[HISTORY Adopted by the Township Council of the Township of Byram as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-19-1990 by Ord. No. 14-1990]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Byram of a general and permanent nature adopted by the Township Council of the Township of Byram, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 240, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Byram," 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, 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 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 Byram 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 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 Township of Byram" 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 Byram, 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 Township. 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, 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 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 resolution of the Township Council, which 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 Township of Byram to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to the penalties provided in § 1-15 hereof.
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 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:
Any ordinance adopted subsequent to March 5, 1990.
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 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.
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 Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance regulating vehicles and traffic in the Township of Byram.
Any ordinance amending the Zoning Map of the Township of Byram.
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 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.
Except where specifically provided otherwise in Subsection C below, the words "Township Committee" are changed to "Township Council" throughout the Code.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance (Chapter and section number references are to the ordinances as they have been renumbered and appear in this Code):
Editor's Note: Pursuant to § 1-14C, the following sections, articles and chapters were added or amended at time of adoption of Code: §§ 3-4I and J, 3-18, 3-22, 3-23, 3-42, 3-45, 3-48, 3-49, 3-50, 3-52, 7-2, 7-3, 7-4, 19-1, 19-3, 27-7C, 32-1, 34-1A, 45-1A and D, 45-2, 45-9I, 45-13, 45-21A, 45-26D, 45-28, 45-31A, 45-34, 73-2, 73-6D, 82-1, 82-3, 82-5, 82-7, 82-8A, 82-11, 85-2, 85-3C, J, K and L, 85-4A(1), 85-5B, 85-6, 85-8, 87-7, 87-8D, 87-9B, 87-12A(6) and (7), 87-12D(2), 87-21, 87-23, 96-1A, 96-2, 96-4, 99-2, 99-3, 99-4, 99-9, 104-1, 104-2, 112-1A, 112-3A, 125-1, 125-2C, 125-5, 131-1, 131-2, 131-3A, 133-6E and F, 136-8, 148-2, 148-10, 148-11F, 148-12, 150-2A, 153-3, 160-8, 164-2A, 164-13, 164-14B, 164-24, 176-6, 182-3, 182-4A(17) and (18), 182-4B(2) and (7), 182-6, 182-7, 182-8, 195-1, 195-2, 195-4, 195-6, 208-3, 208-12, 213-2, 213-5, 213-9C, 213-12, 213-13B, 240-19, 240-20, 240-23A and 240-46; Ch. 3, Arts. VIII and XI. Ch. 48, Ch. 87, Art. III, Ch. 104, Art. II, Ch. 156 and Ch. 171.
In addition, original Sec. 2-18, Transitional Provisions, of an ordinance adopted 9-16-1985 was deleted.
A complete description of each change is on file in the office of the Township Clerk.
Maximum penalty. For a violation of any provision of this Code or any other ordinance of the Township where no specific penalty is provided, unless otherwise provided by law, any person, firm, association, partnership or corporation so violating shall, upon conviction, be subject to one or more of the following: a fine not exceeding $1,000, imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, all of the aforesaid, however, being in the discretion of the Judge or other officer having jurisdiction.
Minimum fine. The Judge or other officer having jurisdiction shall impose a mandatory minimum fine in the amount of $25 for the violation of any ordinance for which there is no specific penalty. A minimum fine of $50 shall be imposed for the second violation of the same ordinance. A minimum fine in the amount of $100 shall be imposed for any third or subsequent violation of the same ordinance.
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Township exists shall constitute a separate violation.
Repeat violation. Pursuant to N.J.S.A. 40:69A-29, any person who is convicted of violating any provision of the Code or any ordinance of the Township within one year of the date of a previous violation of the same Code provision or ordinance and who was fined for the previous violation shall be sentenced by the court to any additional fine as a repeat offender, which fine shall be calculated separately from the fine imposed for the violation and in accordance with N.J.S.A. 40:69A-29.
In addition to the fines and penalties authorized herein, any person who violates any provision of this Byram Township Code shall reimburse the Township of Byram for all costs of investigation, inspection and prosecution arising from violation of this chapter, including costs of litigation and reasonable attorney's fees. All costs and fees awarded pursuant to this section to the Township of Byram shall constitute an assessment and lien against the subject property and shall accrue interest as provided by law.
[Added 2-7-2000 by Ord. No. 1-2000]