[HISTORY: Adopted by the Township Committee of the Township of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1997 by Ord. No. 97-2479 as Ch. 1, Art. II, of the 1996 Township Code]
In the construction of the Code of the Township of Middletown, and of all other ordinances of the Township, words and phrases shall be read and construed with their context and shall, unless inconsistent with the manifest intent of the Township 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 Township Committee, the following words and phrases, when used in the Code of the Township of Middletown or in any other ordinances of the Township, shall have the meanings herein given:
- AND; OR
- May be construed as meaning "or" if the sense requires it.
- BUILDING OFFICIAL
- Refers to the Construction Official of the Township.
- Refers to Laws of 1971, Chapter 237, "A Special Act Relating to the Government and Administration of the Township of Middletown in the County of Monmouth," also known as "Middletown Charter, 1971." (See Charter.)
- The County of Monmouth.
- COUNTY JAIL
- The county jail of the County of Monmouth.
- Next after.
- GOVERNING BODY
- The Mayor and Township Committee of the Township of Middletown or such other duly authorized legislative body as shall be charged with governing the Township.
- A calendar month.
- Of or pertaining to the Township of Middletown.
- The Township of Middletown.
- NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C.
- The official instrument of the state for codification of its rules.
- NEW JERSEY STATUTES 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," as amended and supplemented.
- Includes "affirmation"; and "swear" and "sworn" include "affirm" and "affirmed."
- See "tenant."
- May be construed as meaning "and" if the sense requires it.
- 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 of a part of a building or land and 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.
- 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, 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.
- Next before.
- Includes real and personal property.
- PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE
- Any and every public ground, public square, public park or other public place within the Township which is within the jurisdiction and control of the Township, and 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 interests therein.
- REVISED STATUTES or N.J.S.A.
- That body of statutory law known as the "Revised Statutes of New Jersey (1937)" containing the general and permanent laws of the state adopted on December 20, 1937, as amended and supplemented.
- 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.
- 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.
- The Township of Middletown, New Jersey.
- TOWNSHIP COMMITTEE
- The Township Committee of the Township of Middletown.
- Seven days.
- Except as to signatures, "writing" and "written" include printing and any other mode of representing words, letters and figures.
- A calendar year.
Editor's Note: The original definitions of "'Revised General Ordinances' or 'R.G.O.'" and "'Revised Ordinances' or 'R.O.,'" which immediately followed, were repealed 8-4-1997 by Ord. No. 97-2479.
Gender. Words importing the masculine gender shall apply to females as well as to males and to partnerships, limited partnerships, associations, bodies corporate and other artificial persons.
Number. Words used in the singular number include the plural, and words used in the plural include the singular number.
"Officer" or "official," and the title of an officer or official, shall be construed as if the words "of the Township of Middletown" followed it.
The seal heretofore provided and used by and for the Township as its Official Seal is hereby continued as the Official Seal of the Township.
Whenever no specific penalty is provided in this Code or in any other ordinance of the Township 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 $2,000 or by imprisonment for a term not exceeding 90 days, or by a period of community service not to exceed 90 days, or any combination thereof; provided, however, that when the maximum penalty fixed by an applicable state statute is less, by force of said statute or by judicial construction, than any penalty fixed in this Code, then the limitations of such state statute shall be applicable.
[Amended 8-4-1997 by Ord. No. 97-2479; 5-1-2006 by Ord. No. 2006-2876]
A separate offense shall be deemed committed on each day during or on which a violation of this Code or of any other ordinance of the Township, punishable by fine or imprisonment, or both, occurs or continues.
The imposition of a fine or imprisonment as punishment for a violation of this Code or of any other ordinances of the Township 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.
[Adopted 2-6-2017 by Ord. No. 2017-3185]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Middletown of a general and permanent nature adopted by the Township Committee of the Township of Middletown, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 540, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Township of Middletown," 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 Middletown 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 Middletown" 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 Middletown, 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 authorized by the Township. The Clerk shall 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 Middletown 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 $2,000, 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.
Except as provided in § 1-17, Ordinances saved from repeal, below, 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 Middletown which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific ordinances. The Township Committee of the Township of Middletown has determined that the following former chapters of the 1996 Code are no longer in effect and hereby specifically repeals the following:
The adoption of this Code and the repeal of ordinances provided for in § 1-16 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to September 9, 2016.
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.
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.
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.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
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.
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.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
The dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance adopting or amending the Zoning Map.
Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.
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.
"Department of Public Works" and "Department of Parks" are changed to "Department of Public Works, Parks and Engineering."
"Department of Parks, Recreation and Cultural Affairs" and "Department of Parks and Recreation" are changed to "Department of Recreation."
"Department of Health" and "Health Department" are changed to "Department of Health and Social Services."
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-18B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 2-6-2017 by Ord. No. 2017-3185." Schedule A, which contains a complete description of all changes, is on file in the Township offices.