[Adopted 12-15-1971 as Ord. No. 631R]
A.
Pursuant to N.J.S.A. 40:49-4, there is hereby adopted
by the Mayor and Council of the Borough of Fanwood a revision and
codification of its ordinances, known as the "Code of the Borough
of Fanwood, County of Union, 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 Borough, 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 thereof shall be controlling.
B.
The copy of the revision and codification of the ordinances
of the Borough of Fanwood above referred to as being filed in the
office of the Clerk of the Borough 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 the 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 Borough of
Fanwood, County of Union, 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, 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 Fanwood, County of Union, New Jersey.
County of Union.
The Mayor and Council of the Borough of Fanwood.
The ordinances of the Borough of Fanwood and all amendments
thereto.
Any natural individual, firm, trust, partnership, association,
or corporation. Whenever the word "person" is used in any section
of the 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 section. The
singular includes the plural. The masculine gender includes the feminine
and neuter genders.
State of New Jersey.
All ordinances of a general and permanent nature adopted by the Mayor and Council of the Borough of Fanwood prior to July 14, 1971, and not contained in the Code of the Borough of Fanwood, Union County, New Jersey, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in § 1-6 and excepting all ordinances adopted on or after July 14, 1971, which such ordinances shall be included in this Code as replacement pages as a part of the Code.
The adoption of the 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 rights or liabilities established, accrued, or
incurred under any legislative provisions of the Borough of Fanwood
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 Borough of Fanwood, 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 Borough of Fanwood.
D.
Any franchise, license, right, easement, or privilege
heretofore granted or conferred by the Borough of Fanwood.
E.
Any ordinance of the Borough of Fanwood providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, or improvement of any street, road,
highway, park, or other public place within the Borough of Fanwood.
F.
Any ordinance or resolution of the Borough of Fanwood
appropriating money or transferring funds, promising or guaranteeing
the payment of money, or authorizing the issuance and delivery of
any bond of the Borough of Fanwood or other instruments or evidence
of the Borough'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.
Any ordinance authorizing local or general improvements.
J.
The resolutions of the Mayor and Council not in conflict
or inconsistent with the provisions of the Code.
K.
Any provision of any ordinance or resolution of the
Mayor and Council creating employments, positions, or offices and
fixing duties therefor which are not provided for in the Code of the
Borough of Fanwood, Union County, New Jersey, and which are not in
conflict or inconsistent therewith.
L.
Any provision of any ordinance or resolution of the
Mayor and Council fixing the compensation or salaries of the Borough
officials and employees or the pay and compensation of positions and
clerical employments.
M.
Any ordinance or provision of any ordinance establishing
or creating any office or position in the Borough of Fanwood, or establishing
or creating any fees, or providing for the general fines or penalties.
N.
Any ordinance or resolution not of a general or permanent
nature and not incorporated in the Code.
O.
Any ordinance regulating the operation or parking
of motor vehicles in the Borough of Fanwood.
P.
The Zoning Ordinance adopted March 9, 1960, as Ord.
No. 551R and all subsequent amendments thereto.
Any and all additions, amendments, or supplements
to the Code of the Borough of Fanwood, County of Union, State of New
Jersey, when passed and adopted in such form as to indicate the intention
of the Mayor and Council for them to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Borough of Fanwood, County of Union, 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 Borough of Fanwood, County of Union, State of New Jersey, shall
be adopted, they shall thereafter be printed and, as provided hereunder,
inserted in the loose-leaf book containing the said Code as amendments
and supplements thereto.
It shall be the duty of the Borough Clerk or
someone authorized and directed by the Mayor and Council to keep up-to-date
the certified copy of the book containing the Code of the Borough
of Fanwood, County of Union, State of New Jersey, required to be filed
in the office of the Borough Clerk for the use of the public. All
changes in said Code and all ordinances of a general and permanent
nature finally adopted by the Mayor and Council on or after July 14,
1971, which the Mayor and Council shall adopt, shall 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.
[Amended 4-9-1975 by Ord. No. 665R; 3-13-1985 by Ord. No.
