[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-13-2006 by Ord. No. 1193; amended in its entirety 11-5-2014 by Ord. No. 2014-01]
A.
Maximum
penalty. For violation of any provisions of this chapter, any other
chapter of this Code or any other ordinance of the Borough, 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 $2,500; or by a period of community service
not exceeding 90 days. In the event that the legislature authorizes
an increase in penalties in accordance with N.J.S.A. 40:49-5, then
and in that event it is the intent of this subsection that any and
all such increased penalties shall apply to any violations occurring
hereunder.
[Amended 12-12-2018 by Ord. No.
2018-116]
B.
Upon
conviction of any provisions of this chapter, a minimum penalty of
up to $100 shall be imposed upon the offender.
[Amended 12-12-2018 by Ord. No.
2018-116]
C.
Upon conviction of any ordinance or section of the Code pertaining to the unlawful disposal of solid waste or mandatary recyclable source separation requirements as set forth in § 276-8, a minimum penalty of up to $100 and a maximum penalty not to exceed $10,000 shall be imposed on the offender.
[Amended 12-12-2018 by Ord. No.
2018-116]
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 Borough
of Lindenwold.
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 Borough
of Lindenwold 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 Borough, 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 the 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 chapter and/or section of the
Code or any other ordinance of the Borough exists shall constitute
a separate violation.
In the construction of this Code, the following rules of construction
shall be observed unless the context clearly indicates a contrary
intent:
A.
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; "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.
[Adopted 11-5-2014 by Ord. No. 2014-01]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Lindenwold of a general and permanent nature adopted by the Mayor and Council of the Borough of Lindenwold, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 398, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Lindenwold," 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 Lindenwold 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 Lindenwold" 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 Lindenwold, 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 Lindenwold 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.
Except as provided in § 1-153, Ordinances saved from
repeal, below, all ordinances or parts of ordinances inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Borough of Lindenwold which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 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 8-6-2014.
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.
Any ordinances relating to traffic regulations.
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 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.
Nomenclature. Throughout the Code, terms have been updated as follows:
(1)
"Chairman" to "Chairperson."
(2)
"Compliance Officer" to "Code Enforcement Officer" and "Compliance
Office" to "Code Enforcement Office."
(3)
"Highway Department" to "Public Works Department."
(4)
"State Department of Personnel" to "Civil Service Commission."
(5)
"Borough Hall" to "Municipal Building."
(6)
"Soil Conservation Service" to "Natural Resources Conservation Service."
C.
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.[1]
[1]
Editor's Note: In accordance with § 1-16C, 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, deleted) 11-5-2014 by Ord. No. 2014-01." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
