[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1971 by Ord. No. 631R (Ch. 1, Art. I, of the 1971 Code)]
A. 
Terms used in this Code, unless otherwise specifically defined, shall have the meanings prescribed by the New Jersey Statutes Annotated for the same terms.
B. 
Terms used in this Code shall have the following meanings:
BOROUGH
The Borough of Fanwood, County of Union, New Jersey.
COUNTY
County of Union.
MAYOR AND COUNCIL
The Mayor and Council of the Borough of Fanwood.
ORDINANCES
The ordinances of the Borough of Fanwood and all amendments thereto.
PERSON
Any natural individual, firm, trust, partnership, association, or corporation. Whenever the word "person" is used in any section of the Code prescribing a penalty or fine, as applied to partnerships or associations, the word includes officers, agents, or employees thereof who are responsible for any violations of the section. The singular includes the plural. The masculine gender includes the feminine and neuter genders.
STATE
State of New Jersey.
A. 
Whenever in this Code or in any other ordinance of the Borough, or in any rule, regulation or order promulgated by any officer or agency of the Borough under authority duly vested in him/her/it, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided, the violation of any such provision of this Code or of any other ordinance of the Borough, or of any rule, regulation or order as aforesaid, shall be punishable by one or more of the following: a fine not exceeding $2,000 or by imprisonment for any term not exceeding 90 days or by community service for a term not exceeding 90 days; provided, however, that where the penalty for any particular offense is limited by state statute, then such limitation shall be applicable to the provision of this Code and other ordinances of the Borough, or to any rule, order, or regulation as aforesaid, notwithstanding the provisions of this section.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Each day any violation of this Code or of any other ordinance of the Borough, or of any rule, regulation, or order as aforesaid, shall continue shall constitute a separate offense. In addition, each instance of any violation of this Code or of any other ordinance of the Borough, or of any rule, regulation or order as aforesaid, including each instance of unlawful discharge of garbage, litter, refuse, etc., shall constitute a separate offense.
[Amended 9-28-1988 by Ord. No. 88-19RA; 12-28-1999 by Ord. No. 99-25R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Whenever such fine is imposed upon any corporation, such fine and costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.
[Adopted 8-11-2025 by Ord. No. O-2025-10-R]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Fanwood of a general and permanent nature adopted by the Mayor and Council of the Borough of Fanwood, as revised and codified and consisting of Chapters 1 through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Borough of Fanwood, 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 1971 Code of the Borough of Fanwood, as renumbered in 2001 and as amended and supplemented.
A. 
A copy of the Code has been filed in the office of the Borough 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 Borough of Fanwood by impressing thereon the Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Borough 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 Mayor and Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of Fanwood" shall be understood and intended to include such additions and amendments.
The Clerk of the Borough of Fanwood 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 Borough Clerk as provided in § 1-4 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 Borough of Fanwood 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. 10-09R, Garbage and Refuse Amendment, adopted July 13, 2010.
(2) 
Former Chapter 264, Swimming Pools, of the 2001 Code, adopted December 15; 1971, by Ord. No. 631R (Ch. 81, Art. I, of the 1971 Code), as amended.
(3) 
Former Chapter 284, Vehicles, Storage of, of the 2001 Code, adopted September 12, 1996, by Ord. No. 96-11R (Ch. 88 of the 1971 Code), as amended.
(4) 
Former Chapter A385, Construction Specifications for Streets, Sidewalks and Sewers, of the 2001 Code, adopted December 15, 1971, by Ord. No. 631R (Ch. A117 of the 1971 Code), as amended.
The adoption of this Code and the repeal of ordinances provided for in § 1-7 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 December 22, 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 Borough'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 Borough'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 Mayor and 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[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: In accordance with § 1-9B, 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, the following history: "Amended (added, repealed) 8-11-2025 by Ord. No. O-2025-10-R." Schedule A, which contains a complete description of all changes, is on file in the Borough offices.
C. 
Nomenclature changes. Throughout the Code, the following titles have been updated as follows:
(1) 
"Chairman" and "Chair" are revised to read "Chairperson."
(2) 
"Chief Finance Officer," "Chief Financial Officer" and "Treasurer" are revised to read "Chief Financial Officer/Treasurer."
(3) 
"Construction Code Official" is revised to read "Construction Official."
(4) 
"Emergency Management Defense Council" and "Emergency Management Service Council" are revised to read "Emergency Management Council."
(5) 
"Finance and Administration Committee" and "Finance Committee" are revised to read "Administration and Finance Committee."
(6) 
"Fireman" and "firemen" are revised to read "firefighter" and "firefighters," respectively.
(7) 
"He," "him" and "his" are revised to read "he/she," "him/her" and "his/her," respectively.
(8) 
"Manhole" is revised to read "maintenance hole."
(9) 
New Jersey's "Department of Health and Senior Services" is revised to read "Department of Health."
(10) 
New Jersey's "Division of Motor Vehicles" is revised to read "Motor Vehicle Commission."
(11) 
"Patrolman," "policeman" and "policemen" are revised to read "patrol officer," "police officer" and "police officers," respectively.
(12) 
"Poundmaster" is revised to read "Animal Control Officer."
(13) 
"Recreation Commission" is revised to read "Board of Recreational Commissioners."
(14) 
"Revised Statutes of New Jersey," "New Jersey Revised Statutes" and "Revised Statutes" are revised to read "New Jersey Statutes Annotated."
(15) 
"State Director of Motor Vehicles" and "Director of the Division of Motor Vehicles" are changed to "Chief Administrator of the Motor Vehicle Commission."
(16) 
"Zoning Officer" is revised to read "Zoning Official."
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 Borough of Fanwood 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.