[1967 Code § 1-1; Ord. No. 07-03]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Bound Brook, 2006," and is herein referred
to as the "Revision" or "Code."
[1967 Code § 1-2; Ord. No. 07-03]
For the purpose of this Revision and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
The Administrator of the Borough of Bound Brook duly appointed
pursuant to law.
The Borough of Bound Brook in the County of Somerset and
State of New Jersey.
The Municipal Clerk duly appointed pursuant to law.
The duly elected Council members of the Borough of Bound
Brook.
The County of Somerset.
Calendar days.
An organizational unit of the Borough government established
or designated by ordinance or this Revision as a department, together
with any agency or instrumentality of the Borough government assigned
to such organizational unit by the Borough Council.
The Mayor and Borough Council of the Borough of Bound Brook.
Licensed in accordance with the appropriate section or chapter
of this Revision.
A calendar month unless otherwise specifically provided.
The Borough of Bound Brook in the County of Somerset, State
of New Jersey.
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 construed to be equivalent to the words "affirm"
and "affirmed."
Applied to a building or land, shall include any person who
occupies the whole or part of such 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 Bound Brook" 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 person, 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 thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
Next before and next after respectively.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Borough.
An action expressing the sense or will of the Municipal Council
on a matter of special or temporary interest. It shall be written
and may be adopted at the meeting at which it is introduced, without
publication or public hearing.
That portion of a street between the curb line and the adjacent
property line which has been paved with concrete or other approved
material and is intended for the use of pedestrians.
The State of New Jersey.
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.
[1]
Editor's Note: Title 1 of the New Jersey Statutes contains
definitions and rules of construction for terms used in the New Jersey
Statutes.
[1967 Code § 1-3; Ord. No. 07-03]
For the purpose of this Revision 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 includes printing, typewriting
and any other modes of communication using paper or similar material
which is in general use, as well as legible handwriting.
And may be construed as meaning or, and or
as and, if the sense requires and indicates such meaning.
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.
Chapter shall mean one of the major divisions
of this Revision, identified by an Arabic number, 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 following the section number.
Paragraph shall mean a subdivision under a
subsection, identified by an alphabetical letter and/or Arabic number.
[1967 Code § 1-4]
If any chapter, section, subsection or paragraph of this Revision
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 Revision.
[1]
Editor's Note: Penalty provisions are in accordance with
N.J.S.A. 40:49-5.
[Ord. No. 07-03]
a.
For violation of any provision of this Code or other ordinance of
the Borough of Bound Brook, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be by one or more of the following:
imprisonment in the County Jail or in any place provided by the Borough
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
b.
Unlawful solid waste disposal. The Governing Body may prescribe that
for the violation of an ordinance or Code provision pertaining to
unlawful solid waste disposal at least a minimum penalty shall be
imposed which shall consist of a fine which may be fixed at an amount
not exceeding $2,500 or a maximum penalty by a fine not exceeding
$10,000.
[Ord. No. 07-03]
The Borough of Bound Brook may prescribe that for the violation
of any particular provision of this Code or of any particular ordinance
at least a minimum penalty shall be imposed which shall consist of
a fine which may be fixed at an amount not exceeding $100.
[Ord. No. 07-03]
The Court before which any person is convicted of violating
any ordinance or Code provision shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum fixed in the Code or in
such ordinance.
[Ord. No. 07-03]
Any person who is convicted of violating this Code or any ordinance
within one year of the date of a previous violation of the same provision
of this Code or of the same ordinance and who was fined for the previous
violation, shall be sentenced by a 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 the ordinance or
Code provision, but shall be calculated separately from the fine imposed
for the violation of the ordinance or Code provision.
Any municipality that chooses not to impose and additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision may waive the additional fine by ordinance or resolution.
[Ord. No. 07-03]
Any person convicted of the violation of any provision of this
Code or any ordinance may, in the discretion of the court by which
he was convicted, and in default of the payment of any fine imposed
therefore, 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.
[Ord. No. 07-03]
Any municipality that chooses to impose a fine in an amount
greater than $1,250 upon an owner for violations of housing or zoning
codes 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. 07-03]
If provided by specific ordinance, each and every day in which
a violation of any provision of this Code or any other ordinance of
the Borough of Bound Brook exists shall constitute a separate violation.
[Ord. No. 07-03]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[Ord. No. 07-03]
It shall be the duty of the Municipal Clerk or someone authorized
and directed by the Municipal Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Borough of Bound Brook, 2006" required to be filed in the office of
the Clerk for the use of the public. All changes in the Revision and
all ordinances adopted by the Borough Council subsequent to the adoption
of the Revision, which the Borough Council shall adopt specifically
as a part of this Revision, shall, when finally adopted, be included
therein by reference until such changes or new ordinances are printed
as supplements to the Revised General Ordinances, at which time such
supplements shall be inserted therein.
[Ord. No. 07-03]
Copies of the Code book containing the "Revised General Ordinances
of the Borough of Bound Brook, 2006" may be purchased from the Municipal
Clerk upon the payment of a fee to be set by resolution of the Municipal
Council, who may also arrange, by resolution, for procedures for the
periodic supplementation thereof.
[Ord. No. 07-03]
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 Borough of Bound Brook to be misrepresented thereby.
