[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."
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:
BOROUGH
The Borough of Beach Haven, County of Ocean, New Jersey.
BOROUGH COUNCIL
The Borough Council of the Borough of Beach Haven.
[Amended 9-13-2010 by Ord. No. 2010-20]
COUNTY
County of Ocean.
ORDINANCES
The ordinances of the Borough of Beach Haven and all amendments thereto.
PERSON
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
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.