[New]
This book shall be known and may be cited as "The Revised General Ordinances of the Township of Millburn (1994)," and is herein referred to as the "Revision" or the "Code."
[Editor's Note: N.J.S.A. 40:49-1. "Ordinance" and "Resolution" defined. The term "Ordinance" when used in this Code means and includes any act or regulation of the governing body of any municipality required to be reduced to writing and read at more than one (1) meeting thereof and published. The term "Resolution" when used in this Code 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.]
[1967 Code § 1-1-2; New; Ord. No. 2330-09 § 1]
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 municipal clerk duly appointed pursuant to law.
Shall mean "The Revised General Ordinances of the Township of Millburn, New Jersey."
Shall mean the Business Administrator of the Township of Millburn or such officer, agent or employee thereof to whom he/she shall delegate his/her duties and powers under this Code upon notice to the Township Committee.
Shall mean the County of Essex.
Shall mean the calendar days.
Shall mean an organizational unit of the municipal government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the Township government assigned to such organizational unit by the Township Committee.
Shall mean licensed in accordance with the appropriate section or chapter of this Code.
Shall mean a calendar month unless otherwise specifically provided.
Shall mean the Township of Millburn in the County of Essex.
Shall mean and 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.
As applied to a building or land shall mean and include any person who occupies the whole or a part of such buildings or land, either alone or with others.
Shall be construed as if the words of the Township of Millburn followed it.
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.
When applied to a building or land shall mean and 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 any corporation, firm, partnership, association, organization or other entity, bodies politic and corporate, as well as to individuals.
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 Township.
Shall mean and include lands, tenements and hereditaments, all rights thereto and interests therein.
Shall mean "The Revised General Ordinances of the Township of Millburn."
Shall mean any impervious path between the curb line and the adjacent property line, intended for the use of pedestrians.
Shall mean the State of New Jersey.
Shall mean and include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, court, culvert, sidewalk and crosswalk and every class of road, square, place or municipal parking field used by the general public, and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Township Committee.
Shall mean the Township of Millburn in the County of Essex, State of New Jersey.
Shall be construed to mean the Township Clerk, Chief of Police or such other Township Officer or Department respectively of the Township of Millburn in the County of Essex, State of New Jersey.
Shall mean the Township Committee of the Township of Millburn, County of Essex, New Jersey.
Shall mean a calendar year otherwise specifically provided.
[1967 Code §§ 1-1-2, 1-1-3; 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 and can be applied to firms, partnerships and corporations as well as to males.
The singular number includes the plural, and the plural, the singular.
Shall is mandatory and may is permissive.
Computation of Time. Whenever a notice is required to be given or an act to be done, the time 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 includes 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 the 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.
The letters "N.J.S.A." shall refer to the "New Jersey Statutes Annotated," and any supplements and amendments thereto.
Catchlines of Sections. The catchlines of the sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
The source history of each section or subsection is provided as follows: the first listing refers to the location of the Code provision in the prior Code (the Code that was adopted in 1967) and the listings subsequent thereto refer to ordinance numbers and sections which were adopted after 1967.
[1967 Code § 1-1-4; 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.
[1967 Code § 1-1-11; Ord. No. 3-79; Ord. No. 5-84; Ord. No. 2234-04 § 1; Ord. No. 2269-06 § 1]
For the violation of any provision of this Code, or any other ordinance of the Township of Millburn unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding two thousand dollars ($2,000.00); imprisonment in the County Jail 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 Municipal Court Judge. (N.J.S.A. 40:49-5)[1]
Prior to imposing a fine in an amount greater than one thousand two hundred fifty dollars ($1,250.00) upon an owner for violations of the Housing or Zoning Code provisions of these Revised General Ordinances the owner shall be allowed a thirty (30) day period to cure or abate the condition and shall also be afforded an opportunity for a hearing before a Court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty (30) day period a fine greater than one thousand two hundred fifty dollars ($1,250.00) may be imposed if a Court has not determined otherwise or, upon reinspection of the property it is determined that the abatement has not been substantially completed.
Whenever any provision of the New Jersey Statutes Annotated limits the authority of the Township to punish the violation of any particular provision of this Code or other Township ordinance, rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter term than that provided in this section, then the violation of such particular provision of this Code or other Township ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
Whenever any fine is imposed upon any corporation, such fine and any costs and charges incident thereto may be collected in an action of debt or such other manner as may be provided by law.
[1]
Editor's Note: For State law as to maximum fine and imprisonment for violation of municipal ordinances, see N.J.S.A. 40:49-5.
[1967 Code § 1-1-11]
Except as otherwise provided, every day on which a violation of any provision of this Code or of any other ordinance of the Township exists shall constitute a separate violation.
[New]
The maximum penalty stated in the general penalty clause of this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
[New]
The Township Committee may prescribe that, for the violation of any particular Code provision or 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 dollars ($100.00).
[1967 Code § 1-1-12]
All fines imposed and collected for violations of the provisions of this Code shall be paid to the Township Treasurer, as required by law.
[1967 Code § 1-1-6]
The common seal of the Township, the impress of which has been affixed hereto, shall be the official seal of the Township.
[1967 Code § 1-1-7]
The Township Clerk or other person legally performing the duties of the office of the Clerk of the Township shall have custody of the Township Seal and affix the same as directed by law, ordinance or resolution.
[1967 Code § 1-1-5]
The provisions appearing in this Code, so far as they are the same as those of "The Code of the Township of Millburn, New Jersey, 1967," and ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.