[HISTORY: Article I adopted by the Mayor
and Council of the Borough of Wanaque 9-8-1971 as Ord. No. 13-0-71,
readopted 12-27-1972 as Ord. No. 20-71-72; Article II adopted by the
Board of Health of the Borough of Wanaque 10-12-1971, readopted 12-11-1973.]
[Adopted 9-8-1971 as Ord. No. 13-0-71; readopted 12-27-1972 as Ord. No. 20-71-72]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Wanaque of a general and permanent nature, adopted by the Borough Council of the Borough of Wanaque as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
114, together with an Appendix and Index, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Wanaque, County of Passaic, New Jersey."
This ordinance shall supersede all other general
and permanent ordinances passed by the Borough Council of the Borough
of Wanaque prior to the enactment of this Code, except such ordinances
as are expressly saved from repeal or continued in force and effect
as shall hereafter be set forth by reference.
All provisions of the Code of the Borough of
Wanaque, County of Passaic, New Jersey, shall be in full force and
effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature,
adopted by the Borough Council of the Borough of Wanaque and in force
on the date of the adoption of this ordinance, and not contained in
the Code of the Borough of Wanaque, County of Passaic, New Jersey,
are hereby repealed as of the effective date of this adopting ordinance,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 §
1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right or liability established, accrued or incurred
under any legislative provision of the Borough of Wanaque prior to
the effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Borough of Wanaque or any penalty, punishment or forfeiture which
may result therefrom.
C. 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
of the Borough of Wanaque.
D. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Borough of Wanaque.
E. Any ordinance of the Borough of Wanaque 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 within the Borough of Wanaque, or any portion thereof.
F. Any ordinance or resolution of the Borough of Wanaque
appropriating money or transferring funds, promising or guaranteeing
the payment of money or authorizing the issuance and delivery of any
bond of the Borough of Wanaque, or other instruments or evidence of
the Borough of Wanaque's indebtedness.
G. Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H. The levy or imposition of taxes, assessments or charges.
I. The dedication of property or approval of preliminary
or final subdivision plats.
J. Any ordinance of the Borough of Wanaque relating to
salaries.
K. Ordinances adopted by the Board of Health.
L. Any ordinance of the Borough of Wanaque adopted subsequent
to August 11, 1971.
In compiling and preparing the ordinances of
the Borough of Wanaque for adoption and revision as part of the Code
of the Borough of Wanaque, County of Passaic, New Jersey, pursuant
to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes
were made for one or more of said ordinances. It is the intention
of the Borough Council of the Borough of Wanaque that all such changes
be adopted as part of the Code of the Borough of Wanaque, County of
Passaic, New Jersey, as if the ordinances so changed had been previously
formally amended to read as such.
A copy of the Code of the Borough of Wanaque,
County of Passaic, New Jersey, in loose-leaf form has been filed in
the office of the Borough Clerk of the Borough of Wanaque and shall
remain there for the use and examination of 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 Wanaque by impressing thereon the seal of the Borough of Wanaque,
as provided by law, and such certified copy shall remain on file in
the office of the Clerk of the Borough of Wanaque 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 of the Borough of Wanaque, County of Passaic, New Jersey,
when passed and adopted in such form as to indicate the intention
of the Borough Council to be a part thereof, shall be deemed to be
incorporated into such Code so that reference to the "Code of the
Borough of Wanaque, County of Passaic, New Jersey" shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Code of the Borough of
Wanaque, County of Passaic, New Jersey 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.
It shall be the duty of the Borough Clerk, or
someone authorized and directed by the Borough Clerk, to keep up-to-date
the certified copy of the book containing the Code of the Borough
of Wanaque, County of Passaic, New Jersey, required to be filed in
the office of the Borough Clerk for the use of the public. All changes
in said Code and all ordinances adopted by the Borough Council subsequent
to the effective date of this codification which the Borough of Wanaque
shall adopt 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
of the Borough of Wanaque, County of Passaic, New Jersey, may be purchased
from the Clerk of the Borough of Wanaque upon the payment of a fee
to be set by resolution of the Borough Council, who may also arrange
by resolution for procedures for the periodic supplementation thereof.
