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 Sayreville Borough
 Code of Ordinances

REVISED GENERAL ORDINANCES BOROUGH OF SAYREVILLE  

Latest version.

  • ____________

    A Codification of the General Ordinances of
    the Borough of Sayreville, New Jersey

    ____________

    Codified 1986

    Revised and Republished 2001

    ____________

    Beginning with Supp. No. 14,
    Supplemented by Municipal Code Corporation

    ____________

    CURRENT OFFICIALS

    of the

    BOROUGH OF SAYREVILLE, NEW JERSEY

    ____________

    Kennedy O'Brien
    Mayor

    ____________

    Daniel Buchanan
    Steven Grillo
    Vicky Kilpatrick
    Pasquale (Pat) Lembo
    Ricci Melendez
    Mary J. Novak

    Borough Council and Officials

    ____________

    Michael R. DuPont
    Borough Attorney

    ____________

    Theresa A. Farbaniec, RMC
    Municipal Clerk

    PREFACE

    The Borough of Sayreville, New Jersey Municipal Code, originally published by Book Publishing Company in 2001, has been kept current by regular supplementation by Matthew Bender & Company, Inc., its successor in interest.

    Beginning with Supplement 14, Municipal Code Corporation will be keeping this Code current by regular supplementation.

    During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Gladys Rzepka, municipal clerk.

    In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the Code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 14, legislation can be tracked using the "Code Comparative Table and Disposition List."

    A subject-matter index, with complete cross-referencing, locates specific Code provisions by individual section numbers.

    This supplement brings the Code up to date through Ordinance Number 446-19, adopted on March 25, 2019.

    Municipal Code Corporation
    1700 Capital Circle SW
    Tallahassee, FL 32310
    800-262-2633

    HOW TO USE YOUR CODE

    This code is organized to make the laws of the Borough as accessible as possible to Borough officials, Borough employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code.

    Numbering System.

    The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation uses a unique and versatile numbering structure that allows for easy expansion and amendment of this Code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2.

    Chapter.

    Chapters deal with specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, Borough Manager, can be added between 2.04, Borough Council, and Chapter 2.08, Borough Attorney.

    Section.

    Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering.

    Tables of Contents.

    There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively.

    Ordinance History Note.

    At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord. 272 § 1, 1992).)

    Beginning with Supplement No. 14, a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index.

    Statutory References.

    The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated.

    Cross-Reference Table.

    When a code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new code section in the column labeled "Herein."

    As of Supplement No. 14, this table will no longer be updated.

    Ordinance List and Disposition Table.

    To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)."

    Beginning with Supplement No. 14, this table will be replaced with the "Code Comparative Table and Disposition List."

    Code Comparative Table and Disposition List.

    Beginning with Supplement No. 14, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein.

    Index.

    If you are not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the appropriate subheadings:

    BUSINESS LICENSE

    See also BUSINESS TAX
    Fee 5.04.030
    Required when 5.04.010

    The index will be updated as necessary when the code text is amended.

    Instruction Sheet.

    Each supplement to the new code will be accompanied by an Instruction Sheet. The Instruction Sheet will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Removed pages should be kept for future reference.

    Page Numbers.

    When originally published, the pages of this code were consecutively numbered. As of Supplement No. 14, when new pages are inserted with amendments, the pages will follow a "Point Numbering System". (Example: 32, 32.1, 32.2, 32.2.1, 32.2.2., 33). Backs of pages that are blank (in codes that are printed double-sided) will be left unnumbered but the number will be "reserved" for later use.

    Electronic Submission.

    In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your code more quickly but also ensure that it is error-free. Our e-mail address is: ords@municode.com.

    For hard copy, send two copies of all ordinances passed to:

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    P.O. Box 2235
    Tallahassee, FL 32316

    Customer Service.

    If you have any questions about this code or our services, please contact Municipal Code Corporation at 1-800-262-2633 or:

    Municipal Code Corporation
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    Tallahassee, FL 32310

    ADOPTING ORDINANCE NO. 1651-87

    AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE BOROUGH OF SAYREVILLE IN THE COUNTY OF MIDDLESEX, NEW JERSEY

    WHEREAS, the Mayor and Borough Council of the Borough of Sayreville in the County of Middlesex, New Jersey has caused its ordinances of a general and permanent nature to be compiled and revised and embodied in a revision and codification known as "The Revised General Ordinances of the Borough of Sayreville, 1986."

