[Ord. No. O-74-07]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Monmouth Beach, 2007," and is herein
referred to as the "Code" or the "Revision."
[Ord. No. O-74-07]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
The Governing Body of the Borough.
The Borough of Monmouth Beach in the County of Monmouth,
State of New Jersey. The words "the Borough" or "this Borough" shall
be construed as if the words "of Monmouth Beach, New Jersey," followed
them.
The municipal clerk duly appointed pursuant to law.
The "Revised General Ordinances of the Borough of Monmouth
Beach, 2007."
The Board of Commissioners of the Borough of Monmouth Beach,
New Jersey.
The County of Monmouth.
An organizational unit of the Borough government established
or designated by ordinance or this Code as a department, together
with any agency or instrumentality of the Borough government assigned
to such organizational unit by the Board of Commissioners.
The Board of Commissioners of the Borough of Monmouth Beach.
Licensed in accordance with the appropriate section or chapter
of this 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 equivalent to the words "affirm" and "affirmed."
As applied to a building or land, shall include any person
who occupies the whole or part of a building or land, whether alone
or with others.
The title of an officer or official shall be construed as
if the words "of the Borough of Monmouth Beach" followed it.
Any act of local legislation heretofore or hereafter adopted,
and including this Revision, so long as it shall have been adopted
by the procedure required for the adoption of an ordinance and so
long as it shall remain 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 person thereof
in any capacity, acting either for himself/herself or for any other
person, under either personal appointment or pursuant to law.
Next before and next after, respectively.
Severally be construed to mean any and every public ground,
public square, public park or other public place within the Borough.
Includes any act or regulation of the Board of Commissioners
required to be reduced to writing, but which may be finally passed
at the meeting at which it is introduced.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians.
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 field used by the general
public.
Seven days.
A calendar year unless otherwise specifically provided.
[Ord. No. O-74-07]
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the
future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the
singular.
"Shall" is mandatory and "may" is permissive.
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, or a legal holiday, that day shall be excluded.
"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.
"Chapter" shall mean one of the major divisions of this Code,
identified by a Roman numeral, and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified
by a decimal number.
"Paragraph" shall mean a subdivision under a subsection, identified
by an alphabetical letter and/or Arabic number.
Whenever a specific time is used in this Code, it shall mean
the prevailing and established time in effect in the State of New
Jersey during any day in any year.
Any citation of a Statute, law or ordinance contained in this
Code shall be deemed to refer to such Statute, law or ordinance as
amended, whether or not such designation is included in the citation.
[Ord. No. O-74-07]
If any chapter, section, subsection or paragraph of this Code
shall be declared to be unconstitutional, invalid, or inoperative,
in whole or in part, by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this Code.
[Ord. No. O-75-06]
The purpose of this section is to adopt statutorily permitted
fines and penalties to be imposed by the Municipal Court for violation
of the Revised General Ordinances of the Borough of Monmouth Beach.
[Ord. No. O-75-06]
a.
Any person who violates any of the provisions of the Revised General
Ordinances of the Borough of Monmouth Beach which provide for fines
and penalties associated with those violations shall be subject to
the following penalties:
b.
Any person who violates any of the provisions of the Revised General
Ordinances of the Borough of Monmouth Beach which provide for fines
and penalties associated with those violations, if fined by the Municipal
Court, shall be subject to a minimum fine of $50.
c.
Any person convicted for the violation of an ordinance pertaining
to unlawful solid waste disposal shall be subjected to a maximum penalty
by a fine not exceeding $10,000.
d.
The Court before which any person is convicted of violating any ordinance
of this municipality shall have the power to impose any fine, term
or imprisonment, or period of community service not less than the
minimum and not exceeding the maximum fixed by this section.
e.
Any person who is convicted of violating an ordinance or Code provision
within one year of the date of a previous violation of the same ordinance
or Code provision and who was fined for the previous violation shall
be sentenced by the Court to an additional fine as a repeat offender.
The additional fine imposed by the Court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of this section, but shall be calculated separately
from the fine imposed for the violation of the ordinance or the Code
section.
f.
Any person convicted of the violation of any ordinance may, in the
discretion of the Court by which he was convicted, and in default
of the payment of any fine imposed therefor, be imprisoned in the
County jail or place of detention provided by the municipality, for
any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
g.
If the Court chooses to impose a fine in an amount greater than $1,250
upon an owner for a violation of or violations of housing or zoning
codes, the Court shall provide a thirty-day period in which the owner
shall be afforded the opportunity to cure or abate the condition and
shall also be afforded an opportunity for a hearing before a Court
of competent jurisdiction for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a Court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
[Ord. No. O-74-07]
The provisions of this Code, so far as they are in substance
the same as those ordinances existing on the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
[Ord. No. O-74-07]
It shall be the duty of the Municipal Clerk or someone authorized
and directed by the Clerk to keep up-to-date the certified copy of
the book containing "The Revised General Ordinances of the Borough
of Monmouth Beach, 2007" required to be filed in the Office of the
Municipal Clerk for the use of the public. All changes in the Code
and all ordinances adopted by the Board of Commissioners subsequent
to the adoption of the Code, which the Board of Commissioners shall
adopt specifically as a part of the Code, shall, when finally adopted,
be included therein by reference until such change or new ordinances
are printed as supplements to the Code, at which time such supplements
shall be inserted therein.
