[Adopted 3-12-2003 by Ord. No. 4-2003]
Pursuant to N.J.S.A 40:49-4, the ordinances of the Township of Washington of a general and permanent nature adopted by the Township Council of the Township of Washington, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 285, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Washington,” hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1994 Revised General Ordinances adopted 10-26-1995 by Ordinance
No. 26-1995 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.
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 Washington by impressing
thereon the Seal of the Township, as provided by the 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 forms 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 Washington" 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 Washington, 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 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 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 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 to be set by the Township of
Washington. 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 deletion, 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 Washington 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 ordinance of a general
and permanent nature adopted and in force of 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.
This adoption of this Code and the repeal of ordinances provided for in § 1-30 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 August 21, 2002.
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 employees.
N.
All ordinances regulating vehicles and traffic, including
but not limited to Chapter IX, Traffic, of the Revised General Ordinances,
and any amendments and supplements thereto.
O.
Ordinance Nos. 33-2001 and 18-2002.
A.
In compelling 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 of Washington
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.
Nomenclature changes. Throughout the Code, the following
nomenclature changes have been made:
(1)
Department of Public Safety to Department of Law.
(2)
Board of Parks and Recreation Commissioners to Department
of Parks and Recreation.
(3)
Town Watch Committee to Town Watch Advisory Committee.
(4)
Dog Warden to Animal Control Officer.
(5)
Department of Environmental Protection and Energy
to Department of Environmental Protection.
(6)
Division of Sanitation in the Department of Public
Works to Division of Public Works in the Department of Municipal Support
Services.
(7)
Superintendent of Public Works to Director of Public
Works.
(8)
Zoning Administrative Officer to Zoning Officer.
(9)
State Department of Health and/or State Health Department
to State Department of Health and Senior Services.
(10)
Zoning Department to Division of Zoning.
C.
Violations and penalties. The following penalty sections have been added or amended to refer to the general penalty in Chapter 1, General Provisions, Article I: §§ 11-18, 15-14, 19-15, 28-4, 28-8, 32-10, 40-14, 44-9, 59-13, 67-14, 92-18, 104-10, 112-7, 121-12, 129-6, 133-15, 137-19, 141-9, 147-5, 155-2, 159-14, 168-6, 168-11, 172-22, 172-31, 177-10, 179-28, 179-33, 179-50, 179-74, 186-7, 193-6, 212-11A, 216-12,[1] 216-30, 216-34, 216-42, 216-47, 233-10, 224-16, 242-,
254-2, 254-32, 264-8, 273-14, 285-281E.
[1]
Editor's Note: This reference
is to the former Ch. 216, Art. I, which was repealed 6-26-2008 by
Ord. No. 29-2008.
E.
In addition, the changes, amendments or revisions
as set forth in Schedule A[2] 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.)
[2]
Editor's Note: In accordance with § 1-30E, 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 Chapter 1, General Provisions, Article III. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 3-12-2003 by Ord. No. 4-2003." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