The Clerk of the Borough of Wanaque, 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 of Wanaque. Sufficient copies of the Code of the Borough
of Wanaque, County of Passaic, New Jersey, shall be maintained in
the office of the Borough Clerk for inspection by the public at all
times during regular office hours. The enactment and application 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.
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 section or part 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 section or part thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion thereof,
or to alter or tamper with such Code in any manner whatsoever which
will cause the law of the Borough of Wanaque 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.
Any person, firm or corporation convicted of
violating any provision of this ordinance shall be subject to a fine
not exceeding $500 or imprisonment as provided by law for not more
than 90 days, or both, in the discretion of the Judge imposing the
same.
This ordinance shall take effect immediately
after final approval and publication, according to law.
The following deletions, amendments and additions
to the ordinances of the Borough of Wanaque have been made in the
Code of the Borough of Wanaque, County of Passaic, New Jersey, and
these deletions, amendments and additions are to be given full force
and effect by this adoption of the Code:
A. Deletions.
(1) All severability, effective date and repeal of conflicting ordinance sections in all chapters (covered by blanket provisions in §§
1-3,
1-4,
1-12 and
1-13 of this article).
(2) In Chapter 64, Building Specifications, § 64-2C(2),
which permits the Building Inspector to retain 25% of all fees received.
B. Amendments.
(1) In Chapter
3, Assessors, Board of Tax:
(a)
§
3-3 is amended to delete abolition of old office of Assessor.
(b)
§
3-4 is amended to delete obsolete statutory references and provide for filling vacancies for the unexpired term.
(c)
§
3-5 is amended to make term of Secretary of Board run concurrently with term of member serving as Secretary.
(d)
§
3-8 is amended to simplify language.
(2) Chapter
6, Civil Service, is amended to rephrase descriptions of schedules and revise list of classified positions to reflect present list of borough employees.
(3) In Chapter
10, Court, Municipal:
(a)
Article
I, Establishment and Operation of Court, is amended in entirety to comply with current statutes and court rules.
(b)
In Article
II, Prosecutor of the Municipal Court, §
10-8 is amended to change the word "Magistrate" to "Judge."
(4) In Chapter
13, Fire Department:
(a)
§
13-1 is amended to allow establishment of additional fire companies.
(b)
§
13-3 is amended to increase membership limit from 35 to 40 per company.
(c)
§
13-5 is amended to require approval of new members by Mayor and Council rather than concurrence in selection.
(d)
§
13-7 is amended to allow companies and Mayor and Council to fix retirement age by agreement.
(e)
§
13-8 is amended to give senior ranking officer or member charge of Fire Department at fires and drills in absence of Chief.
(f)
§
13-15 is amended to substitute title of current Fire Prevention Code for title of previous code.
(5) In Chapter
15, Health, Board of:
(a)
§
15-1 is amended to give the Board such powers and duties as are provided by statute.
(b)
§
15-2 is amended to provide for regular and special meetings, and to stagger the expiration of terms of members.
(c)
§
15-5 is amended to allow the Council to borrow money to meet public health emergencies.
(6) In Chapter
17, Industrial Commission, §
17-3 is amended to make the Mayor an ex officio member, in accordance with statute.
(7) In Chapter
20, Local Assistance Board:
(a)
§
20-2 is amended to provide that members be appointed rather than nominated by the Mayor and approved rather than confirmed by Council, and to provide for filling of vacancies.
(b)
§
20-4 is amended to provide for appointment of a temporary Director for not more than 90 days rather than not more than five years.
(8) In Chapter
23, Pensions, §
23-1 is amended to change "volunteer firemen" to "a volunteer fireman."
(9) In Chapter
33, Police Department:
(a)
§
33-1 is amended to provide statutory reference for establishment of a Police Department.
(b)
§
33-11B is amended to permit waiver of residency requirement for members of the Police Department.
(c)
§
33-11E is amended to prohibit appointment to the Police Department of any person convicted of any indictable offense or of any crime.
(d)
§ 33-11F is amended to lower maximum
age for new members from 40 to 35 years.
(e)
§
33-21A is amended to insert the words members seeking" between "all" and "promotions."
(f)
§ 33-25C is amended to add statutory
procedure (R.S. 40:47-4.8) as alternative procedure for termination
of appointments,
(10) In Chapter 36, Purchasing Committee:
(a)
§ 36-3 is amended to require purchasing
procedures to conform to statutory requirements.
