Township of Upper, NJ
Cape May County
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Editor's Note: Title One of the New Jersey Statutes Annotated contains definitions and rules of construction for terms used in the New Jersey Statutes.
[1972 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General Ordinances of the Township of Upper, 1989" and is herein referred to as the Revision or Code.
[1972 Code § 1-2; New]
For the purpose of this Code, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
CLERK OR TOWNSHIP CLERK
Shall mean the municipal clerk duly appointed pursuant to law.
COUNTY
Shall mean the County of Cape May.
DAYS
Shall mean the calendar days.
DEPARTMENT
Shall mean an organizational unit of the Township government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Township government assigned to such organizational unit by the Township Committee.
LICENSED
Shall mean licensed in accordance with the appropriate section or chapter of this Code.
MONTH
Shall mean a calendar month unless otherwise specifically provided.
OATH
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.
OCCUPANT
See tenant.
OFFICER OR OFFICIAL AND THE TITLE OF AN OFFICER OR OFFICIAL
Shall be construed as if the words of the Township of Upper followed it.
ORDINANCE
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.
OWNER WHEN APPLIED TO A BUILDING OR LAND
Shall 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.
PERSONS
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 or for any other person, under either for himself or for any other person, under either personal appointment or pursuant to law.
PRECEDING AND FOLLOWING
Shall mean next before and next after, respectively.
PROPERTY
Shall mean 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 Township.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
RESOLUTION
Shall mean and include 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.
SIDEWALK
Shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
STATE
Shall mean the State of New Jersey.
STREET
Shall include an 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. Street shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent.
TENANT OR OCCUPANT
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.
TOWNSHIP
Shall mean the Township of Upper in the County of Cape May and State of New Jersey.
TOWNSHIP COMMITTEE
Shall mean the governing body of the Township.
WEEK
Shall mean seven days.
YEAR
Shall mean a calendar year unless otherwise specifically provided.
[1972 Code § 1-3]
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, a legal holiday, or a day on which the offices of the Township are closed, 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.
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 the 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 or Arabic number.
[1972 Code § 1-4]
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.
[New; N.J.S.A. 40:49-5]
For violation of any provision of this Code, or any other ordinance of the Township of Upper 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 $1,000 and/or imprisonment in the County Jail for a period not exceeding 90 days, or both, or to a period of community service not exceeding 90 days at the discretion of the Municipal Court Judge.
[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 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 Township Committee prescribes 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.