Borough of Barnegat Light, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat Light: Art. I, 7-16-1997 by Ord. No. 97-8; Art. II, 6-10-1974 by Ord. No. 74-4 as Secs. 3-16 and 3-17.2 of the Revised General Ordinances. Amendments noted where applicable.]
[Adopted 7-16-1997 by Ord. No. 97-8]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Barnegat Light of a general and permanent nature adopted by the Mayor and Council of the Borough of Barnegat Light, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 215, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Barnegat Light," 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 Revised General Ordinances, as amended, 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 Barnegat Light 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 Barnegat Light" 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 Barnegat Light, 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 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 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 Barnegat Light 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, including the Revised General Ordinances, as amended, 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 February 20, 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 borough'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 legislation regulating interlocal services agreements.
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 changes, amendments or revisions as set forth in Schedule A[1] 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).
[1]
Editor's Note: In accordance with § 1-14B, the chapters, parts, articles 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 or additions will be replaced with the following wording: "Amended (added, deleted) 7-16-1997 by Ord. No. 97-8." A complete description of all changes is on file in the borough offices.
C. 
Nomenclature changes:
1.
The term "Municipal Magistrate" is hereby changed to "Municipal Court Judge."
2.
The term "Municipal Court Clerk" is hereby changed to "Municipal Court Administrator."
3.
The terms "Building Administrator," "Building Inspector," "Construction Official" and "Building Official" are hereby changed to "Construction Code Official."
[Adopted 6-10-1974 by Ord. No. 74-4 as Secs. 3-16 and 3-17.2 of the Revised General Ordinances]
A. 
Maximum penalty. For violation of any provision of the Code of the Borough of Barnegat Light, where no specific penalty is otherwise provided regarding the section violated, the maximum penalty, upon conviction, shall be one or more of the following:
[Amended 10-18-1996 by Ord. No. 96-7]
(1) 
A fine not exceeding $1,000.
(2) 
Imprisonment for any term not exceeding 90 days.
(3) 
Community service for a period not exceeding 90 days.
B. 
Separate violations. Except as otherwise provided, each day in which an ordinance violation shall exist shall constitute a separate offense.
[Amended 10-18-1996 by Ord. No. 96-7]
C. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Amended 10-18-1996 by Ord. No. 96-7]
D. 
Default of fine payment. Any person convicted of a violation of any ordinance, in the discretion of the Municipal Court, and in default of the payment of any fine imposed therefor, shall be imprisoned for any term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.
[Amended 10-18-1996 by Ord. No. 96-7]
E. 
Ordinance violations to be paid through the Violations Bureau. The penalties for ordinance violations to be payable through the Violations Bureau of the Barnegat Light Municipal Court shall be established and prescribed by published order of the Barnegat Light Municipal Court Judge, with the approval of the Ocean County Assignment Judge of the New Jersey Superior Court, as amended from time to time. The schedule of such penalties shall be posted for public view at the Violations Bureau.
[Added 6-9-1975 by Ord. No. 75-6; amended 11-10-1983 by Ord. No. 83-12; 5-21-1997 by Ord. No. 97-5]