[HISTORY: Adopted by the Township Committee of the Township of Washington:
Art. I, 11-8-1978. Amendments noted where applicable.]
GENERAL REFERENCES
General provisions, Board of Health — See Ch. 126.
[Adopted 11-8-1978]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Washington of a general and permanent nature adopted by the Township Committee, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 125, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Washington, Parts I and II," which, together with the Board of Health ordinances adopted as the "Code of the Township of Washington, Part III," and an Appendix, shall hereinafter be known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent
ordinances enacted by the Township Committee prior to the enactment of this
Code, except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
All provisions of this ordinance and the Code shall be in full force
and effect on and after final 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, upon adoption of this
ordinance, such copy shall be certified to by the Clerk of the Township of
Washington 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 the said Code is in effect.
The Clerk of the Township of Washington, 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 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.
Any and all additions, amendments or supplements to the Code, when passed
and adopted in such form as to indicate the intent of the Township Committee
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 Washington" 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 the said Code, as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-13A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone authorized and directed
by him or her, to keep up-to-date the certified copy of the book containing
the Code required to be filed in his office for use by 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 Township Committee,
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 Township of
Washington to be misrepresented thereby. Anyone violating this section or
any part of this ordinance shall, upon conviction, be punishable by a fine
of not exceeding $500 or by imprisonment for not exceeding 90 days, or both
such fine and imprisonment, in the discretion of the court.
A.
Severability of Code provisions. 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.
B.
Severability of ordinance provisions. 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 by the Township Committee 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 May 1, 1978.
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, including resolutions of January 7, 1964,
November 14, 1971, and May 10, 1972, pertaining to the Washington Cable Company,
Inc.
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 township's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
I.
Any ordinance pertaining to the levy or imposition of
taxes, assessments or charges or granting any tax exemption.
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; providing for holidays and vacations
for employees and the keeping of employment records; or providing for any
employee benefits. No matter pertaining to the appointment, employment or
termination of any employee shall be affected by this ordinance.
L.
An ordinance of June 10, 1959, as amended, establishing
specifications for road construction.
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 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.
In addition, the following changes, in the form of deletions,
amendments or additions to the original ordinances, 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)
In accordance with the statutory provisions concerning
local municipal courts, the term "Magistrate" or "Municipal Magistrate" or
other similar title is changed to "Judge" or "Judge of the Municipal Court"
wherever it may appear in the Code of the Township of Washington.
(2)
The following sections are hereby amended to provide
for penalties of a maximum fine of $500 or maximum imprisonment of 90 days,
or both, and, where applicable, that each day such violation is continued
or permitted to continue shall constitute a separate offense, and any provisions
pertaining to imprisonment for default in payment of fine are deleted.[2]
[1]
Editor's Note: The following additions, amendments and deletions were made to the Code pursuant to § 1-14B. A complete description of these changes is on file in the office of the Township Clerk.
A. The following sections were added or amended: §§ 7-1A,
27-1A, 50-2A and C, 50-3, 50-4, 53-9, 53-10, 53-11, 64-2B and C, 64-3F(1)(a)
and H, 64-4B(1), (2) and (3) and C, 64-5G(2) and (3), 64-24C, 64-25A(1) and
B(4), 64-28A(2), 66-4A, 79-10, 79-16, 94-7A, 104-2, 104-5A(4), 106-9A(1),
117-7, 117-8, 117-13, 117-15, 117-22, 117-29, 117-31 and 117-38.
