[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. I and § 3-1 of the 1980 Code]
[Amended 6-15-2022 by Ord. No. 5-2022]
This Code shall be known and may be cited as the "Code of the
Township of Fairfield, New Jersey," and is herein referred to as the
"Code."
[Amended 6-15-2022 by Ord. No. 5-2022]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following terms shall
have the meanings indicated:
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the government established or designated
by ordinance or this Code as a department, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Township.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month unless otherwise specifically provided.
Any act of local legislation heretofore or hereafter adopted,
and including this Code, so long as it is adopted by the procedure
required for the adoption of an ordinance and so long as it remains
in force and effect pursuant to law.
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups, or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk, and crosswalk, and every class
of road, square, place or municipal parking field used by the general
public.
The Township of Fairfield in the County of Cumberland and
State of New Jersey.
The Mayor and Committee of the Township.
A calendar year unless otherwise specifically provided.
[Amended 6-15-2022 by Ord. No. 5-2022]
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
A.
The
present tense includes the past and future tenses, and the future,
the present.
B.
The
masculine gender includes the feminine and neuter.
C.
The
singular number includes the plural and the plural the singular.
D.
"Shall"
is mandatory and "may" is permissive.
E.
The
time within which an act is to be done shall be computed by excluding
the first and including the last day, and if the last day be a Sunday,
a legal holiday, or a day on which the offices of the Township are
closed, that day shall be excluded.
F.
"Writing"
and "written" shall include printing, typewriting and any other mode
of communication using paper or similar material which is in general
use, as well as legible handwriting.
G.
Whenever
a specific time is used in this Code, it shall mean the prevailing
and established time in effect in the State of New Jersey during any
day in any year.
H.
Any
citation of a statute, law or ordinance contained in this Code shall
be deemed to refer to such statute, law or ordinance as amended, whether
or not such designation is included in the citation.
[Amended 6-15-2022 by Ord. No. 5-2022]
If any chapter, section, subsection or paragraph of this Code
shall be declared to be unconstitutional, invalid, or inoperative,
in whole or in part, by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this Code.
A.
Maximum
penalty. For violation of any provision of this Code or any other
ordinance of the Township where no specific penalty is provided regarding
the section violated, the maximum penalty, upon conviction, shall
be one or more of the following: a fine not exceeding $2,000, or imprisonment
for a period not exceeding 90 days, or a period of community service
not exceeding 90 days (N.J.S.A. 40:49-5). Nothing herein shall prohibit
the Municipal Court or Township enforcement officials from providing
an opportunity to cure or abate violations where appropriate and nothing
herein shall mandate that the maximum available fine be assessed.
[Amended 4-20-2016 by Ord. No. 8-2016; 6-15-2022 by Ord. No. 5-2022]
B.
Separate
violations. Except as otherwise provided, 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.
[Amended 6-15-2022 by Ord. No. 5-2022]
C.
Application.
The maximum penalty stated in this section is not intended to state
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 violation.
D.
Minimum
penalty. The Township Committee may prescribe that, for the violation
of any particular Code provisions or ordinance, at least a minimum
penalty shall be imposed which shall consist of a fine which may be
fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).
E.
Violations
of housing or zoning codes. In the event that a fine in an amount
greater than $1,250 is to be imposed 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, it is determined
that the abatement has not been substantially completed.
[Added 6-15-2022 by Ord. No. 5-2022]
[Adopted 6-15-2022 by Ord. No. 5-2022[1]]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Fairfield of a general and permanent nature adopted by the Township Committee of the Township of Fairfield, as revised and codified and consisting of Chapters 1 through 450, together with two Appendices, are hereby approved, adopted, ordained and enacted as the Code of the Township of Fairfield, 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 Township of Fairfield adopted October 28, 1980, 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 Fairfield 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 Fairfield" shall be understood and
intended to include such additions and amendments.
The Clerk of the Township of Fairfield 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 § 1-7 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.
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 Fairfield
which is not in conflict with the provisions of the Code shall be
deemed to remain in full force and effect.
B.
The following ordinances have been excluded from the Code and are
specifically repealed:
(1)
Section 2-12, Tax Exemptions for Residential Buildings, of the 1980
Revised General Ordinances.
(2)
Section 3-3, Disorderly Conduct, of the 1980 Revised General Ordinances.
(3)
Section 3-8, Loitering, of the 1980 Revised General Ordinances.
(4)
Section 4-3, Taxicabs, of the 1980 Revised General Ordinances.
(5)
Section 9-3, Removal of Dangerous Walls or Structures, of the 1980
Revised General Ordinances.
(6)
Ordinance No. 06-2013, adopted August 20, 2013, which purported to
amend Chapter VIII, Streets and Sidewalks, of the 1980 Revised General
Ordinances, which had been amended in its entirety by Ordinance No.
511-2003, adopted May 20, 2003.
(7)
Ordinance No. 08-2013, adopted August 20, 2013, and Ordinance No.
10-2013, adopted December 10, 2013, which purported to amend Chapter
XIX, Enforcement of the Uniform Fire Code Pursuant to the Uniform
Fire Safety Act, of the 1980 Revised General Ordinances, which had
been replaced by Ordinance No. 01-2005, adopted April 19, 2005.
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 17, 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 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 attached hereto and made a part hereof[1] 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: In accordance with § 1-12B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-15-2022 by Ord. No. 5-2022." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Throughout the Code:
(1)
References to "Treasurer" are amended to "Chief Financial Officer."
(2)
References to "Chairman" are amended to "Chairperson."
(3)
References to "Planning Board," "Zoning Board," "Zoning Board of
Adjustment," "Board of Adjustment" and "Land Use Board" are amended
to "Planning and Zoning Board."
(4)
References to "Construction Official" and "Building Inspector" are
amended to "Construction Code Official."
(5)
References to "Zoning Official" and "Flood Map Official" are amended
to "Zoning Officer."
(6)
References to "registered professional engineer" are amended to "licensed
professional engineer."
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
Fairfield 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.
