[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]
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in such Code, are hereby repealed as of the effective date of this adopting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."
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Borough of Berlin
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Derivation Table of 1968 Code to 2002 Code
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Chapter/Title
from 1968 Code
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Location in
2002 Code
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PART I
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ADMINISTRATIVE ORDINANCES
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1.
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General Provisions
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Article I, Adoption of Code
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2.
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Checks, Returned
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3.
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Claims Procedure
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4.
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Court, Municipal
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5.
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Drug- and Drunk-Driving-Free Zones
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5A.
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Economic Development Committee
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6.
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Employees and Officers
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Article I, Purchasing Agent
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Article II, Grant Officer
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Article III, Municipal Administrator
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Article IV, Chief Financial Officer
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7.
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Fire Marshal
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8.
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Historic Preservation Commission
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9.
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Local Assistance Board
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11.
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Nepotism
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12.
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Police Department
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15.
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Salaries
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PART II
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GENERAL ORDINANCES
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18.
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Airports
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Article I, Air Safety and Hazardous Zoning
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19.
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Alcoholic Beverages
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20.
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Amusement Devices
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Ch. 86
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22.
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Boardinghouses, Rooming Houses, Hotels, Etc.
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23.
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Board of Health
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24.
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Brush, Weeds and Obnoxious Debris
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26.
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Buildings and Structures, Dangerous and Unfit
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27.
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Buildings, Numbering of
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27A.
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Cats
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28.
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Construction Codes, Uniform
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29.
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Contractors and Sign Erectors
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31.
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Criminal Registration
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32.
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Curfew
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33.
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Dogs
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Article II, Running at Large
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Article III, Vicious and Potentially Dangerous Dogs
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Article IV, Removal of Nuisances
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37.
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Fire Prevention
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Article I, Fire Prevention Code
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Article II, Fire Department
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37A.
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Fire Prevention Administration
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38.
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Flood Damage Control
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38A.
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Garage Sales
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38B.
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Games of Chance
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39.
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Garbage, Rubbish and Trash
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40.
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Gas- and Oil-Burning Equipment
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41.
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Gasoline Service Stations
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41A.
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Hazardous Substances
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42.
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Housing, Affordable
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42A.
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Housing Fees, Affordable
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43.
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Insurance
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Article I, Fire Insurance Claims
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44C.
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Littering
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45.
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Loitering
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46.
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Mercantile Licenses
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47.
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Nuisances
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48.
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Parking Areas, Municipal
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Article I, Areas Bounded by White Horse Pike and Haines Avenue
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48A.
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Parks and Recreation Areas
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49.
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Peddlers, Solicitors and Canvassers
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51.
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Political Fund-Raising
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52.
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Property Maintenance
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55.
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Refrigerators, Abandoned
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59.
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Sanitary Code [Board of Health]
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60.
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Sewers
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Article I, Sewer System Connections
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Article III, Industrial Wastes in Sewers
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Article IV, Connection to Municipal Sewer System [Board of Health]
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62.
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Shows, Circuses, Carnivals and Amusements
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63.
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Snow Emergency Parking
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64.
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Soil Removal
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65.
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Sound Trucks
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68.
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Streets, Sidewalks and Curbs
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72.
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Swimming Pools
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73.
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Tattooing Body Piercing and Body Branding
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74.
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Taxation
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75.
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Taxicabs
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76.
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Towing
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77.
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Trailers and Camp Cars
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80.
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Vehicle and Traffic
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81.
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Vehicles, Unlicensed (Snowmobiles, Minibikes)
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82.
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Water
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Article I, General Provisions
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Article II, Water Emergencies
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84.
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Zoning
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APPENDIX
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A85.
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Cable Television Franchise
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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."