Borough of Berlin, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Berlin as indicated in article histories. Amendments noted where applicable.]
[Adopted by Mayor and Council 6-17-1968 by Ord. No. 68-3 and by Board of Health 6-18-1968 by Ord. No. 68-3[1]]
[1]
Editor's Note: The following introductory material preceded the body of this ordinance:
“An ordinance adopting a revision and codification of the ordinances of the Borough of Berlin, in the County of Camden and State of New Jersey, providing for the repeal of certain ordinances not included therein and the saving from repeal of certain other ordinances not included therein.
WHEREAS, the Mayor and Borough Council of the Borough of Berlin, in the County of Camden and State of New Jersey, have heretofore determined that it is in the public interest to undertake the codification and revision of the general ordinances of the Borough of Berlin and of the Board of Health of the Borough of Berlin; and
WHEREAS, pursuant to said determination, the Borough has caused its ordinances of a general and permanent nature to be compiled and revised and the same embodied in a revision and codification known as the "Code of the Borough of Berlin, in the County of Camden and State of New Jersey," and
WHEREAS, pursuant to N.J.S.A. 40:49-4, the governing body of a municipality may provide for the revision and codification of its ordinances, and
WHEREAS, the enactment of this ordinance providing for the codification of the ordinances of a general and permanent nature will promote the general welfare of the Borough of Berlin and its citizens:
Now, therefore, be it ordained by the Mayor and Borough Council of the Borough of Berlin, in the County of Camden and State of New Jersey, that:”
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Berlin of a general and permanent nature, adopted by the Mayor and Borough Council of the Borough of Berlin and the Board of Health of the Borough of Berlin, as revised, codified, and consolidated into titles, chapters and sections by General Code Publishers Corporation and consisting of Chapters 1 through 84, together with an Appendix, are hereby approved, adopted, ordained and enacted as "The Code of the Borough of Berlin, in the County of Camden and State of New Jersey."
This ordinance shall supersede all other general and permanent ordinances passed by the Mayor and Borough Council of the Borough of Berlin and by the Board of Health of the Borough of Berlin prior to the enactment of this Code, except such ordinances as are expressly saved from repeal or continued in force and effect as shall hereafter be set forth by reference.
All provisions of the Code of the Borough of Berlin, in the County of Camden and State of New Jersey shall be in full force and effect on and after the effective date of this ordinance.
All ordinances of a general and permanent nature, adopted by the Mayor and Borough Council of the Borough of Berlin and by the Board of Health of the Borough of Berlin, in force on the date of the adoption of this ordinance and not contained in the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, or which are inconsistent with any provisions contained in such 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 § 1-4 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Borough of Berlin or of the Board of Health of the Borough of Berlin prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Borough of Berlin or of the Board of Health of the Borough of Berlin or any penalty, punishment or forfeiture which may result therefrom.
C. 
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 of the Borough of Berlin.
D. 
Any franchise, license, right, easement or privilege heretofore granted or conferred by the Mayor and Borough Council.
E. 
Any ordinance of the Borough of Berlin providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Borough of Berlin or any portion thereof.
F. 
Any ordinance or resolution of the Borough of Berlin appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Borough of Berlin or other instruments or evidence of the Borough's indebtedness.
G. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H. 
The levy or imposition of taxes, assessments or charges.
I. 
The dedication of property or approval of preliminary or final subdivision plats.
J. 
Any ordinance of the Mayor and Borough Council adopted on final passage after the first day of June, 1968.
In compiling and preparing the ordinances of the Borough of Berlin and of the Board of Health of the Borough of Berlin for adoption and revision as part of the Code of the Borough of Berlin in the County of Camden and State of New Jersey 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 Borough Council of the Borough of Berlin, and of the Board of Health of the Borough of Berlin, that all such changes be adopted as part of the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, as if the ordinances so changed had been previously formally amended to read as such.
A copy of the Code of the Borough of Berlin in the County of Camden and State of New Jersey in loose-leaf form has been filed in the office of the Borough Clerk of the Borough of Berlin and shall remain there for the use and examination of 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 Berlin by impressing thereon the Seal of the Borough of Berlin, as provided by law, and such certified copy shall remain on file in the office of the Borough Clerk, to be made available to persons desiring to examine the same during all times while the said Code is in effect.
Any and all additions, amendments or supplements to the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, when passed and adopted in such form as to indicate the intention of the Mayor and Borough Council and/or of the Board of Health to be a part thereof, shall be deemed to be incorporated in such Code, so that reference to "The Code of the Borough of Berlin, in the County of Camden, and State of New Jersey" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Borough of Berlin, in the County of Camden and State of New Jersey shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing the said Code, as amendments and supplements thereto.
It shall be the duly of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-to-date the certified copy of the book containing the Code of the Borough of Berlin, in the County of Camden and State of New Jersey, required to be filed in the office of the Borough Clerk for the use of the public. All changes in said Code and all ordinances adopted by the Mayor and Borough Council or the Board of Health subsequent to the first day of June 1968, which shall be specifically adopted as a 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 of the Borough of Berlin in the County of Camden and State of New Jersey may be purchased from the Borough Clerk of the Borough of Berlin upon the payment of a fee to be set by resolution of the Mayor and Council, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.
The Borough Clerk of the Borough of Berlin and the Secretary of the Board of Health of the Borough of Berlin, 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 of Berlin. Sufficient copies of the Code of the Borough of Berlin in the County of Camden and State of New Jersey shall be maintained in the office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and application 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.
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 section 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.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion thereof, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Borough of Berlin to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $200 or imprisonment for not more than 90 days, or both, in the discretion of the Magistrate imposing the same.
