[Adopted 12-27-2005 by Ord. No. O-05-48]
[Amended 3-17-2009 by Ord. No. O-09-8]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Freehold of a general and permanent nature adopted by the Township Committee of the Township of Freehold, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 355, 399 and 400, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Freehold," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
the 1972 Revised General Ordinances, adopted 10-16-1972 and all 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.
This ordinance shall take effect upon passage
and publication according to law, specifically the General Ordinance
by the Township Committee, the Health-Related Ordinance by the Board
of Health and the Shade Tree-Related Ordinance by the Shade Tree Commission.
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 Freehold 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 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 Township of Freehold" 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 Freehold, pursuant
to law, shall this Adopting Ordinance to be published, in the manner
required, 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 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 Township 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 Township of Freehold to be misrepresented
thereby. Anyone violating this section or any part of this ordinance
shall be subject, upon conviction, to one or more of the following:
a fine of not more than $1,250 or 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.
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 which are inconsistent with the any provision in
the Code are hereby repealed to the extent of such inconsistency as
of the effective date of this Adopting Ordinance.
The adoption of this Code and the repeal of ordinances provided for in § 1-18 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to Ord. No. O-05-32
adopted 9-27-2005.
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 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 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, 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 legislation relating to or establishing a pension
plan or pension fund for municipal employees.
N.
Sections 2-28.1 through and including 2-28.5 of the
1972 Revised General Ordinances pertaining to interlocal services,
community development block grants, etc.
O.
Ordinance Nos. O-15-16, O-05-24 and O-05-31 (vehicles
and traffic ordinances not approved by DOT at time of publication
of Code).
P.
Ordinance O-03-26.
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 be adopted as part of the Code as if the ordinances
so changed had been previously formally amended to read as such.
B.
Nomenclature changes: Throughout the Code the following
nomenclature changes have been made:
C.
Throughout the Code, statutory references have been
updated or revised to the current citation. Consolidated (N.J.S.A.)
references have been added to unconsolidated (P.L.) where appropriate.
D.
In the following sections, the specific penalty has been amended to delete the penalty and make reference instead to the general penalty in Chapter 1, Article II or a penalty section has been added referring to the General Penalty in Chapter 1: §§ 26-14, 67-10, 71-15, 75-7, 75-19, 92-8, 97-8, 107-3, 111-10, 119-5, 123-9, 127-4, 142-12, 162-3, 162-21, 162-31, 166-14, 186-11, 195-15, 195-27, 203-9, 207-6, 217-4, 224-5, 232-2, 236-9, 236-17, 236-35, 240-6, 245-5, 245-7B, 245-13, 245-16, 253-9, 257-16A, 261-12, 270-11, 270-14, 273-6, 278-5, 282-6, 286-11A, 290-10, 300-3A, 300-14, 300-38, 305-15, 315-16, 319-4, 341-6, 347-4, 355-7, 351-20.
E.
In the following sections, the fees have been moved to Chapter 150, Fees, and reference made to said Chapter 150: §§ 67-4C, 71-6A, 75-3, 75-9, 79-2F, 79-3E, 97-6, 101-1, 111-3, 115-5, 115-7, 123-3, 142-7, 162-10, 162-13, 166-8C(1) and (3)(a), 177-5C, 182-15A(3), 182-16, 186-5, 190-181D(2) and (3), 199-1, 213-5A and B(2), 213-6A, 228-3, 236-3, 236-14, 245-11, 257-12, 261-8D(2), 261-9D, 261-10, 270-3R, 270-10A and C(3), 282-4C, 286-5, 300-3A, 300-17, 305-4, 315-5A(1)(l) and C, 315-8A, 315-11D, 319-21A, 319-23, 327-5, 327-7, 336-10A, 336-10G(15)(b)[5], 336-11D, 336-18B(1)(d), 351-4B and C; 351-6C, 351-6D(1)and (2), 351-6D(7), 351-6F and G, 351-8D, E, K and R, 351-9F, 351-10F, 351-12, 351-19C(2) and (3), 351-19D(2).
F.
In addition, the changes, amendments or revisions
as set forth in Schedule A[1] attached hereto and made a part hereof 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.)
[1]
Editor's Note: In accordance with § 1-20F, the chapters and sections which were amended or deleted by this ordinance are indicated throughout the Code by footnotes or chapter histories referring to Chapter 1, General Provisions, Article III. During routine supplementation, footnotes and histories indicating amendments and deletions will be replaced with the following history: "Amended (deleted) 12-27-2005 by Ord. No. O-05-48." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
