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:
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.
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.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
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.
Shall mean the administrative head of 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.
And the title of the officer or official shall be construed
as if the words "of the Township of West Orange" 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 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.
Shall mean the Planning Director.
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 the Township of West Orange in the County of Essex
and the State of New Jersey.
Shall mean the Members of Council of the Township.
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.
