[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[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:
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."
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.
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.
Next before and next after, respectively.
Real and personal property.
Severally, shall be construed to mean any and every public
ground, public square, public park or other public place within the
Township.
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.
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.
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.
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:
A.
The
present tense includes the past and future tenses and the future,
the present.
B.
The
masculine gender includes the feminine and neuter.
C.
The
singular number includes the plural and the plural the singular.
D.
"Shall"
is mandatory, and "may" is permissive.
E.
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.
F.
"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.
G.
"And"
may be construed as meaning "or," and "or" as "and," if the sense
requires and indicates such meaning.
H.
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.
I.
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]
A.
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]
B.
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.
C.
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.
A.
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.
B.
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:
A.
Any ordinance adopted subsequent to December 17, 2015.
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[1] 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]
Editor's Note: Schedule A is on file in the Township
offices.
C.
Nomenclature.
(1)
Throughout the Code, references to the following agencies or officials
are updated as indicated:
(a)
"Treasurer" is revised to read "Chief Financial Officer."
(b)
"Department of Health and Welfare" is revised to read "Department
of Health."
(c)
"Director of Health and Welfare" is revised to read "Director
of Health."
(d)
"Animal Control Warden," "Animal Warden" and "Dog Warden" are
revised to read "Animal Control Officer."