(b)
§ 36-4 is amended to allow any member
of the Purchasing Committee or the Borough Clerk to make emergency
purchases not exceeding $200 in amount.
(11) Chapter
43, Salaries and Compensation, is amended in entirety to refer to the annual Salary Ordinance without printing the list of salaries. (Salary Ordinances are saved from repeal in §
1-5J of this article.)
(12) In Chapter
47, Alcoholic Beverages:
(a)
§
47-4 is amended to prohibit sale and distribution without a valid license in effect.
(b)
§
47-5 is amended to increase the annual license fees for plenary retail consumption licenses from $270 to $300 and plenary retail distribution licenses from $150 to $165.
(c)
§
47-8C is amended to except bona fide hotels, restaurants, clubs and other establishments not having sale of alcoholic beverages as a principal business or activity from the requirement to close entirely during prohibited hours of sale.
(d)
§
47-8D is amended to amend hours referred to from obsolete daylight saving time period to prevailing time.
(e)
§
47-10 is amended to prohibit minors from consuming or being permitted to consume on licensed premises, purchasing, attempting to purchase or having others purchase for them alcoholic beverages.
(f)
§
47-12 is amended to allow lottery tickets to be sold on licensed premises as permitted by statute and the Alcoholic Beverage Control Commission.
(g)
§
47-16 is amended to increase the maximum fine from $200 to $500 and to change the words "magistrate or recorder" to "Municipal Judge."
(13) In Chapter
49, Amusement Devices and Vending Machines:
(a)
§
49-1 is amended to require licenses for vending machines.
(b)
§
49-11 is amended to prohibit devices which offer a prize or reward and to allow the police to seize devices which the Chief of Police has reason to believe are being used as gambling devices.
(c)
§
49-14 is amended to increase the maximum fine from $200 to $500.
(14)
(a)
§
53-4 is amended to revise application procedure, require certificate of fire safety and provide for character investigation of auctioneer and review of license application by Mayor and Council.
(b)
§
53-11 is amended to increase the maximum fine from $200 to $500 and to change the word "Magistrate" to "Judge."
(15) In Chapter 55, Barbershops and Beauty Parlors:
(a)
§ 55-3 is amended to require establishments
to be in compliance with applicable statutory provisions.
(b)
§ 55-4 is amended to increase the
annual license fee from $2 to $5.
(16) In Chapter
58, Bathing, Public, §
58-9 is amended to increase the maximum penalty from a fine of $10 to a fine of $500 or 90 days' imprisonment, or both.
(17) In Chapter
63, Buildings, Repair or Demolition:
(a)
§
63-1 is amended to change wording of legislative determination of the governing body.
(b)
§
63-10 is amended to increase maximum fine from $200 to $500.
(18) In Chapter 64, Building Specifications:
(a)
§ 64-1 is amended to adopt the 1970
Edition of the BOCA Basic Building Code in place of previous editions.
(b)
§ 64-2C(1) is amended to permit the
Mayor and Council to set additional fees annually.
(c)
§ 64-2C(1)(i) is amended to make the
fee for sign permits $1 for each square foot of surface (on both sides),
and to reduce the minimum fee from $25 to $10.
(d)
§ 64-2D(1) is amended to require site
plan to show access to the site over a fully improved and accepted
lot and to require floor levels, instead of flood levels, of structures
to be erected to be shown on the site plan.
(e)
§ 64-2D(2) is amended to require adequate
provisions for grading so as to avoid drainage problems on other lots
in the overall area of the affected property as well as the property
itself.
(f)
§ 64-6 is amended to delete the permit
and surety bond requirements for foundations and substitute foundation
layer requirements, sump pump pit installation requirements and wiring
and discharge piping for same in locations deemed liable to suffer
water seepage into the basement.
(19) In Chapter
66, Car Lots, Used:
(a)
§
66-1, the definition of "used motor vehicle" is amended to include vehicles from or to which parts are transferred from another vehicle.
(b)
§
66-3B, is amended to delete the word "and" between the words "borough" and "if such is the case."
(c)
§
66-11 is amended to increase the maximum fine from $200 to $500 and the maximum imprisonment from 30 to 90 days.
