Township of Mount Laurel, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Township Council of the Township of Mount Laurel: Art. I, 10-17-1983 as Ord. No. 1983-31. Amendments noted where applicable.]

Article I Adoption of Code

[Adopted 10-17-1983 as Ord. No. 1983-31]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Mount Laurel of a general and permanent nature adopted by the Township Council of the Township of Mount Laurel, as revised, codified and consolidated into chapters and sections by General Code Publishers Corporation and consisting of Chapters 1 through 168, are hereby approved, adopted, ordained and enacted as the Code of the Township of Mount Laurel, hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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 and effect hereinafter.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Township 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 Mount Laurel 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 same during all times while the said Code is in effect.

§ 1-5 Amendments to Code.

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 Mount Laurel" 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.

§ 1-6 Publication and filing.

The Clerk of the Township of Mount Laurel, 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 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.

§ 1-7 Code book to be kept up-to-date.

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 office of the Clerk for use by 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.

§ 1-8 Sale of Code book.

[Amended 12-7-1992 by Ord. No. 1992-19]

Copies of the Code book containing the Code of the Township of Mount Laurel may be purchased from the Municipal Clerk upon the payment of the current printing cost as verified by the Municipal Clerk by written quotation. Periodic supplementations may be provided to the purchasers of the Code book upon receipt of an annual written request for the same and payment of the incurred cost for providing supplementation and mailing charges.

§ 1-9 Altering or tampering with Code; penalties for violation.

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 Mount Laurel to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Judge imposing the same.

§ 1-10 Severability of Code provisions.

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 effect the validity or constitutionality of any other sections or parts thereof.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repeal of ordinances.

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.

§ 1-13 Ordinances saved from repeal.

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 ordinances adopted subsequent to November 1, 1982.

B. Any rights or liability established, accrued or incurred under any legislative provisions 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 provisions 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, change 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 township indebtedness.

H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.

I. The levy or imposition of taxes, assessments or changes.

J. The dedication of property or approval of preliminary or final subdivision plats.

K. All current effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees of the Township of Mount Laurel.

L. All ordinances of the township providing for the preparation and use of Tax Maps.

M. All ordinances of the township regulating and providing for vehicles and traffic.

N. All ordinances of the township creating and establishing officers or employees, boards, commissions or other agencies and all ordinances providing for appointments to various positions in the township.

O. All ordinances of the township regulating zoning in the township.

P. All ordinances of the township regulating subdivision of land in the township.

Q. All ordinances of the township establishing or amending a fire prevention code, including but not limited to Ordinance No. 62-8, adopted September 4, 1962.

§ 1-14 Changes in previously adopted ordinances.

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 (1) or more of said ordinances. It is the intention of the Township 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.

B. 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 references are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1] Editor's Note: Pursuant to § 1-14B, the following changes, amendments or revisions are made. A complete description is on file in the office of the Township Clerk.

Sections 4-39A and C, 4-40, 4-41F, 4-43, 4-44, 4-59, 4-60, 4-72, 13-3, 13-4, 13-6, 30-1, 43-2, 43-3, 43-6, 43-7, 43-8, 43-9, 48-2B, 70-9, 87-1A(2), 100-4, 140-5, 140-7, 146-2, 146-7 and 146-8.

C. Penalties. In the following sections, the penalty provisions are revised to provide that violators will be punishable, upon conviction, by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the Judge: §§ 89-9, 95-6, 127-3, 132-13A, 135-14, 140-14, 144-13, 146-9 and 151-5.

Article II Ordinances Adopted During Codification

During the process of codification, certain complete new ordinances were adopted by the Township Council for inclusion in the Code of the Township of Mount Laurel. Such new ordinances are noted in the histories of individual chapters as "Adopted... during codification; see Chapter 1, General Provisions, Article II." During the course of normal supplementation, specific dates of adoption will be inserted where pertinent in the text of the various chapters. The enumeration appearing below lists each chapter adopted during codification.
Chapter	Ordinance Number	Date
Ch. 10, Claims Approval
Ch. 58, Alarm Systems
Ch. 85, Garbage, Trash and Refuse
Art. II, Solid Waste