[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Berkeley 1999" and is herein referred
to as the "Revision" or "Code."
[New]
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 Administrator of the Township duly appointed
pursuant to law.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean calendar days.
Shall mean an organizational unit of the Township 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 Council.
Shall mean the Mayor and Council of the Township of Berkeley.
Shall mean licensed in accordance with the appropriate section
or chapter of this Revision.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the Township of Berkeley in the County of Ocean,
State of New Jersey, and any corporate successor thereof.
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 construed to be equivalent to the words "affirm"
and "affirmed."
Shall be construed as if the words of the Township of Berkeley
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.
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 a 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 severally be construed to mean any and every public
ground, public square, public park or other public place within the
Township.
Shall mean an action expressing the sense or will of Township
Council on a matter of special or temporary interest. It shall be
written and may be adopted at the meeting at which it is introduced,
without publication or public hearing.
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 part of such building or land, whether alone
or with others.
Shall mean the Township of Berkeley in the County of Ocean
and State of New Jersey.
Shall mean the Governing Body of the Township, constituted
and elected pursuant to law.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
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, that day shall be excluded.
Writing and written includes printing, typewriting and any other
modes of communication using paper or similar material which is in
general use, as well as legible handwriting.
And may be construed as meaning or, and or as and, if the sense
requires and indicates such meaning.
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.
Chapter shall mean one of the major divisions of this Revision,
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 following a section number.
Paragraph shall mean a subdivision under a subsection, identified
by an alphabetical letter and/or Arabic number.
[New]
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.
[1]
Editor's Note: Penalty provision in accordance with N.J.S.A.
40:49-5.
[New; Ord. No. 06-11-OAB § 1]
For violation of any provision of this Code or other ordinance
of the Township of Berkeley, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be by 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 $2,000; or by a period of community service
not exceeding 90 days.
Prior to imposing a fine greater than $1,250 upon an owner for
violations of housing or zoning codes, the Township shall provide
a thirty-day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall be afforded an opportunity
for a hearing concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 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.
[New]
The Township 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.
[New]
Any person who enters a plea of guilty or who is convicted of
violating this Code or any ordinance within one year of the date of
a previous violation of the same provision of this Code or of the
same ordinance, 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 Township 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 Township, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 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 Township 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.
[1974 Code § 1-7; New]
It shall be the duty of the Township Clerk or someone authorized
and directed by the Township Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Township of Berkeley, 1999" required to be filed in the office of
the Clerk for the use of the public. All changes in the Revision and
all ordinances adopted by the Township Council subsequent to the adoption
of the Revision, which the Township Council shall adopt specifically
as a part of this Revision, shall, when finally adopted, be included
therein by reference until such changes or new ordinances are printed
as supplements to the Revised General Ordinances, at which time such
supplements shall be inserted therein.
[1974 Code § 1-8]
Copies of the Code book containing the Code may be purchased
from the Clerk upon the payment of a fee to be set by resolution of
the Township Committee, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
[1974 Code § 1-9]
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code, or to
alter or tamper with such Code in any manner whatsoever, which will
cause the law of the Township of Berkeley to be misrepresented thereby.
