[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-1974 by Ord. No. 1027 (§ 1-14
of the 1974 Code)]
A.
Unless a specific penalty is provided elsewhere in
Parts I and II of this Code or in any other ordinances of the Borough
Council for a particular violation, any person, firm or corporation
who shall violate any provision of Parts I and II of the Code or any
provision of any code or other regulation adopted by reference therein
or any order promulgated under such provisions, code or regulation
by doing any act prohibited or declared to be unlawful or a violation
thereby 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 to be violation, shall, upon
conviction thereof, be punishable by a fine not to exceed $2,000 or
by a term of imprisonment not to exceed 90 days or by a period of
community service not to exceed 90 days or any combination thereof.
[Amended 3-12-2002 by Ord. No. 03-2002; 3-28-2006 by Ord. No. 07-2006; 10-26-2010 by Ord. No. 12-2010]
B.
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.
[Added 10-26-2010 by Ord. No. 12-2010]
C.
The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished,
as provided above, for each separate offense.
[Adopted 10-26-2010 by Ord. No. 12-2010]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Totowa of a general and permanent nature adopted by the Mayor and Borough Council of the Borough of Totowa, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 415, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Totowa," 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 Borough 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 Borough of Totowa by impressing thereon the Seal
of the Borough, as provided by law, and such certified copy shall
remain on file in the office of the Clerk of the Borough, 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
Borough of Totowa" 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 Borough of Totowa, pursuant to law, shall cause
this Adopting Ordinance to be published, in the manner required, in
a newspaper of general circulation in the Borough. 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 Borough. 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 Borough of Totowa 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 § 1-13 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 7-30-2010.
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 Borough'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.
N.
An ordinance adopted January 19, 1942, as Ord. No. 352A, as amended,
establishing the Department of Public Works.
O.
An ordinance adopted December 28, 1965, as Ord. No. 883, as amended,
relating to the organization of the Department of Public Works.
P.
An ordinance adopted April 21, 1959, as Ord. No. 688, as amended,
relating to the Water Department.
Q.
An ordinance adopted March 20, 1944, as Ord. No. 362, as amended,
relating to the office of Deputy Water Registrar.
R.
An ordinance adopted December 16, 1969, as Ord. No. 946, as amended,
relating to the Position of Custodian.
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 Mayor and Borough 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 § 1-15B, 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 II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 10-26-2010 by Ord. No. 12-2010." Schedule A, which contains a complete description of all the changes, is on file in the Borough offices.
