[HISTORY: Adopted by the Borough Council of the Borough of Bay Head:
Art. I, 11-19-1996 by Ord. No. 1996-5; Art. II, 12-18-1984 as §§ 1-17
and 1-18, Subsections A through G and M, of the 1984 Code. Amendments noted
where applicable.]
[Adopted 11-19-1996 by Ord.
No. 1996-5]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Bay Head of a general and permanent nature adopted by the Borough Council of the Borough of Bay Head, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 227, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Bay Head," 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, 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 Municipal 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 Bay Head 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 Bay Head" 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 Bay Head, 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 Borough 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 Bay
Head 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 July 16, 1996.
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 legislation relating to or establishing a pension
plan or pension fund for municipal employees.
M.
Any legislation dealing with interlocal service agreements,
including animal services, road repair and maintenance, community development
programs and Uniform Construction Code Services; and specifically Ordinance
Nos. 1985-15; 1989-10; 1989-15; and 1990-16.
N.
Any ordinance adopting or amending the Zoning Map.
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 (1) or more of said ordinances.
It is the intention of the Borough 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
as set forth in Schedule A attached hereto and made a part hereof (chapter
and section number references are to the ordinances as they have been renumbered
and appear in the Code).[1]
[1]
Editor's Note: In accordance with § 1-14B, 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 I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced ith the following history: "Amended (added, deleted) 11-19-1996 by Ord. No. 1996-5." Schedule A, which contains a complete description of all changes, is on file in the borough offices.
C.
Throughout the Code, the following nomenclature changes
have been made:
(1)
"Borough Clerk" is hereby revised to read "Municipal
Clerk."
(2)
"Finance and Personnel Committee" is hereby revised to
read "Finance Committee."
(3)
"Magistrate" is hereby revised to read "Municipal Judge."
(4)
"Clerk of the Municipal Court" and "Municipal Court Clerk"
are hereby revised to read "Administrator of the Municipal Court" or "Municipal
Court Administrator."
(5)
"Superintendent of Public Works" or "Borough Superintendent"
are hereby revised to read "Public Works Supervisor."
(6)
"Dog Control Enforcement Officer" is hereby revised to
read "Certified Animal Control Officer."
(7)
"Building Inspector" is hereby revised to read "Construction
Official."
(8)
"Board of Adjustment" is hereby revised to read "Planning
Board."
(9)
In Chapter 126, Flood Damage Prevention, "Construction Code Official" is hereby revised to read "Construction Official."
(10)
In Chapter 219, Vehicles, Abandoned, "Construction Code Official or Street Superintendent" is hereby revised to read "Code Enforcement Official."
(11)
"Special Officers" is hereby revised to read "Special
Law Enforcement Officers."
[Adopted 12-18-1984 as §§ 1-17
and 1-18, Subsections A through G and M, of the 1984 Code]
For the purpose of this Code, and in the interpretation and application
of all other ordinances heretofore or hereafter adopted, except as the context
may otherwise require, the following terms shall have the meanings indicated:
The Borough of Bay Head in the County of Ocean and State of New Jersey.
The Mayor and Council members of the Borough of Bay Head.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the borough government established or designated
by ordinance or this Code as a department, together with any agency or instrumentality
of the borough government assigned to the organizational unit by the Borough
Council.
Licensed in accordance with the appropriate section or chapter of
this Code.
A calendar, month unless otherwise specifically provided.
Any local legislation heretofore or hereafter adopted, and including
this Code, so long as it shall have been adopted by the procedure required
for the adoption of an ordinance and so long as it shall remain in force and
effect pursuant to law.
Any individual, natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, corporations or unincorporated groups
or any officers, agents, employees, servants, factors or any kind of personal
representatives of any thereof in any capacity, acting either for himself
or for any other person, under either personal appointment or pursuant to
law.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk and every class of road,
square, place or municipal parking field used by the general public.
A calendar year, unless otherwise specifically provided.
For the purpose of this Code and any other ordinances heretofore or
hereafter adopted, except as the context may otherwise require:
A.
The present tense includes the past and the future tenses,
and the future the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural, and the plural
the singular.
D.
The word "shall" is mandatory; the word "may" permissive.
E.
The time within which an act is to be done shall be computed
by excluding the first day and including the last day, and if the last day
is a Sunday, legal holiday or a day on which the offices of the Borough of
Bay Head are closed, the day shall be excluded.
F.
The word "writing" and "written" shall include printing,
typewriting and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
G.
Whenever a specific time is used in this Code, it shall
mean the prevailing and established time in effect in the State of New Jersey
during any day in any year.
H.
The word "used" shall include "designed, intended or
arranged to be used."
