Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Raritan (hereinafter, the "Borough") of a general and permanent nature adopted by the Borough Council of the Borough of Raritan, as revised, codified and consolidated, and consisting of Chapters 1 through 349, together with an Appendix, but not including the "Preface," are hereby approved, adopted, ordained and enacted as the Code of the Borough of Raritan of 2012 (hereinafter, "Code").
[HISTORY: Adopted by the Mayor and Council of the Borough of Raritan as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2012 by Ord. No. 12-14]
The Code shall supersede all other general and permanent ordinances enacted prior to the enactment of the Code, including the Code of the Borough of Raritan of 1966, except such ordinances as are hereinafter expressly saved from repeal and continued in force.
A paper copy of the Code has been filed in the office of the Borough Clerk and shall remain there for examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy of the Code shall be certified by the Borough Clerk by impressing thereon the Seal of the Borough of Raritan, as provided by law, and such certified copy of the Code shall remain on file in the office of the Borough Clerk, to be made available to persons desiring to examine the same during all times while the Code is in effect.
The adoption of the Code shall not affect the following ordinances which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to April 24, 2012.
B.
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.
C.
Any ordinance 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.
D.
Any ordinance authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
E.
The levy or imposition of taxes, assessments or charges or the approval of the Borough budget.
F.
Any currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of Borough officers and employees.
G.
Any ordinance adopting or amending the Zoning Map.
H.
Any ordinance relating to or establishing a pension plan or pension fund for Borough employees.
I.
An ordinance establishing the Somerset-Raritan Valley Sewerage Authority on or about February 21, 1953.
The following rights and liabilities shall not be affected by the adoption of the Code:
A.
Any 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.
B.
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.
C.
Any prosecution, indictment, action, suit or other proceeding or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
D.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
This ordinance shall take effect on November 15, 2012.
[Adopted 6-17-2024 by Ord. No. 2024-13]
Whenever, in the revision and codification or in any other ordinance of the Borough, or rule, regulation, or order promulgated by any officer or agency of the Borough under the authority duly vested in them or it, any act is prohibited or is made or declared to be unlawful or an offence or doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provisions of the revision and codification or of any other ordinance of the Borough or any rule, regulation or order, as aforesaid, shall be punished by a fine not exceeding $2,000 or by imprisonment in the county jail not exceeding 90 days or by 90 days of community service, or any combination thereof; provided, however that where the penalty for any particular offense is limited by state statute, then such limitation shall be applicable to the provisions of the revision and codification and other ordinances of the Borough or rule, order or regulation, as aforesaid, notwithstanding the provision of this section. Each day that any violation of the revision or codification or any other ordinance of the Borough or any rule, regulation or order, as aforesaid, shall constitute a separate offense. Whenever any such fine shall be imposed upon any corporation, such fines and costs and changes incident thereto may be collected by an action of debt or in such other manner as may be provided by law.
Where applicable, and for the purposes of assessing penalties, the continuation of a particular violation 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 violation.
The imposition if a penalty as provided in § 1-10 above, or as specifically provided in any other chapter of this Code, or in and other ordinance of the Borough of Raritan, shall be in addition to any injunctive or remedial relief which is authorized under the laws of the state, with the same force and effect as though provided for herein. Such penalty shall not be deemed to be in lieu of any provision for revocation or suspension of any license or permit.