[HISTORY: Adopted by the Board of Commissioners of the Township of
Haddon as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1987 by Ord.
No. 819]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Haddon of a general and permanent nature adopted by the Board of Commissioners of the Township of Haddon, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through 230, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Haddon," hereinafter known and referred to as the "Code."
This chapter 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 chapter 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 chapter; and, if this chapter shall be
adopted, such copy shall be certified to by the Clerk of the Township of Haddon
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 Haddon" 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 Haddon, 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 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 Board of Commissioners,
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 in any manner whatsoever which will cause the law of the Township of
Haddon to be misrepresented thereby. Anyone violating this section or part
of this chapter 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 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 chapter 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 chapter 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 chapter shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to May 6, 1986.
B. Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this chapter,
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 chapter 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 chapter,
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 or obligation.
I. The levy or imposition of taxes, assessments or charges
or the exemption of personal property from taxation.
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 regulating vehicles and traffic in the
Township of Haddon.
M. Any ordinance establishing or amending fire districts
in the Township.
N. An ordinance combining the Sewer and Water Departments
and creating the Sewer-Water Department.
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 Board of Commissioners 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. Whenever in the various pieces of Township legislation
included in the Code the term "Township Committee" appears, it will be amended
to read "Board of Commissioners," and wherever the term "Magistrate" appears,
it will be amended to read "Judge."
C. In addition, the following changes, amendments or revisions
are made herewith, to become effective upon the effective date of this chapter.
(Chapter and section number references are to the ordinances as they have
been renumbered and appear in the Code.)
[Added 11-30-2004 by Ord. No. 1110;
amended 2-13-2006 by Ord. No. 1154]
A. Notwithstanding any specific penalty provided elsewhere in this
Code or in other ordinances of the Board of Commissioners for a particular
violation, any person, firm or corporation who or which shall violate any
of the provisions of this Code, or any provision of any code or regulation
adopted by reference therein or any order promulgated under such provisions,
code or regulation, by doing any act prohibited or declared unlawful or a
violation thereof 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 provision or when such provision declares such failure
to be unlawful or to be a violation shall, upon conviction thereof, be liable
for a fine not exceeding $2,000, or imprisonment in the county jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination of the penalties so listed, in the discretion
of the Judge of the Municipal Court before whom such violation is heard and
conviction made.
B. The continuation of such violation or prohibited act for each
successive day shall constitute a separate offense, and the person, firm or
corporation allowing or permitting the continuation of such violation or prohibited
act may be punished, as provided herein, for each separate offense.
C. In any case where a fine in excess of $1,250 is sought to be
imposed for a housing violation or for a zoning violation, any person, firm
or corporation who or which shall violate any of the provisions of this Code,
or any provision of any code or regulation adopted by reference therein or
any order promulgated under such provisions, shall be provided a thirty-day
period in which such person, firm or corporation has an opportunity to cure
or abate the condition and the person, firm or corporation shall have an opportunity
for a hearing before the court. After the thirty-day period the higher fine
may be imposed if, in the discretion of the Judge of the Municipal Court before
whom such violation is heard and conviction made, it is determined that the
abatement has not been substantially completed.