Editor's Note: R.S. 40:49-1 "Ordinance" and "resolution" defined. The term "ordinance" when used in this chapter means and includes any act or regulation of the governing body of any municipality required to be reduced to writing and passed at more than one meeting thereof and published. The term "resolution" when used in this chapter means and includes any act or regulation of the governing body of any municipality required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
This book shall be known and may be cited as "The Revised General Ordinances of the Borough of Midland Park (1990)," and is herein referred to 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:
- Shall mean the Borough of Midland Park in the County of Bergen and State of New Jersey.
- BOROUGH COUNCIL or COUNCIL
- Shall mean the governing body of the Borough, constituted and elected pursuant to law.
- CLERK or BOROUGH CLERK
- Shall mean the municipal clerk duly appointed pursuant to law.
- Shall mean an organizational unit of the Borough government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
- Shall mean licensed in accordance with the appropriate section or chapter of this Code.
- 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 equivalent to the words "affirm" and "affirmed".
- OFFICER or OFFICIAL (and the title of an officer or official)
- Shall be construed as if the words "of the Borough of Midland Park" followed it.
- Shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, 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 part owner, 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 any individual, natural person, 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.
- 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 Borough.
- REAL PROPERTY
- Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
- Shall mean and include any act or regulation of the Borough 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.
- 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.
- TENANT or OCCUPANT
- Applied to a building or land, shall include any person who occupies the whole or a part of such buildings or lands, either 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 be a Sunday, or a legal holiday, 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 (1) 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.
For violation of any provision of this Code or other ordinance of the Borough of Midland Park, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one (1) 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 ninety (90) days; or by a fine not exceeding one thousand two hundred fifty ($1,250.00) dollars; or by a period of community service not exceeding ninety (90) days at the discretion of the Municipal Court Judge.
The Borough 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 Borough Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the 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 Borough, 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 Borough 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 or violation.
It shall be the duty of the Borough Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing "The Revised General Ordinances of the Borough of Midland Park, 1990" required to be filed in the office of the Borough Clerk for the use of the public. All changes in the Code and all ordinances adopted by the Borough Council subsequent to the adoption of the Code, which the Borough Council shall adopt specifically as a part of the Code, shall, when finally adopted, be included therein by reference until such change or new ordinances are printed as supplements to the Code, at which time such supplements shall be inserted therein.