[Ord. No. 380-95 § 1-1]
This book shall be known and may be cited as "The Revised General
Ordinances of the City of Wildwood, 1968" and is herein referred to
as the "revision".
[Ord. No. 380-95 § 1-2]
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:
Shall mean the mayor and commissioners of the City of Wildwood.
Shall mean the City of Wildwood in the County of Cape May
and State of New Jersey.
Shall mean the municipal clerk duly appointed pursuant to
law.
Shall mean the mayor and commissioners of the City of Wildwood.
Shall mean the County of Cape May.
Shall mean the calendar days.
Shall mean an organizational unit of the city government
established or designated by ordinance or this revision as a department,
together with any agency or instrumentality of the city government
assigned to such organizational unit by the board of commissioners.
Shall mean the mayor and commissioners of the City of Wildwood.
Shall mean licensed in accordance with the appropriate section
or chapter of this revision.
Shall mean the commissioner chosen in accordance with N.J.S.
40:72-10.
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.
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 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.
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 severally be construed to mean any and every public
ground, public square, public park or other public place within the
city.
Shall include lands, tenements and hereditaments, all rights
thereto and interest therein.
Shall mean an action expressing the sense or will of the
board of commissioners on a matter of special or temporary interest
which shall be written and may be adopted at the meeting at which
it is introduced without prior publication or hearing.
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 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.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. No. 380-95 § 1-3]
For the purpose of this revision and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
a.
The
present tense includes the past and future tenses and the future,
the present.
b.
The
masculine gender includes the feminine and neuter.
c.
The singular
number includes the plural and the plural, the singular.
d.
"Shall"
is mandatory and "may" is permissive.
e.
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.
f.
"Writing"
and "written" shall include printing, type-writing and any other mode
of communication using paper or similar material which is in general
use, as well as legible handwriting.
g.
"Chapter"
shall mean one of the major divisions of the revision identified by
an Arabic number and divided by subject matter.
h.
"Section"
shall mean a major subdivision of a chapter.
i.
"Subsection"
shall mean a subdivision of a section, identified by a decimal number.
j.
"Paragraph"
shall mean a subdivision under a subsection, identified by an alphabetical
letter and/or Arabic number.
[Ord. No. 380-95 § 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.
[Ord. No. 380-95 § 1-5]
a.
Inconsistent
Ordinances. All ordinances or parts of ordinances inconsistent with
this chapter shall be and the same are hereby repealed to the extent
of the inconsistency.
b.
Effective
Date of Chapter. This chapter shall take effect upon passage and publication
as prescribed by law.
c.
Statute
to Control. In the event that this chapter conflicts with any statute
of this state, then the statute shall control.
[Ord. No. 380-95 § 1-6.1; Ord. No. 604-04 § 1-6.1]
For violation of any provision of this code or other ordinance
of the City of Wildwood, 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 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 90 days;
or by a fine not exceeding one thousand ($1,000.00) dollars; or by
a period of community service not exceeding 90 days at the discretion
of the judge of the municipal court.
[Ord. No. 380-95 § 1-6.2; Ord. No. 604-04 § 1-6.2]
The board of commissioners 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.
[Ord. No. 380-95 § 1-6.3; Ord. No. 604-04 § 1-6.3]
Any person who is convicted of violating this code or an ordinance
within one 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 the 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 board of commissioners chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
the board of commissioners may waive the additional fine by ordinance
or resolution.
[Ord. No. 380-95 § 1-6.4; Ord. No. 604-04 § 1-6.4]
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 city, for any term not exceeding 90 days, or be required to
perform community service for a period not exceeding 90 days.
[Ord. No. 380-95 § 1-6.5; Ord. No. 604-04 § 1-6.5]
Except as otherwise provided, each and every day in which a
violation of any provision of this code or any other ordinance of
the city exists shall constitute a separate violation.
[Ord. No. 380-95 § 1-6.6; Ord. No. 604-04 § 1-6.6]
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.
[Ord. No. 847-11 § 2]
Notwithstanding any other provision of the Revised General Ordinances of the City of Wildwood, and for good cause shown, in the event of any finding of guilt relating to a license which has been issued by any City Officer or Department, including any license issued under Chapters 3, 4, 6, 7, 8, 9 and 11, where the offense is within the jurisdiction of the Municipal Court of the City of Wildwood in addition to any other penalty or fine authorized the municipal judge shall have the power to suspend or revoke the said license. This section shall specifically not apply to ABC, Zoning, Water, Sewer, Construction or other permits or licenses which do not come within the jurisdiction of the Municipal Court of the City of Wildwood.
[Ord. No. 847-11 § 2]
Notices of violations sent to any property or for any offenses
enforced in the Municipal Court of the City of Wildwood which are
of a continuing nature, unless otherwise required by law, need only
be sent once every 30 days, however, each additional day shall constitute
a separate offense and may be prosecuted upon issuance of appropriate
summons or compliant for each subsequent day of violation as a separate
offense, unless otherwise prohibited by statute or law.
