Township of Bloomfield, NJ Adoption of Code by Township Council

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Bloomfield of a general and permanent nature adopted by the Township Council of the Township of Bloomfield, as revised and codified and consisting of Chapters 1 through 562, together with an Appendix, are hereby approved, adopted, ordained and enacted as Parts I and II of the Code of the Township of Bloomfield, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 2008 Code of the Township of Bloomfield, as amended and supplemented.

§ 1-2 Code on file; additions and amendments.

A copy of the Code 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. Following adoption of this ordinance, such copy shall be certified to by the Clerk of the Township of Bloomfield 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 Township Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.

Additions or amendments to the Code, when adopted in such form as to indicate the intent of the Township Council 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 Bloomfield" shall be understood and intended to include such additions and amendments.

§ 1-3 Notice; publication.

The Clerk of the Township of Bloomfield shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Township Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-4 Severability.

Each section of this ordinance and 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 sections or parts thereof.

§ 1-5 Repealer.

Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township of Bloomfield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

The following ordinances have been excluded from the Code and are specifically repealed:

(1)

Chapter 31, Electrical Services, Division of, of the 2008 Code, adopted 11-19-1962, as amended.

(2)

Chapter 88, Residency Requirements, Art. I, Fire and Police Departments, of the 2008 Code, adopted 12-20-1976, as amended 7-11-1994.

(3)

Chapter 128, Amusement and Amusement devices, Art. IV, Carnivals and Circuses, of the 2008 Code, adopted 11-19-1962.

(4)

Chapter 144, Brush, Grass and Weeds, of the 2008 Code, adopted 11-19-1962, as amended.

(5)

Chapter 185, Cruising, of the 2008 Code, adopted 8-8-1988.

(6)

Chapter 196, Drug Paraphernalia, adopted 4-2-1979, as amended.

(7)

Chapter 201, Dry-Cleaning and Dry-Dyeing Establishments, adopted 11-19-1962, as amended 11-2-1987.

(8)

Chapter 211, Dwellings, Unfit, adopted 11-19-1962, as amended.

(9)

Chapter 217, Fees, Art. I, Escrow Fees, adopted 4-18-1988, as amended 10-4-1999.

(10)

Chapter 264, Fortune-Telling, adopted 11-19-1962, as amended 11-2-1987.

(11)

Chapter 404 Art. II, Lewdness, of the 2008 Code, adopted 11-19-1962, as amended 11-2-1987.

(12)

Chapter 491, Art. I, Recycling of Newsprint, of the 2008 Code, adopted 12-20-1976, as amended.

(13)

Chapter 582, Air Pollution, of the 2008 Code adopted 12-1-1976, as amended.

(14)

Chapter 596, Boarding Homes for Children, of the 2008 Code, adopted 12-1-1976, as amended.

§ 1-6 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to October 8, 2021.

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.

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.

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.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

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.

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.

Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.

The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.

The dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance adopting or amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-7 Changes in previously adopted ordinances.

In preparing the revision and codification of the Township's ordinances pursuant to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Township Council that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.

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.[1] (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)

[1]

Editor's Note: In accordance with § 1-7B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-18-2022 by Ord. No. 22-48." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

Throughout the Code, gendered terms, including but not limited to "he," his," "him," and "he/she," are changed to nongendered terms, such as "they," "their," or "them," or to definite nouns, such as "the Chief" or "the Administrator," as contextually appropriate.

Throughout the Code, any references to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., are amended to refer to N.J.S.A. 2A:58-10 et seq.

Nomenclature changes. Throughout the Code, the following titles have been updated as follows:

(1)

The term "Councilman" is changed to "Council Person."

(2)

The terms "Chairman" and "Chairperson" are changed to "Chair."

(3)

The term "Collector-Treasurer" is changed to "Collector."

(4)

The terms "Department of Public Works" and "Department of Public Works and Parks" are changed to "Department of Public Works and Park Maintenance."

(5)

The term "Department of Recreation" is changed to "Department of Parks, Recreation and Cultural Affairs.

(6)

The following terms are all changed to "Community Development Department": "Building Department," "Construction Department," "Department of Inspections," "Community Development and Inspections Department," and "Community Development and Inspections Division."

(7)

The term "Garden Committee" is changed to "Community Garden Committee."

(8)

The terms "Safety/Training Officer" and "Training Officer" are changed to "Training/Safety Officer."

(9)

The term "Parking Authority" is changed to "Parking Utility."

(10)

The term "Construction Code Official" is changed to "Construction Official."

(11)

The terms "Department of Health" and "Department of Health and Welfare" are changed to "Department of Health and Human Services."

(12)

The term "man-made" is changed to "human-made."

§ 1-8 Titles and headings; editor's notes.

Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.

§ 1-9 Altering or tampering with Code; violations and penalties.

It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Township of Bloomfield to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to one or more of the following penalties: 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.

§ 1-10 When effective.

This ordinance shall take effect immediately upon final passage and publication as provided by law.

§ 1-11 through § 1-14. (Reserved)