[Ord. #382, S 1.1; New; Ord. #90-20, S 1]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of North Plainfield (1987)," and is herein
referred to as the "Revision" or "Code." Citations to various provisions
in the "Code" may be made in the following manner: "N.P.R.G.O." (North
Plainfield Revised General Ordinances) immediately followed by the
chapter number, a hyphen, the section number, a period, the subsection
number, and the paragraph letter or number.
[New; Ord. #01-16]
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 North Plainfield in the County
of Somerset and State of New Jersey.
Shall mean the municipal clerk duly appointed pursuant to
law.
Shall mean the members of the Borough Council constituted
pursuant to the Charter.
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this Revision as a department.
Shall mean licensed in accordance with the appropriate section
or Chapter of this Revision.
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."
Shall be construed as if the words "of the Borough of North
Plainfield" 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 property.
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 goods and chattels, rights and credits, moneys
and effects, evidences of debt, and all written instruments by which
any right to, interest in, or lien or encumbrances upon, property
or any debt or financial obligation as created, acknowledged, evidenced,
transferred, discharged or defeated, in whole or in part, and everything,
except real property as herein defined, which may be the subject of
ownership.
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 include lands, tenements and hereditaments, all rights
thereto and interests therein.
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.
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 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 a part of such buildings or lands, either alone
or with others.
Shall mean a self-propelled device used for transportation
of persons or goods over land or other surfaces and that is or is
required to be registered and/or licensed by the Division of Motor
Vehicles or equivalent agency as a vehicle. Vehicles include by way
of example, but not by limitation, automobiles, trucks, buses, vans,
sport utility vehicles, motorcycles, boats, and trailers.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[1]
Editor's Note: R.S. 40:49-1 "Ordinance" and "resolution"
defined. The term "ordinance" when used in this section 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 section
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.
[Ord. #382, S 1.2; 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" 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 Revision,
identified by Arabic numbers, 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.
[Ord. #382, S 1.4; 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. #382, S 1.6; N.J.S.A. 40:69A-29]
For violation of any provision of this Code, or any other ordinance
of the Borough of North Plainfield, 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, or imprisonment in the County Jail for
a period not exceeding 90 days, or a period of community service not
exceeding 90 days, for each and every offense, at the discretion of
the Municipal Court Judge.
[Ord. #382, S 1.6; 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 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.
[New]
It shall be the duty of the Borough Clerk or someone authorized
and directed by the Borough Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Borough of North Plainfield (1987)", required to be filed in the office
of the Borough Clerk for the use of the public. All changes in the
Revision and all ordinances adopted by the Borough Council subsequent
to the adoption of the Revision, which the Borough Council shall adopt
specifically as a part of the Revision, shall, when finally adopted,
be included therein by reference until such change or new ordinances
are printed as supplements to the General Ordinances, at which time
such supplements shall be inserted therein.
