[HISTORY: Adopted by the Township Committee of the Township of Mansfield
5-6-1968 by Ord. No. 1968-2.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided as follows: Whereas, the
Township Committee of the Township of Mansfield, in the County of Burlington
and State of New Jersey, has heretofore determined that it is in the public
interest to undertake the codification and revision of the general ordinances
of the Township of Mansfield, and whereas, pursuant to said determination,
it has caused its ordinances of a general and permanent nature to be compiled
and revised and the same embodied in a revision and codification known as
the "The Code of the Township of Mansfield, County of Burlington and State
of New Jersey," and whereas, pursuant to N.J.S.A. 40:49-4, the governing bodies
of municipalities may provide for the revision and codification of its ordinances,
and whereas, the enactment of this ordinance, providing for the codification
of the ordinances of a general and permanent nature, will promote the general
welfare of the Township of Mansfield and its citizens. Now, therefore, be
it ordained by the Township Committee of the Township of Mansfield, County
of Burlington and State of New Jersey that:
A.
Pursuant to N.J.S.A. 40:49-4, there is hereby adopted
by the Township Committee of the Township of Mansfield a revision and codification
of its ordinances known as "The Code of the Township of Mansfield, County
of Burlington and State of New Jersey," of which not less than
one copy has been made and is now filed in the office of the Clerk of the
Township and the same is hereby adopted and incorporated as fully as if set
out herein and from the date this ordinance shall take effect, the provisions
shall be controlling.
B.
The copy of the revision and codification of the ordinances
of the Township of Mansfield above referred to as being filed in the office
of the Clerk of the Township shall remain in said office for the use and examination
of the public until final action is taken upon this ordinance and thereafter
while the same shall be in effect.
The provisions of this Code, so far as they are the same in substance
as those of heretofore existing ordinances shall be considered continuations
of such ordinances and not new enactments.
All provisions of the Code of the Township of Mansfield, County of Burlington
and State of New Jersey, shall be in full force and effect on and after the
effective date of this ordinance.
A.
Terms used in this Code, unless otherwise specifically
defined, have the meanings prescribed by the Revised Statutes of New Jersey
for the same terms.
B.
COMMITTEE
COUNTY
ORDINANCES
PERSON
STATE
TOWNSHIP
Terms used in this Code have the following meanings:
The Township Committee of the Township of Mansfield.
County of Burlington.
The ordinances of the Township of Mansfield 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 the partners or members thereof, and as applied to corporations
includes officers, agents or employees thereof who are responsible for any
violations of the section. The singular includes the plural. The masculine
gender includes the feminine and neuter genders.
State of New Jersey.
The Township of Mansfield, County of Burlington, New Jersey.
The ordinance adopted by the Township Committee of the Township of Mansfield
on June 30, 1936, prohibiting the sale of fireworks in the Township of Mansfield
before the first day of July and providing a penalty therefor is hereby repealed
and any provisions of any ordinances in force on the date of the adoption
of this Code which are inconsistent with any provisions contained in said
Code are hereby repealed as of the effective date of this Code.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.
A.
Any right or liability established, accrued or incurred
under any legislative provisions of the Township of Mansfield prior to the
effective date of this ordinance or any action or proceeding brought for the
enforcement of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the Township
of Mansfield or any penalty, punishment or forfeiture which may result therefrom.
C.
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 of the Township of Mansfield.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Township Committee.
E.
Any ordinance of the Township of Mansfield providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation of
any right-of-way, easement, street, road, highway, park or other public place
within the Township of Mansfield.
F.
Any ordinance or resolution of the Township of Mansfield
appropriating money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the Township
of Mansfield or other instruments or evidence of the Township's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract or obligation.
H.
The levy or imposition of taxes, assessments or charges.
I.
The dedication of property or approval or preliminary
or final subdivision plats.
J.
Any ordinance of the Township Committee adopted on final
passage after the fourth day of March 1968.
The adoption of this ordinance does not create any material changes
in ordinances heretofore adopted and therein contained except that:
A.
Section 5-1 of the ordinance providing for plenary retail consumption licenses and regulating the fees and hours thereof adopted on December 27, 1937, has been amended to read as follows:[1]
[1]
Editor's Note: The text of the amendments cited here has been incorporated
into the appropriate chapter of the Code.
Any and all additions, amendments or supplements to the Code of the
Township of Mansfield, County of Burlington, State of New Jersey when passed
and adopted in such form as to indicate the intention of the Township Committee
to be a part thereof, shall be deemed to be incorporated into such Code, so
that reference to "The Code of the Township of Mansfield, County of Burlington,
State of New Jersey" shall be understood and intended to include such additions
and amendments. Whenever such additions, amendments or supplements to the
Code of the Township of Mansfield, County of Burlington, State of New Jersey
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.
It shall be the duty of the Township Clerk or someone authorized and
directed by the Township Committee to keep up-to-date the certified copy of
the book containing the Code of the Township of Mansfield, County of Burlington,
State of New Jersey, required to be filed in the office of the Township Clerk
for the use of the public. All changes in said Code and all ordinances adopted
by the Township Committee subsequent to the fourth day of March 1968, which
the Township Committee shall adopt specifically as a 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 of the Township of Mansfield,
County of Burlington, State of New Jersey, may be purchased from the Clerk
of the Township of Mansfield upon the payment of a fee to be set by resolution
of the Township Committee who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
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 section or part 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 section or part thereof.
The captions of the several sections of the Code of the Township of
Mansfield, County of Burlington, 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.
Only general ordinances adopted by the Township of Mansfield and the
Board of Health of the Township of Mansfield are meant to be included in the
revision and codification and not ordinances covering bond issues, finances,
assessments, franchises, annexations and similarly specific ordinances which
are limited in scope and application.
[Amended 5-5-1988 by Ord.
No. 1988-11]
A.
Wherever, in the revision and codification or in any
other ordinance of the Township or rule, regulation or order promulgated by
any officer or agency of the Township under authority duly vested in him,
her or it, any act is prohibited or is made or declared to be unlawful or
an 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 Township or any rule, regulation or order as aforesaid
shall be subject to a fine not exceeding $1,000 or to imprisonment in the
county jail for a term not exceeding 90 days or to a period of community service
not exceeding 90 days, or to such combination of punishments as the Municipal
Judge, in his or her discretion, shall deem appropriate and just; provided,
however, that where the penalty for any particular offense is limited by state
statute, then such limitation shall be applicable to the provisions of the
revision and codification and other ordinances of the Township or rule, order
or regulation as aforesaid, notwithstanding the provisions of this section.
Each day any violation of the revision or codification or of any other ordinance
of the Township or any rule, regulation or order as aforesaid shall continue
shall constitute a separate offense.
B.
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 or in such other manner as may be provided by law.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, any part or portion thereof or to alter or tamper with such
Code in any manner whatsoever which will cause the law of the Township of
Mansfield, County of Burlington, State of New Jersey, to be misrepresented
thereby. Anyone violating this section of this ordinance shall be subject,
upon conviction, to a fine of not more than $200 or imprisonment for not more
than 90 days, or both, in the discretion of the Magistrate imposing the same.
This ordinance shall take effect immediately after final approval and
publication according to law.
