[HISTORY: Articles I and II adopted by the
Board of Commissioners (now Borough Council) of the Borough of Beach
Haven as indicated in article histories. Subsequent articles adopted
by the Borough Council of the Borough of Beach Haven as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-10-2000 by Ord. No. 2000-15]
[Amended 9-13-2010 by Ord. No. 2010-20]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Beach Haven of a general and permanent nature adopted by the Council of the Borough of Beach Haven, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 212, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Beach Haven," hereinafter known and referred to as the "Code."
This ordinance shall take effect on October
2, 2000.
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 Beach Haven 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 Beach Haven" 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 Beach Haven, pursuant
to law, shall cause this Adopting Ordinance to be published, in the
manner required, 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.
[Amended 9-13-2010 by Ord. No. 2010-20]
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 Council. The
Clerk may also arrange for procedures for the periodic supplementation
of the Code.
[Amended 9-8-2003 by Ord. No. 2003-12]
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 Beach Haven 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 $1,250, imprisonment for not more than 90
days or a period of community service not exceeding 90 days, in the
discretion of the Judge imposing 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 inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Borough of Beach Haven which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-11 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 2-14-2000.
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, except as provided by law.
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 agreement entered into or 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.
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 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.
[Amended 9-13-2010 by Ord. No. 2010-20]
B.
In addition, throughout the Code, references to the
Borough's Board of Health were updated to refer to the Long Beach
Island Board of Health.
[Adopted 8-9-1971 as §§ 1-4B and 1-15 of
the 1971 Code]
Terms used in this Code have the following meanings:
The Borough of Beach Haven, County of Ocean, New Jersey.
The Borough Council of the Borough of Beach Haven.
[Amended 9-13-2010 by Ord. No. 2010-20]
County of Ocean.
The ordinances of the Borough of Beach Haven and all amendments
thereto.
Any natural individual, firm, trust, partnership, association
or corporation. Whenever the word "person" is used in any section
of this Code prescribing a penalty or fine, as applied to partnerships
or associations, the word includes the partners or members thereof,
and, as applied to corporations, includes officers, agents or employees
thereof who are responsible for any violations of the section. The
singular includes the plural. The masculine gender includes the feminine
and neuter genders.
State of New Jersey.
[Amended 5-26-1981 by Ord. No. 81-6; 7-24-1989 by Ord. No.
89-18; 6-8-1998 by Ord. No. 98-11]
A.
Whenever, in the revision and codification or in any
other ordinance of the Borough or in any rule, regulation or order
promulgated by any officer or agency of the Borough under authority
duly vested in him or it, any act is prohibited or is made or declared
to be unlawful or an offense or the doing of any act is required or
the failure to do any act is declared to be unlawful, where no specific
penalty is provided therefor, the violation of any such provisions
of the revision and codification or of any other ordinance of the
Borough or of any rule, regulation or order, as aforesaid, shall be
punishable by one or more of the following: imprisonment in the county
jail or in any place provided by the municipality for the detention
of prisoners for any term not exceeding 90 days; or by a fine not
exceeding $2,000; or by a period of community service not exceeding
90 days; or shall be punishable by both fine and imprisonment; provided,
however, that where the penalty for any particular offense is limited
by state statute, then such limitation shall be applicable to the
provisions of the revision and codification and other ordinances of
the Borough or any rule, order or regulation, as aforesaid, notwithstanding
the provisions of this section.
[Amended 9-8-2003 by Ord. No. 2003-12; 3-9-2015 by Ord. No. 2015-12C]
B.
Each day any violation of the revision or codification
or of any other ordinance of the Borough, or any rule, regulation
or order, as aforesaid, shall continue shall constitute a separate
offense.
C.
Whenever any such fine is imposed upon any corporation,
such fine and costs and charges incident thereto may be collected
in an action of debt or in such other manner as may be provided by
law.
D.
Each separate act committed in violation of any provision
of the revision or codification or any other ordinance of the Borough
of Beach Haven, or any rule, regulation or order, as aforesaid, shall
constitute a separate offense and shall be punishable as such separate
offense.