    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF SAYREVILLE IN THE COUNTY OF MIDDLESEX, NEW JERSEY, AS FOLLOWS:

    Section 1. The ordinances of the Borough of Sayreville in the County of Middlesex, New Jersey, of a general and permanent nature, as codified, Chapters I to XXVII are hereby ordained as "The Revised General Ordinances of the Borough of Sayreville, 1986."

    Section. 2. All of the provisions of "The Revised General Ordinances of the Borough of Sayreville, 1986," shall be in force and effect on and after the effective date of this ordinance.

    Section 3. All ordinances of a general and permanent nature, adopted by the Mayor and Council (hereafter referred to as the "Council") and in force on June 18, 1986, and not contained in "The Revised General Ordinances of the Borough of Sayreville, 1986," are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided in Section 4.

    Section 4. The repeal provided for in Section 3 of this ordinance shall not affect:

    a.

    Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

    b.

    Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this ordinance;

    c.

    Any right of franchise conferred by the Council;

    d.

    Any right, right-of-way or easement acquired or established in any street, road, highway or other public place within the Borough.

    e.

    Any ordinance of the Borough providing for laying out, opening, altering, widening, relocating, straightening, acceptance or vacation of any street, road or highway within the Borough;

    f.

    Any ordinance or resolution of the Borough promising or guaranteeing the payment of money by or for the Borough or authorizing the issuing ofbonds or other evidence of the Borough's indebtedness, or any contract of or obligation assumed by the Borough;

    g.

    The annual budget appropriation ordinances or resolution, and all ordinances and resolutions appropriating or transferring funds;

    h.

    The administrative ordinances or resolutions of the Council not in conflict or inconsistent with the provisions of the Revised General Ordinances;

    i.

    Any ordinance or resolution of the Council fixing compensation or salaries of the Borough officials and employees or the pay and compensation of positions and clerical employments which are not provided for in the Revised General Ordinances and which are not in conflict or inconsistent therewith;

    j.

    Any ordinance or resolution of the council creating employments, positions or offices and fixing duties therefor which are not provided for in the Revised General Ordinances and which are not in conflict or inconsistent therewith;

    k.

    Concerning the Traffic Chapter, any other provisions of this ordinance to the contrary notwithstanding the repeal provided for in Section 3 of this ordinance shall not become effective with respect to any ordinance regulating traffic or parking on the public streets or highways until the traffic and parking chapters of the Revised General Ordinances are finally approved by the Director of the New Jersey Department of Transportation, and said chapters shall not take effect until finally approved by the Director as aforesaid;

    1.

    Any ordinance adopted by the Board of Health of the Borough;

    m.

    The Zoning Ordinance of the Borough of Sayreville, which was adopted as Ord. #1268.

    n.

    Any ordinances of the Borough Council adopted upon final passage after the 18th day of June, 1986.

    Section 5. The effect of proposed changes contained in the revision is listed below:

    Chapter I - General. Chapter I has been revised and contains the official title, general definitions and rules of construction that are intended to provide uniform construction and interpretation of general terms used throughout the revision, as well as for all other ordinances of the Borough of Sayreville. The Chapter also contains a severability clause relating to the entire Code.

    Section 1 -5 is new and contains the general penalty clause applicable to the entire revision or any other ordinance. In subsection 1-5.1 a maximum penalty of one thousand ($ 1,000.00) dollars fine and ninety (90) days imprisonment or both fine and imprisonment is established to agree with State Statutes. Subsection 1-5.1 eliminates the need to restate the maximum penalty clause each time a new regulatory ordinance is adopted. Subsection 1-5.2 states that each and every day a violation exists is deemed a separate violation. Subsection 1-5.3 provides that the amount of any particular penalty is at the discretion of the adjudicating authority. Subsection 1-5.4 provides that the Council may establish a minimum fine not exceeding one hundred ($ 100.00) dollars for violations of a particular code, provision or ordinance. Section 1-6 is new and provides for the Borough Clerk to maintain the Revised General Ordinance Book.

    Chapter II - Administration. Chapter II contains the Administrative Code of the Borough of Sayreville and the establishment of all boards, committees and commissions, as well as administrative procedures that have been established by ordinance.