(20) In Chapter 69, Dogs:
(a)
In § 69-1, the definition of "dog
of licensing age" is amended to delete the words "or possesses a set
of permanent teeth."
(b)
§ 69-24 is amended to change the word
"Magistrate" to "Judge" in five places.
(c)
§ 69-25 is amended to raise the maximum fine in both Subsections
A and
B from $50 to $500.
(21) In Chapter
73, Fire Prevention:
(a)
§
73-1 is amended to adopt the 1970 Edition of the American Insurance Association Fire Prevention Code in place of the 1965 Edition as revised in 1966.
(b)
§ 73-5B is amended to change reference
for limits in which new bulk plants for flammable or combustible liquids
are prohibited from Section 16.51 to Section 16.61 of the Fire Prevention
Code.
(c)
§
73-10A is amended to increase the maximum fine from $200 to $500.
(22) In Chapter
82, Noise, §
82-5 is amended to increase the maximum fine from $200 to $500.
(23) In Chapter
87, Peddlers and Solicitors:
(a)
In Article
I, Ordinary Peddlers and Solicitors, §
87-11 is amended to increase the maximum fine from $200 to $500.
(b)
In Article
II, Ice Cream Vendors:
[1]
§
87-13 is amended to require permits and to raise the annual permit fee from $35 to $50.
[2]
§ 87-14C is amended to require proof
of having a food handler's certificate rather than the actual certificate.
[3]
§ 87-14E is amended to require proof
of having sufficient automobile liability insurance in place of "display
and have" insurance.
(24)
(a)
§
91-6 is amended to require every building in a sewer district to be connected to a public sewer.
(b)
§ 91-8A is amended to delete transite
pipe and substitute vitrified clay pipe as one class of permitted
pipe for house sewers.
(c)
§ 91-8B is amended to require that
joints for vitrified clay pipe conform to ASTM Designation C425, Type
III, and detailing said requirement.
(d)
§ 91-39 is amended to increase the
maximum fine from $200 to $500.
(25) In Chapter
94, Soil Removal:
(a)
§
94-5A(9) is amended to require the governing body to consider whether or not a proposed removal is necessary and incidental to the development of the property for its permitted use rather than its intended use.
(b)
§
94-7C is amended to require submission to the Borough Clerk on a daily basis a signed copy of the delivery receipt for each truckload of material removed.
(c)
§
94-12 is amended to set forth detailed conditions for permits, including grading, replacement and landscaping requirements, provisions for default of permits, designation of the Borough Engineer as enforcing officer, requirement that streets be kept free of dirt resulting from the removal operation and prohibiting the removal of the top layer of arable soil for a depth of six inches.
(d)
§
94-15 is amended to increase the maximum fine for violations from $200 to $500.
(26) In Chapter
96, Streets and Sidewalks:
(a)
In Article
I, Street and Sidewalk Specifications:
[1]
§
96-1 is amended to substitute a revised list of definitions.
[2]
§
96-2 is amended to revise street, layout specifications generally.
[3]
§
96-2A is further amended to increase the minimum right-of-way widths for collector streets from 50 feet to 60 feet.
[4]
§
96-2E is further amended to add construction specifications for streets having a right-of-way width of 60 feet.
[5]
§
96-3A(3)(b) is amended to permit rolling of macadam foundation courses in streets to a minimum thickness of four inches or as specified.
[6]
§
96-3B(3)(h) is amended to increase the minimum final compacted thickness of the bituminous concrete binder course on streets from 1 1/2 or two inches to two or three inches, as specified in the state minimum standards of roadway construction.
[7]
§
96-6 is amended to revise minimum dimensions of curbs.
[8]
§
96-9 is amended to increase the maximum fine from $200 to $500.
(b)
In Article
II, Street and Sidewalk Excavations:
[1]
§
96-14F is amended to provide that security deposits be conditioned upon repair of sidewalks as well as streets excavated.
[2]
§
96-18 is amended to require that excavated sidewalks be replaced to the original width with concrete according to specifications set forth in §
96-7.
[3]
§
96-25 is amended to increase the maximum fine from $200 to $500.
