[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.
A.
AND; OR
BUILDING OFFICIAL
CHARTER
COUNTY
COUNTY JAIL
FOLLOWING
GOVERNING BODY
MONTH
MUNICIPAL
MUNICIPALITY
NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C.
NEW JERSEY STATUTES or N.J.S.A.
OATH
OCCUPANT
OR
OWNER
PERSON
PERSONAL PROPERTY
PRECEDING
PROPERTY
PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE
REAL PROPERTY
REVISED STATUTES or N.J.S.A.
SIDEWALK
STATE
STREET
TENANT or OCCUPANT
TOWNSHIP
TOWNSHIP COMMITTEE
WEEK
WRITING
YEAR
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:
May be construed as meaning "or" if the sense requires it.
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.
The county jail of the County of Monmouth.
Next after.
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.
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.
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.
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.
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.
Includes lands, tenements and hereditaments, all rights thereto
and interests therein.[1]
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.
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.
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.
[1]
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.
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,
bodies corporate and other artificial persons.
(2)
Number. Words used in the singular number include the plural, and
words used in the plural include the singular number.
(3)
"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.
A.
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]
B.
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.
C.
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.
A.
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.
B.
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:
A.
Any ordinance adopted subsequent to September 9, 2016.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
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.
G.
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.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval
of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision
plats.
K.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map.
M.
Any ordinance relating to or establishing a pension plan or pension
fund for municipal employees.
A.
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.
(1)
"Department of Public Works" and "Department of Parks" are changed
to "Department of Public Works, Parks and Engineering."
(2)
"Department of Parks, Recreation and Cultural Affairs" and "Department
of Parks and Recreation" are changed to "Department of Recreation."
(3)
"Department of Health" and "Health Department" are changed to "Department
of Health and Social Services."
B.
In addition, the changes, amendments or revisions as set forth in
Schedule A[1] 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.)
[1]
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.