    In subsection 2-3.2 the order of business of the Borough Council has been revised to conform to current practices.

    Subsection 2-7.1 has been revised to state the term of the Borough Clerk is three years.

    Subsection 2-8.1, Departments, Boards and Commissions, has been revised to conform to the present status of the Borough.

    Subsection 2-10.4 has been revised to state that the Borough Tax Assessor shall conduct his business from the Borough Hall daily during normal business hours.

    Section 2-17 is revised to "Department of Public Buildings and Grounds". This department was formerly known as the "Department of Public Property". This section also states the duties of the department.

    Subsection 2-23.1 is revised to refer to the position of Construction Official and Zoning Officer; and 2-23.2 is revised to establish the hours of the Construction Official.

    Subsection 2-28.4 is revised to require that accidents be reported to the Department of Insurance and Risk Management.

    In Section 2-30, "Civil Defense", has been revised to "Office of Emergency Management", and subsection 2-32.2 has been changed to provide that the Commission shall elect a Chairman from within.

    Subsection 2-32.6 has been revised to state that the Borough Council may appropriate funds for the expenses of employees of the Commission, which shall be fixed by the Mayor and Council.

    Subsection 2-36.4 has been updated to comply with procedures currently in use which require filing with the Treasurer the budget requests, on forms prescribed by the Treasurer's office, and to be submitted to Mayor and Council for review and adoption.

    Subsections 2-36.5 and 2-36.6 are reserved for future use.

    Subsection 2-36.7 is new and requires all supplies to be purchased in accordance with State Statutes. Subsection 2-36.8 is revised and permits the officer or employee in charge of the department wherein an emergency has occurred to award a contract without advertising for competitive bids.

    Subsection 2-36.9 is revised to require that the individual who is responsible for ordering materials shall require signed delivery slips.

    Chapter III - Fire Department. This Chapter codifies the ordinance material which has been adopted for the establishment, organization and functioning of the Fire Department.

    Subsection 3-3.7 has been revised to require the minimum age of members shall be eighteen (18) years of age. Subsection 3-4.2 has been changed to state "subject to approval ofMayor and Borough Council".

    Subsection 3-6.3 is revised to "Mayor and Borough Council" to control the apparatus and occupancy of fire houses.

    Section 3-9 has been revised to include "lieutenants" and give duties and responsibilities for the Captain and Lieutenants, and throughout the Chapter references to foreman or assistant foremen now refer to Captain or Lieutenants.

    Section 3-14 has been revised to state that permission to take apparatus outside the Borough in cases of emergency to render aid, may be requested from "the Mayor, any member of the Department of Public Safety, the Chief or Acting Chief.

    Section 3-15 has been revised to require a complete list of names of members to be submitted to "the Mayor and Borough Council"; and Section 3-16 has been changed to say "the Mayor and Borough Council" shall appoint persons to perform work in and about the municipally owned fire house.

    Chapter IV - Police Department. This Chapter codifies the ordinance material which has been adopted to provide for the establishment, organization and functions of the Police Department.

    In this Chapter all references to "police committee" have been changed to "Public Safety Committee".

    In Section 4-4 reference is changed to "Public Safety Complex" (not municipal building).

    Section 4-5, Qualifications, has been substantially revised to comply with the Laws of the State ofNew Jersey and New Jersey Civil Service Department requirements. Subsection 4-53 has been changed to permit an applicant of eighteen (18) years of age to apply.

    In Section 4-12 the probationary period of probationary patrolmen has been revised to ninety (90) days.

    Section 4-13 requires all procedures to be in compliance with the procedures of the Civil Service Commission and the Collective Bargaining Agreement.

    Chapter V - Police Regulations. This Chapter contains regulations governing loitering; disorderly conduct; noise; littering; distribution of handbills; dangerous weapons; removal of snow and ice; abandoned motor vehicles; consumption of alcoholic beverages upon public streets, etc.; the regulation of opening and closing hours of commercial establishments; declaration of state of emergency; games of chance; trespassing; sale or display of paraphernalia for controlled dangerous substances prohibited; regulating the distribution of sexually provocative materials to minors; regulating the purchasing of gold, silver and other precious metals and gems; prevention of offenses against the public peace by minors; use of motorcycles, snowmobiles, motor scooters, etc.; use of earphones by joggers and bicyclists; and fire lanes.

