[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 2-15-2023 by Ord. No. 2023-01.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of West Deptford of a general and permanent nature adopted by the Township Committee of the Township of West Deptford, as revised and codified and consisting of Chapters 1 through 196, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Township of West Deptford, 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 West Deptford, 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 Clerk of the Township
of West Deptford 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 Township 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 Committee 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 West Deptford" shall be understood
and intended to include such additions and amendments.
The Clerk of the Township of West Deptford 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 Township 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.
A.
Ordinances
or parts of ordinances inconsistent with the provisions contained
in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Township of West Deptford which is
not in conflict with the provisions of the Code shall be deemed to
remain in full force and effect.
B.
The
following former chapters of the 1981 Code, as amended, have been
excluded from the Code and are specifically repealed:
(1)
Ch. 8, Beautification Committee.
(2)
Ch. 16, Development, Department of.
(3)
Ch. 30, Green Team.
(4)
Ch. 35, Industrial Commission.
(5)
Ch. 65, Township Treasurer.
(7)
Ch. 110, Minibikes.
(8)
Ch. 126, Potentially Dangerous Substances, Transportation and Disposal
of.
(9)
Ch. 130, Rivergate Boat Ramp.
(10)
Ch. 135, Shopping Carts.
(11)
Ch. 150, Taxicabs.
(13)
Ch. 181, Nuisances, Public Health.
(14)
Ch. 186, Sewage Disposal Systems, Individual.
(16)
Ch. 196, Water Supply Systems.
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 November 14, 2022.
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 Committee 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[1] 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]
Editor's Note: Schedule A may be found in the Township offices.
C.
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)
References to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. (L.
1960, c. 141) are updated to refer to N.J.S.A. 46:26B-1 et seq.
(2)
"Township Treasurer" (and "Treasurer," when it is clearly a reference
to the Township Treasurer and not the State Treasurer) are changed
to "Chief Financial Officer."
(3)
"Animal Warden" is changed to "Animal Control Officer."
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
West Deptford 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.
