[Ord. No. 10-1973, § 1-1]
This book shall be known and may be cited as "The Revised General Ordinances of the Township of Weehawken, 1987," and is referred to herein as the "Revision" or "the Code".
[Ord. No. 10-1973, § 1-2; New]
As used in this Revision:
CLERK or TOWNSHIP CLERK
The municipal clerk duly appointed pursuant to law.
DEPARTMENT
An organizational 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 organizational unit by the Township Council.
LICENSED
Licensed in accordance with the appropriate section or chapter of this Revision.
MONTH
A calendar month unless otherwise specifically provided.
OATH
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".
OFFICER or OFFICIAL
The title of an officer or official shall be construed as if the words "of the Township of Weehawken" followed it.
ORDINANCE
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.
OWNER
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 such building or land.
PERSON
Any individual, 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, either under personal appointment or pursuant to law.
PERSONAL PROPERTY
Goods and chattels, rights and credits, monies and effects, evidences of debt, and all written instruments by which any right to, interest in, or lien or encumbrances upon, property or any debt or financial obligation as 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.
PRECEDING and FOLLOWING
Next before and next after, respectively.
PROPERTY
Real and personal property.
PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
Shall severally be construed to mean any and every public ground, public square, public park or other public place within the Township.
REAL PROPERTY
Includes lands, tenements and hereditaments, all rights thereto and interests therein.
RESOLUTION
Includes any act or regulation of the Township Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
SIDEWALK
Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
STREET
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.
TENANT or OCCUPANT
Applied to a building or land, shall include any person who occupies the whole or a part of such buildings or lands, either alone or with others.
TOWNSHIP
The Township of Weehawken in the County of Hudson and State of New Jersey.
TOWNSHIP COUNCIL or COUNCIL
The Township Council of the Township of Weehawken.
WEEK
Seven days.
YEAR
A calendar year unless otherwise specifically provided.
[1]
Editor's Note: Title One of the Revised Statues of New Jersey contains definitions and rules of construction for terms used in the New Jersey Statutes.
[Ord. No. 10-1973, § 1-3; New]
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, a legal holiday, or a day on which the offices of the Township are closed, 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.
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.
"Chapter" shall mean one of the major divisions of the Revision 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.
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 included in the citation.
[Ord. No. 10-1973, § 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.
[New; N.J.S.A. 40:49-5]
For violation of any provision of this Code, or any other ordinance of the Township of Weehawken unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding $1,000 and/or 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.
[New]
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.
[New]
The maximum penalty stated in the general penalty clause of this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
[New]
The Township 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.
[New]
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 Weehawken, 1987" required to be filed in the office of the Township 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 Code, shall, when finally adopted, be included therein by reference until such change or new ordinances are printed as supplements to the General Ordinances, at which time such supplements shall be inserted therein.