[Adopted 12-12-1967 by Ord. No. 3-67;
amended in its entirety 3-12-1990 by Ord. No. 1-90 (Ch. 1, Art. I of the
1990 Code)]
As used in this Code, and in the interpretation
and application of all other ordinances hereafter adopted, unless
otherwise specifically defined or unless the context clearly indicates
a contrary intent, the following words and terms shall include the
meanings given herein:
ADMINISTRATOR
The Township Administrator as appointed by the Township Committee.
CLERK
The Township Clerk appointed by the Township Committee.
[Amended 11-17-2010 by Ord. No. 15-10]
CODE ENFORCEMENT OFFICIAL
The Township Administrator and/or his/her duly authorized
designee, which may include the Township Zoning Officer, who shall
be responsible for enforcing those provisions of the Code, where a
Township official, employee, or department is not otherwise designated
in the Code or under state law as the person or entity responsible
for enforcement. The Code Enforcement Official's duties and responsibilities
shall include designating Township employees and/or officials to conduct
field investigations and to issue summonses to persons found in violation
of the Code.
[Added 11-24-2014 by Ord. No.
12-14]
COMMITTEE
The Township Committee consisting of five members duly elected
pursuant to law.
DEPARTMENT
An organizational unit of the Township government established
or designated by ordinance or this Code as a department together with
any agency or instrumentality of the Township government assigned
to such organizational unit by the Township Committee.
ORDINANCE
An act of Township legislation, including this Code, so long
as it shall have been adopted by the procedure required for the adoption
of an ordinance and so long as it shall remain in force and effect
pursuant to law.
OWNER
As applied to a building or land, a part owner, corporation,
tenant in partnership, tenant in common, joint tenant or tenant by
the entirety of the whole or of a part of such building or land.
PERSON
Any corporation, company, firm, partnership, association,
society, organization, political body or other legal entity, as well
as an individual.
PUBLIC PLACE
A road, as defined herein, or a public park, square, space,
ground, building or any other public property or place dedicated to
the public use, including but not limited to a schoolhouse, church,
firehouse, community house or store.
ROAD
The full width of the area dedicated to public use or subject
to public easement, extending from the lot line on one side to the
lot line on the other side, including the roadway of any public highway,
avenue, street, lane, alley, driveway, sidewalk, footpath, culvert,
bridge or other public way.
TOWNSHIP
The Township of Harding in the County of Morris and State
of New Jersey.
WRITING and WRITTEN
Include printing, typewriting and any other mode of communication
using paper or similar material, as well as legible handwriting.
In the construction of this Code and of all
other ordinances hereafter adopted, the following rules of construction
shall be observed unless the context clearly indicates a contrary
intent:
A. And and or. The words "and" and "or" may be interchanged
if the sense requires.
B. Gender. The masculine gender includes the feminine
and neuter genders.
C. Number. The singular number includes the plural number,
and the plural includes the singular.
D. Shall and may. "Shall" is mandatory, and "may" is
permissive.
E. Tense. The present tense includes the past and future
tenses, and the future includes the present.
F. Time. The hours referred to shall be the prevailing
time in the State of New Jersey.
G. Computation of time. In computing any period of time
within which an act is to be done, the day of the act or event after
which the designated period begins to run is to be excluded. The last
day of the period so computed is to be included, unless it is a Saturday,
Sunday or legal holiday, in which event the period runs until the
end of the next day which is not a Saturday, Sunday or legal holiday.
[Amended 9-13-1999 by Ord. No. 12-99; 8-13-2003 by Ord. No.
17-03; 3-1-2006 by Ord. No. 6-06; 11-17-2010 by Ord. No. 15-10]
The following penalty provisions apply to ordinances enacted
by the Township Committee:
A. Maximum penalty. Except as set forth in Subsection
C below, the maximum penalty for violation of any provisions of this chapter, any other chapter of this Code or any other ordinance of the Township, unless another penalty is included within the chapter, article or ordinance, the maximum penalty, upon conviction, shall be one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
B. A minimum penalty not exceeding $100 shall apply for
any and all violations of any section of the Code of the Township
of Harding.
C. The violation of any ordinance or section of the Code
pertaining to the unlawful disposal of solid waste shall be subject
to a minimum penalty not exceeding $2,500 or a maximum penalty not
exceeding $10,000.
D. The court
shall have the power to impose any fine, term of imprisonment, or
period of community service not less than the minimum and not exceeding
the maximum set forth in this section upon any person convicted of
violating any section of the within Code or ordinances of the Township
of Harding.
E. Any person
convicted of violating an ordinance and/or a section of this Code
within one year of the date of a previous violation of the same ordinance
and/or a section of this Code and who was fined for the previous violation,
shall be sentenced by the court to an additional fine as a repeat
offender. The additional fine imposed by the court upon a person for
a repeated offense shall not be less than the minimum or exceed the
maximum fine established in this section, but shall be calculated
separately from the fine imposed for the violation of the ordinance
and/or section of this Code.
F. The Township
of Harding may waive the additional fine by ordinance or resolution
for a repeated violation of any ordinance and/or section of the Code.
Any person convicted of the violation of any ordinance and/or section
of the Code in the discretion of the court and in default of the payment
of any fine imposed therefor, shall be imprisoned in the county jail
or place of detention provided by the municipality, for any term not
exceeding 90 days, or be required to perform community service for
a period not exceeding 90 days.
G. In the event
the court wishes to impose a fine in an amount greater than $1,250
upon an owner of real property for violations of housing or zoning
codes of the Township, then and in that event a thirty-day grace period
shall be provided to said owner in order to cure or abate the violative
condition, and said owner shall also be afforded an opportunity for
a hearing before a court of competent jurisdiction for an independent
determination concerning said violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property the court determines that the abatement has not been substantially
completed.
H. Separate
violations. Except as otherwise provided, each and every day in which
a violation of any provision of this Code or any other ordinance of
the Township exists shall constitute a separate violation.
I. The maximum
penalty stated in this section is not intended to be an appropriate
penalty for every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.
[Adopted 11-17-2010 by Ord. No. 15-10]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Harding of a general and permanent nature adopted by the Township Committee of the Township of Harding, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through
388, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Harding," 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 Harding 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 Harding" 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 Harding, 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 Harding 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 $1,250, 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-15 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 6-18-2010.
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, 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.
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.