[HISTORY: Adopted by the Township Council
of the Township of Maple Shade as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-20-2000 by Ord. No. 2000-11]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Maple Shade of a general and permanent nature adopted by the Township Council of the Township of Maple Shade, including the 1975 Code, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 205, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Maple Shade," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, including the 1975 Code, except such ordinances and
prior Code provisions 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 Township 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 Township of Maple Shade by impressing
thereon the Seal of the township, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the township,
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 Township Council of the Township of Maple Shade to make
them a part thereof, shall be deemed to be incorporated into such
Code so that reference to the "Code of the Township of Maple Shade"
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 Township of Maple Shade, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, in a newspaper of general circulation in the Township
of Maple Shade. 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.
It shall be the duty of the Clerk of the Township
of Maple Shade 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.
Copies of the Code, or any chapter or portion
of it, may be purchased from the Clerk of the Township Maple Shade,
or an authorized agent of the Clerk, upon the payment of a fee to
be set by the Township Council. 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 the Code in any manner whatsoever
which will cause the law of the Township of Maple Shade to be misrepresented
thereby. Any person violating any provisions of this section shall
be, upon conviction, subject to a fine of not more than $1,000, a
jail term not to exceed 90 days, or a period of community service
not exceeding 90 days, or any combination of said penalties or all
of said penalties at the discretion of the court having jurisdiction
over this matter.
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, including provisions of the 1975 Code, 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 March 15, 2000.
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 indebtedness of the Township of Maple Shade.
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 budget of the Township of Maple Shade.
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.
N.
Ch. 115, Swimming Pools, of the 1975 Code, and any
Swimming Pool Ordinance amendments.
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 Township Council of
the Township of Maple Shade 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 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 and 1975 Code
provisions as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-14B, the chapters and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-20-2000 by Ord. No. 2000-11." Schedule A, which contains a complete description of all changes, is on file in the township offices.
C.
Nomenclature changes.
(1)
Throughout the Code, wherever the term "Building Inspector"
appeared, it has been changed to "Construction Official or Zoning
Officer."
(2)
Throughout Chapter 178, Subdivisions and Site Plans, wherever the terms "Township Clerk," "Building Services Coordinator" or "Planning Board Secretary" were used in describing the official who accepts subdivision and site plan applications, such term has been changed to "Community Development Director."
[Adopted 6-1-2005 by Ord. No. 2005-6]
[Amended 4-16-2008 by Ord. No. 2008-07[1]]
A.
Any person who shall violate any of the provisions
of any ordinance or part thereof of the Township , upon conviction,
shall be subject to a fine of not more than $2,000, imprisonment for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof in the discretion of
the Municipal Court Judge. Each day on which a violation of an ordinance
exists shall be considered to be a separate and distinct violation
and subject to the imposition of a separate penalty for each day of
the violation, as the Municipal Court Judge may determine.
B.
Whenever a fine is to be imposed to an amount greater
than $1,250 for violations of housing or zoning codes, the owner shall
be provided a thirty-day period during which the owner shall be afforded
the opportunity to cure or abate the condition and shall be afforded
the opportunity for a hearing before the Court for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if the Court has determined that the abatement has not been substantially
completed.
C.
The maximum penalty set forth herein shall not apply
where a specific lower maximum penalty is provided for in a specific
section of the Maple Shade Township Code.
[1]
Editor's Note: This ordinance also repealed
former § 1-16, Separate violation.
The maximum penalty stated in the general penalty
clause of this chapter is not intended to state an appropriate penalty
for each and every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.
