[Adopted 3-13-2018 by Ord. No. MC3635]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Irvington of a general and permanent nature adopted by the Municipal Council of the Township of Irvington, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 650, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Irvington," 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 specifically repeals the Revised Code of the Town of Irvington, adopted January 13, 1981, by Ord. No. MC 2622, as amended and supplemented; provided, however, that the Municipal Court is authorized to enforce ordinances as numbered and codified in the 1981 Revised Code or in this recodified Code of the Township of Irvington. Chapter and section numbers in the 1981 Revised Code, as amended and supplemented, may be referenced in enforcement proceedings.
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 Municipal 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 Irvington 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 Irvington" 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 Municipal Clerk of the Township of Irvington, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, 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 Municipal 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.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Township. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.
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 Irvington 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 $2,000, 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.
Except as provided in § 1-13, Ordinances saved from repeal, below, all ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Irvington which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific ordinances. The Municipal Council of the Township of Irvington has determined that the following chapters and articles of the 1981 Revised Code are no longer in effect and hereby specifically repeals the following legislation:
Former Chapter 5, Administration, Article XVI, Traffic Safety Advisory Committee, of the 1981 Revised Code.
Former Chapter 5, Administration, Article XVII, Industrial Commission, of the 1981 Revised Code.
Former Chapter 5, Administration, Article XXIV, Parking Advisory Committee, of the 1981 Revised Code.
Former Chapter 12, Education, Board of, Article I, Composition, of the 1981 Revised Code.
Former Chapter 12, Education, Board of, Article II, Use of Paging Devices on School Property, of the 1981 Revised Code.
Former Chapter 25, Irvington General Hospital, of the 1981 Revised Code.
Former Chapter 77, Cellular Telephones, Article I, Mobile Communications Device Use in Vehicles, of the 1981 Revised Code.
Former Chapter 89, Discriminatory Practices, Article I, Cavassing for Real Estate Listings, of the 1981 Revised Code.
Former Chapter 89, Discriminatory Practices, Article II, Community Relations Board, of the 1981 Revised Code.
Former Chapter 134A, Loitering, of the 1981 Revised Code.
Former Chapter 135, Pay Telephones, of the 1981 Revised Code.
Former Chapter 136, Parks and Recreation, Article I, Tennis Courts and Swimming Pools, of the 1981 Revised Code.
Former Chapter 139, Peace and Good Order, Article II, Drug Paraphernalia, of the 1981 Revised Code.
Former Chapter 139, Peace and Good Order, Article VI, Weapons-Free Zone, of the 1981 Revised Code.
Former Chapter 164, Sexual Offenders, of the 1981 Revised Code.
Former Chapter 167, Smoke Control, of the 1981 Revised Code.
Former Chapter 168, Smoking, Article II, Smoking in Township Places, of the 1981 Revised Code.
Former Chapter 169, Solid Waste Collectors, of the 1981 Revised Code.
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:
Any ordinance adopted subsequent to December 12, 2017.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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 Municipal Council 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.
In addition, the changes, amendments or revisions as set forth in Schedule A 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.)
Editor's Note: In accordance with § 1-14B, 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 Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-13-2018 by Ord. No. MC 3635." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
Nomenclature. Throughout the Code, the following nomenclature changes have been made:
"Police Department" ("Department of Police") was changed to "Public Safety Department" ("Department of Public Safety").
"Director of Police" ("Police Director") was changed to "Director of the Department of Public Safety."
"License Division," "Bureau of Licenses," "License Bureau" and "Division of License" was changed to "Division of Licensing."
References to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. (P.L. 1960, Ch. 141) were updated to refer to N.J.S.A. 46:26B-1 et seq. (P.L.2011, Ch. 217).
"Town Clerk" and "Township Clerk" were changed to "Municipal Clerk."