[HISTORY: Adopted by the Township Committee of the Township of Commercial as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-18-2024 by Ord. No. 2024-635]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Commercial of a general and permanent nature adopted by the Township Committee of the Township of Commercial, as revised and codified and consisting of Chapters 1 through 325, are hereby approved, adopted, ordained and enacted as the Code of the Township of Commercial, 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.
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 Commercial 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 Commercial" shall be understood and intended to include such additions and amendments.
The Clerk of the Township of Commercial 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 Commercial 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) 
Ordinance No 1, regarding bicycles, tricycles and similar vehicles, adopted November 5, 1901.
(2) 
Ordinance No 6, regarding automobiles for hire: autobuses, traveling shows and itinerant vendors, adopted April 20, 1923.
(3) 
Ordinance No 14, regarding automobiles for hire: licensing of autobuses, adopted May 21, 1926.
(4) 
Ordinance No 31, regarding peace and good order: disorder and disorderly assemblages, adopted June 3, 1932.
(5) 
Ordinance No 34, regarding taxation: poll tax, adopted January 18, 1935.
(6) 
Ordinance No 35, regarding fireworks, adopted May 29, 1936.
(7) 
Ordinance No 82, regarding authorities: municipal utilities authority, adopted October 25, 1962.
(8) 
Ordinance No 88, regarding mosquito control, adopted April 22, 1965.
(9) 
Ordinance No 115, regarding officers and employees: administrative secretary, adopted January 27, 1972.
(10) 
Ordinance No 116, regarding election districts, adopted January 27, 1972.
(11) 
Ordinance No 127, regarding loitering, adopted July 26, 1973.
(12) 
Ordinance No 75-140, regarding animals: killing of unmuzzled dogs, adopted March 27, 1975.
(13) 
Ordinance No 76-153 regarding officers and employees: temporary dog wardens, adopted January 22, 1976.
(14) 
Ordinance No 76-154 regarding officers and employees: community development coordinator, adopted February 26, 1976.
(15) 
Ordinance No 79- 198, regarding boards, committees and commissions: assessment board, adopted September 26, 1979.
(16) 
Ordinance No 80-210, regarding authorities: housing authority, adopted May 7, 1980.
(17) 
Ordinance No 82-231, regarding mining, adopted February 17, 1982.
(18) 
Ordinance No 83-245, regarding mining amendment, adopted September 28, 1983.
(19) 
Ordinance No 83-248, regarding mining amendment, adopted November 30, 1983.
(20) 
Ordinance No 83-249, regarding solid waste: depositing trash in roadside barrels, adopted February 23, 1984.
(21) 
Ordinance No 90-302, regarding mining amendment, adopted February 22, 1990.
(22) 
Ordinance No 93-341, regarding smoking: smoking in municipal building, adopted November 24, 1993.
(23) 
Ordinance No 95-359, regarding peace and good order: disorderly persons, adopted September 21, 1995.
(24) 
Ordinance No 98-388, regarding Trailer and Boat Storage, adopted March 26, 1998.
(25) 
Ordinance No 98-389, regarding court: public defender, March 26, 1998.
(26) 
Ordinance No 99-403A, regarding trailer and boat storage amendment, December 22, 1999.
(27) 
Ordinance No 2003-436, regarding animals: animal control amendment, January 23, 2003.
(28) 
Ordinance No 2005-460, regarding fees: court discovery fees, January 20, 2005.
(29) 
Ordinance No 2006-468, regarding sex offenders, March 23, 2006.
(30) 
Ordinance No 2012-538, regarding court: Commercial/Downe joint municipal court, October 18, 2012.
(31) 
Ordinance No 2020-601, regarding animals: animal control amendment, August 20, 2020.
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 16, 2023.
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 non-substantive 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 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, 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 I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 7-18-2024 by Ord. No. 2024-635." 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) 
References to "Board of Adjustment," "Planning Board," "Zoning Board," and "Zoning Board of Adjustment" are amended to read "Land Use Board."
(2) 
References to "Federal Insurance Administration" are amended to read "Federal Insurance and Mitigation Administration."
(3) 
References to "Department of Environmental Protection and Energy" are amended to read "Department of Environmental Protection."
(4) 
References to "Board of Chosen Freeholders" are amended to read "Board of County Commissioners."
(5) 
References to "Map Filing Law, N.J.S.A. 46:23-9.9 et seq." (Chapter 141 of the Laws of 1960) are amended to read "Map Filing Law, N.J.S.A. 46:268-1 et seq." (Chapter 217 of the Laws of 2011).
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 Commercial 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, at the discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage and publication as provided by law.