[HISTORY: Adopted by the Township Committee of the Township of Pennsauken
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-30-2002 by Ord. No. 02-32]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Pennsauken of a general and permanent nature adopted by the Township Township Committee of the Township of Pennsauken, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 308, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Township of Pennsauken,” hereinafter known and referred to as the “Code.”
This ordinance and the 2002 Code shall supersede the 1977 Code 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 Township 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 Township of
Pennsauken by impressing thereon the Seal of the township, as provided by
law, and such certified copy shall remain on file in the office of the Clerk
of the township, 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 Township of Pennsauken”
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 Township of Pennsauken, pursuant to law, shall cause
this Adopting Ordinance to be published, in the manner required, in a newspaper
of general circulation in the township. 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 Township Township Committee. The Clerk may also arrange
for procedures for the periodic supplementation of the Code.
[Amended 7-25-2007 by Ord. No. 2007-26]
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 Township of
Pennsauken 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 $2,000, 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.
A.
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.
B.
Police Department Rules and Regulations, as attached
as Exhibit A of Ord. No. 1071, as amended.
C.
Annual fees ordinances.
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 12-19-2001.
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 township'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 ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
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 Township Township Committee 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.
Global changes.
(1)
The following nomenclature changes have been made in
Parts I and II of the Code:
(a)
Department of the Treasury to Division of Local Finance
in the Department of Community Affairs
(b)
Superintendent of Highways to Superintendent of Public
Works
(c)
Building Inspector to Construction Official
(d)
Department of Environmental Protection and Energy to
Department of Environmental Protection
(e)
Staff Engineer to Township Engineer
(2)
Penalties. In the following sections, penalties have been amended or added to provide that violators shall be subject to one or more of the following: a fine not exceeding $1,250 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge: §§ 84-4, 88-6, 91-5A, 94-9B, 94-17, 97-10, 101-18, 101-21, 101-25, 105-12, 111-4, 118-5, 122-7, 128-3, 135-9, 141-16B, 141-55B, 141-112, 146-4, 159-3, 166-8, 175-11, 175-15, 181-5, 184-14, 188-8, 197-12D, 198-2A, 200-7, 204-17, 207-8, 207-11, 210-5, 215-11A, 218-4, 222-10, 226-5, 226-8, 233-14, 237-5, 240-14, 243-5, 243-8, 247-3, 251-12, 251-27A, 251-31, 256-2, 256-6, 260-6, 269-3, 269-13, 273-7, 273-16B, 273-23, 280-15, 284-11, 288-12, 292-14, 296-6B, 302-6.[1]
(3)
Statutory references. Throughout the Code statutory references
have been updated to the current applicable statute using the “N.J.S.A.”
reference in the citation.
(4)
Gender-neutral language. The ordinances included in the
Code have been revised to make the wording gender-neutral. In most cases the
addition of “her,” “hers” and “she” accomplished
gender-neutrality. In some cases, rewording of the section was necessary to
avoid awkward construction or terms using “man” or “men”
were revised to refer to “person.” In future supplementation of
the Code, the practice of revising ordinances to make them gender-neutral
shall be continued by the codifier.
C.
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.)[2]
[2]
Editor’s Note: In accordance with § 1-14C, the chapters, articles and sections which were amended, added or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 12-30-2002 by Ord. No. 02-32.” Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted 7-25-2007 by Ord. No. 07-26]
A.
Unless a specific penalty is provided by New Jersey statute or
is provided elsewhere in this Code or in other ordinances of the Township
for a particular violation and noted therein that the penalty provision is
specifically an exception from this general provision, 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, 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.
B.
In any case, the Court making a determination of a violation
of the Code of the Township or ordinances thereof or orders issued pursuant
thereto shall have the discretion to impose any permissible penalty and suspend
same, in whole or in part, pending remedial action within such time as the
Court may deem appropriate.
C.
All ordinances contrary to the provisions of this ordinance are
hereby repealed to the extent that they are inconsistent herewith.
D.
This ordinance shall take effect upon passage and publication
according to law.
