[HISTORY: Adopted by the Mayor and Council of the Borough of Madison as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Mayor and Council
[Adopted 6-14-1976 by Ord. No. 15-76]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Madison, of a general and permanent nature, adopted by the Mayor and Council of the Borough of Madison, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 200, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Madison, Parts I and II," which, together with the Board of Health ordinances adopted as the "Code of the Borough of Madison, Part III," and an Appendix, shall hereinafter be known and referred to as the "Code."
Insofar as the provisions contained in Parts I and II of this Code are substantially the same as provisions contained in the "Revised Ordinances of Madison, New Jersey - 1970," as adopted May 11, 1970, by Ordinance No. 9-70, this revision, codification and consolidation shall be deemed a recodification of the Revised Ordinances of Madison, New Jersey - 1970 and is intended as a continuation of the provisions contained in said Revised Ordinances.
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, including the Revised Ordinances of Madison, New Jersey - 1970, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
All provisions of this ordinance and the Code shall be in full force and effect on and after July 4, 1976.
A copy of the Code in loose-leaf form 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; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Madison 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 Clerk of the Borough to be made available to persons desiring to examine the same during all times while the said Code is in effect.
The Clerk of the Borough of Madison, pursuant to law, shall cause to be published in the manner required a copy of this adopting ordinance in a newspaper of general circulation in the Borough. Sufficient copies of the Code shall be maintained in the office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
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 Borough of Madison" 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 the said Code, as amendments and supplements thereto.
All ordinances of a general and permanent nature adopted subsequent to the date given in § 1-14A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such legislation shall be temporarily placed in the Code until printed supplements are included.
It shall be the duty of the Clerk, or someone authorized and directed by him, to keep up-to-date the certified copy of the book containing the Code required to be filed in his 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.
Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by ordinance of the Mayor and Council, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.
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 Borough of Madison to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalties provided in § 1-15 of this ordinance.
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 section or part 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 § 1-13 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to March 8, 1976 (Ordinance No. 4-76).
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place, or any portion thereof.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Any ordinance creating positions of employment with the Borough and/or establishing the amount and manner of payment of salaries or compensation of officers and employees. Ordinance No. 550, adopted January 22, 1951, as amended, is hereby specifically saved from repeal.
Any ordinance making any change or revision in the Zoning Map adopted December 9, 1968, by Ordinance No. 26-68.
An ordinance relating to the paving, curbing, grading, relaying and repairing of sidewalks and gutters, adopted February 14, 1906, as Ordinance No. 55.
Any ordinance providing for the naming of streets or the numbering of buildings.
Unless a specific penalty is provided elsewhere in Parts I and II of this Code, in state law or in other ordinances of the Mayor and Council for a particular violation, any person, firm, partnership, association of persons, club, corporation or other organization, including any agent, servant or employee thereof, found guilty of violating any provision of Part I or II of this Code, or any supplement thereto, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, shall, upon conviction thereof, be punishable by one or more of the following: a fine of not to exceed $2,000; by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
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 Mayor and Council 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.
The following changes, in the form of deletions, revisions or additions to the original ordinances, have been made in the preparation of this revision and codification. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code. References to former sections and Articles generally relate to the Revised Ordinances of Madison, New Jersey - 1970.)
In accordance with the revision of the statutory provisions concerning local municipal courts, the term "Recorder" or "Magistrate" or "Municipal Magistrate" or other similar title is changed to "Judge" or "Judge of the Municipal Court" wherever it may appear in the Code of the Borough of Madison.
Editor's Note: The following additions, amendments and deletions were made to the Code pursuant to § 1-16B. A complete description of these changes is on file in the office of the Administrator-Clerk.
A. The following sections were added or amended: §§ 4-2C, 7-1, 12-1, 12-3, 12-4, 18-7F, 18-8F, 22-4, 30-2, 30-6B and C, 30-7A, 30-10C, 30-11A(2) and B, 30-12B, 30-15A, 30-17B, 30-18A(2), B(5) and C(4) (a), 30-27C, 32-1B, 34-5E, 34-7B, 34-12B(2), 34-13A and B, 56-12, 70-2, 79-2, 89-2, 89-16, 99-1, 101-7A(3) and E, 101-11, 113-4A, 113-11C, 113-12, 120-2, 120-6, 147-1D(1), E(4) and F, 155-9, 166-1 through 166-9, 166-12, 168-3, 168-8A, 168-9H, 168-11, 168-24, 185-4, 185-5, 185-12, 185-14, 185-15, 185-18, 185-19, 185-24 through 185-28, 185-29, 185-30B, 185-31, 185-32, 185-35, 185-37, 185-38, 185-40, 185-41, 185-42, 185-44, 185-45, 185-46, 190-1, 195-4, 195-11E(7), 195-16B(10), 195-31B(1) and 195-88I(1).
B. The following sections were deleted:
(1) Sections 31.2 through 31.12, 41.3(4), 53.36, 57.4(2), 57.4(5), 57.5(30), 61.6(f), 61.7, 85.3 and 85.5 of the 1970 Revised Ordinances.
(2) Sections 3, 5 and 9 of Ord. No.28 adopted 10-1-1898.