85-03R; 12-11-1991 by Ord. No. 91-17R; 11-11-1992 by Ord. No. 92-17R; 12-28-1999 by Ord. No. 99-25R; 3-9-2000 by Ord. No. 00-01R; 7-9-2002 by Ord. No. 02-13R; 8-10-2004 by Ord. No. 04-13R; 4-12-2005 by Ord. No.
05-07R; 3-10-2009 by Ord. No. 09-01R; 12-14-2010 by Ord. No. 10-21R]
Except as otherwise provided by law, the following
fees are hereby authorized and established for copies of the Code
of the Borough of Fanwood, government records, other services performed
by the Borough and certificates issued by the Borough. Such fees shall
be paid to the custodian of such records or the agency performing
such service, who shall transmit same to the Chief Financial Officer.
Any agency of the Borough and any other municipality or local, county,
state or federal agency shall be exempt from the payment of said fees.
The Mayor and Council may, by resolution, establish procedures for
the periodic supplementation of the Code book and the fee to be charged
therefor. If the Borough can demonstrate that its actual costs for
duplication of a government record exceed the foregoing rates, the
Borough shall be permitted to charge the actual cost of duplicating
the record. The actual cost of duplicating the record, upon which
all copy fees are based, shall be the cost of the materials and supplies
used to make a copy of the record, but shall not include the cost
of labor or other overhead expenses associated with making the copy
except as otherwise provided in N.J.S.A. 47:1A-5c. Access to electronic
records and nonprinted materials shall be provided free of charge,
but the Borough shall charge for the actual costs of needed supplies.
B.
Copy of book containing Code of the Borough of Fanwood:
$150; and cost of annual supplements upon request: $100.
C.
Printed copy of Municipal Land Use Ordinance: $75.
D.
Certified copy of certificate of birth: $10; each
additional copy: $10.
E.
Certified copy of certificate of marriage: $10; each
additional copy: $10.
F.
Certified copy of certificate of death: $10; each
additional copy: $10.
H.
Certified copy of certificate of civil union: $10;
each additional copy: $10.
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 Borough of Fanwood, County of Union, 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 Mayor
and Council and the Board of Health of the Borough of Fanwood 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.
Sufficient copies of the Code of the Borough
of Fanwood, County of Union, State of New Jersey, have been filed
in the office of the Borough Clerk and shall remain there for the
use and examination of the public until final action is taken on this
ordinance.
One copy of the Code of the Borough of Fanwood,
County of Union, State of New Jersey, shall be and remain on file
in the office of the Borough Clerk and made available to persons desiring
to examine same, if this ordinance shall be adopted and while the
same shall be in effect.
A.
Whenever in the revision and codification or in any
other ordinance of the Borough, or in any rule, regulation or order
promulgated by any officer or agency of the Borough under authority
duly vested in him/her/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, the violation of any such provision
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 a fine not exceeding $2,000 or by imprisonment for any
term not exceeding 90 days, and/or be required to perform community
service for a term not exceeding 90 days, or be punishable by such
fine, imprisonment, and community service; provided, however, that
where the penalty for any particular offense is limited by state statute,
then such limitation shall be applicable to the provision of 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.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No.
06-11R]
B.
Each day any violation of the revision or 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. In addition, each instance of any violation of the revision
or codification or of any other ordinance of the Borough, or of any
rule, regulation or order as aforesaid, including each instance of
unlawful discharge of garbage, litter, refuse, etc., shall constitute
a separate offense.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1999 by Ord. No. 99-25R]
C.
Whenever 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.
D.
If a check submitted to the Borough for payment in
accordance with this Code or any regulations of the Borough is returned
as a result of insufficient funds, stoppage of payment or any other
reason, the person who submitted such check shall pay a return check
fee of $20 per check. In addition, the Mayor and Council may require
future payments to be tendered in cash or by certified or cashier's
check from such person.
[Added 6-14-2005 by Ord. No. 05-14R;
amended 12-9-2008 by Ord. No. 08-19R]
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No.
