This book shall be known and may be cited as the "Revised General
Ordinances of the Township of Rockaway (1995)" and is herein referred
to as the "Revision" or the "Code."
For the purpose of this Revision, and in the interpretation
and application of all other ordinances heretofore or hereafter adopted,
excepted as the context may otherwise require:
As appointed in the manner prescribed by the Charter.
The provisions of the Optional Municipal Charter Law, P.L.
1950, Chapter 210, as amended. (N.J.S.A. 40:69A-1 et seq.)
The Municipal Clerk duly appointed pursuant to the Charter.
The governing body of the Township comprised of nine Councilmembers
in accordance with the provisions of the Optional Municipal Charter
Law.
The County of Morris.
An organization unit of the Township government established
or designated by ordinance or this Revision as a Department, together
with any agency or instrumentality of the Township government assigned
to such organization unit by the Council.
The head of a department established by the Administrative
Code and designated as such on the organizational chart of the Township.
Any law or provision of law, not inconsistent with the Optional
Municipal Charter Law heretofore or hereafter enacted which is by
its terms applicable or available to all municipalities, and the following
additional laws whether or not such additional laws are applicable
or available to all municipalities; legislation relating to taxation,
local courts, education, health, public authorities, serving more
than one municipality, and municipalities in unsound financial condition.
The Council of the Township of Rockaway consisting of nine
elected Council-members.
Licensed in accordance with the appropriate section or chapter
of this Revision.
A calendar month unless otherwise specifically provided.
The Township of Rockaway in the County of Morris.
Includes affirmation; and swear and sworn include affirm
and affirmed.
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 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 thereof in
any capacity, acting either for himself or for any other person, under
either personal appointment or pursuant to law.
Severally, 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.
The Revised General Ordinances of the Township of Rockaway,
New Jersey, 1995.
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.
The Township of Rockaway in the County of Morris and State
of New Jersey.
Seven days.
A calendar year unless otherwise specifically provided.
A.
For
the purpose of this Revision and any other ordinances heretofore or
hereafter adopted, except as the context may otherwise require, 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 or accepted meaning.
B.
The
present tense includes the past and future tenses and the future,
the present.
C.
The
masculine gender includes the feminine and neuter.
D.
The
singular number includes the plural and the plural, the singular.
E.
Shall
is mandatory and may is permissive.
F.
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, or a day on which the offices of the Township
are closed, that day shall be excluded.
G.
And
may be construed as meaning or, and or as and, if the sense requires
it.
H.
Officer
or official and the title of an officer or official or of an official
body, shall be construed as if the words "of the Township of Rockaway"
followed it.
I.
Writing
and written includes printing, typewriting, and any other mode of
communication using paper or similar material which is in general
use, as well as legible handwriting.
J.
Whenever
a specific time is used in this Revision, it shall mean the prevailing
and established time in effect in the State of New Jersey during any
day in any year.
K.
Any
citation of a statute, law or ordinance contained in this Revision
shall be deemed to refer to such statute, law or ordinance as amended,
whether or not such designation is including in the citation.
L.
Chapter
shall mean a major division of the Revision, identified by a Roman
numeral, and divided by subject matter.
M.
Section
shall mean a major subdivision of a chapter.
N.
Subsection
shall mean a subdivision of a section, identified by a decimal number.
O.
Paragraph
shall mean a subdivision under a subsection, identified by an alphabetical
letter or Arabic number.
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.
Any person who shall violate any provision of this Code or other
ordinance of the Township, where no specific penalty is provided regarding
the section violated, shall, upon conviction thereof, be punishable
by one or more of the following: a fine not exceeding $1,250 or imprisonment
for a period not exceeding 90 days or to a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court. (N.J.S.A. 40:49-5)
The Township Council may prescribe that for the violation of
any particular provision of the 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. The Court
before which any person is convicted of violating any ordinance or
Code provision shall have power to impose any fine, term of punishment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in the Code or such ordinance.
Any person who is convicted of violating this Code or an 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.
If the Township Council chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
the Township Council may waive the additional fine by ordinance or
resolution.
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
therefor, be imprisoned in the County jail or place of detention provided
by the Township for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the Township exists shall constitute a separate violation.
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 of violation.
It shall be the duty of the Township Clerk or someone authorized
and directed by the Township Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Township of Rockaway, 1995" 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 Township Council subsequent to the adoption
of the Revision, which the Township Council shall adopt specifically
as a part of the Revision shall, when finally adopted, be included
herein by reference until such change or new ordinances are printed
as supplements to the Revised General Ordinances, at which time such
supplements shall be inserted therein.
