Editor's Note: Title One of the Revised Statutes of New Jersey contains definitions and rules of construction for terms used in the New Jersey Statutes.
[1972 Code, § 1-1; Ord. No. 32-89]
This book shall be known and may be cited as "The Revised General Ordinances of the Borough of Keyport (1988)", and is herein referred to as the "Revision" or "Code".
[1972 Code, § 1-2; Ord. No. 32-89]
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:
- The Borough of Keyport in the County of Monmouth and State of New Jersey.
- BOROUGH COUNCIL or COUNCIL
- The governing body of the Borough, constituted and elected pursuant to law.
- CLERK or BOROUGH CLERK
- The municipal clerk duly appointed pursuant to law.
- The County of Monmouth.
- An organizational unit of the Borough government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
- Licensed in accordance with the appropriate section or Chapter of this Revision.
- The chief executive officer of the Borough.
- A calendar month unless otherwise specifically provided.
- 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 Keyport" followed it.
- Any act of local legislation heretofore or hereafter adopted, and including this Revision, so long as it shall have been 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.
- 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.
- Any 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 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
- Next before and next after, respectively.
- 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
- Includes lands, tenements and hereditaments, all rights thereto and interests therein.
- Includes 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.
- Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- The State of New Jersey.
- Includes 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 land, either alone or with others.
- Seven days.
- A calendar year unless otherwise specifically provided.
[1972 Code, § 1-3; Ord. No. 32-89]
For the purpose of this Revision 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, or a day on which the offices of the Borough are closed, 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 Revision, identified by a Roman numeral, 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.
Any citation of a statute, law or ordinance contained in this Revision shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
[1972 Code, § 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.
[N.J.S.A. 40:49-5; Ord. No. 32-89; Ord. No. 23-02; Ord. No. 3-11]
For violation of any provision of this Revision, or any other ordinance of the Borough of Keyport, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be a fine not exceeding $2,000 and/or imprisonment in the County Jail or another place of imprisonment or confinement for a term not exceeding 90 days, or to a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.
[Ord. No. 3-11]
If the violation is of a provision of any building, housing, zoning or property maintenance code and the Code Enforcement Bureau Official or other Code Enforcement Officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a Court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. No. 3-11]
For violation of any provision of this Revision, or any other ordinance of the Borough of Keyport, which regulates or prohibits the disposal of solid waste, unless a specific penalty is otherwise provided in connection with the provision violated, the minimum penalty upon conviction of the violation shall be a fine not less than $2,500 and the maximum penalty shall be a fine not exceeding $10,000. At the discretion of the Municipal Court Judge this minimum penalty may be waived in the case of the minor solid waste disposal violations prohibited in Chapter IV, Police Regulations, Section 4-1, Litter, and Section 4-1A, Litter Control of this Revision.
[Ord. No. 32-89; Ord. No. 3-11]
Except as otherwise provided, each and every day or part of a day in which a violation of any provision of this Revision or any other ordinance of the Borough exists or occurs shall constitute a separate violation.
[Ord. No. 32-89; Ord. No. 3-11]
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, unless a minimum penalty is provided.
[Ord. No. 32-89; Ord. No. 23-02; Ord. No. 3-11]
For violation of any provision of this Revision, or any other ordinance of the Borough of Keyport, unless a specific penalty is otherwise provided in connection with the provision violated, the minimum penalty upon conviction of the violation shall be a fine not less than $100.
[Ord. No. 3-11]
Any person who is convicted of violating an ordinance within one year of the date of a previous violation 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 $100 or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance, and the total sum of the basic fine imposed for the violation and the additional fine imposed as a repeat offender may exceed the maximum fine fixed for a violation of the ordinance.