[HISTORY: Adopted by the Township Council of the Township of Bridgewater as indicated in article histories. Amendments noted where applicable.]
Article I Adoption of Code by Township Council
[Adopted 10-3-1977 by Ord. No. 77-37]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Bridgewater of a general and permanent nature, adopted by the Township Council of the Township of Bridgewater, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 220, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Bridgewater," 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.
All provisions of this ordinance and the Code shall be in full force and effect as provided by law.
A copy of the Code in loose-leaf form has been filed in the office of the Township 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 Township of Bridgewater by impressing thereon the seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine 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 Township of Bridgewater" 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 Township of Bridgewater, 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 Township. 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 her, to keep up-to-date the certified copy of the book containing the Code required to be filed in 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 ordinances 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 the fee set forth in Chapter 94, Fees, of the Code; and the Township Council may, by resolution, arrange for procedures for the periodic supplementation of the Code.
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 Township of Bridgewater to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to a fine of not more than $500 or to imprisonment for not more than 90 days, or both, 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 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:
Any ordinance effective subsequent to August 1, 1977.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance 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, or any portion thereof.
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 Township's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The dedication of property or approval of preliminary or final subdivision plats.
Ordinances establishing the amount and manner of payment of salaries or compensation of officers and employees, establishing workdays and working hours of certain employees and providing for holidays and vacations for employees and keeping of employment records.
Any ordinance making any change or revision in the Zoning Map.
Any ordinance regulating or licensing the conduct of shows, circuses, food stands, peddlers and solicitors, particularly ordinances adopted 7-14-1920, 12-5-1933, 12-19-1966 and 6-4-1973.
Any ordinance authorizing the closing of any street or portion thereof in the Township of Bridgewater, specifically Ordinance No. MC-77-11, adopted 3-31-1977 and entitled "An Ordinance of the Township of Bridgewater in the County of Somerset Authorizing the Closing of Any Street or Portion Thereof in the Township of Bridgewater for Preservation of Public Safety, Health or Welfare."
Any ordinance concerning noise and the distribution of circulars and periodicals.
Any ordinance regulating the sewer districts and sewer connections, construction and charges, and in particular ordinances adopted 12-12-1945, 12-12-1951, 4-5-1954, 9-21-1959, 9-7-1960 and 4-16-1962, Ord. Nos. 62-3 and 73-5, ordinances adopted 8-19-1974, 10-7-1974, 11-4-1974, 11-18-1974 and 10-7-1976 and Ord. Nos. 76-27 and 76-29.
Any ordinance concerning the annexation of land, particularly ordinances adopted 6-6-1963, 6-16-1958, 5-21-1962 and 5-19-1975.
Any ordinances establishing fees for permits, licenses or other services, not included in the Code on the effective date of this ordinance.
Any ordinance regulating the Police Department, particularly the rules and regulations adopted by the Police Commission 2-17-1976.
Ordinance No. 75-7, adopted 1-1-1975, concerning the duties and responsibilities of officers, and Ordinance No. 76-10, adopted 5-17-1976, concerning the duties and responsibilities of officers, and Ordinance No. 76-10, adopted 5-17-1976, concerning advisory technical services of plan review.
Ordinances adopted by the former Board of Health, in particular ordinances adopted 11-2-1960, 2-26-1964, 3-23-1966, 3-24-1971 and 11-28-1973 concerning the connection and use of sewers, an ordinance adopted 7-26-1961 concerning water supply, and an ordinance adopted 5-1-1951 concerning the Township of Bridgewater Sanitary Code.
[Amended 12-18-1978 by Ord. No. 78-46]
Unless a specific penalty is provided elsewhere in Parts I and II of this Code or in other ordinances of the Township Council for a particular violation, any person, firm or corporation who shall violate any provision of Parts I and II of the Code or any provision of any code or other regulation adopted by reference therein or any order promulgated under such provisions, code or regulation, by doing any act prohibited or declared to be unlawful or a violation thereof, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required or who shall fail to do any act required by any such provision, or when such provision declares such failure to be unlawful or to be a violation, shall, upon conviction thereof, be punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment, in the discretion of the Judge.
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished, as provided above, for each separate offense.
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 Township Council that all such changes shall be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Penalties. In the following sections, the penalty provisions are revised to provide that violators will be punishable upon conviction by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both such fine and imprisonment, the imposition of such penalties being authorized by N.J.S.A. 40:45-5, as amended.