[HISTORY: Adopted by the Township Council
of the Township of Burlington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 20.
[Adopted 9-23-2008 by Ord. No. 08-OR-025]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Burlington of a general and permanent nature adopted by the Township Council of the Township of Burlington, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 595, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Burlington," 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 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 Clerk of the Township of Burlington 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 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 Burlington" 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 Township of Burlington, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, 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.
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 his or
her 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, or any chapter or portion
of it, may be purchased from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee authorized by the Township. The
Clerk shall also arrange for procedures for the periodic supplementation
of the Code.
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 Burlington to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one or more of the following:
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.
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
provided. In particular, the General Ordinances of the Township of
Burlington, adopted October 22, 1975, as amended and supplemented,
is hereby repealed and replaced with the Code of the Township of Burlington.
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 July 22, 2008.
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,
changes 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 Township's indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees.
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 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 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. (Chapter and section number references are to the
ordinances as they have been renumbered and appear in the Code).[1]
[1]
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-23-2008 by Ord. No. 08-OR-025." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted 5-9-1995 (Ch. I of the 1975 General Ordinances[1])]
[1]
Editor's Note: Sections 1:1, 1:2, 1:3, 1:5-7
through 1:5-10, 1:6, 1:7, second paragraph of 1:9, 1:12 and 1:13 of
Ch. I of the 1975 Code were deleted 9-23-2008 by Ord. No. 08-OR-025.
A.
Terms used in this Code, unless otherwise specifically
defined, have the meanings prescribed by the Revised Statutes of New
Jersey for the same terms.
B.
COUNCIL
COUNTY
ORDINANCES
PERSON
STATE
THIS CODE
TOWNSHIP
Terms used in this Code have the following meanings:
The Township Council.
County of Burlington.
The ordinances of the Township of Burlington and all amendments
thereto.
Any natural individual, firm, trust, partnership, association
or corporation. Whenever the word "person" is used in any section
of this Code prescribing a penalty or fine, as applied to partnerships
or associations, the word includes the partners or members thereof,
and as applied to corporations, includes officers, agents or employees
thereof who are responsible for any violations of the section. The
singular includes the plural. The masculine gender includes the feminine
and neuter genders.
State of New Jersey.
The General Ordinances of the Township of Burlington.
The Township of Burlington.
For the purposes of this revision and any other
ordinances heretofore or hereafter adopted, except as the context
may otherwise require:
A.
The present tense includes the past and future tenses
and the future, the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural,
the singular.
D.
"Shall" is mandatory and "may" is permissive.
E.
The time within which an act is to be done shall be
computed by excluding the first and including the last day, and if
the last day be a Sunday or a legal holiday, that day shall be excluded.
F.
"Writing" and "written" includes printing, typewriting,
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
A.
Reference to any section of this Code includes the
penalty section relating thereto, unless otherwise expressly provided.
B.
In case of the amendment of any chapter of this Code
containing provisions for which a penalty is provided by such chapter,
the penalty so provided shall be held to relate to amendments and
additions to the chapter and amendments to the sections contained
therein, whether reenacted in the amendatory ordinances or not, unless
such penalty is specifically repealed or amended therein.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person who violates any ordinance of the
Township of Burlington, including any provision of this Code for which
a penalty is not specifically provided, shall be subject to one or
more of the following penalties: a fine not exceeding $2,000 or imprisonment
for any term not exceeding 90 days or a period of community service
not exceeding 90 days. Failure of a Township officer to perform a
duty prescribed by this Code shall not subject such officer to any
penalty under this Code. See Appendix I.[1]
[1]
Editor's Note: Appendix I, Local Supplemental Violations Bureau Schedule, is included at the end of this chapter.
Each day a violation of this Code occurs or
continues is a separate offense.
Unless otherwise provided in this Code, this
Code shall apply to all acts performed within the corporate limits
of the Township of Burlington. Provisions of this Code shall also
apply to acts performed outside the corporate limits and up to the
limits provided by law, where the law confers power of the Township
to regulate such particular acts outside the corporate limits.
Unless another procedure is outlined by state
statute or municipal ordinance, any person aggrieved by any provisions
contained in any ordinance included within this codification shall
have such rights of appeal as are contained in the current Rules of
Court.
Any ordinance describing a municipal officer
using a term different from that generally employed in other ordinances
of the Township and in the Administrative Code[1] or any ordinance which makes reference to an official
position whose title has been changed by state law shall be deemed
to have been amended by this provision to provide for the term currently
used in other ordinances of the Township or the Administrative Code
or established by state statutes.
