[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-1977 by Ord. No. 13-77]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Oaklyn of a general and permanent nature, adopted by the Mayor and Council of the Borough of Oaklyn, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapter 1 through 126, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Oaklyn, Parts I and II," which, together with the Board of Health ordinances adopted as the "Code of the Borough of Oaklyn, Part III," and an Appendix, shall hereinafter be known and referred to as the "Code."
This article and the Code shall supersede all other general and permanent ordinances enacted by the Mayor and Council 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 article and the Code shall be in full force and effect on and after September 22, 1977.
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 article; and, if this article shall be adopted, such copy shall be certified to by the Clerk of the Borough of Oaklyn 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 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 Oaklyn" 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 Oaklyn, 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 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 him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his 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 Mayor and Council, 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 Oaklyn to be misrepresented thereby. Anyone violating this section of this article 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.
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 article 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 article 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 article shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted by the Mayor and Council subsequent to January 4, 1977.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this article 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 article 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 article, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance 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, 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 keeping of employment records.
Any ordinance making any change or revision in the Zoning Map.
Any ordinance regulating traffic or parking.
Any ordinance establishing fees or charges in the Borough.
Any ordinance concerning dogs, particularly Ord. No. 1-67, adopted 1-2-1967.
Any ordinance providing for regulations concerning building construction, particularly Ord. No. 3-70, adopted 11-4-1970, and subsequent amendments thereto.
Any ordinance providing for subdivision of land regulations.
Any ordinance providing for plumbing regulations.
Unless a specific penalty is provided by New Jersey statute or is provided elsewhere in Parts I and II of this Code or in other ordinances of the Mayor and Council for a particular violation, any person, firm or corporation who or which shall violate any of the provisions of Parts I and II of this Code, or any provision of any code or regulation adopted by reference therein or any order promulgated under such provisions, code or regulation, by doing any act prohibited or declared unlawful or a violation thereof, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision or when such provision declares such failure to be unlawful or to be a violation shall, upon conviction thereof, be liable for a fine not exceeding $2,000, or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination of the penalties so listed, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made.
[Amended 5-14-1996 by Ord. No. 3-96; 11-9-2004 by Ord. No. 16-04; 3-14-2006 by Ord. No. 4-06]
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished, as provided above, for each separate offense.
In any case where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, any person, firm or corporation who or which shall violate any of the provisions of this Code, or any provision of any code or regulation adopted by reference therein or any order promulgated under such provisions, shall be provided a thirty-day period in which such person, firm or corporation has an opportunity to cure or abate the condition and the person, firm or corporation shall have an opportunity for a hearing before the court. After the thirty-day period, the higher fine may be imposed if, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made, it is determined that the abatement has not been substantially completed.
[Added 3-14-2006 by Ord. No. 4-06]
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.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this article. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: Pursuant to § 1-15B, the following Code sections wee amended or added. A complete description of such changes is on file in the office of the Borough Clerk. Sections 4-2, 10-3, 10-5, 10-9, 30-30, 35-2D, 35-4, 48-2C, 50-5, 50-7, 50-8, 50-11, 54-3, 54-4F, 54-7, 54-10, 54-11, 54-12, 54-16, 54-20, 54-21, 54-22, 54-25, 54-27, 54-29, 66-6, 69-1, 69-2, 69-7, 75-5, 86-7 through 86-13, 98-5, 108-1, 108-6, 108-12, 112-2, 112-3, 116-1, 120-21, 125-61B and 125-75.
Editor's Note: Original section deleted: Section 3 of an ordinance adopted 9-3-1907, which section prohibited the holding of picnics on Sunday in any woods, houses, barns or buildings.
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, the imposition of such penalties being authorized by N.J.S.A. 40:45-5, as amended.
Editor's Note: Pursuant to § 1-15C, the following penalty sections of the Code were revised. A complete description of such revisions is on file in the office of the Borough Clerk. Sections 50-8D, 50-12, 54-13, 54-23, 54-32, 58-2, 58-6, 62-6, 66-11, 69-8, 71-3, 75-4, 83-8, 86-14, 90-4, 96-4, 98-14, 105-16, 108-3, 108-13, 112-7, 112-13, 116-12 and 125-56A.
[Adopted 3-13-2012 by Ord. No. 4-12]
Should an employee of the Borough of Oaklyn, or person appointed by the Mayor or Borough Council of the Borough of Oaklyn to serve in a position created by statute or ordinance in and for the Borough of Oaklyn, who is required under the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., to submit a "Financial Disclosure Statement," fail to do so by the date required, the Borough Council may, by resolution, declare that employee's or appointee's position to be vacant, and make an appointment to that vacated position for its unexpired term.