Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Estell Manor of a general and permanent nature adopted by the City Council of the City of Estell Manor, as revised and codified and consisting of Chapters
1 through
380, are hereby approved, adopted, ordained and enacted as the Code of the City of Estell Manor, 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 Revised General Ordinances of the City of Estell Manor, 1974, as amended and supplemented, adopted by ordinance of the City Council 10-2-1974; and the Revised General Ordinances of the Board of Health of the City of Estell Manor, 1974, as amended and supplemented, adopted by ordinance of the Board of Health 10-2-1974.
The Clerk of the City of Estell Manor 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 City Clerk as provided in §
1-7 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.
The adoption of this Code and the repeal of ordinances provided for in §
1-10 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 10, 2021.
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 City'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.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the City of Estell
Manor 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.