    Subsection 5-4.7 has been changed to require a person who is in control of a dog on property which is not his own to carry a device for scooping pet wastes, and a sanitary depository for transmission of such wastes. The penalty clauses have been revised to refer to the General Penalty Clause in Section 1-5.

    Chapter VI - Alcoholic Beverage Control. The existing Code provision has been rearranged for the purposes of topical sequence. The new sections state the purpose of the Chapter (6-1); definitions (6-2); requires all licenses to be in accord with State and Federal law (6-3.1); and establishes the issuing authority (6-3.2). Subsection 6-3.3 requires that a license be obtained in accordance with the act; Section 6-4 states the license fees; Section 6-5 establishes the hours of sale and prohibited sales to certain persons; Section 6-6 contains regulations concerning persons under the legal age on licensed premises.

    Section 6-7 provides for revocation or suspension of license for violations of the provisions of this Chapter.

    Chapter VII - Traffic. This Chapter contains the traffic ordinances of the Borough placed in accord with a model of organization that has been recommended by the State ofNew Jersey Division of Motor Vehicles. New and revised traffic regulations have been included in accordance with the Department of Transportation traffic survey.

    Chapter VIII - General Licensing. Chapter VIII codifies the ordinances regulating business licensing and also including the licensing and regulation of peddlers and hawkers, solicitors and canvassers, retail food establishments, auctioneers, mechanical and electronic amusement devices, pool and billiard parlors, barber shops and beauty parlors, junk yards, operation of stables, movie theaters, burglar and fire alarms, wreckers, trailer camps and trailers used for commercial, business and industrial facilities.

    In subsection 8-4.4, the fees for solicitors and canvassers has been raised to fifty ($50.00) dollars. Section 8-7 has been revised to refer to mechanical and electronic amusement devices.

    Chapter IX - Animal Control. This Chapter includes the regulations for licensing and control of dogs and licensing of pet shops, kennels, shelters and pounds.

    Subsection 9-8.8 which is new, requires the removal of dog feces from any street, sidewalk, play area, park or place where people congregate.

    Chapter X - Personnel. The personnel policies established for the Borough personnel are contained in this Chapter. Subsection 10-4.1 has been revised to include the summer hours of the Borough Hall. Subsection 10-4.3 has been revised to state that vacations shall be scheduled according to the agreement with New Jersey Civil Service and that vacations shall be scheduled between January 15 and December 15. In subsection 10-4.4, immediate family has been defined.

    Chapter XI - Licensing of Taxicabs . In this Chapter are regulations pertaining to the licensing and control of taxicabs.

    Chapter XII - Building and Housing . Regulations dealing with the State Uniform Construction Code, the Housing Code, Property Maintenance Code, Home Buyer's Protection Code Housing Authority, Rent Control, Building Contractor's Registration and Security, Use of Portable Signs, and Waiver of Construction Permit Fee are included in this Chapter. Section 12-3 has been revised to adopt by reference the "BOCA Basic/National Existing Structures Code, 1984".

    Chapter XIII - Streets, Sidewalks and Sanitation. Included in this Chapter are regulations on excavation in streets, construction and repair of curbs and sidewalks, house numbers, regulations for collection of garbage and rubbish and the separation of newspapers.

    Subsection 13-1.4, Fees, has been revised to increase fees to twenty ($20.00) dollars per square yard for paved openings; eleven ($11.00) dollars per square yard for shoulder openings; and nine ($9.00) dollars per square yard for lawn area openings; and twenty ($20.00) dollars per lineal foot for curb replacement.

    Subsection 13-1.7, paragraph e is new, and provides that the reimbursement money shall be held for ninety (90) days to ensure permanent replacement of the road. Subsection 13-4.10 has been revised to permit a maximum of six (6) plastic bags allowed for pick up.

    Chapter XIV - Water and Sewer . Regulations on charges for. sewer and water, installations, meters and use; the Middlesex County Sewerage Authority and the Sewer Moratorium Program are included in this Chapter.

    Subsection 14-14.4, paragraph c has been revised to state that if a meter is unable to be reset, adjustments will be made at time of billing.

    Chapter XV - Fire Prevention . This Chapter codifies the ordinance which adopted the State Uniform Fire Safety Act.