(c)
In Article Ill, Street and Sidewalk Regulations, §
96-35 is amended to increase the maximum fine from $200 to $500 and to change the word "magistrate(s)" to "Municipal Judge(s)" in two places.
(d)
In Article IV, Removal of Snow and Weeds from Sidewalks, §
96-36 is amended to increase the time limit for removal of ice and snow from 12 hours to 24 hours.
(27) In Chapter
98, Subdivision of Land:
(a)
§
98-5B is amended to add a minimum fee of $75 for submission of sketch plats.
(b)
§ 98-6A is amended to increase the
number of black-on-white prints of the preliminary plat required to
be submitted from eight to 12, and to delete the additional fee of
$25 for a minor subdivision preliminary plat submission.
(c)
§ 98-7A is amended to require the
execution of a Developer's Agreement between the borough and the owner
or subdivider, detailing all public improvements to be made, and secured
by a cash performance bond of 25% of the cost of construction of the
improvements and a surety bond for the remainder, and requiring in
addition payment of an administration fee of 7 1/2% of the estimated
cost of construction.
(d)
§ 98-8A is amended to require that
12 copies of the final plat be submitted.
(e)
§ 98-11B is amended to require square
foot area of all lots to appear on final plats.
(f)
§ 98-17D(1), (2) and (3) are amended
to refer to the current Streets and Sidewalks Ordinance.
(g)
§ 98-17D(1) is further amended to
increase the right-of-way width for collector streets from 50 feet
to 60 feet.
(h)
§
98-24A is amended to increase the maximum fine from $200 to $500.
(28) Chapter
101, Taxicabs, is amended in its entirety (except that fees for licenses and number of licenses are not changed in amount).
(29) In Chapter
103, Telephone Communication, Direct:
(a)
§
103-1 is amended to add the words "operating an establishment which is" to the description of persons and corporations required to maintain communications.
(b)
§
103-5 is amended to substitute the words "Municipal Judge" for the word "Magistrate."
(30) In Chapter
111, Water use, §
111-33 is amended to increase the maximum fine from $100 to $500 and the maximum imprisonment from 60 to 90 days.
(31) Chapter
114, Zoning, is amended in its entirety and readopted including the "Zoning Map of the Borough of Wanaque" which accompanies the text.
C. Additions.
(1) In Chapter
3, Assessors, Board of Tax, a new §
3-7, Supplying of information to applicants for zoning variances, is added.
(2) New Chapter
5, Civil Defense Agency, is added.
(3) New Chapter
29, Personnel Regulations, is added.
(4) In Chapter
38, Records, Fees for Certification of Public:
(a)
A new § 38-1D is added, establishing
a charge of $40 for a loose-leaf volume of the Code of the Borough
of Wanaque, with separate copies of all supplements for that volume.
(b)
A new § 38-1E is added, establishing
a charge of $50 for a loose-leaf volume of the Code of the Borough
of Wanaque, with the supplemental pages inserted in their proper places
and the volume compared with the official copy and certified.
(c)
A new § 38-1F is added, establishing
a charge of $20 per year for a copy of the supplements to the Code
of the Borough of Wanaque.
(5) New Chapter
51, Assemblies, Mass, is added.
(6) New 62, Buildings, Moving of, is added.
(7) In Chapter 64, Building Specifications:
(a)
A new § 64-2E is added, requiring
that all driveways (for new buildings) have a hard-surface pavement
of either an asphalt concrete surface or a poured concrete surface.
(b)
A new § 64-9 is added, listing improvements
required before a certificate of occupancy is issued, and providing
for waivers.
(8) In Chapter
66, Car Lots, Used, new Subsections
H, requiring vehicles to be capable of being put in an operable condition within 24 hours, and I, prohibiting licensees, except in connection with garages and similar facilities in enclosed buildings, from conducting automobile repair or parts supply businesses, are added to §
66-6.
(9) A new Chapter
71, Dwellings Unfit for Human Habitation, is added.
(10) A new Chapter
75, Housing Inspections, is added.
(11) A new Chapter
78, Library, Municipal, is added.
(12) In Chapter
85, Peace and Good Order, a new §
85-4, Violations and penalties, is added.
(13) In Chapter
87, Peddlers and Solicitors, Article
II, Ice Cream Vendors, a new §
87-18, Violations and penalties, is added.
