[HISTORY: Adopted by the Township Council
of the Township of Medford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-2-1983 by Ord. No. 1983-16]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Medford of a general and permanent nature, adopted by the Township Council, its predecessor body, the Township Committee, and the previously existing Board of Health of the Township of Medford, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters
1 through
143, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Township of Medford, 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 in accordance with the applicable
provisions 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 Medford 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 the 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 Medford 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 the said Code as amendments and supplements thereto.
The Clerk of the Township of Medford, 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 the Clerk to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
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 book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Township Council, which may also arrange, by
resolution, for procedures for the periodic supplementation thereof.
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 Medford 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 imprisonment
for not more than 90 days, or both, 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 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 adopted subsequent to December 21, 1982.
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 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. All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L. Such portions of Ordinance No. 1976-33, Ordinance No. 1977-20 and Ordinance No. 1981-20 pertaining to enforcement of the State Uniform Construction Code as are not incorporated into Chapter
71, Fees and Licenses.
M. Ordinance No. 1982-22 pertaining to land use and development
and any amendments or supplements thereto.
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. 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.)
(1) Throughout the Code, the term "Township Committee"
has been changed to "Township Council," "Council" or similar designation
in accordance with the current form of township government.
(2) The sections listed below are amended herewith to provide, in substance, that anyone violating the provisions of the chapter or article involved shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both: §§
45-4,
49-4,
118-24 and 129-25.
A. The Code as printed contains a number of provisions
for which revisions or deletions are necessary due to changes occurring
during the time the codification was in process.
B. It is the intention of the Township Council that the
following changes or amendments be adopted herewith to become effective
on the effective date of this ordinance.
[Added 6-11-1996 by Ord. No. 1996-7]
A. Unless a specific penalty is provided elsewhere in
this Code or in other ordinances of the Township Council for a particular
violation, any person, firm or corporation who or which shall violate
any provision of the Code or any provision of any code or regulation
adopted by reference therein or any order promulgated under any such
provisions, code or regulation, by doing any act prohibited or declared
to be unlawful or a violation thereby, 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
provisions for, 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 $2,000 or by imprisonment for a
term not exceeding 90 days, or by both such fine and imprisonment,
in the discretion of the Judge.
[Amended 6-22-2010 by Ord. No. 2010-14]
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.