[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 12-9-69 by Ord. No. 12-69.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Waldwick of a general and permanent nature, adopted by the Mayor and Borough Council of the Borough of Waldwick, as, revised, codified, and consolidated into titles, chapters and sections by the Borough Clerk and consisting of Chapters 1 through 99, together with an Appendix, are hereby approved, adopted, ordained and enacted as "The Code of the Borough of Waldwick, in the County of Bergen and the State of New Jersey."
This ordinance shall supersede all other general and permanent
ordinances passed by the Mayor and Borough Council of the Borough
of Waldwick 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 Borough of Waldwick, in the
County of Bergen and State of 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 Mayor and Borough Council of the Borough of Waldwick in force
on the date of the adoption of this ordinance and not contained in
the Code of the Borough of Waldwick, in the County of Bergen and the
State of New Jersey, or which are inconsistent with any provisions
contained in such Code, are hereby repealed as of the effective date
of this adopting ordinance, except as hereafter 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
provisions of the Borough of Waldwick 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 Borough
of Waldwick, 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 date of
this ordinance brought pursuant to any legislative provision of the
Borough of Waldwick.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Mayor and Borough Council.
E.
Any
ordinance of the Borough of Waldwick 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 Borough of Waldwick or any portion thereof.
F.
Any
ordinance or resolution of the Borough of Waldwick appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Borough
of Waldwick or other instruments or evidence of the borough'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 Mayor and Borough Council adopted on final passage
after November 25, 1969.
In compiling and preparing the ordinances of the Borough of
Waldwick for adoption and revision as part of the Code of the Borough
of Waldwick, in the County of Bergen and State of New Jersey pursuant
to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes
were made in one (1) or more of said ordinances. It is the intention
of the Mayor and Borough Council of the Borough of Waldwick that all
such changes be adopted as part of the Code of the Borough of Waldwick,
in the county of Bergen and State of New Jersey, as if the ordinances
so changed had been previously formally amended to read as such.
A copy of the Code of the Borough of Waldwick, in the County
of Bergen and State of New Jersey in loose-leaf form has been filed
in the office of the Borough Clerk of the Borough of Waldwick 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 Borough
of Waldwick by impressing thereon the Seal of the Borough of Waldwick,
as provided by law and such certified copy shall remain on file in
the office of the Borough Clerk, 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 Borough of Waldwick, in the County of Bergen and State of New
Jersey, when passed and adopted in such form as to indicate the intention
of the Mayor and Borough Council to be a part thereof, shall be deemed
to be incorporated in such Code, so that reference to "The Code of
the Borough of Waldwick, in the County of Bergen and State of New
Jersey" shall be understood and intended to include such additions
and amendments. Whenever such additions, amendments or supplements
to the Code of the Borough of Waldwick, in the County of Bergen and
State of 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 Borough Clerk or someone authorized
and directed by the Borough Clerk to keep up-to-date the certified
copy of the book containing the Code of the Borough of Waldwick, in
the County of Bergen and State of New Jersey, required to be filled
in the office of the Borough Clerk for the use of the public. All
changes in said codes and all ordinances adopted by the Mayor and
Council subsequent to the 25th day of November, 1969, which shall
be specifically adopted as a 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 Borough of
Waldwick, in the County of Bergen and State of New Jersey may be purchased
from the Borough Clerk of the Borough of Waldwick upon the payment
of a fee to be set by resolution of the Mayor and Council, who may
also arrange, by resolution, for procedures for the periodic supplementation
thereof.
The Borough Clerk of the Borough of Waldwick, 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
of Waldwick. Sufficient copies of the Code of the Borough of Waldwick,
in the County of Bergen and State of 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 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 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.
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 Borough of Waldwick 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 Magistrate imposing the same.
[Amended 2-28-06 by Ord. No. 2-06; 12-12-06 by Ord. No. 24-06]
Where no specific penalty is provided therefore, the violation
of any such provision of this Code or of any other ordinance or resolution
of the Borough or of any rule, regulation or order promulgated pursuant
to such Code or other Borough ordinance shall be punished by one or
more of the following:
A.
Imprisonment in the County jail for any term not exceeding ninety
(90) days; or
B.
By a fine not more than two thousand dollars ($2,000.)
C.
By a period of community service not exceeding ninety (90) days
D.
Each day a violation exists in the following chapters shall be deemed
and taken to be a separate and distinct offense:
Chapter 54 Housing Standards
Chapter 59 Littering
Chapter 75 Sewer Use
Chapter 80 Soil Removal
Chapter 82 Street and Sidewalk Uses
Chapter 83 Street Construction Specifications
Chapter 97 Zoning
E.
For each and every violation of the provisions of chapter 97 entitled zoning, the owner, contractor or other persons interested as general agent, architect, building contractor, owner or tenant or any other persons who commit, take part or assist in any violation of this chapter shall be held for the fines and penalties listed in sections A through C above at the discretion of the court.
This ordinance shall take effect immediately after final approval
and publication according to law.
