[1973 Code § 1-1; New; Resolution
No. 2005-1]
This book shall be known and may be cited as the "Revised General
Ordinances of the Borough of Lake Como, 2002," and is herein referred
to as the "Revision" or the "Code."
[1]
Editor's Note: Effective January 4, 2005, the name of the
Borough of South Belmar is changed to the Borough of Lake Como.
[1973 Code § 1-2; New]
For the purpose of this Revision and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the definitions contained
in this section shall apply:
shall mean the Borough of Lake Como in the County of Monmouth,
State of New Jersey.
shall mean the elected Council of the Borough of Lake Como.
shall mean the Municipal Clerk duly appointed pursuant to
law.
shall mean an organizational unit of the Borough government
established or designated by Ordinance or this Revision as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
shall mean the Mayor and Council of the Borough of Lake Como.
shall mean licensed in accordance with the appropriate section
or chapter of this Revision.
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.
shall be construed as if the words "of the Borough of Lake
Como" followed it.
shall mean 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.
shall mean 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 a building or land.
shall mean any corporation, firm, partnership, association,
organization or other entity, as well as an individual.
shall mean next before and next after, respectively.
shall severally be construed to mean any and every public
ground, public square, public parks, other public place or bodies
of water within the Borough.
shall mean and include any act or regulation of the Borough
Council required to be reduced to writing, but which may be finally
passed at the meeting at which it is introduced.
shall mean that portion of a street between the curbline
and the adjacent property line which has been paved with concrete
or other approved material and is intended for the use of pedestrians.
shall include a street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert, and crosswalk, and every
class of road, square, place or municipal parking field used by the
general public.
shall mean seven (7) consecutive days.
shall mean a calendar year unless otherwise specifically
provided.
[1973 Code § 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 feminine gender includes the masculine 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 or a legal holiday, that day shall be excluded.
"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.
"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 Revision, 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
Revision shall be deemed to refer to such Statute, law or ordinance
as amended, whether or not such designation is included in this citation.
[1973 Code § 1-3]
shall mean one of the major divisions of the Revision, identified
by a Roman numeral, and divided by subject matter.
shall mean a major subdivision of a chapter.
shall mean a subdivision of a section, identified by a decimal
number.
shall mean a subdivision under a subsection, identified by
an alphabetical letter and/or Arabic number.
[1]
Editor's Note: Penalty provisions taken from N.J.S.A. 40:49.5.
[Ord. No. 2001-690; [N.J.S.A.
40:49.5]; Ord. No. 2002-710; Ord. No. 2006-766]
For violation of any provision of this Code or other ordinance
of the Borough of Lake Como, 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 municipality 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 or any combination thereof.
If a violation before the court is a result of a violation 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 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 of two thousand ($2,000.00) dollars or any portion
thereof 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.
[New]
The Borough 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 one hundred ($100.00)
dollars. 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.
[New]
Any person who is convicted of violating this Code or an 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 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 Borough Council or Municipal Court chooses not to impose
an additional fine upon a person for a repeated violation of any municipal
ordinance, in its discretion, the Council or Court does not have to
impose the additional fine.
[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/she 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 Borough, for any term not exceeding ninety (90) days, or be
required to perform community service for a period not exceeding ninety
(90) days.
[New]
When 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 exists shall constitute a separate violation.
[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.
[1973 Code § 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]
It shall be the duty of the Borough Clerk or someone authorized
and directed by the Borough Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Borough of Lake Como, 2002" 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 Borough Council subsequent to the adoption
of the Revision, which the Borough 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.
