Township of Medford, NJ General Provisions

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."

§ 1-2 Supersession of prior ordinances.

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.

§ 1-3 When effective.

All provisions of this ordinance and the Code shall be in full force and effect in accordance with the applicable provisions provided by law.

§ 1-4 Copy of Code to be kept on file.

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.

§ 1-5 Amendments to Code.

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.

§ 1-6 Publication and filing.

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.

§ 1-7 Code book to be kept up-to-date.

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.

§ 1-8 Sale of Code book.

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.

§ 1-9 Altering or tampering with Code; penalties for violations.

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.

§ 1-10 Severability of Code provisions.

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.

§ 1-11 Severability of ordinance provisions.

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.

§ 1-12 Repealer.

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.

§ 1-13 Ordinances saved from repeal.

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 adopted subsequent to December 21, 1982.

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 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.

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.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

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.

Ordinance No. 1982-22 pertaining to land use and development and any amendments or supplements thereto.

§ 1-14 Changes in previously adopted ordinances.

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.

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]

(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.

[1]

Editor's Note: In addition to the amendments specified in § 1.14B(1) and(2), pursuant to § 1.14B, the following sections and chapters were added or amended at time of adoption of Code (A complete description of each change is on me in the office of the Township Clerk.): §§ 5-26, 5-49, 5-65, 32-2, 32-4, 32-8, 35-4; Ch. 36, Art. U; §§ 39-1, 392A, 39-4B, 39-5, 49-2, 49-3, 52-4A, 52-4B, 52-4G, 52-4H, 52-41, 52-6, 52-7; Ch. 57; §§ 61-1, 61-2, 61-6, 01-11, 66.1, 60-3; Ch. 71; § 75-7; Ch. 78; Ch. 84; §§ 92-A, 92-3; Ch. 105; §§ 118-IIA, 113-11B; Ch. 118, Art. I; §§ 118-13, 118-18, 118-19,118-20, 118-21,118-22, 118-23,125-SA, 1298, 129-11, 129-12, 129-14, 129-20 and 143-4.

§ 1-15 Changes in Code as printed.

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.

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.[1]

[1]

Editor's Note: Pursuant to § 1-15B, the following sections were amended: §§ 5-19A and 5-23. The following provisions were repealed: §§ 5-29 and 5-94 and Ch. 13. A complete description of each change is on file in the office of the Township Clerk.

§ 1-16 Violations and penalties.

[Added 6-11-1996 by Ord. No. 1996-7]

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]

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.