The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of the Town of Westfield,
New Jersey," and may be so cited. Such code may also be cited as the
"Westfield Town Code."
[G.O. No. 994, § 6]
In the construction of this Code and of all ordinances of the
Town, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the Town Council:
The words "administrative assistant" shall be construed to
mean the Town Administrator.
All references to administrative committees of the Council
shall be construed to mean the head of the department established
by this Code to which such reference is applicable.
"And" may read "or", and "or" may read "and" if the sense
requires it.
The words "chief engineer of the Fire Department" shall be
construed to mean Fire Chief.
Whenever in this Code any committee is mentioned by name
or title, such committee shall be understood to be the committee of
the Town Council designated by such name or title unless otherwise
indicated.
Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done shall be
counted in computing the time, but the day on which such proceeding
is to be had shall not be counted.
Whenever the words "Council" or "Town Council" are used,
they shall be construed to mean the Town Council of the Town of Westfield,
New Jersey.
A word importing the masculine gender only shall extend and
be applied to females and to firms, partnerships and corporations
as well as to males.
The word "month" shall mean a calendar month.
A word importing the singular number only may extend and
be applied to several persons and things as well as to one person
and thing.
The word "owner," applied to a building or land, shall include
any part owner, any corporation, joint owner, tenant in common, tenant
in partnership, joint tenant, or tenant by the entirety, of the whole
or of a part of such building or land.
The word "person" shall extend and be applied to associations,
firms, partnerships and bodies politic and corporate as well as to
individuals.
The words "preceding" and "following" mean next before and
next after, respectively.
The word "state" shall mean "the State of New Jersey."
Whenever the word "street" is mentioned in this Code it shall
be construed to include a highway, road, avenue, court, public lane
or alley; and it shall also be construed to include a sidewalk or
footpath, unless the contrary is expressed or unless such construction
would be inconsistent with the manifest intent of the Town Council.
Words used in the past or present tense include the future
as well as the past and present.
The word "Town" shall be construed as if the words "of Westfield,
New Jersey" followed it.
The words "Town Clerk", "Chief of Police" or such other named
Town officer shall be construed to mean the Town Clerk, Chief of Police
or such other Town officer or department respectively of the Town
of Westfield, New Jersey.
Shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section, and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or re-enacted.
Each section of this Code is hereby declared to be a separate
section, and the determination of any section or part thereof to be
void shall not affect the validity of any other section or part thereof.
[Amended 10-29-2019 by G.O. No. 2147]
(a)
Maximum penalty. Whenever in this Code or any other ordinance of
the Town any act is prohibited or is made or declared to be unlawful
or an offense or a misdemeanor, or whenever in such Code or any other
ordinance, rule or regulation promulgated pursuant thereto, the doing
of any act is required or the failure to do any act is declared to
be unlawful, where no specific penalty is provided therefor, the violation
of any such provision of this Code or any other ordinance, rule or
regulation promulgated pursuant thereto, shall be punished by one
or more of the following: a fine not exceeding $2,000, or by imprisonment
in the county jail for a period not exceeding 90 days, or to a period
of community service not exceeding 90 days at the discretion of the
Municipal Court judge. Each day any violation of this Code or of any
other ordinance shall continue shall constitute a separate offense.
Whenever any such fine is imposed upon any corporation, such
fine and costs and charges incident thereto may be collected in an
action of debt or in such other manner as may be provided by law.
(b)
Minimum penalty. The Town Council may prescribe that, for the violation
of any particular Code provision or 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. (N.J.S.A. 40:49-5)
[1]
For state law authorizing maximum fine and imprisonment, see N.J.S.A. § 40:49-5. As to Municipal Court, see §§ 2-43 to 2-49 of this Code. As to penalties for violation of bicycle regulations, see § 7-14. As to penalties for violation of regulations pertaining to comic books and obscene publications, see § 10-9. As to penalties for violation of traffic regulations generally, see § 13-8. As to penalty for violation of emergency snow regulations, see § 13-16. As to penalty for violation of parking meter regulations, see § 13-49.
[G.O. No. 914, §§ 1, 2; G.O. No. 1447, § I]
A fee of $100 is hereby fixed and established for each copy
of the Code of the Town of Westfield. The Town Clerk's office shall
issue a receipt for each fee received as hereinabove provided. All
money received shall be turned over to the Town Treasurer.
[G.O. No. 1000, §§ 1, 2; G.O. No. 1293, § 1;
G.O. No. 1530, § I; G.O. No. 1714, § I]
(a)
A fee of $35 is hereby fixed and established for each printed copy
of the Land Use Ordinance of the Town of Westfield dated October 1998.
(b)
A fee of $25 is hereby fixed and established for each copy of the
Land Use Ordinance of the Town of Westfield dated October, 1998 contained
on computer disc.
(c)
A fee of $40 is hereby fixed and established for the purchase of
both the printed copy and the computer disc copy of the Land Use Ordinance
dated October, 1998 when purchased together at the same time.
(d)
A fee of $20 is hereby fixed and established for the purchase of
yearly replacement page inserts to update both the printed and disc
versions which will include all the amendments adopted the prior year.
This fee will be changed each year for these updates.
[G.O. No. 1483, § I; Amended 2-15-2011 by G.O.
No. 1974[1]]
(a)
A fee of $50 is hereby fixed and established for each copy of the
Master Plan of the Town of Westfield, and a fee of $25 is hereby fixed
for each copy of the reexamination report of the Master Plan of the
Town of Westfield.
(b)
The Town
Clerk's office shall issue a receipt for each fee received as hereinabove
provided. All monies received shall be turned over to the Town Treasurer.
[1]
Editor's Note: This ordinance also repealed former § 1-9,
Fee for copy of master plan, G.O. No. 1566, § I.
