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 Franklin Lakes, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Part III, Chapters
500 through 570, are hereby approved, adopted, ordained and enacted as Part III of the “Code of the Borough of Franklin Lakes,” hereinafter known and referred to as the “Code.”
This ordinance and the Code shall supersede
the 1998 Code of the Borough of Franklin Lakes, adopted 10-5-1998
by Ord. No. 7-98, and 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.
[Amended 3-5-2012 by Ord. No. 12-01; 9-9-2019 by BOH Ord. No. 19-01]
A copy of Chapter
500 has been filed and shall remain on file in the office of the Borough Clerk, to be made available to persons desiring to examine the same during all times while said chapter is in effect.
[Amended 3-5-2012 by Ord. No. 12-01; 9-9-2019 by BOH Ord. No. 19-01]
Any and all additions, amendments or supplements to Chapter
500, when passed and adopted in such form as to indicate the intent of the Board of Health 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 Franklin Lakes" shall be understood and intended to include such additions and amendments.
The Secretary of the Board of Health of the
Borough of Franklin Lakes, 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 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 Franklin Lakes 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.
[Amended 3-5-2012 by Ord. No. 12-01; 9-9-2019 by BOH Ord. No. 19-01]
Each section of Chapter
500 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 §
500-12 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 Ord. No. BH5-98.
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 1988 Code of the Borough of Franklin Lakes which contained
Board of Health ordinances were rearranged and renumbered according
to the Derivation Table included at the end of the Code. Certain grammatical
changes and other minor changes were made in one or more of said ordinances.
Throughout the Code the term “Magistrate” has been changed
to “Judge,” and the term “Department of Environmental
Protection and Energy” has been changed to “Department
of Environmental Protection.” 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.