[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-7-2017 by Ord.
No. 10-17]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Mount Ephraim of a general and permanent nature adopted by the Board of Commissioners of the Borough of Mount Ephraim, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through Chapter 525, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Mount Ephraim," 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 1973 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 Mount Ephraim 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 Mount Ephraim" 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 Mount Ephraim, 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 Mount Ephraim 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.
Except as may be otherwise set forth herein, all ordinances or parts
of ordinances of a general and permanent nature adopted by the Borough
of Mount Ephraim in force on the date of the adoption of this Code
and not contained herein, except for previously adopted salary and
bond ordinances, are hereby repealed as of the effective date hereof.
B.
Repeal of specific ordinances. The Board of Commissioners of the
Borough of Mount Ephraim has determined that the following ordinances
are no longer in effect and hereby specifically repeals the following
legislation:
(1)
Ordinance No. 762-06, Water amendment, adopted June 27, 2006.
(2)
Former Chapter 9, Environmental Commission, of the 1973 Code.
(3)
Former Chapter 9A, Ethics, Board of, of the 1973 Code.
(4)
Former Chapter 34, Bicycles, of the 1973 Code.
(5)
Former Ch. 36, Contractors and Sign Erectors, of the 1973 Code.
(6)
Former Chapter 37, Building Construction, of the 1973 Code.
(7)
Former Chapter 39, Sex Offender Residency Restriction, of the 1973
Code.
(8)
Former Chapter 46, Drug Paraphernalia, of the 1973 Code.
(9)
Former Chapter 51A, Fireworks, of the 1973 Code.
(10)
Former Chapter 53, Food and Beverage Machines: Licensing, of the
1973 Code.
(11)
Former Chapter 54, Food Establishments: Licensing, of the 1973 Code.
(12)
Former Chapter 56, Gas-Heating Equipment, of the 1973 Code.
(14)
Former Chapter 67, Massage Businesses, of the 1973 Code.
(15)
Former Chapter 69, Motor Vehicle Sales Lots, of the 1973 Code.
(16)
Former Chapter 70, Noise, of the 1973 Code.
(17)
Former Chapter 71, Oil-Burning Equipment, of the 1973 Code.
(18)
Former Chapter 72, Parental Responsibility, of the 1973 Code.
(19)
Former Chapter 74, Plumbing, of the 1973 Code.
(20)
Former Chapter 87, Swimming Pools, of the 1973 Code.
(21)
Former Chapter 88, Tattooing and Body Piercing, of the 1973 Code.
(22)
Former Chapter 97, Water, of the 1973 Code.
(23)
Former Chapter 103, Food and Beverage Machines; Operation, of the
1973 Code.
(24)
Former Chapter 104, Food Establishments, Retail, of the 1973 Code.
(25)
Former Chapter 108, Nuisances, Public Health, of the 1973 Code.
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 November 3, 2016.
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 and/or the Tax
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 Board of Commissioners 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.
(1)
The following nomenclature changes are made throughout the Code:
(a)
All references to "Planning Board," "Zoning Board," "Planning/Zoning
Board," and "Board of Adjustment" are changed to "Joint Land Use Board."
(b)
All references to the "New Jersey Department of Environmental
Protection and Energy" are changed to the "New Jersey Department of
Environmental Protection."
C.
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: In accordance with § 1-14C, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 9-7-2017 by Ord. No. 10-17." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
[Adopted 6-15-1976 by Ord. No. 361 (Ch. 26 of the 1973 Borough Code);
amended in its entirety 9-7-2017 by Ord. No. 10-17]
The Borough of Mount Ephraim, New Jersey, a body politic and
a lawful municipality of the State of New Jersey, having been incorporated
in the year 1926 and having previously adopted the seal of the Borough
of Mount Ephraim, shall hereafter maintain the common seal in the
form and style on file in the Borough Clerk's office.
