[HISTORY: Adopted by the Mayor and Council of the Borough of Garwood as indicated in article histories. Amendments noted where applicable.]
The ordinances embraced in this and the following chapters constitute and shall be known as the "Revised Ordinances of the Borough of Garwood, New Jersey 1974" and may be so cited, or may be cited as the "Revised Ordinances of Garwood 1974."
In the construction of the Revised Ordinances of Garwood (1974) and of all other ordinances of the Borough, words and phrases shall be read and construed within their context, and shall, unless inconsistent with the manifest intent of the Borough Committee or unless another or different meaning is expressly indicated, be given their generally accepted meaning, according to the approved usage of the language. Technical words and phrases, and words and phrases having a special or accepted meaning in the law, shall be construed in accordance with such technical or special and accepted meaning.
Unless otherwise expressly provided, or unless there is something in the subject or context repugnant to such construction, or unless inconsistent with the manifest intent of the Borough Committee, the following words and phrases when used in the Revised Ordinances of Garwood (1974) or in any other ordinances of the Borough, shall have the meaning herein given:
- AND; OR
- "And" may be construed as meaning "or," and "or" as "and," if the sense requires it.
- The Borough of Garwood in the County of Union.
- The County of Union.
- Words importing the masculine gender shall apply to females as well as to males, and to firms, associations, bodies corporate, and other artificial persons.
- GOVERNING BODY
- The Borough Council of the Borough of Garwood, or such other duly authorized legislative body as shall be charged with governing the Borough.
- Any person under the age of 18 years or otherwise as provided by State Statute.
- A calendar month.
- The Borough of Garwood.
- NEW JERSEY STATUTES ANNOTATED or N.J.S.A.
- That body of statutory law containing revisions of the Revised Statutes of New Jersey and known as the New Jersey Statutes Annotated, as amended and supplemented.
- That period of time between one hour after sunset and one hour before sunrise.
- Words used in the singular number include the plural, and words used in the plural include the singular number.
- Includes "affirmation"; and "swear" and "sworn" include "affirm" and "affirmed."
- See "tenant," infra.
- OFFICER OR OFFICIAL
- And the title of an officer or official or of an official body shall be construed as if the words "of the Borough of Garwood" followed it.
- See "and."
- Includes sole owner and 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, and personal property.
- Includes corporation, companies, societies, firms, partnerships, associations, organizations and any other group or entity acting as a unit, as well as an individual.
- PERSONAL PROPERTY
- Includes goods and chattels, rights and credits, moneys and effects, evidences of debt, choses in action and all written instruments by which any right to, interest in, or lien or encumbrance upon property or any debt or financial obligation is created, acknowledged, evidenced, transferred, discharged or defeated, in whole or in part, and everything, except real property as herein defined, which may be the subject of ownership.
- PRECEDING; FOLLOWING
- Next before and next after, respectively.
- PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE
- Severally means any and every public ground, public square, public park or other public place within the Borough, which is within the jurisdiction and control of the Borough, which is or may be in general use by all citizens, and in which all have an equal right of passage and repassage at will.
- REAL PROPERTY
- Includes lands, tenements and hereditaments, all rights thereto and interest therein.
- REVISED ORDINANCES
- The Revised Ordinances of the Borough of Garwood, New Jersey, 1974.
- REVISED STATUTES or R.S.
- Revised Statutes of New Jersey.
- Any portion of a street or highway between the curbline or the lateral line of a shoulder, or, if none, the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.
- The State of New Jersey.
- Includes highways, roads, avenues, boulevards, courts, public lanes, alleys, sidewalks, foot paths and all other public highways for vehicular or pedestrian travel.
- TENANT or OCCUPANT
- Applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
- Seven days.
- Except as to signatures, "writing" and "written" include printing and any other mode of representing words, letters and figures.
- A calendar year.
The provisions of the Revised Ordinances not inconsistent with prior ordinances in effect at the adoption of the Revised Ordinances shall be construed as a continuation thereof, rather than as new enactments.
All references in the Revised Ordinances to chapters, articles or sections are to chapters, articles or sections of the Revised Ordinances. Such references to chapters or articles shall be construed to refer to all the sections within the chapters or articles to which such references are made.
In the construction of the Revised Ordinances or of any part thereof, no analysis of any chapter or part thereof, no cross-reference or cross-reference note, no indication of a source by parenthetical material after a section, no note, no footnote, and no section heading shall be deemed to be part of the Revised Ordinances.
Whenever an ordinance that repeals an earlier ordinance or part thereof is itself repealed, such repeal shall not revive the former ordinance or part thereof, unless specific provision is made therefor.
The seal heretofore established, provided and used by and for the Borough is hereby continued as the seal of the Borough.
Whenever no specific penalty is provided in the Revised Ordinances or in any other ordinance of the Borough for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for the nonperformance of an act which is required to be done, the violation of any such provision shall be punished by a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof; provided, however, that when the maximum penalty fixed by the applicable state statute is less than any penalty fixed in the Revised Ordinances, then the limitations of such state statute shall be applicable.
[Amended 12-10-2002 by Ord. No. 02-28]
The imposition of a fine or imprisonment as punishment for a violation of these Revised Ordinances or any other ordinances of the Borough shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.
If any section, article or chapter of the Revised Ordinances or of any other ordinance of the Borough, or any part thereof, or the application thereof to any person or circumstances, shall be declared to be invalid or inoperative by any court of competent jurisdiction, such chapter, article or section, to the extent that it is not invalid or inoperative, shall not be affected thereby, and shall be enforced and effectuated. No such determination shall invalidate the remaining chapters, articles or sections.
[Adopted 2-12-2002 by Ord. No. 02-05]
Be it ordained and enacted by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the 1974 Code of the Borough of Garwood, as adopted by the Governing Body of the Borough of Garwood, and subsequent ordinances of the Borough of Garwood of a general and permanent nature, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and as renumbered to consist of Chapters 1 through 160, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Garwood," hereinafter known and referred to as the "Code."