[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.