[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-25-1990 by Ord. No. 40-90 (Ch. 1, Art. I, of the
1990 Code)]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Mount Olive of a general and permanent nature adopted by the Township Council of the Township of Mount Olive, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters
1 through 273, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mount Olive," 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 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 Mount Olive 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 Mount Olive" 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 Mount Olive, pursuant to law, shall
cause to be published, in the manner required, a copy of this adopting
ordinance 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 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 book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Township Council, which may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
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 Mount Olive to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than $1,000 or
imprisonment for not more than 90 days, or both, 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 §
1-12 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 May 15, 1990.
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 or obligation.
I. The
levy or imposition of taxes, assessments or charges.
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 regulating vehicles and traffic in the Township.
M. Any
ordinance relating to land use and development, including but not
limited to the following topics: Land Use Procedures; Zoning Board
of Adjustment; Planning Board; Building Construction; Fences, Walls
and Swimming Pool Enclosures; Fire Hydrants; Fire Lanes, Flood Damage
Prevention; Floodplain Construction; Parking and Accessory Areas;
Quarrying; Signs; Soil Erosion and Sediment Control; Soil Removal;
Street Specifications; Subdivision of Land; Surface Water Management;
Trailers; Tree Removal; and Zoning.
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 following changes, amendments or revisions 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):
C. Penalties.
The following penalty sections are hereby either added or amended
to read as follows: "Any person, firm or corporation who violates
any provision of this chapter (or Article) shall, upon conviction
thereof, be punishable by one or more of the following: by imprisonment
for a term not exceeding 90 days or by a fine not exceeding $1,000
or by a period of community service not exceeding 90 days."
D. Nomenclature.
The following terms are hereby changed throughout the Code:
(1) The term "Department of Engineering and Water and Sewer Utility"
is hereby changed to read "Department of Engineering and Public Works."
(2) The term "Department of Buildings, Grounds and Recreation" is hereby
changed to read "Department of Buildings, Grounds, Parks and Recreation."
(3) The term "Department of Budget and Finance" is hereby changed to
read "Department of Budget and Financial Operations."
(4) The terms "Department of Health, Sanitation and Welfare" and "Health
Department" are hereby changed to read "Department of Health, Welfare
and Sanitation."
(5) The term "Environmental Committee" is hereby changed to read "Environmental
Commission."
(6) The term "Township Committee" is hereby changed to read "Township
Council."
(7) The term "Dog Warden" is hereby changed to read "Animal Control Officer."
[Adopted 9-22-2015 by Ord. No. 20-2015]
The ordinances of the Township of Mount Olive of a general and permanent nature adopted by the Mayor and Council of the Township of Mount Olive, as revised, codified and consolidated into chapters and sections by General Code, as set forth in the Derivation Table included at the end of the Code, and as renumbered to consist of Chapters
1 through
393 and Chapters
535 through
550, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mount Olive," hereafter referred to as the "Code."
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 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 following changes, amendments or revisions 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) Section
5-65A is amended to delete the phrase "as adopted in Chapter 85 of the Code of Mount Olive Township."
(2) In §
169-1, the definitions of "potentially dangerous dog" and "vicious dog" are amended to delete the following phrase therefrom: "by the panel created pursuant to § 106-11.1 of this Code."
(3) Section
375-4 is amended to delete the phrase "or as outlined in § 176-13."
Throughout the Code, the following terms are revised as indicated
in conformity with statutory revisions:
A. Any reference to the United States Department of Agriculture's
"Soil Conservation Service (SCS)" is amended to read "Natural Resources
Conservation Service (NRCS)."
A. The provisions of this Code, insofar as they are substantively the
same as those of ordinances and the Township Code in force immediately
prior to the enactment of this Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Mayor and Council of the Township, and it is the intention
of said Mayor and Council that each such provision contained within
the Code is hereby reaffirmed as it appears in said Code.
B. For purposes of transition from the 1990 Code to this Code, any reference
to a chapter or section number from the 1990 Code on or in any form,
license, permit, ticket or other Township document shall be deemed
to refer to the corresponding chapter or section in this Code until
such form, license, permit, ticket or other Township document is revised
or reprinted to refer to the numbering in this Code.
This ordinance shall take effect immediately upon passage and
publication according to law.