[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]
A.
Terms used in this Code, unless otherwise specifically
defined, have the meanings prescribed by the Revised Statutes of New
Jersey for the same terms.
B.
BOROUGH
COUNCIL
COUNTY
ORDINANCES
PERSON
STATE
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.
A.
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]
(1)
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.
(2)
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.
B.
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:
A.
Any ordinance adopted subsequent to December 8, 2003.
B.
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.
C.
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.
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,
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.
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.
Ordinance authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Ordinance No. 2003-13, Land Development, and any amendments
thereto, and any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
N.
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.