    Chapter XVI - Factory Built Mobile and Modular Housing . Regulations concerning licensing, standards, density, roads, water supply, sewerage and storm drains and refuse collection for the above-mentioned factory-built housing is contained herein.

    Chapter XVII - Parks and Recreational Areas . Regulations for conduct in parks and recreational areas, fees for permits for Bailey Park, tennis courts, boat launching, etc., are contained in Chapter XVII.

    Subsection 17-1.7 paragraph a, 4 has been revised to require a two hundred ($200.00) dollar deposit for use of Burke's Park; and a one hundred eighty ($180.00) dollar deposit for Jackson Avenue Park.

    Chapter XVIII - Library Regulation . Library regulations are contained herein.

    Chapter XIX - Swimming Pools . Permits and regulations for construction of a swimming pool are included in this Chapter. Subsection 19-2.2, Application for Permit, has been revised to conform to the standards of the Uniform Construction Code.

    Chapter XX - Cable Television . The ordinance establishing a Cable Television franchise is complete in this Chapter.

    Chapter XXI - Pesticide Control . Conformance to regulations established by the Department of Environmental Protection when using pesticides is required by this Chapter.

    Chapter XXII - Air Pollution Control . This Chapter adopts the Middlesex County Health Department's Air Pollution Control Code.

    Chapter XXIII - Flood Damage Prevention and Protection. Ord. #1378, the Flood Damage Prevention Ordinance is codified in this Chapter.

    Chapter XXIV - Soil and Soil Removal. This Chapter contains the soil removal regulations which are enforced in the Borough.

    Chapter XXV - Topographical Maps. This Chapter contains procedures whereby copies of topographical maps of the Borough may be obtained.

    Chapter XXVI - Land Use Procedures. The Land Use Procedures Ordinance, adopted as Ord. #1209, which established the Planning Board and the Zoning Board of Adjustment, is complete in this Chapter.

    Chapter XXVII - Zoning. Reserved.

    Throughout the Revision there has been reorganization and editing of the source ordinances, not to effect substantive changes but intended to eliminate word duplications and overlapping and to effect uniformity of expression. In some cases provisions of the source ordinances have not been included in the revision either because they have been expressly or impliedly repealed by later ordinances, are obsolete or no longer apply in the Borough of Sayreville.

    Section 6. A copy of the Revised General Ordinances of the Borough of Sayreville, in the County of Middlesex and State of New Jersey, in loose-leaf form, has been filed in the office of the Borough Clerk of the Borough of Sayreville and shall remain there for the use and examination of 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 Borough of Sayreville by impressing thereon the seal of the Borough of Sayreville, as provided by law, and such certified copy shall remain on file in the office of the Borough Clerk of the Borough of Sayreville to be made available to persons desiring to examine the same during all times while the Revision is in effect.

    Section 7. Amendments to the Revision. Any and all additions, amendments or supplements to the Revision when passed and adopted in such form as to indicate the intent of the Borough Council to make them a part thereof shall be deemed to be incorporated into such revisions so that reference to "The Revised General Ordinances of the Borough of Sayreville, 1986" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Revisions shall be adopted they shall thereafter be printed, and as provided hereunder inserted in the book containing the Revised General Ordinances as amended and supplemented thereto.

    Section 8. It shall be the duty of the Borough Clerk or someone authorized and directed by him to keep up-to-date the certified copy of the book containing "The Revised General Ordinances of the Borough of Sayreville, 1986," required to be filed in his office for the use of the public. All changes in the Revision and all ordinances adopted subsequent to the effective date of this codification shall be adopted specifically as part of the Revision and shall when finally adopted be included therein by reference until such changes or new ordinances are printed as supplements to the Code book, at which time such supplements shall be inserted therein.

    Section 9. The Borough Clerk of the Borough of Sayreville, 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 Borough of Sayreville. Sufficient copies of the Revised General Ordinances of the Borough of Sayreville shall be maintained in the office of the Borough 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 Revision for inspection by the public shall be deemed, held and considered to be due and legal publication of all provisions of the Revision for all purposes.

    Section 10. Copies of the book containing "The Revised General Ordinances of the Borough of Sayreville, 1986," may be purchased from the Borough Clerk upon the payment of a fee to be set by resolution of the Council which may also arrange by resolution the procedures for the periodic supplementation thereof.

