[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:
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1.
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The term "Municipal Magistrate" is hereby changed to "Municipal Court
Judge."
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2.
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The term "Municipal Court Clerk" is hereby changed to "Municipal Court
Administrator."
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3.
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The terms "Building Administrator," "Building Inspector," "Construction
Official" and "Building Official" are hereby changed to "Construction Code
Official."
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[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]
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]
