[HISTORY: Adopted by the Township Council of the Township
of Verona as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-21-2020 by Ord. No. 2020-26]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Verona of a general and permanent nature adopted by the Township Council of the Township of Verona, as revised and codified and consisting of Chapters 1 through 519, together with two Appendixes, are hereby approved, adopted, ordained and enacted as the Code of the Township of Verona, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1981 Code of the Township of Verona, as amended and supplemented.
A.
A copy of
the Code has been filed in the office of the Township Clerk and shall
remain there for use and examination by the public until final action
is taken on this ordinance. Following adoption of this ordinance,
such copy shall be certified to by the Township Clerk of the Township
of Verona by impressing thereon the Seal of the Township, as provided
by law, and such certified copy shall remain on file in the office
of the Municipal Clerk, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Township Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Township of Verona" shall be understood and intended
to include such additions and amendments.
The Municipal Clerk of the Township of Verona shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Municipal Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and 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.
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 ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 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 April 27, 2020.
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 Township's
indebtedness.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
J.
The dedication
of property or approval of preliminary or final subdivision plats.
K.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
L.
Any ordinance
adopting or amending the Zoning Map.
M.
Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
A.
In preparing
the revision and codification of the Township's ordinances pursuant
to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive
changes were made in one or more of said ordinances. It is the intention
of the Township Council that all such changes be adopted as part of
the Code as if the ordinances so changed had been formally amended
to read as such.
B.
In addition,
the changes, amendments or revisions as set forth in Schedule A attached
hereto and made a part hereof 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.)[1]
[1]
Editor's Note: In accordance with § 1-7B, the chapters, parts and sections which were added, amended, adopted or deleted by this local law are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-21-2020 by Ord. No.
2020-26." Schedule A, which contains a complete
description of all changes, is on file in the Township offices.
C.
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)
Borough. The 1981 Code was published when Verona was
still a Borough. Over the years, as Code pages have been supplemented,
references to "Borough" have been updated to "Township." References
to "Borough" are updated to "Township." In addition, references to
the "Township of the Borough of Verona" are changed to "Township of
Verona."
(2)
Map Filing Law. The Map Filing Law, N.J.S.A. 46:23-9.9
et seq. (L. 1960, c. 141) was repealed by L. 2011, c. 217. References
are updated to refer to N.J.S.A. 46:26B-1 et seq.
(3)
Division of Motor Vehicles. References to the "Division
of Motor Vehicles" are updated to the "Motor Vehicle Commission."
(5)
Chapter 145 is amended to change instances of "pound" to "shelter" and instances of "Dog Warden" to "Animal Control Officer."
(9)
All references
to "Board of Chosen Freeholders" are amended to read as "Board of
County Commissioners."
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Township of
Verona to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to one or more of the following
penalties: a fine of not more than $2,000, imprisonment for not more
than 90 days or a period of community service not exceeding 90 days,
in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
[Adopted during codification (upon enactment, adoption information
will be inserted here)]
If a chapter or article of the Code does not contain a penalty,
then the following penalty provisions shall apply:
A.
Maximum penalty. For violation of any provisions of this chapter,
any other chapter of this Code or any other ordinance of the Township,
the maximum penalty, upon conviction, shall be one or more of the
following: imprisonment in the county jail or in any place provided
by the municipality for the detention of prisoners, for any term not
exceeding 90 days; or by a fine not exceeding $2,000; or by a period
of community service not exceeding 90 days.
B.
A minimum penalty not exceeding $100 shall apply for any and all
violations of any section of the Code of the Township of Verona.
C.
The violation of any ordinance or section of the Code pertaining
to the unlawful disposal of solid waste shall be subject to a minimum
penalty not exceeding $2,500 or a maximum penalty not exceeding $10,000.
D.
The court shall have the power to impose any fine, term of imprisonment,
or period of community service not less than the minimum and not exceeding
the maximum set forth in this section upon any person convicted of
violating any section of the within Code or ordinances of the Township
of Verona.
E.
Any person convicted of violating an ordinance and/or a section of
this Code within one year of the date of a previous violation of the
same ordinance and/or a section of this Code and who was fined for
the previous violation shall be sentenced by the 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 be less than the minimum
or exceed the maximum fine established in this section, but shall
be calculated separately from the fine imposed for the violation of
the ordinance and/or section of this Code.
F.
The Township of Verona may waive the additional fine by ordinance
or resolution for a repeated violation of any ordinance and/or section
of the Code. Any person convicted of the violation of any ordinance
and/or section of the Code in the discretion of the court and in default
of the payment of any fine imposed therefor shall be imprisoned in
the county jail or place of detention provided by the municipality,
for any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
G.
In the event the court wishes to impose a fine in an amount greater
than $1,250 upon an owner of real property for violations of housing
or zoning codes of the Township, then and in that event a thirty-day
grace period shall be provided to said owner in order to cure or abate
the violative condition, and said owner shall also be afforded an
opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning said violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, the court determines that the abatement has not been
substantially completed.
H.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Township exists shall constitute a separate violation.
I.
The maximum penalty stated in this section is not intended to be
an appropriate penalty for every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.
