[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-8-1971 as §§ 1-4, 1-12 and 1-14 of the 1971 Code]
Terms used in this Code, unless otherwise specifically defined, have the meanings prescribed by the Revised Statutes of New Jersey for the same terms.
Terms used in this Code have the following meanings:
- The Borough of Palmyra, County of Burlington, New Jersey.
- The Borough Council of the Borough of Palmyra.
- County of Burlington.
- The ordinances of the Borough of Palmyra 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 captions of the several sections of the Code of the Borough of Palmyra, County of Burlington, State of New Jersey, printed in bold-faced 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.
Any person or entity that violates any of the provisions of the Borough of Palmyra Ordinance or any provision contained within the Code of the Borough of Palmyra shall be subject to a fine of not more than $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof in the discretion of the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered to be a separate and distinct violation and subject to the imposition of a separate penalty for each day of the violation, as the Municipal Court Judge may determine.
[Amended 9-10-2012 by Ord. No. 2012-29]
Whenever a fine is to be imposed in an amount greater than $1,250 for violations of housing or zoning codes, the owner shall be provided a thirty-day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has determined that the abatement has not been substantially completed.
The maximum penalty set forth herein shall not apply where a specific lower maximum penalty is provided for in a specific section of the Code of the Borough of Palmyra.
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.
[Adopted 5-8-2006 by Ord. No. 2006-14]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Palmyra of a general and permanent nature adopted by the Mayor and Council of the Borough of Palmyra, as revised codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 270, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Palmyra," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1971 Code and 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.
This ordinance shall take effect immediately upon passage and publication according to law.
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 ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Palmyra 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 the 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 Palmyra" 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 Palmyra, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, 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 the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her 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, or any chapter or portion of it, may be purchased form the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Mayor and Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
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 Palmyra to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, 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 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.
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.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to December 8, 2003.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance 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 ordinance 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 ordinance, 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 of grade, changing of 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.
Ordinance authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Ordinance No. 2003-13, Land Development, and any amendments thereto, and any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
Ordinance No. 2002-6, regarding the Police Department, and any amendments thereto.
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 ordinance so changed had been previously formally amended to read as such.