[Adopted 11-27-1973 by Ord. No. 1378]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Dover,[1] of a general and permanent nature, adopted by the Township Committee of the Township of Dover, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 146, excluding those chapters adopted by the Board of Health, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Toms River,” hereinafter known and referred to as the "Code."
[1]
Editor's Note: At a referendum held at the 11-7-2006 election, voters approved changing the name of this municipality from the Township of Dover to the Township of Toms River. The name change became effective 11-14-2006. References throughout this Code to the Township of Dover have been changed to the Township of Toms River, as appropriate.
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.
All provisions of this ordinance and the Code shall be in full force and effect on and after December 31, 1973.
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 Township Clerk of the Township of Toms River 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.
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 Toms River" or "Code" 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.
The Clerk of the Township of Toms River, pursuant to law, shall cause a copy of this adopting ordinance to be published in the manner required. 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 the 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 him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his 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 Township Council, which may also arrange, by resolution, for procedures for the periodic supplementation thereof. Nothing contained herein shall obligate or require the Township to make copies of the Code book available for sale to the public.
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 Toms River 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.
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.
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.
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 February 27, 1973.
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 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. 
The levy or imposition of taxes, assessments or charges.
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; and providing for holidays and vacations for employees and keeping of employment records.
L. 
Any ordinance making any change or revision in the Zoning Map.
M. 
Any ordinance regulating traffic or parking.
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 amendments are made to various ordinances, such amendments to become effective upon the effective date of this ordinance:
(1) 
Ordinance No. 1321 adopted March 13, 1973.
(a) 
Section 1 of Ordinance No. 1321 shall be amended to read as follows:
"1. Article XVIII, Section 18.03H; Article XXI, Section 21.03; Article XXII, Section 22.03; Article XXIIA, Section 22A.03B; Article XXIII, Section 23.03F; and Article XXIV, Section 24.03C, of the ordinance hereinabove entitled are amended and supplemented under the listing of `Special Uses' by the insertion in or addition to each of said sections of the following:
Trailers, excluding boat and construction trailers, used for storage (but not including loading or unloading operations) or sale of goods or merchandise or in which commercial or professional services are rendered for a period not exceeding two months. No more than one extension for reasons of hardship may be granted, except that applications for 30 days or less may be made directly to the Township Committee without payment of fees and without a showing of hardship where the granting of such application would not be detrimental to the interests of the public or in conflict with the Master Plan."
(b) 
The remaining sections of Ordinance No. 1321 shall remain in full force and effect.
[Added 1-24-1978 by Ord. No. 1713]
Unless any provision of this Code or state statute provides for a different penalty, violations of the provisions of this Code, where a penalty is set forth but not specified as to nature or amount, shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both, in the discretion of the Judge imposing same.