Township of West Orange, NJ
Essex County
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Title One of the New Jersey Statutes contains definitions and rules of construction for terms used in the New Jersey Statutes.
[1972 Code § 1-1]
This book shall be known and may be cited as "The Revised General Ordinances of the Township of West Orange, 1997," and is herein referred to as the "Revision" or "Code."
[1972 Code § 1-2; Ord. No. 960-89, § 1; 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:
ADMINISTRATOR
Shall mean the Business Administrator duly appointed pursuant to the Charter and Administrative Code or any assistant or acting administrator serving in place of the Business Administrator.
CHARTER OR TOWNSHIP CHARTER
Shall mean the Mayor-Council Plan B of Chapter 210 of New Jersey Laws of 1950, as amended and supplemented N.J.S.A. and any and all statutory provisions of the State of New Jersey as may be lawfully applicable to the Township.
CLERK OR TOWNSHIP CLERK
Shall mean the Municipal Clerk duly appointed pursuant to law.
DEPARTMENT
Shall mean an organizational unit of the Township government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the Township government assigned to such organizational unit by the Township Council.
DIRECTOR
Shall mean the administrative head of a department.
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.
OFFICER OR OFFICIAL
And the title of the officer or official shall be construed as if the words "of the Township of West Orange" 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.
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/herself or for any other person, under either personal appointment or pursuant to law.
PLANNING OFFICIAL
Shall mean the Planning Director.
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.
TOWNSHIP
Shall mean the Township of West Orange in the County of Essex and the State of New Jersey.
TOWNSHIP COUNCIL OR COUNCIL
Shall mean the Members of Council of the Township.
YEAR
Shall mean a calendar year unless otherwise specifically provided.
[1972 Code § 1-3]
For the purpose of this Code 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.
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 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 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 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.
[1972 Code § 5-28.1; Ord. No. 984-89 § 1; Ord. No. 1802-02 § II]
For violation of any provision of this chapter, and any other chapter of this revision, or any other ordinance of the Township where no specific penalty is provided regarding the section violated, the maximum penalty shall, on conviction of a violation, be one or more of the following: a fine not exceeding $1,250 or imprisonment for a period not exceeding 90 days; or a period of community service for a period not exceeding 90 days. (N.J.S.A. 40:49-5)
[1972 Code § 5-28.2]
Except as otherwise provided, each and every day in which a violation of any provision of this chapter or any other ordinance of the Township exists shall constitute a separate violation.
[1972 Code § 5-28.3]
The maximum penalty stated in 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 violation.
[1972 Code § 5-28.4]
The Township 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. (N.J.S.A. 40:49-5)
[1972 Code § 5-28.5; Ord. No. 984-89 § 1]
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine as imposed upon a person for repeated offense shall not be less than the minimum or exceed the maximum fine imposed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the initial conviction of violating the ordinance.