    Section 11. Each section of "The Revised General Ordinances of the Borough of Sayreville, 1986," and every part of each section is an independent section or part of a section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to effect the validity or constitutionality of any other sections or parts thereof.

    Section 12. This ordinance shall take effect immediately upon final passage and publication thereof according to law.

    JAMES L. ZAGATA

    Attest:

    Margaret V. Hahn

    Borough Clerk

    Approved as to form:

    Casper B. Boehm, Jr.

    Borough Attorney

    781-10/11

    ADOPTING ORDINANCE NO. 216-91

    AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF CHAPTER VII "TRAFFIC"

    WHEREAS, the Mayor and Borough Council of the Borough of Sayreville, in the County of Middlesex in the State of New Jersey has caused its Ordinances of a general and permanent nature to be compiled and revised and embodied in a revision and codification known as "The Revised General Ordinances of the Borough of Sayreville, 1986;" and

    WHEREAS, the Mayor and Borough Council of the Borough of Sayreville has caused its Ordinances concerning "Traffic" which appear in Chapter VII of the "Revised General Ordinances of the Borough of Sayreville, 1986" to be compiled, revised and updated pursuant to the laws of the State of New Jersey.

    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF SAYREVILLE IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AS FOLLOWS:

    Section 1. The Ordinances of the Borough of Sayreville in the County of Middlesex, State of New Jersey, of a general and permanent nature as codified in Chapter VII "Traffic" of the Revised General Ordinances of the Borough of Sayreville are hereby ordained and shall be in full force and effect on and after the effective date of this Ordinance.

    Section 2. All Ordinances of a general and permanent nature adopted by the Mayor and Borough Council pursuant to Chapter VII on or before the date of enactment of the within Ordinance, and not contained in this revised Chapter VII are hereby repealed from and after the effective date of this Ordinance, except as further provided in Section 3 herein.

    Section 3. The repeal provided in Section 3 of this Ordinance shall not affect:

    a.

    Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring before the effective date of this Ordinance.

    b.

    Any prosecution, action, suit or other proceeding pending or any judgment rendered on or prior to the effective date of this Ordinance.

    c.

    Any right of franchise conferred by the Council.

    d.

    Any right, right-of-way or easement acquired or established in any street, road, highway or other public place and/or semi-public place within the Borough on or before the effective date of this Ordinance.

    e.

    Any Ordinance of the Borough providing for laying out, opening, altering, widening, relocated, straightening, acceptance or vacation of any street, road or highway within the Borough.

    f.

    Any Ordinance or resolution of the Borough promising or guaranteeing the payment of money by or for the Borough or authorizing the issuing ofbonds or other evidence of the Borough's indebtedness, or any contact of or obligation assumed by the Borough.

    g.

    The annual budget appropriation Ordinances or Resolution, and all Ordinances and Resolutions appropriating or transferring funds.

    h.

    The administrative Ordinances or Resolutions of the Council not in conflict or inconsistent with the provisions of the Revised General Ordinances or Resolutions of the Mayor and Borough Council not in conflict or inconsistent with the provisions of this Chapter VII.

    i.

    Any Ordinance or Resolution of the Mayor and Borough Council creating employments, positions or offices and fixing duties therefor which are not provided for in this Revised Chapter VII which are not in conflict or inconsistent therewith.

    j.

    Concerning this Revised Chapter VII, any provisions of this Ordinance to the contrary notwithstanding the repeal provided for in this Section 3 of this Ordinance shall not become effective with respect to any Ordinance regulating traffic or parking on public streets or highways on or until the traffic and parking chapters of this Revised Chapter VII are finally approved by the Director of the New Jersey Department of Transportation, and the Middlesex County Board of Chosen Freeholders and said chapters shall not take effect until finally approved pursuant to the laws of the State of New Jersey.

    k.

    Any Ordinances of the Mayor and Borough Council adopted until and/or following final passage of the within Ordinance.

    Section 4. Chapter VII has been revised and contains the Traffic Ordinances of the Borough placed in accord with a model of organization that has been recommended by the State of New Jersey Department of Transportation. New and revised traffic regulations have been included in accordance with the Department of Transportation Traffic Survey. This Revised Chapter VII includes: Part 1 - On-Street Traffic Regulations; Part 2 - Municipally Controlled Parking Lots and Parking Areas, Part 3 - Traffic Regulations on Semi-Public or Private Streets or Parking Area As Authorized by Subtitle 1, Title 39 Of The New Jersey Statutes; and Part 4 - Traffic Regulations On Semi-Public Or Private Streets For Parking Areas As Authorized by Subtitle 1, Title 48 Of The New Jersey Statutes.

