[New]
This book shall be known and may be cited as "The Code of the
Borough of Allenhurst, 2012" and is herein referred to as the "Code."
[New]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following definitions
shall be used in the Code.
shall mean the Commissioners of the Borough.
shall mean the Borough of Allenhurst in the County of Monmouth
and State of New Jersey.
shall mean the Municipal Clerk duly appointed pursuant to
law.
shall mean the County of Monmouth.
shall mean the calendar days.
shall mean an organizational unit of the government established
or designated by ordinance or otherwise, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Board of Commissioners.
shall mean licensed in accordance with the appropriate section
or chapter of this Code.
shall mean a calendar month unless otherwise specifically
provided.
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.
and the title of an officer or official shall be construed
as if the words of the Borough of Allenhurst followed it.
shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, so long as it is adopted by the
procedure required for the adoption of an ordinance and so long as
it remains in force and effect pursuant to law.
when 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.
shall mean 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 or personal representatives of any kind
thereof in any capacity, acting either for himself or for any other
person, under either personal appointment or pursuant to law.
shall mean next before and next after, respectively.
shall mean real and personal property.
shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Borough.
shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
shall include an 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. Street shall be considered to include a sidewalk or foot-path,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
shall mean seven (7) days.
shall mean a calendar year unless otherwise specifically
provided.
[New]
For the purposes of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and the 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 Borough 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.
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 the Code 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 or Arabic number.
[New]
If any chapter, section, subsection or paragraph of this Code
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 Code.
[N.J.S.A. 40:49-5; New]
a.
For violation of any provision of this Code or other ordinance of
the Borough of Allenhurst, 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 (1) or more of the
following: imprisonment in the County Jail or in any place provided
by the Borough of Allenhurst for the detention of prisoners, for any
term not exceeding ninety (90) days; or by a fine not exceeding two
thousand ($2,000.00) dollars; or by a period of community service
not exceeding ninety (90) days.
b.
Unlawful Solid Waste Disposal. The Board of Commissioners 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 two thousand five hundred ($2,500.00) dollars
or a maximum penalty by a fine not exceeding ten thousand ($10,000.00)
dollars.
[N.J.S.A. 40:49-5; New]
The Borough of Allenhurst 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 one hundred ($100.00)
dollars.
[N.J.S.A. 40:49-5; New]
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.
[N.J.S.A. 40:49-5; New]
Any person who is convicted of violating this Code or any ordinance
within one (1) 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 an 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.
[N.J.S.A. 40:49-5; New]
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 municipality, for any term not exceeding ninety (90) days,
or be required to perform community service for a period not exceeding
ninety (90) days.
[N.J.S.A. 40:49-5; New]
If the municipality chooses to impose a fine in an amount greater
than one thousand two hundred fifty ($1,250.00) dollars upon an owner
for violations of housing or zoning codes the municipality shall provide
a 30-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 30-day period, a fine greater than one thousand two hundred
fifty ($1,250.00) dollars 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.
[N.J.S.A. 40:49-5; New]
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 Allenhurst exists shall constitute a separate violation.
[N.J.S.A. 40:49-5; New]
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.
[New]
Any and all additions, amendments or supplements to the Code,
when passed and adopted to such form as to indicate the intent of
the Board of Commissioners to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Allenhurst
Borough Code, 2012" 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
the Code, as amendments and supplements thereto.
[New]
It shall be the duty of the Borough Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the "Revised Allenhurst Borough Code, 2012" required
to be filed in the office of the Clerk for the use of the public.
All changes in the Code and all ordinances adopted subsequent to the
effective date of this codification, which shall be adopted specifically
as part of the Code, when finally adopted, shall be included therein
by reference until such changes or new ordinances are printed as supplements
to the Code book, at which time such supplements shall be inserted
therein.
[New]
Copies of the book containing the Code may be purchased from
the Municipal Clerk upon the payment of a fee to be set by resolution
of the Board of Commissioners, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
[New]
It shall be unlawful to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with this Code in any manner whatsoever which will cause the laws of the Board of Commissioners to be misrepresented thereby. Any person who shall alter or tamper with any Code provision shall be liable, upon conviction, for the penalty stated in Chapter I, Section 1-5.
