[HISTORY: Adopted by the Shade Tree Commission of the Borough of
Chatham as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-21-2005 by Ord. No. STC 05-01]
Pursuant to N.J.S.A. 40:49-4, the Shade Tree Commission ordinances of the Borough of Chatham of a general and permanent nature adopted by the Shade Tree Commission of the Borough of Chatham, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 313 through 314, are hereby approved, adopted, ordained and enacted as Part IV of the "Code of the Borough of Chatham," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1975 Code and all general
and permanent ordinances enacted prior to the enactment of this Code, 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.
A copy of the Code in loose-leaf form has been filed in the office of
the Borough Clerk and/or Shade Tree Commission 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 Shade Tree Commission of the Borough of Chatham, as provided by law, and
such certified copy shall remain on file in the office of the Borough Clerk
and/or the Shade Tree Commission, 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 Part IV of the Code,
when passed and adopted in such form as to indicate the intent of the Shade
Tree Commission to make them a part thereof, shall be deemed to be incorporated
into Part IV of such Code so that reference to the "Code of the Borough of
Chatham" 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.
The Clerk of the Borough of Chatham or the Shade Tree Commission, pursuant
to law, shall cause this Adopting Ordinance to be published, in the manner
required, in a newspaper of general circulation in the Borough. Sufficient
copies of the Code shall be maintained in the office of the Clerk or the Shade
Tree Commission 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.
It shall be the duty of the Clerk or the Shade Tree Commission or someone
authorized and directed either 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.
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 governing body. 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 Borough of Chatham to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine as provided in Chapter 1, § 1-14 of the Code of the Borough of Chatham.
Each section of Part IV 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 which are
inconsistent with the any provision in the Code are hereby repealed to the
extent of such inconsistency as of the effective date of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 314-12 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 3-28-1966.
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 relating to or establishing a pension plan
or pension fund for Shade Tree Commission employees.
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 Shade Tree Commission 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.