    Section 5. Throughout the revision, there has been a reorganization and editing of the source Ordinances, not to effect substantive changes but intended to eliminate word duplications and overlapping and to effect uniformity of expression. In some cases provisions of the source Ordinances have not been included in the revision either because they have been expressly or impliedly repealed by later Ordinances, are obsolete, or no longer applicable in the Borough of Sayreville, County of Middlesex and State of New Jersey.

    Section 6. A copy of this Revised Chapter VII of the "Revised General Ordinances of the Borough of Sayreville, 1986" in the County of Middlesex and State of New Jersey, in loose-leaf form has been filed in the Office of the Borough Clerk of the Borough of Sayreville and shall remain there for the use and examination of the public until final action is taken on this Ordinance, and if this Ordinance shall be adopted, such copies shall be certified by the Borough Clerk of the Borough of Sayreville by impressing thereon the seal of the Borough of Sayreville, as provided by law, and such certified copy shall remain on file in the office of the Borough Clerk of the Borough of Sayreville to be made available to persons desiring to examine the same during all times while the revision is in effect.

    Section 7. Amendments To The Revision. Any and all additions, amendments or supplements to the revision when passed and adopted, in such form as to indicate the intent of the Mayor and Borough Council to make them a part thereof shall be deemed to be incorporated into such revisions so that the reference to, the "Revised General Ordinances of the Borough of Sayreville, 1986" shall be understood and intended to include such additions, amendments or supplements. Whenever such additions, amendments or supplements to the revisions shall be adopted, they shall thereafter be printed and provided hereunder inserted in a book containing the Revised General Ordinances as amended and supplemented thereto.

    Section 8. It shall be the duty of the Borough Clerk or someone authorized by the Borough Clerk to keep up-to-date the certified copy of the book containing the "Revised General Ordinances of the Borough of Sayreville, 1986," required to be filed in the Borough Clerk's Office for the use of the public. All changes in the Revision and all Ordinances adopted subsequent to the effective date of this codification shall be adopted specifically as part of the revision and shall when finally adopted be included therein by reference until such changes or new Ordinances are printed as supplements in the code book, and at such time such supplements shall be inserted therein.

    Section 9. The Borough Clerk of the Borough of Sayreville pursuant to law shall be caused to be published in a manner required a copy of this adopting Ordinance in a newspaper of general circulation in the Borough of Sayreville. Sufficient copies of the Revised Chapter VII of the "Revised General Ordinances of the Borough of Sayreville, 1986", shall be maintained in the Office of the Borough Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Ordinance adopting the Revised Chapter VII coupled with the availability of copies of the Revised Chapter VII for inspection by the public shall be deemed, held and considered to he due and legal publication of all provisions of the Revised Chapter VII for all purposes.

    Section 10. Copies of the book containing "The Revised General Ordinances of the Borough of Sayreville, 1986" may be purchased from the Borough Clerk upon the payment of a fee to be set by the Resolution of the Mayor and Borough Council of the Borough of Sayreville which may also arrange for periodic supplementation thereof.

    Section 11. Each section of "The Revised General Ordinances of the Borough of Sayreville, 1986" and every part of each section is an independent section or part of a section and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to effect the validity or constitutionality of any other sections or parts thereof. Each section for the Revised Chapter VII of "The Revised General Ordinances of the Borough of Sayreville, 1986" and every part of the Revised Chapter VII is an independent section or part of an independent section and the holding of any section or part thereof of the Revised Chapter VII to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other section of the Revised Chapter VII or parts thereof.

    Section 12. This Ordinance shall take effect immediately upon passage and publication according to law, subject only to the approval of the Department of Transportation of the County of Middlesex, and the State Department of Transportation of the State of New Jersey.

    ATTEST:

    _______

    Gladys R. Rzepka

    Borough Clerk
    		_______

    Kenneth Olchaskey
    APPROVED AS TO FORM: APPROVED
    _______

    John O. Bennett, III

    		_______

    John B. McCormack

    Mayor