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.
[New]
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".
[New]
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.
Shall mean the governing body of the Borough, constituted
and elected pursuant to law.
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".
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.
Shall mean next before and next after, respectively.
Shall mean real and personal property.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Borough.
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.
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.
[New]
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.
[New]
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.
[1]
Editor's Note: Penalty provision in compliance with N.J.S.A.
40:49.5.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
