[Adopted 9-2-71]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Union of a general and permanent nature, adopted by the Township Committee of the Township of Union as revised, codified and consolidated into titles, chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 74, together with an Appendix and Index, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Union, County of Ocean, New Jersey."[1]
[1]
Editor's Note: As the result of a referendum held in November
1976, the name of the Township of Union was changed to the Township
of Barnegat. Therefore, any reference in this Code to the Township
of Union shall mean the Township of Barnegat.
This ordinance shall supersede all other general and permanent
ordinances passed by the Township Committee of the Township of Union
prior to the enactment of this Code, except such ordinances as are
expressly saved from repeal or continued in force and effect as shall
hereafter be set forth by reference.
All provisions of the Code of the Township of Barnegat, County
of Ocean, New Jersey, shall be in full force and effect on and after
the effective date of this ordinance.
All ordinances of a general and permanent nature, adopted by
the Township Committee of the Township of Union and in force on the
date of the adoption of this ordinance, and not contained in the Code
of the Township of Union, County of Ocean, New Jersey, 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repealed as of the effective date of this adopting ordinance, except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 § 1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal.
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Township of Union prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Township
of Union or any penalty, punishment or forfeiture which may result
therefrom.
C.
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 of the Township of Union.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Township of Union.
E.
Any
ordinance of the Township of Union providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Township of Union, or any portion thereof.
F.
Any
ordinance or resolution of the Township of Union appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Township
of Union or other instruments or evidence of the Township of Union's
indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
H.
The
levy or imposition of taxes, assessments or charges.
I.
The
dedication of property or approval of preliminary or final subdivision
plats.
J.
Any
ordinance of the Township of Union regulating vehicles and traffic.
K.
Ordinances
adopted by the Board of Health.
L.
Any
ordinance of the Township of Union adopted subsequent to December
21, 1970.
In compiling and preparing the ordinances of the Township of
Union for adoption and revision as part of the Code of the Township
of Union, County of Ocean, New Jersey, pursuant to N.J.S.A. 40:49.4,
certain grammatical changes and other minor changes were made for
one (1) or more of said ordinances. It is the intention of the Township
Committee of the Township of Union that all such changes be adopted
as part of the Code of the Township of Union, County of Ocean, New
Jersey, as if the ordinances so changed had been previously formally
amended to read as such.
A copy of the Code of the Township of Union, County of Ocean,
New Jersey, in loose-leaf form has been filed in the office of the
Township Clerk of the Township of Union and shall remain there for
the use and examination of 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 Union by impressing
thereon the seal of the Township of Union, as provided by law, and
such certified copy shall remain on file in the office of the Clerk
of the Township of Union to be made available to persons desiring
to examine the same during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the Code
of the Township of Union, County of Ocean, New Jersey, when passed
and adopted in such form as to indicate the intention of the Township
Committee to be a part thereof, shall be deemed to be incorporated
into such Code so that reference to the "Code of the Township of Union,
County of Ocean, New Jersey" shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments
or supplements to the Code of the Township of Union, County of Ocean,
New Jersey shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
the said Code, as amendments and supplements thereto.
It shall be the duty of the Township Clerk or someone authorized
and directed by the Township Clerk to keep up-to-date the certified
copy of the book containing the Code of the Township of Union, County
of Ocean, New Jersey, required to be filed in the office of the Township
Clerk for the use of the public. All changes in said Code and all
ordinances adopted by the Township Committee subsequent to the effective
date of this codification which the Township of Union shall adopt
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 of the Township
of Union, County of Ocean, New Jersey, may be purchased from the Clerk
of the Township of Union upon the payment of a fee to be set by resolution
of the Township Committee, who may also arrange by resolution for
procedures for the periodic supplementation thereof.
The Clerk of the Township of Union, 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 of Union. Sufficient
copies of the Code of the Township of Union, County of Ocean, New
Jersey, shall be maintained in the office of the Township Clerk for
inspection by the public at all times during regular office hours.
The enactment and application 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.
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 section or part 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.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion thereof, or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Township of Union to be misrepresented thereby. Anyone
violating this section of this ordinance shall be subject, upon conviction,
to a fine of not more than five hundred dollars ($500) or imprisonment
for not more than ninety (90) days, or both, in the discretion of
the Judge imposing the same.
Any person, firm or corporation convicted of violating any provision
of this ordinance shall be subject to a fine not exceeding one thousand
two hundred fifty dollars ($1,250) or imprisonment as provided by
law for not more than ninety (90) days, or both, in the discretion
of the Judge imposing the same.
This ordinance shall take effect immediately after final approval
and publication according to law.
[Amended 9-17-73; 2-2-81 by Ord. No. 1981-5]
A.
All deletions, amendments and additions to the ordinances of the
Township of Barnegat have been made to the Code of the Township of
Barnegat as pertains to the particular chapter being deleted, amended
or added to, and is contained in that chapter.[1]
[1]
Editor's Note: Prior to the amendment by Ord. No. 1981-5, this § 1-17 enumerated and described various deletions, amendments and additions to various ordinances of the township. The sections so enumerated were as follows: §§ 4-1, 14-1, 28-2C, 28-8, 33-18, 37-1, 37-4, 38-10, 41-7, 43-9, 44-4, 46-8, 47-3, 48-5, 50-16, 54-7, 60-5, 62-2, 63-1F, 63-3, 65-4 and 69-25.
B.
Penalties. Provisions concerning penalties are incorporated in the
chapters to which they pertain. Penalties are found in the following
chapters:
