[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-27-79 by Ord. No. 7-1979]
Be it ordained by the Board of Commissioners of the Borough
of Avon-by-the-Sea, County of Monmouth, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Avon-by-the-Sea of a general and permanent nature, adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1 through
171, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Avon-by-the-Sea," 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,
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 Avon-by-the-Sea 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 of
Avon-by-the-Sea, 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 Avon-by-the-Sea 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 Avon-by-the-Sea, 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 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 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 Borough Clerk, or someone authorized
and directed by her, to keep up-to-date the certified copy of the
book containing the Code required to be filed in 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 book containing the Code may be purchased
from the Borough Clerk upon the payment of a fee to be set by resolution
by the Board of Commissioners, who may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
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 Avon-by-the-Sea 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.
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.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
and not contained in the Code 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 §
1-12 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 June 22, 1978.
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 or obligation.
I. The levy or imposition of taxes, assessments or charges.
J. The dedication of property or approval of preliminary or final subdivision
plats.
K. Ordinances establishing the amount and manner of payment of salaries
or compensation of officers and employees, and providing for holidays
and vacation for employees; and providing for retirement and death
pay benefits for certain employees.
L. Any ordinance regulating traffic or parking.
M. Ordinance No. 173, adopted April 9, 1968, as amended, pertaining
to peace and good order.
N. Ordinance No. 202, adopted July 28, 1971, pertaining to soliciting
and canvassing.
O. Ordinance No. 86, adopted January 1, 1957, providing for a Fire Department.
P. Ordinance No. 6, adopted June 25, 1900, pertaining to bicycles.
Q. Ordinance No. 124, adopted March 21, 1939, providing for fire prevention
and protection in the Borough.
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 (1) 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. In addition, the following changes, amendments or revisions 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).
[Added 4-22-02 by Ord. No. 5-2002]
[Amended 7-13-15 by Ord. No. 11-2015]
Any person violating any provision of this Code shall be punishable,
upon conviction, by a fine not exceeding two thousand dollars ($2,000.),
a term of imprisonment not exceeding ninety (90) days or a period
of community service not exceeding ninety (90) days. Any person convicted
of violating an ordinance within one (1) year of the date of a previous
violation of the same ordinance, shall be sentenced by a court to
an additional fine as a repeat offender. The additional fine imposed
by the Court upon a person for a repeated offense shall not exceed
the maximum fine for violation of the ordinance as provided herein.
The fine for a repeat offense shall be calculated separately from
the fine imposed for the violation of the ordinance.
Any person convicted of the violation of any ordinance may,
in the discretion of the Court, and in default of the payment of any
fine imposed therefor, be imprisoned in the county jail for any term
not exceeding ninety (90) days, or be required to perform community
service for a period not exceeding ninety (90) days.