[HISTORY: Adopted by the Township Council of the Township of Burlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES001a App I Nontraffic Vio
Administration of government — See Ch. 20.
Article I Adoption of Code
Article II Definitions; General Penalty
[Adopted 9-23-2008 by Ord. No. 08-OR-025]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Burlington of a general and permanent nature adopted by the Township Council of the Township of Burlington, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 595, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Burlington," 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 Burlington 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 Burlington" 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 Burlington, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, 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 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 authorized by the Township. The Clerk shall 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 Township of Burlington to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $2,000, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, 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 are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided. In particular, the General Ordinances of the Township of Burlington, adopted October 22, 1975, as amended and supplemented, is hereby repealed and replaced with the Code of the Township of Burlington.
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 July 22, 2008.
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, changes 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, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
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 adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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.
In addition, the changes, amendments or revisions as set forth in Schedule A 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 as they have been renumbered and appear in the Code).
Editor's Note: In accordance with § 1-14B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 9-23-2008 by Ord. No. 08-OR-025." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
[Adopted 5-9-1995 (Ch. I of the 1975 General Ordinances)]
Editor's Note: Sections 1:1, 1:2, 1:3, 1:5-7 through 1:5-10, 1:6, 1:7, second paragraph of 1:9, 1:12 and 1:13 of Ch. I of the 1975 Code were deleted 9-23-2008 by Ord. No. 08-OR-025.
Terms used in this Code, unless otherwise specifically defined, have the meanings prescribed by the Revised Statutes of New Jersey for the same terms.
Terms used in this Code have the following meanings:
- The Township Council.
- County of Burlington.
- The ordinances of the Township of Burlington and all amendments thereto.
- Any natural individual, firm, trust, partnership, association or corporation. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as applied to partnerships or associations, the word includes the partners or members thereof, and as applied to corporations, includes officers, agents or employees thereof who are responsible for any violations of the section. The singular includes the plural. The masculine gender includes the feminine and neuter genders.
- State of New Jersey.
- THIS CODE
- The General Ordinances of the Township of Burlington.
- The Township of Burlington.
For the purposes of this revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
"Writing" and "written" includes printing, typewriting, and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
Reference to any section of this Code includes the penalty section relating thereto, unless otherwise expressly provided.
In case of the amendment of any chapter of this Code containing provisions for which a penalty is provided by such chapter, the penalty so provided shall be held to relate to amendments and additions to the chapter and amendments to the sections contained therein, whether reenacted in the amendatory ordinances or not, unless such penalty is specifically repealed or amended therein.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
Any person who violates any ordinance of the Township of Burlington, including any provision of this Code for which a penalty is not specifically provided, shall be subject to one or more of the following penalties: a fine not exceeding $2,000 or imprisonment for any term not exceeding 90 days or a period of community service not exceeding 90 days. Failure of a Township officer to perform a duty prescribed by this Code shall not subject such officer to any penalty under this Code. See Appendix I.
Editor's Note: Appendix I, Local Supplemental Violations Bureau Schedule, is included at the end of this chapter.
Each day a violation of this Code occurs or continues is a separate offense.
Unless otherwise provided in this Code, this Code shall apply to all acts performed within the corporate limits of the Township of Burlington. Provisions of this Code shall also apply to acts performed outside the corporate limits and up to the limits provided by law, where the law confers power of the Township to regulate such particular acts outside the corporate limits.
Unless another procedure is outlined by state statute or municipal ordinance, any person aggrieved by any provisions contained in any ordinance included within this codification shall have such rights of appeal as are contained in the current Rules of Court.
Any ordinance describing a municipal officer using a term different from that generally employed in other ordinances of the Township and in the Administrative Code or any ordinance which makes reference to an official position whose title has been changed by state law shall be deemed to have been amended by this provision to provide for the term currently used in other ordinances of the Township or the Administrative Code or established by state statutes.