[Adopted 12-4-2001 by Ord. No. 41-2001]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the City of Millville of a general and permanent nature adopted by the Board of Commissioners as contained in the Revised General Ordinances of City of Millville 1989, as amended, have been supplemented, revised and recodified into chapters, articles and sections by General Code Publishers Corp. The Code shall consist of Chapters 1 through 77, and are hereby approved, adopted, ordained and enacted as the "Code of the City of Millville," hereinafter known and referred to as the "Code." The chapters and sections of the 1989 Revised General Ordinances are hereby distributed and renumbered in the 2001 Code of the City of Millville as indicated on the Derivation Table attached to and made a part of this ordinance.[1]
[1]
Editor's Note: Said Derivation Table is on
file in the City offices.
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, including the 1989 Revised General Ordinances, except
such ordinances as are hereinafter expressly saved from repeal or
continued in force.
This ordinance shall take effect immediately
upon passage and publication according to law.
[Amended 10-3-2017 by Ord. No. 35-2017]
A copy of the Code in loose-leaf form has been
filed in the office of the City Clerk and shall remain there for use
and examination by the public until final action is taken on this
ordinance; and, if this ordinance shall be adopted, such copy shall
be certified to by the Clerk of the City of Millville by impressing
thereon the Seal of the City, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the City,
to be made available to persons desiring to examine the same during
all times while said Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the governing body to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"Code of the City of Millville" shall be understood and intended to
include such additions and amendments. Whenever such additions, amendments
or supplements to the Code shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing said Code as amendments and supplements thereto.
[Amended 10-3-2017 by Ord. No. 35-2017]
The Clerk of the City of Millville, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, in a newspaper of general circulation in the City.
Sufficient copies of the Code shall be maintained in the office of
the Clerk for inspection by the public at all times during regular
office hours. The enactment and publication of this Adopting Ordinance,
coupled with availability of copies of the Code for inspection by
the public, shall be deemed, held and considered to be due and legal
publication of all provisions of the Code for all purposes.
[Amended 10-3-2017 by Ord. No. 35-2017]
It shall be the duty of the Clerk or someone
authorized and directed by the Clerk to keep up-to-date the certified
copy of the book containing the Code required to be filed in his or
her office for the use of the public. All changes in said Code and
all ordinances adopted subsequent to the effective date of this codification
which shall be adopted specifically as part of the Code shall, when
finally adopted, be included therein by reference until such changes
or new ordinances are printed as supplements to said Code book, at
which time such supplements shall be inserted therein.
[Amended 10-3-2017 by Ord. No. 35-2017]
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk, or an authorized agent of
the Clerk, upon the payment of a fee to be set by the Board of Commissioners.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the City of Millville to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one or more of the following:
a fine of not more than $1,000, 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.
Each section 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 a 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.
Each section of this ordinance is an independent
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.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adopting Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 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 October 16, 2001.
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 agreement entered into or 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.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain
grammatical changes and other minor changes were made in one or more
of said ordinances. It is the intention of the Board of Commissioners
that all such changes be adopted as part of the Code as if the ordinances
so changed had been previously formally amended to read as such.
B.
In addition, the following changes, amendments or
revisions are made herewith, necessitated by the recodification into
a new chapter and article numbering system, to become effective upon
the effective date of this ordinance:
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Chapter 1, General Provisions
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Article II, Definitions and Construction
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The following sections of former Chapter I,
General, are deleted as duplicative provisions exist in this ordinance
or they are no longer applicable under the organization and formatting
of the 2001 Code:
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A.
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Section 1-1, Short Title.
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B.
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Section 1-4, Severability.
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C.
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Section 1-5, Revised General Ordinances of the City of Millville to be maintained by the City Clerk.
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D.
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Subsection b, Divisions of the Revision, in Section 1-3, Construction.
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Section 1-15, the definition of "New Jersey Statutes Annotated or Revised Statutes of New Jersey" is amended to delete "or Revised Statutes of New Jersey" as the 2001 Code only uses N.J.S.A. references.
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Chapter 2, Administration
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Article XI, Shade Tree Commission
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Section 2-49 is amended to delete former Subsection f reading as follows: "This section shall be enacted under Chapter II, subsection 2-9.3 of the Municipal Code of the City of Millville and deleted from Chapter XII, subsection 12-4.12 of the Municipal Code of the City of Millville."
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Chapter 11, Bureau of Permits and Inspections
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