[HISTORY: Adopted by the Township Council of the Township of Bridgewater
as indicated in article histories. Amendments noted where applicable.]
[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:
A.
Any ordinance effective subsequent to August 1, 1977.
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.
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 franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
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.
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 Township's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer
of property, or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
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.
L.
Any ordinance making any change or revision in the Zoning
Map.
M.
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.
N.
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."
O.
Any ordinance concerning noise and the distribution of
circulars and periodicals.
P.
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.
Q.
Any ordinance concerning the annexation of land, particularly
ordinances adopted 6-6-1963, 6-16-1958, 5-21-1962 and 5-19-1975.
R.
Any ordinances establishing fees for permits, licenses
or other services, not included in the Code on the effective date of this
ordinance.
S.
Any ordinance regulating the Police Department, particularly
the rules and regulations adopted by the Police Commission 2-17-1976.
T.
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.
U.
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]
A.
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.
B.
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.
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 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.
B.
C.
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.[2]
