[Title One of the Revised Statutes of New Jersey contains
definitions and rules of construction for terms used in the New Jersey
Statutes.]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Highlands, 1975," and is herein referred
to as the "revision".
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 Highlands in the County of Monmouth
and State of New Jersey.
Shall mean the mayor and councilmen of the borough.
Shall mean the municipal clerk duly appointed pursuant to
law.
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 the organizational unit by the borough council.
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 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 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 personal appointment or pursuant to law.
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.
Shall mean a calendar year unless otherwise specifically
provided.
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 borough 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 revision, it shall
mean the prevailing and established time in effect in the State of
New Jersey during any day in any year.
"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 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.
[Ord. No. O-12-18 § 1]
Except as hereinafter provided, whenever in this Code or in
any other ordinance of the Borough or in any rule, regulation or order
promulgated pursuant to such Code or other ordinance of the Borough
any act is prohibited or is made or declared to be unlawful or an
offense or a misdemeanor, or whenever in such Code or in such other
Borough ordinance, rule, regulation or order the doing of any act
is required or the failure to do any act is declared to be unlawful,
where no specific penalty is provided therefor, the violation of any
such provision of this Code or of any other ordinance of the Borough
or of any rule, regulation or order promulgated pursuant to such Code
or other Borough ordinance shall be punished by a fine not exceeding
two thousand ($2,000.00) dollars, or by imprisonment for a period
not exceeding ninety (90) days; or a period of community service not
exceeding ninety (90) days; or by both such fine and imprisonment
or community service.
Any person who is convicted of violating this Code or any other
ordinance of the Borough or any other rule, regulation or order promulgated
pursuant to this Code or other Borough ordinance within one (1) year
of the date of a previous violation of the same provision, and who
was fined for that 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 the minimum or exceed the maximum fine fixed for a violation
of the provision, but shall be calculated separately from the fine
imposed by the violation of the provision.
Whenever any provision of the New Jersey Revised Statutes limits
the authority of the Borough to punish the violation of any particular
provision of this Code or other Borough ordinance, 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 Borough ordinance, rule, regulation
or order shall be punished by the imposition of not more than the
maximum fine, imprisonment or community service so authorized or by
both such fine or imprisonment.
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.
The Mayor and 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 one hundred ($100.00) dollars. Each
day any violation of this Code or any other Borough ordinance, rule,
regulation or order promulgated pursuant thereto shall continue shall
constitute a separate offense, unless otherwise provided.
Any person convicted of violating this Code or any other ordinance
of the Borough or any other rule, regulation or order promulgated
pursuant to this Code or other Borough ordinance, and who is in default
of the payment of any fine imposed for the violation, may, in the
court's discretion, be imprisoned for a term not exceeding ninety
(90) days or be required to perform community service for a period
not exceeding ninety (90) days. Whenever any fine is imposed upon
any corporation, such fine and any costs and charges incident thereof
may be collected in an action of debt or in such other manner as may
be provided by law.
