[Adopted 3-12-2003 by Ord. No. 1-2003]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Wall of a general and permanent nature adopted by the Township Committee of the Township of Wall, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 139 and Chapters 141 through 222, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Wall," hereinafter known and referred to as the "Code." Chapter 140, "Land Use and Development Regulations," will be codified and adopted by a separate ordinance.[1]
This ordinance and the Code shall supersede
the 1977 Revised General Ordinances and 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 Wall 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 Wall" 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 Wall, 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 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, 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 Wall 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 inconsistent
with the provisions contained in the Code adopted by this ordinance
are hereby repealed; provided, however, that such repeal shall only
be to the extent of such inconsistency, and any valid legislation
of the Township of Wall which is not in conflict with the provisions
of the Code shall be deemed to remain in full force and effect.
The adoption of this Code and the repeal of ordinances provided for in § 1-15 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 11, 2002.
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 Land Use and
Development Regulations, Schedule or Zoning Map.
M.
Any ordinance relating to or establishing a pension
plan or pension fund for municipal employees, or a Length of Service
Award Program for volunteer first aid squad members.
For the purpose of the Code, and in the interpretation
and application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the government established or designated
by ordinance or the Code as a department, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Township Committee.
Licensed in accordance with the appropriate section or chapter
of the Code.
A calendar month unless otherwise specifically provided.
Shall be construed to include an affirmation where an affirmation
may be substituted for an oath. In such cases the words "swear" and
"sworn" shall be construed to be equivalent to the words "affirm"
and "affirmed."
See "tenant."
Shall be construed as if the words "of the Township of Wall"
followed it.
Any act of local legislation heretofore or hereafter adopted,
and including the 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 part owner, joint owner, tenant in common, tenant in
partnership, joint tenant, or tenant by the entirety, of the whole
or of a part of a building or land.
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, corporations or
unincorporated groups; or any officers, agents, employees, servants,
factors or any kind of personal representatives of any thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
Goods and chattels, rights and credits, moneys and effects,
evidences of debt, chooses in action and all written instruments by
which any right to, interest in, or lien or encumbrances upon, property
or any debt or financial obligation as created, acknowledged, evidenced,
transferred, discharged or defeated, in whole or in part, and every
thing, except real property as herein defined, which may be the subject
of ownership.
Next before and next after, respectively.
Real and personal property.
Shall severally be construed to mean any and every public
ground, public park or other public place within the Township.
Includes lands, tenements and hereditaments, all rights thereto
and interests therein.
Any portion of a street between the curb line and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
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 area used by the general
public.
Applied to a building or land, shall include any person who
occupies the whole or part of such building or land, whether alone
or with others.
The Township of Wall in the County of Monmouth and State
of New Jersey.
The Township Committee of the Township of Wall, Monmouth
County, New Jersey.
Seven days.
A calendar year unless otherwise specifically provided.
For the purposes of the 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 be a Sunday, a legal holiday, or a day on which the offices
of the Township are closed, that day shall be excluded.
F.
"Writing" and "written" shall include printing, typewriting
and any other mode of communication using paper or similar material
which is in general use, as well as legible handwriting.
G.
"And" may be construed as meaning "or," and "or" as
"and," if the sense requires and indicates such meaning.
H.
Whenever a specific time is used in the Code, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
I.
Any citation of a statute, law or ordinance contained
in the Code shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
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 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 revisions have been made
throughout the Code:
(1)
Statutory references have been amended to consistently
use the N.J.S.A. citation form and to update repealed or superseded
citations as appropriate by changing them or adding them to the text
or footnoting the new statute.
(2)
References to the "Revised General Ordinances" or
to "this Revision" have been changed to the "Code of the Township
of Wall" or "this Code."
(3)
The references to the Department of Environmental
Protection and Energy (DEPE) have been changed to Department of Environmental
Protection (DEP).
