[HISTORY: Adopted by the Merchantville Borough Council as
indicated in article histories. Amendments noted where applicable.]
WHEREAS, the Mayor and Council of the Borough of Merchantville,
in the County of Camden and State of New Jersey, has caused its ordinances
of a general and permanent nature to be compiled and revised and the
same embodied in a revision and codification thereof known as the
"Code of the Borough of Merchantville, New Jersey."
[Adopted 3-13-1967 by Ord. No. 438]
The ordinances of the Borough of Merchantville, in the County of Camden and State of New Jersey, of a general and permanent nature, as codified in the following chapters, namely, Chapters 1 to 94, both inclusive, are ordained as general ordinances and are adopted as the "Code of the Borough of Merchantville, New Jersey."
All the provisions of the Code of the Borough of Merchantville,
New Jersey, shall be in force and effect on and after the effective
date of this ordinance.
All ordinances of a general and permanent nature, adopted by the Mayor and Council (hereinafter referred to as the "Council") and in force on December 31, 1966, and not contained in the Code of the Borough of Merchantville, New Jersey, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in § 1-4.
The repeal provided for in § 1-3 of this ordinance shall not affect:
A.
Any
offense or act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before the effective
date of this ordinance.
B.
Any
prosecution, action, suit or other proceeding pending or any judgment
rendered on or prior to the effective date of this ordinance.
C.
Any
right of franchise conferred by the Council.
D.
Any
right, right-of-way or easement acquired or established in any street,
road, highway or other public place within the borough.
E.
Any
ordinance of the borough providing for laying out, opening, altering,
widening, relocating, straightening, acceptance or vacation of any
street, road or highway within the borough.
F.
Any
ordinance or resolution of the borough promising or guaranteeing the
payment of money by or for the borough or authorizing the issuing
of bonds or other evidence of the borough's indebtedness, or
any contract of or obligation assumed by the borough.
G.
The
annual budget appropriation ordinances or resolutions, and all ordinances
and resolutions appropriating or transferring funds.
H.
The
administrative ordinances or resolutions of the Council not in conflict
or inconsistent with the provisions of the Code of the Borough of
Merchantville, New Jersey.
I.
Any
ordinance or resolution of the Council fixing the compensation or
salaries of the borough officials and employees or the pay and compensation
of positions, and clerical employments which are not provided for
in the Code of the Borough of Merchantville, New Jersey, and which
are not in conflict or inconsistent therewith.
J.
Any
ordinance or resolution of the Council creating employments, positions
or offices and fixing duties therefor which are not provided for in
the Code of the Borough of Merchantville, New Jersey, and which are
not in conflict or inconsistent therewith.
K.
Any
ordinance of the Council which is not provided for in the Code of
the Borough of Merchantville, New Jersey, and which are not in conflict
or inconsistent therewith.
L.
Any
ordinance adopted by the Board of Health of the borough.
M.
Any
ordinance of the Council adopted upon final passage after the 31st
day of December 1966.
A copy of the Code of the Borough of Merchantville, New Jersey,
has been filed in the office of the Borough Clerk and shall remain
there for the use and examination by the public until final action
is taken on this ordinance.
The Borough Clerk, 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 borough. Sufficient copies of the Code
of the Borough of Merchantville, New Jersey, shall be maintained in
the office of the Borough Clerk for inspection by the public at all
times during regular office hours. The enactment and publication of
this Adopting Ordinance coupled with the availability of copies of
the Code of the Borough of Merchantville, New Jersey, for inspection
by the public shall be deemed, held and considered to be due and legal
publication of all provisions of the Code of the Borough of Merchantville,
New Jersey, for all purposes.
Each section of the Code of the Borough of Merchantville, New
Jersey 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 does not
affect the validity or constitutionality of such other section or
part thereof.
This ordinance shall take effect immediately after final passage
and publication as provided by law.
[Added 5-27-1997; amended 8-11-2014 by Ord. No. 2014-06]
A.
Unless
a specific penalty is provided by New Jersey statute or is provided
elsewhere in this Code or in other ordinances of the Mayor and Council
for a particular violation, any person, firm or corporation who or
which shall violate any of the provisions of this Code, or any provision
of any code or regulation adopted by reference therein or any order
promulgated under such provisions, code or regulation, by doing any
act prohibited or declared unlawful or a violation thereof or who
shall engage in or exercise any business or occupation or do anything
for which a license or permit is required thereby without having a
valid license or permit therefor as required or who shall fail to
do any act required by any such provision or when such provision declares
such failure to be unlawful or to be a violation shall, upon conviction
thereof, be liable for a fine not exceeding $2,000.00, or imprisonment
in the county jail for a term not exceeding 90 days, or a period of
community service not exceeding 90 days, or any combination of the
penalties so listed, in the discretion of the Judge of the Municipal
Court before whom such violation is heard and conviction made.
B.
A
separate offense shall be deemed committed on each day during or on
which a violation of the Code or of any other ordinance of the Borough,
punishable by fine or imprisonment, or both, occurs or continues.
C.
The
imposition of a fine or imprisonment as punishment for a violation
of the Code or of any other ordinances of the Borough, shall not be
deemed to be in lieu of any other provision therein providing for
revocation or suspension of any license or permit issued thereunder.
D.
The
provisions of this section shall be applicable to the violation of
any ordinance adopted as an amendment of or addition to the Code of
the Borough of Merchantville and in which no other penalty provision
is included.
E.
In
any case where a fine in excess of $1,250.00 is sought to be imposed
for a housing violation or for a zoning violation, any person, firm
or corporation who or which shall violate any of the provisions of
this Code, or any provision of any code or regulation adopted by reference
therein or any order promulgated under such provisions, shall be provided
a thirty-day (30) period in which such person, firm or corporation
has an opportunity to cure or abate the condition, and the person,
firm or corporation shall have an opportunity for a hearing before
the court. After the thirty-day (30) period, the higher fine may be
imposed if, in the discretion of the Judge of the Municipal Court
before whom such violation is heard and conviction made, it is determined
that the abatement has not been substantially completed.
