Title One of the New Jersey Statutes Annotated contains definitions and rules of construction for terms used in the New Jersey Statutes.
[1976 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General Ordinances of the City of Sea Isle City, 1993," and is herein referred to as the "Code," the "Revision" or the "Sea Isle City City Code."
[1976 Code § 1-2; New; Ord. No. 1431 § I]
For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore and hereafter adopted, except as the context may otherwise require:
- Shall mean the Business Administrator appointed pursuant to the charter and this code, or any deputy or acting administrator temporarily serving in place of the Business Administrator.
- Shall mean the City of Sea Isle City in the County of Cape May and State of New Jersey. The words "the City" or "this City" shall be construed as if the words "of Sea Isle City, New Jersey," followed them.
- CLERK OR CITY CLERK
- Shall mean the municipal clerk duly appointed pursuant to law.
- Shall mean the Legislative Body of the City.
- Shall mean the County of Cape May.
- Shall mean an organizational unit of the City government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the City government assigned to such organizational unit by the Mayor and Council.
- Shall mean the administrative head of a Department.
- Shall mean a basic organizational unit under Department.
- GOVERNING BODY
- Shall mean the Council of the City of Sea Isle City.
- Shall mean licensed in accordance with the appropriate section or chapter of this Code.
- Shall mean Mayor-Council form of government under the Faulkner Act, also known as Optional Municipal Charter Law (OMCL), and all applicable provisions of the general law.
- 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 City of Sea Isle City" followed it.
- Shall mean the binding laws and acts of local legislation heretofore and hereafter adopted, and including this revision, so long as it shall have been adopted by the procedure required for the adoption of an ordinance in accordance with N.J.S.A. 40:69A-41 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 persons, 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/herself or for any other person, under either personal appointment or pursuant to law.
- PRECEDING AND FOLLOWING
- Shall mean next before and next after, respectively.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PARK OR PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the City.
- Shall mean an action expressing the sense or will of Council on a matter of special or temporary interest, which shall be written and may be adopted at the meeting at which it is introduced, without publication or public hearing, pursuant to N.J.S.A. 40:69A-36.
- Shall mean any portion of a street between the curbline 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 days.
- Shall mean a calendar year unless otherwise specifically provided.
[1976 Code § 1-2; 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 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.
[1976 Code § 1-5]
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 City of Sea Isle City, 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: imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,250; or by a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court.
[New; Ord. No. 1615(2017) § 1]
The 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 $100. 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.
[Ord. No. 1615(2017) § 2]
Any person who is convicted of violating this Code or an ordinance within one 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 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/she 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 City, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 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 City exists shall constitute a separate violation.
[1976 Code § 1-6; 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.
Whenever any provisions of the New Jersey Statutes Annotated limits the authority of the City to punish the violation of any particular provision of this Code or other City ordinance or 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 City ordinance, resolution, 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.
[1976 Code § 1-3]
The provisions of this Code, so far as they are in substance the same as those ordinances existing on the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
[New; Ord. No. 1615(2017) § 3]
It shall be the duty of the City 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 City of Sea Isle City, 1993" required to be filed in the office of the City Clerk for the use of the public. All changes in the Code and all ordinances adopted by the Council subsequent to the adoption of the Code, which the 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.
[1976 Code § 1-4]
The catchlines of sections of the 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.
[1976 Code § 1-7]
The provisions of this Code shall be subject to all State laws with regard to the subject matters herein contained, and where inconsistent therewith, the State Law shall apply.
[Ord. No. 1431 § II]
It is the intent of the Mayor and Council in enacting this Code to exercise fully the powers delegated to them to organize and regulate its internal affairs, and the provisions of this Code shall be construed liberally to that end.
The Code shall be interpreted and administered so as to maintain the separation of legislative and Administrative powers as provided.