[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 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.]
[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Oakland (1988)", and is herein referred
to as the "Revision" or the "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 Borough of Oakland in the County of Bergen
and State of New Jersey.
Shall mean the governing body of the Borough, constituted
and elected pursuant to law.
Shall mean the municipal clerk duly appointed pursuant to
law.
Shall mean the County of Bergen.
Shall mean the calendar days.
Shall mean 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.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
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 construed to be equivalent to the words affirm and
affirmed.
See Tenant.
Shall be construed as if the words of the Borough of Oakland
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, as well as an individual.
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
Borough.
Shall mean and include lands, tenements and hereditaments,
all rights thereto and interests therein.
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
Shall mean and 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.
Shall include any person who occupies the whole or a part
of such buildings or land, either alone or with others.
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 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 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 Revision, 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
Revision shall be deemed to refer to such statute, law or ordinance
as amended, whether or not such designation is included in the citation.
[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.
[N.J.S.A. 40:49-5]
For the violation of any provision of this Code, or any other
ordinance of the Borough of Oakland 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 $1,000; imprisonment in the County Jail for a
period not exceeding 90 days; or to a period of community service
not exceeding 90 days, at the discretion of the Municipal Court Judge.
[New]
Except as otherwise provided, every day on which a violation
of any provision of this Code, or any other ordinance of the Borough
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 Borough Council 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 $100.
[Ord. #195; 1967 Code, Appendix Part V, § 1]
A certain map entitled "Official Map, Borough of Oakland, Bergen
County, New Jersey F.E. Harley C.E. Borough Engineer Wyckoff, New
Jersey February 1952," a copy of which map is attached hereto[1] and made a part hereof, is hereby established as the official
map of the Borough, pursuant to the provisions of the Revised Statutes
of New Jersey, Section 40:55-8, and the amendments and supplements
thereto.
[1]
Editor's Note: The Official Map is on file in the office of
the Borough Clerk.
