[HISTORY: Adopted by the Mayor and Council
of the Borough of Paulsboro: Article I, 4-15-1975 by Ord. No. 575. Amendments noted where applicable.]
[Adopted 4-15-1975 by Ord. No. 575]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Paulsboro of a general and permanent nature, adopted by the Mayor and Council of the Borough of Paulsboro, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through
80, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Paulsboro" hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
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 final 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 Paulsboro 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 the 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 Paulsboro" shall be understood and intended
to include such additions and amendments. Whenever such addition,
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 the said Code, as amendments and supplements
thereto.
The Clerk of the Borough of Paulsboro, 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 Paulsboro to be misrepresented
thereby. Anyone violating this section of this ordinance 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 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 §
1-12 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 Ordinance No.
563, adopted March 19, 1974.
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 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.
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 ordinance. (Chapter and section number references are
to the ordinances as they have been renumbered and appear in the Code.)
(1) In Chapter
6, Alcoholic Beverages:
(a)
Section
6-12F is amended to delete the words "in a file marked 'Noncriminal' " from the end thereof.
(b)
Sections
6-16,
6-17 and
6-18 are amended to change the age limitation from 21 years to 18 years.
(2) In Chapter
9, Animals and Shelters, §
9-23 is amended to read as follows:
"No person who owns, keeps, harbors or possesses
any dog or dogs shall suffer or permit such dog or dogs to annoy neighbors
and/or other persons living within his immediate vicinity by continued
barking or howling. A complaint shall be made by a person within hearing
distance of such dog, setting forth that such barking or howling is
continued for unreasonable periods of two or more consecutive days
or nights, to the annoyance and discomfort of the complainant, so
that it can be established that such barking and howling is a nuisance
to the immediate neighborhood; then, and in such case, said owner
shall cause said barking and howling to cease and terminate immediately.
If such barking and howling shall again occur, regardless of its duration,
the provisions of this ordinance shall be deemed to have been violated
and the owner shall pay such penalty as may be imposed therefor."
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(3) In Chapter 28, Curfew, § 28-4 is amended
to raise the fine for violation from $2 to $50.
(4)
(a)
Section
32-3 is amended to include "all portable swimming pools."
(b)
Section
32-6 is amended to delete the first sentence thereof. The deleted sentence reads as follows: "No exceptions shall be granted to the provisions of this ordinance with regards to properties situate in residential zones."
(5) In Chapter
71, Swimming Pools, §
71-11C is amended to require permanent fencing, not less than 42 inches nor more than eight feet in height, around all portable swimming pools; to establish standards for such fencing and gates; and to require removal of access ladders when the pool is not in use.