[HISTORY: Adopted by the Borough Council
of the Borough of Pemberton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-26-1919; amended in its entirety 8-8-1975 by Ord. No.
9-1975 (Ch. 59 of the 1975 Code)]
[Amended 2-21-2006 by Ord. No. 2006-2; 8-19-2019 by Ord. No. 2019-4]
A.
Unless
a specific penalty is provided elsewhere in the Code, or by statute,
for a particular violation, any person who shall violate any provision
of the Code, or any provision of any code or other regulation adopted
by reference therein, or any order promulgated under such provisions,
code or regulation, by doing any act prohibited or declared to be
unlawful or a violation thereby, 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 such provisions,
or when such provision declares such failure to be unlawful or to
be a violation, shall, upon conviction thereof, be punishable by a
fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days, or by both such fine and imprisonment, in the discretion
of the judge.
B.
Any
person, upon conviction for the violation of any ordinance pertaining
to unlawful solid waste disposal, shall be fined a minimum fine of
$2,500 or a maximum fine not exceeding $10,000.
C.
Any
person who is convicted of violating an ordinance within one year
of the date of a previous violation of the same ordinance and who
was fined for the previous violation shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court for a repeated offense shall not be less than the minimum
or exceed the maximum fine fixed for a violation of the ordinance,
but shall be calculated separately from the fine proposed for the
violation of the ordinance.
D.
Any
person upon whom a fine greater than $1,250 has been imposed for a
violation of housing or zoning codes shall be provided a thirty-day
period in which the owner shall be afforded the opportunity to cure
or abate the condition and shall also be afforded an opportunity for
a hearing before a court of competent jurisdiction 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 a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed.
E.
Any
person convicted of the violation of any ordinance may, in the discretion
of the court by which the person was convicted, and in default of
the payment of any fine imposed therefor, be imprisoned in the county
jail for any term not exceeding 90 days or be required to perform
community service for a period not exceeding 90 days.
The provisions of § 1-1 shall not apply to any chapter or part of a chapter of the Code of the Borough of Pemberton in which a different penalty is specifically provided.
[Adopted 2-21-2006 by Ord. No. 2006-2]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Pemberton of a general and permanent nature adopted by the Borough Council of the Borough of Pemberton, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 210, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Pemberton," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1975 Code and all 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 Pemberton 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 sale 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 Pemberton" 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 Pemberton, pursuant
to law, shall direct 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 from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee to be set by the Borough 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 Pemberton 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 or 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 which are inconsistent with any provision in the
Code are hereby repealed to the extent of such inconsistency as of
the effective date of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 7-20-2005.
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
dale 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 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, 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.
Any ordinance adopting or amending the Zoning Map.
M.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.
Any ordinance regulating vehicles and traffic in the
Borough.
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 Borough 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.
Nomenclature changes: Chapter 191, Trees, is amended to change "Shade Tree Commission" to "Borough Council."
C.
Throughout the Code, statutory references have been
updated or revised to the current citation.
D.
In addition, the changes, amendments or revisions
as set forth in Schedule A attached hereto and made a part hereof
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]
[1]
Editor's Note: In accordance with § 1-16D, the chapters, parts, articles and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. II. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "Amended (added, deleted) 2-26-2006 by Ord. No. 2006-2." A complete description of all changes is on file in the borough offices.