06-11R]
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 Borough of Fanwood, County of Union, 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 $2,000 or imprisonment for not more than 90
days, or both, in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately
after final adoption and publication according to law.
In compiling and preparing the ordinances of
the Borough of Fanwood, County of Union, State of New Jersey, 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 Borough Council that all such changes be adopted as
part of the Code of the Borough of Fanwood, County of Union, State
of New Jersey, as if the ordinances so changed had been previously
formally amended to read as such.
A.
Chapter 25, Police Department.
(2)
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"Annual salaries. The annual salaries of the
members of the Police Department shall be fixed and set forth in the
annual Salary Ordinance. A copy of the current Salary Ordinance shall
be kept on file in the office of the Borough Clerk for examination
and inspection by the public."
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(3)
(3) Section 25-12, Powers of Senior Lieutenant; Acting
Chief, has been revised by replacing the word "Lieutenant" with the
word "Captain."
D.
Chapter 39, Air Conditioning and Refrigeration Equipment.
(1)
Section 39-5, Use and operation restricted, was revised
by the deletion of the words "from and after May 13, 1954."
E.
F.
Chapter 50, Business, Trade, or Occupation Licensing.
(1)
Subsection A of § 50-2, License fee; record of licenses granted, was revised by raising the fees for each hawker or peddler from $15 to $25; for each auctioneer from $5 per sale to $10 per sale; for each junk collector from $10 to $20; and for each circus or exhibition from $50 per day to $100 per day. The reference to gypsy camps and the accompanying fee of $10 was deleted.
G.
Chapter 65, Pool Parlors and Billiard Rooms.
(1)
Section 65-2, Prerequisite to issuance of license;
fee, has been revised to read as follows:
|
"The license fee shall be $100 for each pool
table or billiard table. The application for a license shall be filed
with the Clerk, accompanied by the license fee. The license, when
granted by the Mayor and Council, shall be issued by the Clerk."
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H.
Chapter 71, Sanitary Sewers.
(1)
Subsection A of § 71-4, Certain substances prohibited in sewers; nonapplicability, was revised to read as follows:
|
"No person shall permit or cause to enter into
any sewer, sewer connection, or appurtenances any hot, corrosive,
suffocating, inflammable, or explosive liquid, gas vapor, or substance,
or any gasoline or other volatile oil."
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I.
Chapter 76, Solicitors and Canvassers.
(1)
In § 76-3, Issuance of permit; fees, the
fee for the issuance of a permit was raised from $3 to $5.
J.
Chapter 78, Streets and Sidewalks.
(1)
Section 78-30, Requirements for construction, conformity
with specifications, was revised to read as follows:
|
"All sidewalks and curbs shall be constructed
and paved in accordance with the standard specifications set forth
in the Standard Specifications for Pavement, Sewer, Curb, and Sidewalk
Construction."
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K.
Chapter 83, Taxicabs.
(2)
Section 83-6, Recording of licenses, was revised by
deleting the following:
|
"He shall also furnish to each person licensed
as a driver a suitable badge, at a charge not to exceed $1, bearing
the number of the license."
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(3)
(3) Section 83-7, Posting and displaying of licenses
and rates of fare, was revised by deleting the following:
|
"Every licensed driver shall have conspicuously
displayed upon his person the badge bearing the number of his license.
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L.
Chapter A117, Streets, Sidewalks, Sewers: Construction
Specifications.
(1)
Section A117-2, Conformity with specifications, was
revised by deleting ".. constructed in the Borough after June 13,
1956."
M.
Penalties.
(1)
In §§ 39-7, 40-6, 42-13, 44-22, 50-3,
53-25, 61-4, 63-11, 65-6, 67-8, 71-3, 71-7, 73-10, 75-8, 76-8, 78-18,
78-21, 78-25, 78-29, 78-35, 81-14, 83-10, 86-9, and A117-93, the penalty
provisions are revised to provide that violators will be punishable
by a fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment, the imposition of
such penalties being authorized by N.J.S.A. 40:49-5.
[Amended 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
