[HISTORY: Adopted by the Mayor and Council
of the Borough of Andover as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-9-1986 as Ord. No. 224]
Pursuant to N.J.S.A. 40:49-4, the various chapters and Articles of the Borough of Andover, and the other ordinances of the Borough of Andover of a general and permanent nature adopted by the Mayor and Council of the Borough of Andover, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 134, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Andover," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances of the Borough of Andover
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 Borough 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 Borough of Andover by impressing
thereon the Seal of the borough, as provided by law, and such certified
copy shall remain on file in the office of the Clerk of the borough,
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 Borough of Andover" 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 Borough of Andover, 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 borough. 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 Mayor and 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 Borough of Andover to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than $1,000 or
to imprisonment for not more than 90 days, or both, 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
saved from repeal.
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 February 1, 1985.
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 or obligation.
I.
The levy or imposition of taxes, assessments or charges.
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.
Ordinance No. 217, adopted 8-12-1985, regarding local
enforcement of the Uniform Fire Safety Act.
M.
Any ordinance regulating vehicles and traffic in the
Borough of Andover.
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 Mayor and 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.
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 the Code.)[1]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections were added or amended: §§ 6-6, 6-7, 15-2, 15-4, 36-3, 36-7G, 45-4, 45-12, 45-13, 60-8D, 93-6, 109-4B(3), 109-18, 121-4, 130-5, 130-20, 134-6E(2)(b), 134-51A(15), 134-56, 134-57, 134-58, 134-60, 134-62, 134-65C and 134-66.
The following original sections and provisions
were deleted: the fifth section of an ordinance adopted 5-12-1919
and all provisions regarding the F-R Farm-Residential Zone in the
Schedule of Dimensional Regulations adopted 8-9-1971.
[Amended 5-11-1992 by Ord. No. 293; 7-10-2017 by Ord. No. 2017-5]
A violation of any provision of the Code of the Borough of Andover
by any person, firm or corporation shall, upon conviction for that
violation, be punishable by one or more of the following in the discretion
of the Judge: a fine of not more than $2,000 or imprisonment in the
county jail for a term not to exceed 90 days or community service
for a period not to exceed 90 days; and, in addition thereto, the
Borough Committee may revoke any license granted hereunder or may
suspend any license or permit granted hereunder, after reasonable
opportunity for the licensee to be heard, for any violation of the
provisions of the Code of the Borough of Andover which may affect
the operation of the licensee's business. In connection with
the violation of this Code of the Borough of Andover, each day such
violation shall be continued shall be deemed and taken to be a separate
and distinct offense and violation thereof.
