[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown: Art I, 8-8-1988 by Ord. No. 1988-11; Art. II, 12-24-1990 by Ord. No. 1990-5. Amendments noted where applicable.]
[Adopted 8-8-1988 by Ord. No. 1988-11]
Any person, firm or corporation who shall violate any provision of any chapter or Article of the Code of the City of Bordentown or who aids, abets or assists in the violation of any provision of any chapter or Article of the Code of the City of Bordentown or who shall fail to comply with the provisions of any chapter or Article of the Code of the City of Bordentown or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit as may be required by any chapter or Article of the Code of the City of Bordentown, unless another penalty is specifically provided, shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment in the county jail, or in any place provided by the City of Bordentown for the detention of prisoners, for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge of the Municipal Court.
The continuation of any violation for successive days shall constitute a separate and distinct offense for each day, and the person, firm or corporation allowing or permitting the continuation of the violation may be punished as provided in Subsection A for each and every separate and distinct offense.
This Article shall not apply to a violation of any chapter or Article for which a specific penalty is provided for the violation of that chapter or Article nor shall this Article preclude any chapter or Article from containing a mandatory minimum penalty for the violation of that chapter or Article.
[Adopted 12-24-1990 by Ord. No. 1990-5]
The Board of Commissioners of the City of Bordentown do ordain Article II entitled "Adoption of Code" shall state as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Bordentown of a general and permanent nature, adopted by the governing body or any predecessor body, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 305, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the City of Bordentown, hereinafter 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.
All provisions of this ordinance and the Code shall be in full force and effect in accordance with the applicable provisions provided by law.
A copy of the Code in loose-leaf form has been filed in the office of the City 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 a copy shall be certified by the City Clerk of the City of Bordentown by impressing thereon the Seal of the City as provided by law, and such certified copy shall remain on file in the office of the City Clerk to be made available to persons desiring to examine the same during all times when 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 City of Bordentown 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 City Clerk of the City of Bordentown, 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 city. Sufficient copies of the Code shall be maintained in the office of the City 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 City 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 the Clerk's 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 governing body, which may also arrange, by resolution, for procedures for the periodic supplements 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 City of Bordentown to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalties contained in § 1-1.
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.
The adoption of this Code and the repeal of ordinances provided for in § 1-13 of this ordinance shall not effect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to January 1, 1990.
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 of 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, road, highway, park or other public place or 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 city's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
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.
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 may have been made in one or more of said ordinances. It is the intention of the governing body that all such changes be adopted as part of the Code as if the ordinances so changed have been previously formally amended to read as such.
The Code as printed contains a number of provisions for which revisions or deletions are necessary due to changes occurring during the time the codification was in process.
It is the intention of the governing body that the following changes or amendments be adopted herewith to become effective on the effective date of this ordinance: Ordinance No. 1989-12 as it amends Chapter 250, Taxicabs, herein.
Compiled ordinances identified. All chapters not identified are reserved for future use.
Editor's Note: The Fee Schedule, which immediately followed this subsection, was deleted 10-28-1991 by Ord. No. 1991-9. Said fees shall be established from time to time by the Board of Commissioners and are on file in the office of the City Clerk.