[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverdale as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-21-1992 by Ord. No. 4-92]
Pursuant to N.J.S.A. 40:49.4, the ordinances of the Borough of Riverdale of a general and permanent nature adopted by the Mayor and Council of the Borough of Riverdale, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 171, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Riverdale," 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 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 Riverdale 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 Riverdale" 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 Riverdale, 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 the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
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 Riverdale to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than $1,000 or
to 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
saved from repeal.
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 December 30, 1991.
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.
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.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance regulating vehicles and traffic in the
Borough of Riverdale.
M.
Any ordinance relating to the licensing of autobuses.
N.
Any ordinance relating to zoning or to Zoning Map
changes.
O.
Ordinance No. 14-77, adopted 11-15-1977, providing
for a telephone company franchise.
P.
Any legislation pertaining to a revenue sharing program.
Q.
Ordinance No. 12, adopted 6-29-1937, an ordinance
to provide for the licensing of dog kennels.
R.
Ordinance No. 1-74, adopted 5-21-1974, pertaining
to the Joint Solid Waste Management Authority.
S.
Ordinance No. 1-76, adopted 2-3-1976, pertaining to
an interlocal services agreement.
T.
Ordinance No. 3-81, adopted 3-1-1982, pertaining to
the Municipal Treasurer.
U.
Ordinance No. 2-84.
V.
Ordinance No. 5-86 pertaining to the readoption of
the Zoning Ordinance by reference.
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]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections were added or amended: §§ 16-3, 31-2, 70-8, 73-16, 75-7, 78-4, 83-4, 89-7, 92-5, 108-28, 112-3, 112-6, 119-4, 123-5, 123-9, 126-39, 130-15, 134-13, 136-27B, 137-5, 140-15, 143-5, 147-4, 147-21, 147-24, 147-28, 152-35, 155-5, 157-11 and 164-26. A complete description of each change may be found in Ord. No. 4-92 on file in the office of the Borough Clerk.
[1]
Editor's Note: This ordinance was adopted
as Ch. 162 of the Code and renumbered for codification purposes.
In addition to such other sanctions made and
provided by law, a violation of any ordinance as set forth in the
Borough of Riverdale Municipal Code shall be punishable by a fine
of not less than $100 nor to exceed $2,000 or imprisonment for a term
not exceeding 90 days or a period of community service for not more
than 90 days, or any combination thereof, except that violations of
housing or zoning codes shall be punishable by a fine of not less
than $100 nor to exceed $1,250 or imprisonment for a term not exceeding
90 days or a period of community service for not more than 90 days,
or any combination thereof.
Any person who is convicted of violating a provision
of any ordinance as set forth in the Borough of Riverdale Municipal
Code 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 the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, and shall be calculated separately from
the fine imposed for the ordinance violation.
