Township of Liberty, NJ General Provisions

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Liberty of a general and permanent nature adopted by the Township Committee of the Township of Liberty, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 105, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Liberty," 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 Liberty 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.

In addition, a true copy of the Code shall be placed on the Internet by the Township Clerk for the use and examination of the public at the Township website address of libertytownship.org under the caption of generalcode.com.

[Added 12-6-2012 by Ord. No. 12-04]

§ 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 Liberty" 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.

[Amended 12-6-2012 by Ord. No. 12-04]

The Clerk of the Township of Liberty, 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. A master copy of the Code book shall be kept in the office of the Clerk and shall be made available for the use and examination of the public during the regular business hours of the Clerk. The enactment and publication of this adopting ordinance coupled with the availability of the master copy of this 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.

[Amended 12-6-2012 by Ord. No. 12-04]

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 that office for the use of the public as well as to periodically update the true copy of the Code published on the Internet as required by § 1-4. 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 in the Code 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. In addition, the Clerk shall, immediately upon adoption of a new ordinance, post a copy of the newly adopted ordinance on the Liberty Township website as required in § 1-4.

It shall be the policy of Liberty Township to have the printed supplements to the Code referenced in the preceding Subsection A published once each year no later than March of the subsequent calendar year.

§ 1-8 (Reserved) [1]

[1]

Editor’s Note: Former § 1-8, Sale of Code book, was repealed 12-6-2012 by Ord. No. 12-04.

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

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 Liberty to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. in the discretion of the Judge imposing the same.

§ 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 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 October 6, 1986.

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 of grade, changing of 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.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance regulating vehicles and traffic in the Township of Liberty.

§ 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.

Whenever in the various pieces of township legislation included in the Code the term "Building Inspector" appears, it will be amended to read "Construction Official."

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)

The sections listed below, which impose penalties for violations of the chapters or Articles involved, are amended herewith to provide for a fine not exceeding $1,000 or for imprisonment for not more than 90 days, or both, with the remaining provisions of these sections being retained substantively intact: §§ 39-5A [original Section 5(a)], 41-11 (original Section 11), 49-13 (original Section XIV). 53-12 (original Article XII), 61-8 (original Section 3.3), 69-19 (original Section 18), 77-17 (original Section 7-23), 80-5 (original Section 5), 86-2 (original Section 2), 94-18 (original Section 18) and 105-89 (original Section 18-7).[1]

[1]

Editor's Note: Pursuant to § 1-14C(2) through (14), which immediately followed this subsection, the following sections were amended or added: §§ 12-2, 26-2, 39-7, 44-2A(5), 49-3A, 49-9A, 53-3A, 53-9, 53-10, 61-7, 61-13, 61-14, 72-1, 72-2B, 72-3B, 72-12B, 72-17, 72-18, 72-19, 72-20, 72-21A, 72-23A, 72-25B, D and E, 72-28E(2), 72-31A, 77-1, 77-11A, 80-1, 80-2, 90-7D and F, 90-14F(1), 94-21, 94-22, 105-4B, 105-7C and D, 105-8, 105-9, 105-13, 105-18A, 105-25, 105-27E, 105-29B, 105-10A, D and E. 105-44, 105-15A, 105-16B, 105-47, 105-55, 105-78, 105-84 and 105-88A and B. A complete description of these changes is on file in the office of the Township Clerk.

Article II Ordinances Adopted During Codification

[During the process of codification, certain complete new ordinances were approved by the Township Committee for inclusion in the Code of the Township of Liberty. Such new ordinances are noted in the histories of individual chapters as "Adopted . . . during codification; see Ch. 1, General Provisions, Art. II." The listing below sets forth each chapter and, where applicable, each section affected by any such legislation adopted during codification. The complete text of any amendments and new enactments is on file in the office of the Township Clerk, where it may be inspected during regular business hours.]

Chapter/Section	Adoption Date
Ch. 49, Art. II, Swine	3-7-1988