[HISTORY: Adopted by the Mayor and Council of the Borough
of Clementon as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-24-2009 by Ord. No. 2009-25]
Pursuant to N.J.S.A. 40:49-4, the ordinances of a general and permanent nature adopted by the Board of Health of the Borough of Clementon, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Part III, Chapters
299 through
316, are hereby approved, adopted, ordained and enacted as Part III of the "Code of the Borough of Clementon," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1966 Code of
the Borough of Clementon all other 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 Secretary 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 Secretary of the Borough of Clementon 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 Secretary of the Borough,
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
Borough of Clementon" 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 Secretary of the Board of Health of the Borough of Clementon,
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 Secretary 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 Secretary or someone authorized
and directed by the Secretary 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 Secretary, or an authorized agent of the Secretary,
upon the payment of a fee to be set by the Board of Health. The Secretary
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 Clementon to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to a fine of not more than $500 nor less
than $5, 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 which are inconsistent with any provisions
of any ordinance 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 November 25, 2003.
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.
In compiling and preparing the ordinances for adoption as part
of the Code pursuant to N.J.S.A. 40:49-4, the chapters of the 1966
Code of the Borough of Clementon which contained Board of Health ordinances
were rearranged and renumbered according to the Derivation Table attached
hereto. Certain grammatical changes and other minor changes were made
in one or more of said ordinances. It is the intention of the Board
of Health that the renumbering and 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.