[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-15-2003 by Ord.
No. 7-03]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Kinnelon of a general and permanent nature adopted by the Mayor and Council of the Borough of Kinnelon, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 207, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Kinnelon," 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 passage and publication
according to law.
A copy of the Code in loose-leaf form has been filed in the office of
the Borough 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 Borough of
Kinnelon by impressing thereon the Seal of the Borough, as provided by law,
and such certified copy shall remain on file in the office of the Clerk of
the Borough, 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 Kinnelon" 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 Kinnelon, pursuant to law, shall cause this
Adopting Ordinance to be published, in the manner required, in a newspaper
of general circulation in the Borough. 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 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 to be set by the Mayor and Council. The Clerk may 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 Borough of Kinnelon
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. In addition, this ordinance
specifically repeals Part I, Administrative Legislation, and Part II, General
Legislation, of the former 1972 "Code of the Borough of Kinnelon" adopted
5-1-1972 by Ord. No. 9-72, as amended.
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 12-19-2002.
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 agreement entered into or 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 authorizing local or general improvements.
N.
The resolutions of the Mayor and Council not in conflict
or inconsistent with the provisions of this Code.
A.
Whenever, in the revision and codification or in any
other ordinance of the Borough or any rule, regulation, or order promulgated
by any officer or agency of the Borough under authority duly vested in him
or it, any act is prohibited or is made or declared to be unlawful or in offense
or the doing of any act is required or the failure to do any act is declared
to be unlawful, where no specific penalty is provided therefor, the violation
of any such provisions of the revision and codification or of any other ordinance
of the Borough or of any rule, regulation or order as aforesaid shall be punishable
by one or more of the following at the discretion of the Court: by a fine
not to exceed $1,000 or by imprisonment in the county jail for a term not
to exceed 90 days or community service not exceeding 90 days; provided, however,
that where the penalty for any particular offense is limited by state statute,
then such limitation shall be applicable to the provisions or the revision
and codification and other ordinances of the Borough or to any rule, order
or regulation as aforesaid, notwithstanding the provisions of this section.
Wherever in the Code there is a specific penalty with jail time, the Municipal
Court may impose community service not to exceed 90 days in lieu of jail time.
B.
Each day that any violation of the revision and codification
or of any other ordinance of the Borough or of any rule, regulation or order
as aforesaid shall continue shall constitute a separate offense.
C.
Whenever any such fine is imposed upon any corporation,
such fine and costs and charges incident thereto may be collected in an action
of debt of in any such other manner as may be provided by law.
Whenever a check or other written instrument is offered as a full or
partial payment on an account owing to the Borough and said form of payment
is returned for insufficient funds, there shall be added to said account with
the Borough a service charge of $20 for each instrument so returned.
A.
Terms used in this Code, unless otherwise specifically
defined, shall have the meanings prescribed by the Revised Statutes of New
Jersey for the same terms.
B.
BOROUGH
COUNTY
MAYOR AND COUNCIL
ORDINANCES
PERSON
STATE
Terms used in this Code shall have the following meanings:
The Borough of Kinnelon, County of Morris, New Jersey.
County of Morris.
The Mayor and Council of the Borough of Kinnelon.
The ordinances of the Borough of Kinnelon and all amendments 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 officers, agents or employees thereof who are responsible
for any violations of the Code. The singular includes the plural. The masculine
gender includes the feminine and neuter genders.
State of New Jersey.
The captions of the several sections of the Code of the Borough of Kinnelon,
County of Morris, State of New Jersey, printed in boldface type, are intended
as mere catchwords 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.
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 Mayor and 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.
