This book shall be known and may be cited as The Revised General
Ordinances of the Borough of Flemington, 1976, and is herein referred
to as the revision.
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:
DEPARTMENT
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.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this revision, so long as it has been adopted
by the procedure required for the adoption of an ordinance and so
long as it remains in force and effect pursuant to law.
PERSON
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 of personal representatives of any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
BOROUGH
Shall mean the Borough of Flemington in the County of Hunterdon
and State of New Jersey.
STREET
Shall include 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.
MONTH
Shall mean a calendar month unless otherwise specifically
provided.
YEAR
Shall mean a calendar year unless otherwise specifically
provided.
LICENSED
Shall mean licensed in accordance with the appropriate section
or chapter of this revision.
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 borough are closed, that day shall be excluded.
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.
"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.
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.
"Chapter" shall mean one of the major divisions of the revision
identified by an Arabic numeral and divided by subject matter.
"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.
If any chapter, section, subsection or paragraph of this revision
is 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.
[Added 10-24-2022 by Ord. No. 2022-21]
a. Whenever
no specific penalty is provided in the Code of the Borough of Flemington
or in any other ordinance of the Borough for the punishment of an
act which is prohibited or which is declared to be unlawful or an
offense or for the nonperformance of an act which is required to be
done, the violation of any such provision shall be punished by a fine
not exceeding $1,250, by a period of community service not to exceed
90 days, or by imprisonment for a term not exceeding 90 days; provided,
however, that when the maximum penalty fixed by an applicable state
statute is less, by force of said statute or by judicial construction,
than any penalty fixed in the Code, then the limitation of such state
statute shall be applicable.
b. A
separate offense shall be deemed committed on each day during or on
which a violation of the Code or of any other ordinance of the Borough,
punishable by fine or imprisonment, or both, occurs or continues.
c. The
imposition of a fine or imprisonment as punishment for a violation
of the Code or of any other ordinances of the Borough shall not be
deemed to be in lieu of any other provision therein providing for
revocation or suspension of any license or permit issued thereunder.
d. The
provisions of this section shall be applicable to the violation of
any ordinance adopted as an amendment of or addition to the Code of
the Borough of Flemington and in which no other penalty provision
is included.