(14) A new Chapter
92, Shade Trees, is added.
(15) A new Chapter
93, Soil Erosion and Sediment Control, is added.
(16) In Chapter
94, Soil Removal:
(a)
A new §
94-4A(8) is added, requiring applicants for permits to disclose the name and address of the person having direct charge or supervision over the soil removal operation.
(b)
New §
94-5A(9),
(10),
(11) and
(12) are added, requiring the governing body, in considering permit applications, to evaluate the effect of the proposed soil removal operation upon the possible creation of nuisances, development of adjacent properties and neighborhoods, existing watercourses and creation of sharp declivities, pits or depressions.
(17) In Chapter
96, Streets and Sidewalks:
(a)
A new §
96-3, Street construction specifications, is added.
(b)
A new §
96-4, Maintenance of uncompleted streets; stormwater drainage design standards, is added.
(c)
A new §
96-14A(4) is added, adding an excavation permit application fee of $1.25 per square yard of surface for a concrete, bituminous concrete or slate slab sidewalk.
(18) In Chapter
98, Subdivision of Land:
(a)
A new § 98-10J is added, requiring
submission of plans and specifications for soil erosion and sediment
control on the preliminary plat.
(b)
A new § 98-11O is added, requiring
a master lot grading plan on the final plat and detailing same.
(c)
A new § 98-12C is added, setting forth
street cleanliness requirements and general cleanup of site requirements
for subdividers.
(19) A new Chapter
99, Swimming Pools, is added.
(20) A new Chapter
106, Vehicles, Abandoned, is added.
(21) A new Chapter
108, Vehicles and traffic, is added.
[Adopted 10-12-1971; readopted 12-11-1973]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Wanaque of a general and permanent nature, adopted by the Board of Health of the Borough of Wanaque as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters
117 through
139, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Wanaque, County of Passaic, New Jersey."
This ordinance shall supersede all other general
and permanent ordinances passed by the Board of Health of the Borough
of Wanaque prior to the enactment of this Code, except such ordinances
as are expressly saved from repeal or continued in force and effect
as shall hereafter be set forth by reference.
All revisions of the Code of the Borough of
Wanaque, County of Passaic, New Jersey, shall be in full force and
effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature,
adopted by the Board of Health of the Borough of Wanaque and in force
on the date of the adoption of this ordinance, and not contained in
the Code of the Borough of Wanaque, County of Passaic, New Jersey,
are hereby repealed as of the effective date of this adopting ordinance,
except as hereinafter provided.
The repeal provided for in §
1-21 of this ordinance shall not affect:
A. Any offense or act committed or done or any penalty
or forfeiture incurred or any contract or right established or accruing
before the effective date of this ordinance.
B. Any prosecution, action, suit or other proceeding
pending or any judgment rendered on or prior to the effective date
of this ordinance.
C. Any provision of an ordinance or resolution of the
Board of Health of the Borough of Wanaque creating employments, positions
or offices and fixing duties therefor which are not provided in the
Code hereby adopted and which are not in conflict or inconsistent
therewith.
D. Any ordinances of the Borough of Wanaque adopted subsequent
to September 14, 1971.
In compiling and preparing the ordinances of
the Borough of Wanaque for adoption and revision as part of the Code
of the Borough of Wanaque, County of Passaic, New Jersey, pursuant
to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes
were made for one or more of said ordinances. It is the intention
of the Board of Health of the Borough of Wanaque that all such changes
be adopted as part of the Code of the Borough of Wanaque, County of
Passaic, New Jersey, as if the ordinances so changed had been previously
formally amended to read as such.
A copy of the Code of the Borough of Wanaque,
County of Passaic, New Jersey, in loose-leaf form, has been filed
in the office of the Borough Clerk of the Borough of Wanaque and shall
remain there for the use and examination of 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 Secretary of the Board
of Health of the Borough of Wanaque by impressing thereon the seal
of the Borough of Wanaque, as provided by law and such certified copy
shall remain on file in the office of the Secretary of the Board of
Health of the Borough of Wanaque 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 of the Borough of Wanaque, County of Passaic, New Jersey,
when passed and adopted in such form as to indicate the intention
of the Board of Health to be a part thereof, shall be deemed to be
incorporated into such Code, so that reference to the "Code of the
Borough of Wanaque, County of Passaic, New Jersey," shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Code of the Borough of
Wanaque, County of Passaic, New Jersey, 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.