This ordinance shall take effect immediately after final approval and publication according to law.
[Adopted 8-28-2002 by Ord. No. 2002:12]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Berlin of a general and permanent nature adopted by the Mayor and Council of the Borough of Berlin on June 17, 1968, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and as renumbered to consist of Chapters 1 through 335, together with an Appendix, are hereby approved, adopted, ordained and enacted as "Parts I and II of the Code of the Borough of Berlin," hereinafter known and referred to as the "Code."
Borough of Berlin
Derivation Table of 1968 Code to 2002 Code
Chapter/Title
from 1968 Code
Location in
2002 Code
PART I
ADMINISTRATIVE ORDINANCES
1.
General Provisions
Article I, Adoption of Code
Ch. 1, Art. I
2.
Checks, Returned
Ch. 119
3.
Claims Procedure
Ch. 7
4.
Court, Municipal
Ch. 11
5.
Drug- and Drunk-Driving-Free Zones
Ch. 148
5A.
Economic Development Committee
Ch. 16
6.
Employees and Officers
Article I, Purchasing Agent
Ch. 46, Art. II
Article II, Grant Officer
Ch. 46, Art. III
Article III, Municipal Administrator
Ch. 46, Art. IV
Article IV, Chief Financial Officer
Ch. 46, Art. V
7.
Fire Marshal
Ch. 46, Art. I
8.
Historic Preservation Commission
Ch. 28
9.
Local Assistance Board
Ch. 35
11.
Nepotism
Ch. 42
12.
Police Department
Ch. 52
15.
Salaries
Ch. 62
PART II
GENERAL ORDINANCES
18.
Airports
Article I, Air Safety and Hazardous Zoning
Ch. 76, Art. I
19.
Alcoholic Beverages
Ch. 82
20.
Amusement Devices
Ch. 86
22.
Boardinghouses, Rooming Houses, Hotels, Etc.
Ch. 98
23.
Board of Health
Ch. 25
24.
Brush, Weeds and Obnoxious Debris
Ch. 101
26.
Buildings and Structures, Dangerous and Unfit
Ch. 105
27.
Buildings, Numbering of
Ch. 111
27A.
Cats
Ch. 89, Art. III
28.
Construction Codes, Uniform
Ch. 129
29.
Contractors and Sign Erectors
Ch. 132
31.
Criminal Registration
Ch. 136
32.
Curfew
Ch. 140
33.
Dogs
Article I, Licensing
Ch. 89, Art. I
Article II, Running at Large
Ch. 89, Art. II
Article III, Vicious and Potentially Dangerous Dogs
Ch. 89, Art. IV
Article IV, Removal of Nuisances
Ch. 89, Art. V
37.
Fire Prevention
Article I, Fire Prevention Code
Ch. 162, Art. I
Article II, Fire Department
Ch. 20, Art. I
37A.
Fire Prevention Administration
Ch. 162, Art. II
38.
Flood Damage Control
Ch. 167
38A.
Garage Sales
Ch. 176
38B.
Games of Chance
Article I, Raffles
Ch. 173, Art. I
39.
Garbage, Rubbish and Trash
Ch. 278
40.
Gas- and Oil-Burning Equipment
Ch. 179
41.
Gasoline Service Stations
Ch. 182
41A.
Hazardous Substances
Ch. 188
42.
Housing, Affordable
Ch. 193, Arts. I and II
42A.
Housing Fees, Affordable
Ch. 193, Art. III
43.
Insurance
Article I, Fire Insurance Claims
Ch. 197, Art. I
44C.
Littering
Ch. 207
45.
Loitering
Ch. 211
46.
Mercantile Licenses
Ch. 218
47.
Nuisances
Ch. 226
48.
Parking Areas, Municipal
Article I, Areas Bounded by White Horse Pike and Haines Avenue
Ch. 234, Art. I
48A.
Parks and Recreation Areas
Ch. 236
49.
Peddlers, Solicitors and Canvassers
Ch. 241
51.
Political Fund-Raising
Ch. 55
52.
Property Maintenance
Ch. 246
55.
Refrigerators, Abandoned
Ch. 253
59.
Sanitary Code [Board of Health]
Ch. 355
60.
Sewers
Article I, Sewer System Connections
Ch. 261, Art. I
Article II, Sewer Rents
Ch. 261, Art. II
Article III, Industrial Wastes in Sewers
Ch. 261, Art. III
Article IV, Connection to Municipal Sewer System [Board of Health]
Ch. 358
62.
Shows, Circuses, Carnivals and Amusements
Ch. 266
63.
Snow Emergency Parking
Ch. 232, Art. I
64.
Soil Removal
Ch. 274
65.
Sound Trucks
Ch. 282
68.
Streets, Sidewalks and Curbs
Ch. 287
72.
Swimming Pools
Ch. 292
73.
Tattooing Body Piercing and Body Branding
Ch. 296
74.
Taxation
Ch. 299
75.
Taxicabs
Ch. 301
76.
Towing
Ch. 306
77.
Trailers and Camp Cars
Ch. 309
80.
Vehicle and Traffic
Ch. 315
81.
Vehicles, Unlicensed (Snowmobiles, Minibikes)
Ch. 320
82.
Water
Article I, General Provisions
Ch. 67
Article II, Water Emergencies
Ch. 327, Art. I
84.
Zoning
Ch. 335
APPENDIX
A85.
Cable Television Franchise
Ch. A365
The following changes are hereby adopted as part of the process of republication: All references to "N.J.R.S." or "N.J.S." are hereby revised to read "N.J.S.A."