Township of Alloway, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Alloway of a general and permanent nature adopted by the Township Committee, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 117, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Alloway" and shall hereinafter be 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 by the Township Committee 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.

All provisions of this ordinance and the Code shall be in full force and effect on and after December 30, 1976.

§ 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 Alloway 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.

§ 1-5 Publication; filing.

The Clerk of the Township of Alloway, 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 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.

§ 1-6 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 Alloway" 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.

§ 1-7 Inclusion of new legislation prior to adoption of Code.

All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-13A and prior to the effective date of this ordinance given in § 1-3 are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.

§ 1-8 Code book to be kept up-to-date.

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 use by 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.

§ 1-9 Sale of Code book.

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 Committee, which may also arrange, by resolution, for procedures for the periodic supplementation thereof.

§ 1-10 Altering or tampering with Code; penalties for violations.

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 Alloway to be misrepresented thereby. Anyone violating this section or part of this ordinance shall, upon conviction, be punishable by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, in the discretion of the court.

§ 1-11 Severability.

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.

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 Repeal of ordinances.

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.

§ 1-13 Ordinances saved from repeal.

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.

Any ordinance adopted subsequent to June 10, 1976 (Ordinance No. 150).

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 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.

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 or obligation.

The levy or imposition of taxes, assessments or charges.

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

Any ordinance regulating traffic or parking.

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.

Ordinance No. 24, adopted May 10, 1951, as amended, relating to building construction.

Ordinance No. 55, adopted April 14, 1960, as amended, relating to land subdivision.

Ordinance No. 31, adopted May 14, 1953, as amended, relating to zoning regulations, and any amendment to the Zoning Map adopted by said ordinance.

Ordinance No. 28, adopted May 8, 1952, as amended, relative to the establishment of a Planning Board.

§ 1-14 Changes in previously adopted ordinances.

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.

In addition, the following changes, amendments or revisions 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)

In accordance with the statutory provisions concerning local municipal courts, the term "Magistrate" or "Municipal Magistrate" or other similar title is changed to "Judge" or "Judge of the Municipal Court" wherever it may appear in the Code of the Township of Alloway.

[1]

Editor's Note: A complete description of each of the following amendments is on file in the offices of the Township Clerk.

A. The following Code penalty sections were amended or added pursuant to § 1-14B: §§ 40-7, 49-10, 55-3B, 58-10, 58-17, 72-20, 74-6, 77-4, 87-10, 99-5 and 99-9.

B. The following other Code sections were amended or added pursuant to § 1-14B: §§ 49-6A, 58-1, 58-3C, 72-19, 77-3, 87-3F and G, 87-5E and 87-9.

C. The following original sections were repealed: Sections 1, 4, 5, 6 and 7 of Ord. No. 4, adopted 6-4-1940; Section 9 of Ord. No. 48, adopted 12-23-1958; and Section (b) of Ord. No. 116, adopted 10-11-1973.

Article II Ordinances Adopted During Codification

[During the process of codification, certain new ordinances were adopted by the Township Committee for inclusion in the Code of the Township of Alloway. Such new enactments are noted in the histories of individual chapters by the phrase "Adopted . . . during codification; see Ch. 1, General Provisions Art. II."

During the course of normal supplementation, specific dates of adoption will be inserted where pertinent in the text of the various chapters.

The enumeration appearing below lists each chapter and, where applicable, each Article affected by any such legislation adopted during codification, along with specific dates of adoption.]

Chapter and Article		Ordinance No./Adoption Date
Chapter 18, Officers and Employees		Ord. No. 158/12-30-1976
	Article III, Attorney
	Article IV, Tax Collector	Ord. No. 152/11-11-1976
	Article V, Deputy Treasurer	Ord. No. 151/11-11-1976
Chapter 24, Police Department		Ord. No. 157/12-30-1976
Chapter 79, Loitering		Ord. No. 156/12-30-1976
Chapter 89, Posters and Election Signs		Ord. No. 155/12-30-1976
Ch. 99, Streets and Sidewalks		Ord. No. 154/12-30-1976
	Article III, Street Excavations and Openings