[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Keansburg, 1989" and is herein referred
to as the "Revision" or "Code".
[New]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require, the following definitions
shall be used in the Code:
Shall mean the Borough of Keansburg in the County of Monmouth
and State of New Jersey.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the Council of the Borough of Keansburg elected
pursuant to the Charter.
Shall mean the County of Monmouth.
Shall mean calendar days.
Shall mean an organizational unit of the government established
or designated by ordinance or otherwise, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Borough Council.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
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 construed to be equivalent to the words affirm and
affirmed.
See tenant.
And the title of an officer or official shall be construed
as if the words of the Borough of Keansburg followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, so long as it is adopted by the
procedure required for the adoption of an ordinance and so long as
it remains in force and effect pursuant to law.
When applied to a building or land shall include any part
owner, any corporation, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety, of the whole or of a part
of such building or land.
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 of any kind or personal representatives of any kind
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 every
thing, 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 any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
Shall include an 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. Street shall be considered to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
Applied to a building or land, shall include any person who
occupies the whole or part of such building or land, whether alone
or with others.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
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.
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.
"And" may be construed as meaning or, and or as and, if the
sense requires and indicates such meaning.
Whenever a specific time is used in this Code, 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
Code shall be deemed to refer to such statute, law or ordinance as
amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of the Code
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.
[New]
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.
[N.J.S.A. 40:49-5]
Any person who shall violate any provision of "The Revised General
Ordinances of the Borough of Keansburg" or other ordinance of the
Borough, where no specific penalty is provided regarding the section
violated, shall, upon conviction thereof, be liable to punishment
by one or more of the following: imprisonment in the county jail or
in any place provided by the Borough for the detention of prisoners,
for any term not exceeding 90 days; or by a fine not exceeding $1,000;
or by a period of community service not exceeding 90 days.
The Council may prescribe that for the violation of any particular
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.
The court before which any person is convicted of violating any ordinance
of a municipality shall have power to impose any fine, term of imprisonment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in such ordinance. Any person convicted of the violation
of any ordinance may, in the discretion of the court by which he was
convicted, and in default of the payment of any fine imposed therefor,
be imprisoned in the county jail or place of detention provided by
the municipality, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[New]
Except as otherwise provided, 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 this section is not intended to
state an appropriate penalty for every violation. Any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[New]
It shall be the duty of the Borough Clerk or someone authorized
and directed by the Clerk to keep up-to-date the certified copy of
the book containing "The Code of the Borough of Keansburg, 1989" required
to be filed in the office of the Borough Clerk for the use of the
public. All changes in the Code and all ordinances adopted by the
Borough Council subsequent to the adoption of the Code, which the
Borough Council shall adopt specifically as a part of the Code, shall,
when finally adopted, be included therein by reference until such
change or new ordinances are printed as supplements to the Code, at
which time such supplements shall be inserted therein.