It shall be the duty of the Secretary of the
Borough Board of Health, or someone authorized and directed by the
Secretary of the Borough Board of Health, to keep up-to-date the certified
copy of the book containing the Code of the Borough of Wanaque, County
of Passaic, New Jersey, required to be filed in the office of the
Secretary of the Borough Board of Health for the use of the public.
All changes in said Code and all ordinances adopted by the Board of
Health subsequent to the effective date of this codification which
the Borough of Wanaque shall adopt 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.
The Secretary of the Board of Health of the
Borough of Wanaque, 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 of Wanaque. Sufficient copies
of the Code of the Borough of Wanaque, County of Passaic, New Jersey,
shall be maintained in the office of the Borough Clerk for inspection
by the public at all times during regular office hours. The enactment
and application 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.
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 part thereof, to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other section or part 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 section or part thereof.
Any person, firm or corporation convicted of
violating any provision of this ordinance shall be subject to a fine
of not less than $5 nor more than $500 for each violation, as provided
by law.
This ordinance shall take effect immediately
after final approval and publication, according to law.
The following deletions, amendments and additions
to the Board of Health ordinances of the Borough of Wanaque have been
made in the Code of the Borough of Wanaque, County of Passaic, New
Jersey, and these deletions, amendments and additions are to be given
full force and effect by this adoption of the Code.
A. Deletions.
(1) All severability, effective date and repeal of conflicting ordinance sections in all chapters (covered by blanket provisions in §§
1-20,
1-28,
1-29 and
1-31 of this article).
B. Amendments.
(1) In Chapter
120, Garbage and Rubbish:
(a)
§
120-4A is amended to add plastic pails as an acceptable type of garbage receptacle.
(b)
§
120-8 is amended to revise the penalty to a fine of not more than $500 nor less than $5 and to delete alternative imprisonment.
(2) In Chapter 128, Plumbing:
(a)
§ 128-1 is amended in full to read
as follows: "Certain documents, three copies of which are filed in
the office of the Secretary of the Board of Health of the Borough
of Wanaque, marked and designated as Part E of the Standard Building
Code of New Jersey, adopted and approved by the State Department of
Health November 16, 1964, pursuant to the Laws of New Jersey, Chapter
275, P.L. 1948 (N.J.S.A. 26:3-31.1 to 31-3), and including all amendments
duly promulgated to date by the State Department of Health, and specifically
including certain amendments to Section 3.4, E-400, E-500, E-600,
E-900, E-1000 and E-1100, duly promulgated by the Commissioners of
the Departments of Community Affairs and , Health on September 29,
1971, substantially as proposed in the notice published September
9, 1971, at 3 New Jersey Register 175(d), said amendments promulgated
September 29, 1971, permitting and regulating in detail the use of
polyvinyl chloride (PVC) and acrylonitrile-butadiene-styrene (ABS)
plastic drain, waste and vent pipe and fittings, and prohibiting the
use of wrought-iron pipe, be and the same is hereby adopted as the
Plumbing Code of the Borough of Wanaque, State of New Jersey, regulating
the installation, construction, enlargement, equipment, repair, removal,
demolition, conversion and use of plumbing in all buildings and structures
of the State of New Jersey, providing penalties, conditions and terms
prepared pursuant to the Laws of the State of New Jersey, Chapter
275, P.L. 1948, three copies of which are on file in the office of
the Secretary of the Board of Health of the Borough of Wanaque, are
hereby referred to, adopted and made a part hereof as if fully set
out in this chapter.
(b)
§ 128-4 is amended to revise the penalty
to a fine of not more than $500 nor less than $5 and to delete alternative
imprisonment.
(c)
§ 128-6 is amended to add a provision
exempting persons, firms or corporations licensed in accordance with
the State Plumbing License Law of 1968 (N.J.S.A. 45:14C) from the
requirement to obtain a license.
(3) In Chapter
130, Retail Food Handling:
(a)
§§
130-2 and
130-3 are amended to adopt the Retail Food Handling Establishment Code of New Jersey (1965) in place of the Retail Food Handling Establishment Code of New Jersey (1952).
