Borough of Highlands, NJ
Monmouth County
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[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:
BOROUGH
Shall mean the Borough of Highlands in the County of Monmouth and State of New Jersey.
BOROUGH COUNCIL OR COUNCIL
Shall mean the mayor and councilmen of the borough.
CLERK OR BOROUGH CLERK
Shall mean the municipal clerk duly appointed pursuant to law.
DEPARTMENT
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.
LICENSED
Shall mean licensed in accordance with the appropriate section or chapter of this revision.
MONTH
Shall mean a calendar month unless otherwise specifically provided.
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.
PERSON
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.
STREET
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.
YEAR
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.