[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code
Article II Period of Limitations for Filing Court Complaints
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Longport of a general and permanent nature, adopted by the Board of Commissioners of the Borough of Longport, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 167, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Longport," 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.
All provisions of this ordinance and the Code shall be in full force and effect in accordance with the applicable provisions provided by law upon passage and final publication.
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 Longport 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 the 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 Longport" 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 Longport, 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 county, therefor being no newspaper 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 the Clerk's 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 Code in any manner whatsoever which will cause the law of the Borough of Longport to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a penalty as provided in § 1-15 of this ordinance.
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:
Any ordinance adopted subsequent to July 21, 1982.
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 other 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 Borough's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees; establishing workdays and working hours of certain employees; and providing for holidays and vacations for employees and the keeping of employment records.
An ordinance establishing a Sanitary Code adopted August 19, 1930.
An ordinance for the better protection of water and sewer pipes adopted May 29, 1909.
An ordinance pertaining to the consumption of excess water adopted July 11, 1919.
An ordinance establishing water and sewer connection charges adopted July 7, 1948.
An ordinance providing charges for the use of water for construction adopted February 21, 1951.
An ordinance pertaining to the use of water for lawn sprinkling adopted June 5, 1963.
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.
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 and references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-14B, the following changes, amendments and revisions were made to the Code:
A. The following penalty sections were amended: §§ 57-16, 61-14, 61-16, 64-2, 67-10A, 82-2, 87-6, 96-2, 105-2, 122-4, 129-2, 129-4, 136-7, 147-2, 147-6 and 147-9.
B. The following sections and chapters were amended: §§ 11-5, 11-7, 11-8, 11-12, 31-3, 31-6, 31-13, 38-2, 38-3, 38-4, 38-9, 61-6, 67-4A and E, 67-6, 82-5, 82-6, 82-7, 82-12, 102-4, 105-1, 119-4, 122-2, 122-3, 161-10, 161-18A(1) and E(2) and Ch. 153.
A complete description of these changes is on file in the office of the Borough Clerk.
Unless otherwise specifically provided for in any chapter of the Code of the Borough of Longport, any person committing an offense against any provision of the Code of the Borough of Longport shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing the same.
[Adopted 3-10-2004 by Ord. No. 2004-05]
No municipal court complaint may be filed by any private person asserting a violation of any Borough ordinance other than zoning, planning, and construction code, after the elapse of 180 days from the date of the act which is the subject matter of the complaint. Notwithstanding the foregoing, a private person may assert a violation, as aforesaid, for acts occurring more than 180 days but less than one year, provided the assertion is made prior to the expiration of 30 days following the effective date of this article.
"Private person" as used herein shall mean any individual or entity other than the Borough of Longport, county, state or federal agency, entity, body or individual acting in an official capacity.
The limitation period shall not apply to any Borough of Longport Code provision for which a limitation period is specifically provided.