(b)
§ 130-4D is amended to increase the
annual license fee for persons conducting itinerant retail food handling
establishments from $10 to $20.
(c)
§
130-5 is amended to increase the minimum fine from $2 to $5 and the maximum fine from $100 to $500.
(4) In Chapter
133, Sanitation Standards:
(a)
§
133-28 is amended to change the penalty for holding public funerals of persons dead of certain diseases from a fine not to exceed $50 to a fine of not less than $5 nor more than $500.
(b)
§ 133-64C is amended to change the
penalty for distributing or selling milk or cream without a license
from a fine not to exceed $50 to a fine of not less than $5 nor more
than $500.
(c)
§ 133-85B is amended to provide that the fee for licenses for privy vaults or other places used for the reception of human excrement shall be as provided by § 135-11 of Chapter
135, Sewage Disposal Systems, Individual, of the Code of the Borough of Wanaque, New Jersey.
(d)
§
133-119, requiring permits for dog kennels and setting the fee therefor, is hereby repealed (superseded by § 69-10 of the Code of the Borough of Wanaque).
(e)
§
133-126B is amended to change the minimum fine of $2 to $5 and the maximum fine of $200 to $500.
(5) In Chapter
135, Sewage Disposal Systems, Individual:
(a)
§§
135-2 and
135-3 are amended to adopt the Individual Sewage Disposal System Code of New Jersey (1963) in place of the Individual Sewage Disposal System Code of New Jersey (1953).
(b)
§ 135-8 is amended to change the piping
material requirements for house sewers to cast iron or vitrified clay
with joints conforming to ASTM Designation C425, Type III.
(c)
§ 135-19A is amended to increase the
maximum penalty from a fine of $100 to a fine of $500, and to change
the reference from the Individual Sewage Disposal System Code of New
Jersey (1953) to the Individual Sewage Disposal System Code of New
Jersey (1963).
C. Additions.
(1) A new Chapter
117, Dry-cleaning Establishments, is added, adopting the provisions of the Coin-Operated Dry-Cleaning Establishment Code of New Jersey (1962) and providing for the enforcement thereof.
(2) A new Chapter 119, Food and Beverage Vending Machines, is added, providing for the licensing of such machines at an annual permit fee of $25 per business and annual license fees of $5 per machine and $10 per vehicle used, as Article
I of said chapter, and adopting the provisions of the Food and Beverage Vending Machine Code of New Jersey (1961), and providing for the enforcement thereof, as Article
II of said chapter.
(3) A new Chapter
123, Housing Standards, is added, adopting the provisions of the State Housing Code of New Jersey (1962), and providing for the enforcement thereof.
(4) A new Chapter
125, Littering, is added, prohibiting various types of littering and providing for the enforcement thereof.
(5) A new Chapter
127, Nuisances, Health, is added, adopting the provisions of an act to regulate nuisances affecting health, being N.J.S.A. 26:3B-1 to 17, inclusive, and providing for the enforcement thereof, as Article
I of said chapter, and adopting the provisions of the Public Health Nuisance Code of New Jersey (1953), and providing for the enforcement thereof, as Article
II of said chapter.
(6) In Chapter
130, Retail Food Handling, a new Subsection G, prohibiting itinerant retail food handlers from conducting business within 200 feet of any established retail food handling premises, is added to §
130-4.
(7) A new Chapter 132, Sanitary Regulations is added,
adopting the provisions of the New Jersey State Sanitary Code, and
providing for the enforcement thereof.
(8) A new Chapter 136, Solid Waste, is added, adopting
the provisions of the Solid Waste Code of New Jersey (1959), and providing
for the enforcement thereof.
(9) A new Chapter
137, Swimming Pools, Public, is added, adopting the provisions of the Swimming Pool Code of New Jersey (1970), and providing for the enforcement thereof.
(10) A new Chapter
138, Water Supplies, Individual and Semipublic, is added, adopting the provisions of the Individual and Semipublic Water Supply Code of New Jersey (1966), and providing for the enforcement thereof.
(11) A new Chapter
139, Weed Control, is added, adopting the provisions of the Weed Control Code of New Jersey (1953), and providing for the enforcement thereof.