In the construction of the Code of the City of Englewood, and of all other ordinances of the City, words and phrases shall be read and construed within their context, and shall, unless inconsistent with the manifest intent of the ordinance 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 and accepted meaning.
[Adopted 10-5-1978 by Ord. No. 2335 as Ch. 1 of the 1978 Revised General Ordinances]
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 ordinance, the following words and phrases when used in the Code of the City of Englewood or in any other ordinance of the City, shall have the meaning herein given:
A. CITY CITY JAIL COUNCIL COUNTY COUNTY JAIL GOVERNING BODY LEGAL HOLIDAY MONTH MUNICIPAL MUNICIPALITY NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C. NEW JERSEY STATUTES or N.J.S.A. OATH OCCUPANT OWNER PERSON PERSONAL PROPERTY PROPERTY PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE REAL PROPERTY SIDEWALK STATE STREET TENANT or OCCUPANT WEEK WRITING and WRITTEN YEAR
Definitions. 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 ordinance, the following words and phrases when used in the Code of the City of Englewood or in any other ordinance of the City, shall have the meaning herein given:
The City of Englewood.
A place provided by the City of Englewood for detention of prisoners.
The City Council of the City of Englewood.
The County of Bergen.
The county jail of the County of Bergen.
The City Council of the City of Englewood.
The day in each year designated by the State of New Jersey as public holidays pursuant to the provisions of N.J.S.A. 36:1-1, including New Year's Day, the birthday of Martin Luther King, Jr., Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veterans Day, Thanksgiving Day, and Christmas Day, but excluding Saturdays and Sundays generally.
[Added 12-3-1985 by Ord. No. 85-51]
A calendar month.
Pertains to the City of Englewood.
The City of Englewood.
The official instrument of the state for codification of its rules.
That body of statutory law containing revisions of the Revised Statutes of New Jersey and known as the New Jersey Statutes, as amended and supplemented.
[Amended 4-24-2012 by Ord. No. 12-14]
Includes "affirmation"; and "swear" and "sworn" include "affirm" and "affirmed."
See definition of "tenant."
Includes sole owner and any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or part of a building or land, or personal property.
Includes corporations, companies, societies, firms, partnerships, associations, organizations and any other group or entity acting as a unit, as well as an individual.
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, 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 every thing except real property as herein defined, which may be the subject of ownership.
Includes real and personal property.
Any and every public ground, public square, public park, public street, public sidewalk and public thoroughfare of any kind and every other public place within the City which is within the jurisdiction and control of the City.
Includes lands, tenements and hereditaments, all rights thereto and interest therein.[1]
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, footpaths and all other public highways for vehicular or pedestrian travel.
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, includes printing and any other mode of representing words, letters and figures.
A calendar year.[2]
[1]
Editor's Note: The definitions of “Revised General Ordinances or R.G.O.,” “Revised Ordinance or R.O.” and “Revised Statutes or R.S.,” which immediately followed this section, were repealed 4-24-2012 by Ord. No. 12-14.
B.
Word usage.
(1)
Gender. Words importing the masculine gender shall apply to females as well as to males, and to partnerships, limited partnerships, associations, corporations, and other artificial persons.
(2)
Officer or official. The title of an officer or official, shall be construed as if the words, "of the City of Englewood" followed it.
In the construction of the Code of the City of Englewood or 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 Code.
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.
A.
Establishment. The Seal heretofore provided and used by and for the City is hereby established and continued as the Seal of the City.
B.
Description. The following is a statement of explanation and description of said Seal:
The City Seal is two inches in diameter, consisting of two concentric circles, and in the outer circle are the words "The City of Englewood," and the letters "N.J." at the bottom, between stars. In the inner circle, at the top of the Seal, is the word "Incorporated," and at the bottom "March 17, 1899." In the center is an American eagle, with spread wings—the eagle looking to its right—clutching, in its right talon, four arrows and, in its left talon, an olive branch with six leaves. |
[Amended 3-14-2006 by Ord. No. 06-04]
A.
Whenever no specific penalty is provided for in the Code of the City of Englewood or in any other ordinance of the City of Englewood for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for nonperformance of an act which is required to be done, the violation of any such provision shall be punished by one or more of the following penalties: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners, for a term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days; provided, however, that when the maximum penalty fixed by an applicable state statute is less than any penalty fixed in the Code, then the limitations of such state statute shall be applicable.
B.
Any person who is convicted of violating any ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be subject to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeat offense shall not be less that the minimum nor exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
C.
A separate offense shall be deemed committed on each day during or on which a violation of Code or of any other ordinance of the City of Englewood occurs or continues and shall be separately punishable by imprisonment, fine or community service as herein provided.
D.
The imposition of imprisonment, a fine, or community service as punishment for a violation of the Code or of any other ordinances of the City of Englewood 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.[1]