Title One of the Revised Statutes of New Jersey contains definitions and rules of construction for terms used in the New Jersey Statutes.
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:
CLERK OR BOROUGH CLERK
Shall mean the municipal clerk duly appointed pursuant to law.
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.
BOROUGH COUNCIL OR COUNCIL
Shall mean the mayor and councilmen of the borough.
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.