[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin
12-12-2000 by Ord. No. 14-2000. Amendments noted where applicable.]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Franklin of a general and permanent nature adopted by the Mayor and Council of the Borough of Franklin, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 270, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Franklin," 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.
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
Franklin 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 Franklin" 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 Franklin, pursuant to law, shall cause the
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 the 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.
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 Mayor and Council. The Clerk may also 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 Borough of Franklin
to be misrepresented thereby. Anyone violating this section shall be subject,
upon conviction, to one or more of the following: a fine of not more than
$1,000, imprisonment for not more than 90 days or a period of community service
not exceeding 90 days, in the discretion of the Judge imposing the 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.
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 the
Adopting Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-10 shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to 2-8-2000.
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.
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.
M.
Any ordinance or other legislation adopting or amending
Land Use and Land Use Procedures regulations.
N.
Any ordinance or other legislation adopting or amending
Vehicles and Traffic regulations.
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, and certain
outdated statutory references were updated. No substantive changes in the
meaning or the intent of such ordinances have been made except where indicated
by histories or footnotes in the text of the chapters. It is the intention
of the Mayor and 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. The changes, amendments or revisions made herein are to become effective
upon the effective date of the Adopting Ordinance.
As used in this chapter and in the interpretation and application of
all other chapters in this Code, the following terms shall have the meanings
indicated, except as the context may otherwise require:
The Borough of Franklin in the County of Sussex and State of New
Jersey.
The Mayor and Councilmen of the borough.
One of the major divisions of the Code identified by a Arabic numeral
and divided by subject matter.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the government established or designated
by ordinance or this Code as a department, together with any agency or instrumentality
of the government assigned to such organizational unit by the Council.
Licensed in accordance with the appropriate chapter, article or section
of this Code.
A calendar month unless otherwise specifically provided.
Any act of local legislation heretofore or hereafter adopted, and
including this Code, so long as it is adopted by the procedure required for
the adoption of an ordinance and so long as it remains in force and effect
pursuant to law.
Any individual, natural person, partnerships, joint venture, society,
association, club, trustee, trust, corporation or unincorporated group; or
any officer, agent, employee, servant, factor or any kind of personal representative
of any thereof in any capacity, acting either for himself or for any other
person, under either personal appointment or pursuant to law.
A major subdivision of a chapter.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk, and every class of road,
square, place or municipal parking field used by the general public.
A subdivision of a section.
Printing, typewriting and any other mode of communication using paper
or similar material which is in general use, as well as legible handwriting.
A calendar year unless otherwise specifically provided.
[1]
Editor's Note: Derived from Sec. 1-2 of the 1975 Code.
For the purpose of this Code and any other ordinances heretofore or
hereafter adopted, except as the context may otherwise require:
A.
The present tense includes the past and future tenses
and the future, the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural and the plural,
the singular.
D.
"Shall" is mandatory, and "may" is permissive.
E.
The time within which an act is to be done shall be computed
by excluding the first and including the last day, and if the last day is
a Sunday, a legal holiday or a day on which the offices of the borough are
closed, that day shall be excluded.
F.
Whenever a specific time is used in this Code, it shall
mean the prevailing and established time in effect in the State of New Jersey
during any day in any year.
G.
Any citation of a statute, law or ordinance contained
in this Code shall be deemed to refer to such statute, law or ordinance as
amended, whether or not such designation is included in the citation.
[1]
Editor's Note: Derived from Sec. 1-3 of the 1975 Code.
A.
Maximum penalty. Unless otherwise provided by law, any
person, firm or corporation who violates any provision of this Code or any
other ordinance of the Borough where no specific penalty is provided shall,
upon conviction, be subject to a fine not exceeding $2,000, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof.
[Amended 3-26-2002 by Ord. No. 5-2002; 4-11-2006
by Ord. No. 7-2006]
B.
Separate violations. Except as otherwise provided, every
day in which a violation of any provision of this Code or any other ordinance
of the borough exists shall constitute a separate violation.
C.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
D.
Minimum penalty. The Borough Council may prescribe that,
for the violation of any particular Code provision or ordinance, at least
a minimum penalty shall be imposed which shall consist of a fine which may
be fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).
[1]
Editor's Note: Derived from Sec. 3-9 of the 1975 Code.
