The book shall be known and may be cited as the "Revised General Ordinances of the City of Summit, 2002" and may be cited as the "Code" or "Revision".
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 Charter of the City of Summit adopted by a Charter Election held on April 11, 1899, as amended on December 15, 1987 by Chapter 314, Public Law of 1987, (N.J.S.A. 40A:61-1 et seq.).
- Shall mean the City of Summit in the County of Union, State of New Jersey.
- CITY OFFICER
- Shall mean any person elected to, appointed to or employed in any position defined by this Code.
- CLERK or CITY CLERK
- Shall mean the municipal clerk duly appointed pursuant to law.
- COMMON COUNCIL
- Shall mean the elected council of the City of Summit.
- Shall mean the County of Union.
- Shall mean calendar days.
- Shall mean an organization unit or group of organization units of the administrative branch of the City Government.
- GOVERNING BODY
- Shall mean the Mayor and Common Council of the City of Summit.
- Shall mean licensed in accordance with the appropriate section or chapter of this Code.
- Shall mean to file, codify, index or preserve.
- 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.
- OCCUPANT, AS APPLIED TO BUILDINGS OR LAND
- Shall include any person who occupies the whole or part of such building or land, whether alone or with others.
- OFFICER or OFFICIAL (and the title of an officer or official)
- Shall be construed as if the words of the City of Summit 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 an 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.
- PRECEDING and FOLLOWING
- Shall mean next before and next after, respectively.
- Shall mean real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the City.
- REAL PROPERTY
- Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
- Shall mean and include any act or regulation of the Mayor and Common Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
- Shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- SIGNATURE and SUBSCRIPTION
- Shall mean and include a mark when the person cannot write.
- Shall include an 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. 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.
- As applied to a building or land, shall include any person who is the lessee of 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.
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 is a Sunday, a legal holiday, or a day on which the offices of the City 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 handwriting.
"Chapter" shall mean one of the major divisions of this Code identified by an Arabic number 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 and/or Arabic number.
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.
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.
Any person who shall violate any provision of this Code or other ordinance of the City, where no specific penalty is provided regarding the section violated, shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a period not exceeding ninety (90) days or to a period of community service not exceeding ninety (90) days at the discretion of the Judge of the Municipal Court
The Common 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.
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 Common Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the Common Council may waive the additional fine by ordinance or resolution.
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 City for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.
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.
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 of violation.
[Ord. 8-6-01; Ord. No. 2141 § 1; Ord. No. 2146 § 1]
The corporate or common seal of the City of Summit shall be circular in form and in accordance with the design hereto annexed, which may be described as follows:
At the outer edge of a circle not less than one inch and three quarters in diameter are the words "City of Summit, Union County, New Jersey" and within an inner circle of not less than one inch and one quarter in diameter are the words and figures "Established 1869 • Incorporated 1899" and centered within the inner circle shall be the Beacon Flame.
[Ord. 8-6-01; Ord. No. 2141 § 1; Ord. No. 2146 § 1]
The Mayor shall have the custody of the corporate or common seal of the City.