[HISTORY: Adopted by the Township Committee of the Township of Mullica
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-2003 by Ord.
No. 18-2003]
Pursuant to N.J.S.A. 40:49-4, the 1967 Code of the Township of Mullica and the ordinances of a general and permanent nature adopted by the Township Committee of the Township of Mullica, as revised, recodified, and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 235, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Mullica," 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.
This ordinance shall take effect immediately upon passage and publication
according to 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
Mullica 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 Mullica" 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 Mullica, pursuant to law, shall cause 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 Committee. 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 Mullica 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, 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 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 April 22, 2003.
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, 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 relating to the establishing a pension
plan or pension fund for municipal employees.
N.
The Township Land Development Ordinance and all amendments
thereto and any map or maps associated therewith.
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 Committee that all such changes were made
in one or more of said ordinances. It is the intention of the Township Committee
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.
The form of government of the Township of Mullica has
been changed from government by Township Committee to the Mayor-Council form
(by Ord. No. 1-86, adopted 3-11-1986) to Township Committee again (by Ord.
No. 2-96, adopted 4-9-1996). Throughout the Code references to the former
Mayor and/or Council have been changed to "Township Committee."
C.
Pursuant to Ord. No. 7-85, adopted 4-9-1985, references
to "Building Inspector" have been changed to "Zoning Officer."
D.
Pursuant to Ord. No. 5-2002, adopted 5-14-2002, references
to "Department of Administration and Public Safety" have been changed to "Department
of Administration" and references to "Department of Parks, Recreation and
Public Property" have been changed to "Department of Public Safety."
