[HISTORY: Adopted by the Township Council of the Township
of Willingboro as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-5-2013 by Ord.
No. 2013-1]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Willingboro of a general and permanent nature adopted by the Township Council of the Township of Willingboro, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 370, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Township of Willingboro,” 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,
including provisions of the 2003 Revised General Ordinances, 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 Willingboro 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 Willingboro” 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 Willingboro, 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 Willingboro 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 $2,000, 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 § 1-12 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 December 4, 2012.
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.
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 Council 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) 3-5-2013 by Ord. No. 2013-1.” Schedule A, which contains a complete description of all changes, is on file in the Village offices.
C.
Nomenclature.
(1)
Throughout
the Code, references to the following are updated as indicated:
(a)
“Salem
Road” is changed to “Rev. Dr. M. L. King Jr. Drive.”
(b)
“Construction
Code Official” is changed to “Construction Official.”
(c)
“Code
Official” is changed to “Code Enforcement Officer.”
(d)
“Department
of Code Enforcement and Inspections” is changed to “Department
of Inspections.”
(e)
“Department
of Inspections and Community Development” is changed to “Department
of Inspections.”
(f)
“Soil
Conservation Service” and “SCS” are changed to “Natural
Resources Conservation Service” and “NRCS.”
[Derived from Sec. 3-1 of the 2003 Revised General Ordinances]
[Amended 3-5-2013 by Ord.
No. 2013-1]
A.
For violation
of any provision of this Code or any other ordinance of the Township
of Willingboro, County of Burlington, including revisions, amendments
and supplements thereto, where no specific penalty is provided regarding
the section or sections violated, the maximum penalty shall, upon
conviction of such violation, be one or more of the following: a fine
not exceeding $2,000 or imprisonment in the county jail for a period
not exceeding 90 days or a period of community service not exceeding
90 days.
B.
In accordance
with N.J.S.A. 40:49-5, in the event that the court imposes a fine
greater than $1,250 for violations of housing or zoning codes, the
imposition of the fine shall be held in abeyance for a thirty-day
period, during which time the owner shall be afforded the opportunity
to cure or abate the condition. The owner 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 a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
Except as otherwise provided, each and every day in which a
violation exists of any provision of this Code or any other ordinance
of the Township of Willingboro, including revisions, amendments and
supplements thereto, shall constitute a separate violation.
The maximum penalty established in § 1-15 is not intended to state an appropriate penalty for each and 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.
