[HISTORY: Adopted by the Township Council of the Township of Hillside
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-21-2003]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Hillside of a general and permanent nature adopted by the Township Council of the Township of Hillside, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 295, together with Board of Health Legislation and Appendix A390 through A392, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Hillside:" 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 prior
1971 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 shall be filed in the Office of
the Township Clerk and shall remain there for use and examination by the public
and in accordance with the provisions of N.J.S.A. 40:49-4 and shall remain
there until final action is taken on this ordinance, and when adopted, such
copy shall be certified to by the Clerk of the Township of Hillside by impressing
thereon the seal of the Township and such certified copy shall remain on file
in the Office of the Clerk of the Township.
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 Hillside" 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 Hillside shall cause to be published in
the manner required, a copy of the Adopting Ordinance in a newspaper of general
circulation in the Township. In addition, the Clerk of the Township shall
keep sufficient copies of the Code to be maintained by the Township Clerk
for inspection by the public during regular office hours. The enactment and
publication of the Adopting Ordinance coupled with the 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 herein 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.
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
Hillside 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 $1,000, 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.
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 October 7, 1997.
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 township'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.
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 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.
The following nomenclature changes shall be made throughout
the Code:
(1)
All references to "Building Inspector" or "Building Official"
shall now read"Construction Official," and references to the "Building and
Housing Department" shall read "Building Department."
(2)
"Supervisor of Recreation" shall be changed to "Director
of Recreation."
(3)
"Municipal Court Clerk" shall now read "Municipal Court
Administrator."
[During the process of codification, certain complete new ordinances
were approved by the township for inclusion in the Code of the Township of
Hillside. Such new ordinances are noted in the histories of individual chapters
as "Adopted ...during codification; see Ch. 1, General Provisions, Art. II."
In accordance with recognized codification procedures, these new ordinances
will be adopted separately and are presently proposed before the Township
Council of the Township of Hillside for that purpose. Upon final adoption
of such ordinances, a complete enumeration of all chapters and articles in
the Code included in such ordinances will be printed in this article along
with specific dates of adoption.]
