[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:
A.
Any ordinance adopted by the Mayor and Council subsequent
to January 4, 1977.
B.
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.
C.
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.
D.
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.
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 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.
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 Borough's 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 charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
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.
L.
Any ordinance making any change or revision in the
Zoning Map.
M.
Any ordinance regulating traffic or parking.
N.
Any ordinance establishing fees or charges in the
Borough.
O.
Any ordinance concerning dogs, particularly Ord. No.
1-67, adopted 1-2-1967.
P.
Any ordinance providing for regulations concerning
building construction, particularly Ord. No. 3-70, adopted 11-4-1970,
and subsequent amendments thereto.
Q.
Any ordinance providing for subdivision of land regulations.
R.
Any ordinance providing for plumbing regulations.
A.
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]
B.
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.
C.
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]
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 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.
B.
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.)[1][2]
[1]
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.
[2]
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.
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,
the imposition of such penalties being authorized by N.J.S.A. 40:45-5,
as amended.[3]
[3]
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.
