[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Island Heights, 1991" and is herein referred
to as the "Revision" or "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 Borough of Island Heights in the County of
Ocean and State of New Jersey.
shall mean the Municipal Clerk duly appointed pursuant to
law.
shall mean the Council of the Borough of Island Heights elected
pursuant to the Charter.
shall mean the County of Ocean.
shall mean 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 Borough 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.
shall be construed as if the words of the Borough of Island
Heights 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 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 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, high-way, 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 seven (7) 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.
"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 hand-writing.
"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.
[1975 Code §§ 1-10, 1-11; 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.
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:69A-29.
[New]
For violation of any provision of this Code or other ordinance
of the Borough of Island Heights[1], 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 one thousand ($1,000.00) dollars;
or by a period of community service not exceeding ninety (90) days.
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:69A-29.
[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 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.
If the Town Council chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance,
the Council may waive the additional fine by ordinance or resolution.
[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 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]
Except as otherwise provided, 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.
[1978 Code § 1-7; 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 Code of the Borough of Island Heights, 1991"
required to be filed in the office of the Borough Clerk for the use
of the public. All changes in the Code and all ordinances adopted
by the Borough Council subsequent to the adoption of the Code, which
the Borough 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 Code,
at which time such supplements shall be inserted therein.
[1975 Code § 1-8]
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Mayor and Council, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
[1975 Code § 1-9]
It shall be unlawful for anyone 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 Borough to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalty stated in Section 1-5.
