, 133-5, 133-6, 133-7, 133-8, 138-1, 138-2, 138-3, 153-1, 160-2, 160-6, 160-91, 160-18, 160-20A, 160-30, 160-51B(7), 160-55J(7)(a) and K(1)(d), 160-66B, C and D, 160-94B and C and 160-95A and B. (b) Original sections repealed: Section 5 of Ord. No. 5-66 (Ch. 26); Subsection g of Section 26 of Ord. No. 5-66 (Ch. 26); Section 31 of Ord. No. 5-66 (Ch. 26); Subsections 19 and 48 of Section 37 of Ord. No. 5-66 (Ch. 26); and Subsection 3 of Section 10 of Ord. No. 14-9-72 (Ch. 75).
C.
In addition, the following changes, amendments or
revisions are made herewith to certain ordinances adopted subsequent
to February 15, 1977, and are 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 are to appear in
the Code.[5]
[5]
Editor's Note: Pursuant to § 1-16C, the following ordinances (sections) were revised: Ord. No. 13-4-77 (§ 3-41C); Ord. No. 11-4-77 (§ 3-58.1); Ord. No. 14-4-77 (§§ 160-22D, 160-27A, 160-91.1 through 160-91.3); Ord. No. 26-9-77 (Ch. 127, Art. I); Ord. No. 25-8-77 (§§ 133-28 and 133-30); and Ord. No. 35-9-77 (§ 151-1).
