[HISTORY: Adopted by the Mayor and Council of the Borough of Woodstown 12-11-72 as Ord. No. 259. Amendments noted where applicable.]
Be it ordained by the Mayor and Council of the Borough of Woodstown, in the County of Salem and State of New Jersey:
[Amended 9-12-95 by Ord. No. 495]
Pursuant to N.J.S.A. 40:49-4, the Ordinances of the Borough of Woodstown, adopted by the Mayor and Council as revised, codified and consolidated into chapters and sections consisting of Chapters 1 through 108 together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Woodstown," 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 January 1, 1973.
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 Borough Clerk of the Borough of Woodstown 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 Borough 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 Woodstown 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 Woodstown, 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 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.
[Amended 9-12-95 by Ord. No. 495]
It shall be the duty of the Clerk to oversee all updates of the Code Book and to maintain the official copy of the Code Book in the Clerk's Office for use by the public. All changes in the Code and all ordinances adopted after December 11, 1972 which shall be adopted specifically as a part of the Code, shall, when finally adopted, be included in the Code by reference until such changes or new ordinances are printed as supplements to the Code book, at which time the supplements shall be inserted therein. It shall be the Clerk's responsibility to obtain Code supplements no less than one time per year.
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 Woodstown to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for not more than 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 unconsitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section 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 Ord. No. 249, adopted 2-28-72.
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, 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 making any change or revision in the Zoning Map.
Any ordinance regulating traffic or parking.
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 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.)
Chapter 7, Court, Municipal.
Section 7-5, Salary of Municipal Judge (formerly Section 5 of Ord. No. 120 adopted 1-24-49), is revised in part as follows:
"The Municipal Judge shall receive an annual salary as set forth in the annual Salary Ordinance, to be paid."
Chapter 14, Health, Board of.
Section 14-2, Composition, terms of office (formerly Section 2 of Ord. No. 21 adopted 1-4-1897), is revised to read as follows:
"The said Board of Health shall consist of six members. Two members shall hold office for one year, two members shall hold office for two years and two members shall hold office for three years. At the expiration of their terms, the same members or other members shall be appointed in their stead."
"All members of said Board hereafter appointed shall hold said office for a term of three years, except in the case of vacancies, which shall be filled for the unexpired term only, by appointment of Council only."
Chapter 21, Police Department.
Chapter 37, Amusement and Vending Devices.
Section 37-1, License required (formerly Section 1 of Ord. No. 189 adopted 3-27-61), is amended by deleting the words "any cigarette, tobacco, softdrink, milk, popcorn" from the section.
Chapter 43, Brush, Hedges, Weeds and Obnoxious Growth.
Section 43-1, Permitting weeds; obnoxious growth unlawful (formerly Section 1 of Ord. No. 180 adopted 8-8-60), is amended by adding the words "tall grass" to this section, and deleting the words "that may be growing, lying or located thereon" from the end of the section.
Section 43-6, Duty of owners; notice (formerly Section One of Ord. No. 148 adopted 6-23-52), is amended by adding the following provisions to the end of the section:
"When the Borough Clerk learns of any violation of this provision, he shall immediately cause notice to be given to the owner and/or tenant of the premises of property affected to remove or cut the brush, hedges or other plant life within 10 days after the receipt of such notice."
In the following sections, the penalty provisions are revised to provide that violators will be punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, the imposition of such penalties being authorized by N.J.R.S. 40:49-5, as amended:
§ 35-15 (formerly Section 17 of Ord. No. 83 adopted 5- 20-35);
§ 37-5 (formerly Section 5 of Ord. No. 189 adopted 3-27-61);
§ 43-10 (formerly Section Five of Ord. No. 148 adopted 6-23-52);
§ 49-3 (formerly Section 3 of Ord. No. 185 adopted 11- 28-60);
§ 53-6 (formerly Section 5 of Ord. No. 207 adopted 7- 13-64);
§ 57-3 (formerly Section 3 of Ord. No. 146 adopted 3- 10-52);
§ 57-6 (formerly Section 3 of Ord. No. 128 adopted 3-15-50);
§ 59-2 (formerly Section 2 of Ord. No. 221 adopted 6-12-67);
§ 60-10 (formerly Section 11 of Ord. No. 181 adopted 8-8-60);
§ 63-12 (formerly Article XII of Ord. No. 100 adopted 6-10-40);
§ 63-16 (formerly Section 3 or Ord. No. 90 adopted 5-2-38);
§ 65-7 (formerly Section 7 of Ord. No. 240 adopted 9- 28-70);
§ 68-8 (formerly Section 8 of Ord. No. 179 adopted 8-8-60);
§ 76-8 (formerly Section 8 of Ord. No. 64 adopted 5-4-25);
§ 78-7 (formerly Section 7 of Ord. No. 143 adopted 6-25-51);
§ 78-13 (formerly Section 6 of Ord. No. 216 adopted 6-10-66);
§ 81-18 (formerly Section 18 of Ord. No. 111 adopted 2-11-46);
§ 83-3 (formerly Section 5 of Ord. No. 136 adopted 6- 26-50);
§ 88-12 (formerly Section 12 of Ord. No. 239 adopted 4-27-70);
§ 91-15 (formerly Section 15 of Ord. No. 238 adopted 4-13-70);
§ 93-65 (formerly Section 71.30 of Ord. No. 245 adopted 5-24-71).