[HISTORY: Adopted by the Board of Commissioners of the Borough of
Haddonfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-2004 by Ord. No. 12-2004]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Haddonfield of a general and permanent nature adopted by the Board of Commissioners of the Borough of Haddonfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 236, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Haddonfield," 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 adoption.
A copy of the Code in loose-leaf form has been filed in the Borough
Clerk's office 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 Borough
of Haddonfield by impressing thereon the Seal of the Borough, as provided
by law, and such certified copy shall remain on file in the Borough Clerk's
office, 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 Haddonfield" 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 Borough of Haddonfield, 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 Borough. Sufficient copies of
the Code shall be maintained in the Clerk's office for inspection by
the public at all times during regular office hours and will be made available
to the public through the Borough's web site, when reasonably possible.
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 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. The Borough Clerk or
someone authorized and directed by the Borough Clerk shall also ensure electronic
formats of the Code book contain supplements.
Copies of the Code book containing the Code may be purchased from the
Borough Clerk upon payment of a fee 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
Code in any manner whatsoever which will cause the law of the Borough of Haddonfield
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 January 27, 2004.
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.
All legislation concerning vehicles and traffic.
O.
Provisions for Flood Hazard Reduction Ordinance.
P.
Cable Television Franchise.
A.
Maximum penalty.
[Amended 2-28-2006 by Ord. No. 2006-05]
(1)
For violation of any provision of this Code or other ordinance
of the Borough of Haddonfield, unless a specific penalty is otherwise provided
in connection with the provision violated, the maximum penalty upon conviction
of the violation shall be one or more of the following: imprisonment in the
county jail or in any place provided by the Borough 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.
(2)
For violations of housing or zoning codes, the Borough shall
provide 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
otherwise or, upon reinspection of the property, it is determined that the
abatement has not been substantially completed.
B.
Default of payment of fine. See N.J.S.A. 2B:12-31 and
39:4-203.1 et seq.
C.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any provision of this Code or any other
ordinance of the Borough exists shall constitute a separate violation.
D.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for each and every violation.
At the discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate for a
particular case or violation.
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 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.
The following nomenclature changes have been made throughout
the Code:
C.
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]
Editors' Note: In accordance with § 1-15C, 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 Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 4-27-2004 by Ord. No. 12-2004." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
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[During the process of codification, certain complete new ordinances were approved by the Board of Commissioners for inclusion in the Code of the Borough of Haddonfield. Such new ordinances are noted in the histories of individual chapters as "Adopted ... during codification (see Ch. 1, General Provisions, Art. II)" In accordance with recognized codification procedures, these new ordinances will be adopted separately and are presently proposed before the Board of Commissioners of the Borough of Haddonfield for that purpose. Upon final adoption of such ordinances, a complete enumeration of all chapters and articles in the Code included in such ordinances will be printed in this article along with specific dates of adoption.]
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