[Adopted 5-15-78 as Ord. No. 839A]
Be it ordained by the Mayor and Council of the Borough of Somerville, in the County of Somerset and State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Somerville, of a general and permanent nature, adopted by the Mayor and Council of the Borough of Somerville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 175, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Borough of Somerville, 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.
All provisions of this ordinance and the Code shall be in full force and effect on and after May 31, 1978.
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 Somerville 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, 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, 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 Somerville 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 the said Code, as amendments and supplements thereto.
The Clerk of the Borough of Somerville, 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 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 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 Clerk, or someone authorized and directed by him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his 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 Clerk 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.
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 Somerville 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:
Any ordinance adopted subsequent to June 6, 1977.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, repair, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place, or any portion thereof.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees, establishing workdays and working hours of certain employees and providing for holidays and vacations for employees and keeping of employment records.
Any ordinance concerning zoning, particularly Ordinance No. 703, adopted 12-6-71, or making any change or revision in the Zoning Map.
Any ordinance regulating traffic or parking.
Any ordinance establishing or regulating the Police Department.
Ordinance No. 709, adopted 2-7-72, authorizing the Borough of Somerville to enter into a joint contract with other municipalities to establish a regional animal shelter.
Any ordinance regulating handbills, advertising or littering, particularly Ordinance No. 4, adopted 8-18-09; Ordinance No. 336, adopted 5-3-37; and Ordinance No. 550, adopted 4-18-60, or any amendments thereto.
Any ordinance providing for sanitary landfills and sanitary landfill sites in the borough.
Any ordinance creating offices, boards and authorities and providing for appointments of officers and employees in the borough.
Any ordinance providing for or regulating sanitary sewers or sewage disposal in the borough, specifically Ordinance No. 520, as amended, establishing the Somerset-Raritan Valley Sewerage Authority.
Any ordinance providing for shade or ornamental trees.
Any ordinance providing for the removal of snow from sidewalks, particularly Ordinance No. 572, adopted 12-11-61.
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 Mayor and Council 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.
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.)
Editor's Note: Pursuant to § 1-14B, the following chapters and sections were revised. A complete description of these revisions is on file in the office of the Borough Clerk. Sections amended or added: §§ 12-4, 12-5A, 12-5B, 18-2, 18-3, 18-4, 18-8, 18-12B, 18-14, 18-17, 18-21, 18-25, 23-2, 45-14A, 48-8B, 48-10, 48-14, 48-16, 51-1, 51-16, 59-3, 69-2B, 80-1, 86-1, 86-2D, 86-3, 86-4, 86-6, 86-8 and 122-12. Chapters amended: Ch. 33; Ch. 140. Original sections deleted: Section 7 of Ord. No. 396, regarding location of Municipal Court; Subsection (f) of Section 77-4 of Ord. No. 308, concerning indecent exposure in connection with operation of amusements; Section 77-6 of Ord. No. 308, concerning the purpose of the ordinance; Section 39-23 of Ord. No. 301 concerning the purpose of the ordinance; Section 7 of Ord. No. 612, defining "swimming pool."
Penalties. In the following sections, the penalty provisions are revised to provide that violators will be punishable upon conviction by a fine not exceeding five hundred dollars ($500.) or by imprisonment for a term not exceeding ninety (90) days, or both such fine and imprisonment, the imposition of such penalties being authorized by N.J.S.A. 40:49-5, as amended.
[Added 9-2-97 by Ord. No. 2039]
Upon conviction for violation of any provision of this Code or other ordinance of the Borough of Somerville, the maximum penalty shall be one (1) or more of the following: a fine not to exceed two thousand dollars ($2,000.), imprisonment in the County Jail for a period not to exceed ninety (90) days, and/or a period of community service not to exceed ninety (90) days.
[Amended 10-7-02 by Ord. No. 2132; 10-20-08 by Ord. No. 2284]
Each and every day upon which a violation of any provision of this Code or other ordinance exists shall constitute a separate violation.
Editor's Note: Violations of Housing or Zoning Codes; Time Permitted to Abate Condition; Hearing. Any municipality that chooses to impose a fine in an amount greater than one thousand two hundred fifty dollars ($1,250.) upon an owner for violations of housing or zoning codes shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than one thousand two hundred fifty dollars ($1,250.) may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed (N.J.S.A. 40:49-5).
[Added 9-2-97 by Ord. No. 2039]
For the purpose of construing the meaning of any provision of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
Words importing the singular shall include the plural; words importing the plural shall include the singular; and, words importing one gender shall include all other genders.
Captions have been inserted only for the purpose of facilitating reference to various sections, and are not intended and shall not be utilized to construe the intent and meaning of the text of any section.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be performed shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
Whenever a specific time is used, it shall mean the prevailing and established time in effect in the State of New Jersey on the applicable date.
Any citation of a statute, rule, regulation, or ordinance shall be deemed to refer to such statute, rule, regulation, or ordinance as amended, whether or not such designation is included in the citation.