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.
The governing body of the Borough, constituted and elected
pursuant to law.
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".
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.
Next before and next after, respectively.
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.
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.
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.
