[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
Article I General Penalty; Definitions
Article II Adoption of Code
[Adopted 4-7-1988 by Ord. No. 399-88 as Ch. I, Secs. 1-2, 1-3 and 1-5, of the 1986 Revised General Ordinances]
For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require, the following terms shall have the meanings indicated:
- CLERK or TOWNSHIP CLERK
- The Municipal Clerk duly appointed pursuant to law.
- The County of Morris.
- An organizational unit of the government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the Township Council.
- The laws of the State of New Jersey.
- Licensed in accordance with the appropriate section or chapter of this Code.
- A calendar month unless otherwise specifically provided.
- Construed to include an affirmation where an affirmation may be substituted for an oath. In such cases, the words "swear" and "sworn" shall be construed to be equivalent to the words "affirm" and "affirmed."
- See "tenant."
- OFFICER or OFFICIAL (and the title of an officer or official)
- Construed as if the words "of the Township of Mine Hill" followed it.
- Any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
- Any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of a building or land.
- Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- PERSONAL PROPERTY
- Any goods and chattels, rights and credits, moneys and effects, evidences of debt, and all written instruments by which any right to, interest in, or lien or encumbrances upon property or any debt or financial obligation as created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and every thing, except real property as herein defined, which may be the subject of ownership.
- PRECEDING and FOLLOWING
- Next before and next after, respectively.
- Real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
- Severally, shall be construed to mean any and every public ground, public square, public park or other public place within the Township.
- REAL PROPERTY
- Includes lands, tenements and hereditaments, all rights thereto and interests therein.
- Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- State of New Jersey.
- Includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
- TENANT or OCCUPANT
- Applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
- THIS CODE
- The Code of the Township of Mine Hill, New Jersey.[Amended 2-4-2016 by Ord. No. 01-16]
- The Township of Mine Hill in the County of Morris and State of New Jersey.
- TOWNSHIP COUNCIL or COUNCIL
- The Mayor and Council of the Township.
- Seven days.
- A calendar year unless otherwise specifically provided.
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural the singular.
"Shall" is mandatory, and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday, a legal holiday, or a day on which the offices of the Township are closed, that day shall be excluded.
"Writing" and "written" shall include printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
[Amended 3-15-2001 by Ord. No. 3-01; 8-2-2012 by Ord. No. 22-12]
Maximum penalty. The maximum penalty for a violation of any provision of this chapter, any other chapter of this Code, or any other ordinance of the Township where no specific penalty is provided for, upon conviction, shall be a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or any combination of the foregoing.
[Amended 3-5-2015 by Ord. No. 06-15]
Minimum penalty. For the violation of any particular section of this Code or any particular ordinance of the Township for which no other minimum penalty is provided, a minimum penalty shall be imposed which shall consist of a fine of $100.
Repeat offender. Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance, 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 fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
[Adopted 2-4-2016 by Ord. No. 01-16]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Mine Hill of a general and permanent nature adopted by the Township Council of the Township of Mine Hill, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 533, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mine Hill," 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 1986 Revised General Ordinances and the 2001 Township of Mine Hill Municipal 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 Mine Hill 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 Mine Hill" 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 Mine Hill, 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 Mine Hill 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 1986 Revised General Ordinances of the Township of Mine Hill, as amended, and the 2001 Township of Mine Hill Municipal Code, as amended and supplemented, are hereby repealed as of the effective date of this Adopting Ordinance.
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:
Any ordinance adopted subsequent to December 17, 2015.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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.
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.)
Editor's Note: Schedule A is on file in the Township offices.
Throughout the Code, references to the following agencies or officials are updated as indicated:
"Treasurer" is revised to read "Chief Financial Officer."
"Department of Health and Welfare" is revised to read "Department of Health."
"Director of Health and Welfare" is revised to read "Director of Health."
"Animal Control Warden," "Animal Warden" and "Dog Warden" are revised to read "Animal Control Officer."