Township of South Harrison, NJ Chapter 1 General Provisions

[HISTORY: Adopted by the Township Committee of the Township of South Harrison as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Code by Township Committee

[Adopted 12-27-2000 by Ord. No. 0-00-04]

§ 1-1 Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of South Harrison of a general and permanent nature adopted by the Township Committee of the Township of South Harrison, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 140, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of South Harrison," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

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.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

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 South Harrison 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.

§ 1-5 Amendments to Code.

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 South Harrison" 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.

§ 1-6 Publication; filing.

The Clerk of the Township of South Harrison, 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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

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 to be set by the Township Committee. The Clerk may also arrange for procedures for the periodic supplementation of the Code.

§ 1-9 Altering or tampering with Code; penalties for violation.

[Amended 8-9-2006 by Ord. No. 0-06-08]

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 South Harrison to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject to the penalties provided by § 1-14 of this chapter.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of adoption of this ordinance which are inconsistent with any provisions contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance. The following ordinances, and amendments thereto, are specifically repealed:

A. Ord. No. 0-1-74 concerning the Local Assistance Board.

B. Ord. No. 0-7-74 concerning the Recreation Commission.

C. Ord. No. 09-75 concerning the Board of Assessors.

D. Ord. No. 0-15-74 concerning a Code of Ethics.

E. Ord. No. 0-1-89 concerning the Chief Financial Officer.

F. Ord. No. 04-1983 concerning adult uses.

G. Ord. No. 3-1971 concerning dogs.

H. Ord. No. 0-7-76 concerning bingo.

I. Ord. No. 0-5-80 concerning farmland preservation.

J. Ord. No. 0-10-74 concerning parental responsibility.

K. Ordinance adopted 11-3-1967 concerning peace and good order.

L. Ord. No. 0-14-74 concerning sewage disposal.

M. Ord. No. 0-4-82 concerning landfills.

N. Ordinance adopted 4-7-1955 concerning irrigation pipes under roads.

O. Ord. No. 0-2-1961 concerning a trailer court code.

§ 1-13 Changes in previously adopted ordinances.

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 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 Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-27-2000 by Ord. No. 0-00-04." Schedule A, which contains a complete description of all changes, is on file in the Township offices.

C. Global changes.

(1) Violations and penalties. In the following sections, penalties have been amended or added to provide one or more of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days: §§ 4-12; 32-4; 35-12; 44-4; 48-9; 77-8; 86-21; 90-6.02; 117-7; 120-7; 132-9; 140-6A.

(2) Statutory references. Statutory references have been updated in the text to the current N.J.S.A. reference as necessary to replace repealed or outdated references.

(3) Gender-neutral language. Throughout the Code, gender-neutral language has been used, using he/she, him/her construction or substituting proper nouns for pronouns where possible. Simple conversions such as "policeman" to "police officer" and "Chairman" to "Chair" have been made.

(4) Nomenclature changes. Throughout the Code the following nomenclature changes have been made:

(a) Municipal Magistrate to Municipal Judge.

(b) Municipal Court Clerk to Municipal Court Administrator.

(c) Planning Board to Planning/Zoning Board.

(d) Township Clerk to Municipal Clerk.

(e) Treasurer to Chief Financial Officer.

Article II Penalty for Code Violations

[Adopted 8-9-2006 by Ord. No. 0-06-08]

§ 1-14 Violations and penalties; maximum fine; scope; construction.

A. Unless a specific penalty is provided by New Jersey Statute or is provided elsewhere in this Code or in other Township ordinances, any person, firm or corporation who or which shall violate any provision of this Code or any provision of any code or regulation adopted by reference therein or any order promulgated under such provision, code or regulation or by doing any act prohibited or declared unlawful or a violation thereof, 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 therefor as required, or who shall fail to do any act required by any such provision or when such provision declares such failure to be unlawful or a violation shall, upon conviction, be punishable by a fine not exceeding $2,000 or imprisonment 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 Municipal Court.

B. Unless otherwise provided, each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate and distinct offense.

C. The imposition of a fine or imprisonment as punishment for a violation of the Code or of any other ordinances of the Township shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.

D. In the event that the Judge of the Municipal Court determines to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the owner shall first be afforded a thirty-day period in which to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

E. The provisions of this section shall be applicable to the violation of any ordinance adopted as an amendment of, or addition to, the Code of the Township of South Harrison in which no other penalty provision is included.