[New]
The book shall be known as "The Revised General Ordinances of
the Township of Mahwah, 1988", and may be cited as "The Code" or "The
Code of the Township of Mahwah".
[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 an individual, appointed by the Mayor to assist
a committee, commission or board of the Township in any of its functions.
An advisor shall have no voting rights. Advisor shall also mean associate
member.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the governing body of the Township, constituted
and elected pursuant to law.
Shall mean the County of Bergen.
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 Mayor and Township Council.
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.
See tenant.
And the title of an officer or official shall be construed
as if the words of the Township of Mahwah 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 of 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 goods and chattels, rights and credits, moneys
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 every
thing, except real property as herein defined, which may be the subject
of ownership.
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
Township.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
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 footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
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.
Shall mean the Township of Mahwah in the County of Bergen
and State of New Jersey.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
For the purpose 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 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.
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.
Shall mean one of the major divisions of this Code identified
by an Arabic number and divided by subject matter.
Shall mean a subdivision under a subsection, identified by
an alphabetical letter or Arabic number.
Shall mean a major subdivision of a Chapter.
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.
Shall mean a subdivision of a section, identified by a decimal
number.
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.
[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.
[New; 4-15-2021 by Ord. No. 1928]
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 $2,000 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 Municipal Court Judge.
(N.J.S.A. 40:49-5)
[New]
Except as otherwise provided, 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 this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
The governing body 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)
[New]
The provisions appearing in this Code, so far as they are the
same in substance as those of ordinances existing at the time of the
effective date of this Code, shall be considered continuations thereof
and not as new enactments.
[Ord. #558, A 1; 1976 Code § 1-5]
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the Township Council to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the "Code of
the Township of Mahwah" 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.
[Ord. #558, A 1; 1976 Code § 1-7]
It shall be the duty of the Township Clerk, or someone authorized
and directed by the Clerk, to keep up-to-date the certified copy of
the book containing the Code required to be filed in the office of
the Clerk for the use of the public. All changes in said 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, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
[Ord. #558, A1; 1976 Code § 1-8]
Copies of the Code book containing the Code may be purchased
from the Township Clerk upon the payment of a fee to be set by resolution
of the Township Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
[Ord. #558, A1; 1976 Code § 1-9]
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 such Code in any manner whatsoever which will cause the law of
the Township to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to a fine of not more than $500
or imprisonment for not more than 90 days, or both, in the discretion
of the Judge imposing the same.
