Borough of Merchantville, NJ General Provisions

[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."

Article I Adoption of Code

[Adopted 3-13-1967 by Ord. No. 438]

§ 1-1 Borough Code adopted.

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."

§ 1-2 Provisions of Code in effect.

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.

§ 1-3 Repeal of certain ordinances.

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in force on December 31, 1966, and not contained in the Code of the Borough of Merchantville, New Jersey, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in § 1-4.

§ 1-4 Legislation saved from repeal.

The repeal provided for in § 1-3 of this ordinance shall not affect:

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.

Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance.

Any right of franchise conferred by the Council.

Any right, right-of-way or easement acquired or established in any street, road, highway or other public place within the borough.

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.

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.

The annual budget appropriation ordinances or resolutions, and all ordinances and resolutions appropriating or transferring funds.

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.

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.

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.

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.

Any ordinance adopted by the Board of Health of the borough.

Any ordinance of the Council adopted upon final passage after the 31st day of December 1966.

§ 1-5 Copies of Code on file.

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.

§ 1-6 Publication of Adopting Ordinance; availability of Code for public inspection.

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.

§ 1-7 Severability.

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.

§ 1-8 When effective.

This ordinance shall take effect immediately after final passage and publication as provided by law.

§ 1-9 General penalty.

[Added 5-27-1997; amended 8-11-2014 by Ord. No. 2014-06]

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.

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.

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.

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.

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.