[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Hope, 1986," and is herein referred
to as the "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:
COUNTY
Shall mean the County of Warren. Days shall mean the calendar
days.
DEPARTMENT
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 Township Committee.
LICENSED
Shall mean licensed in accordance with the appropriate section
or Chapter of this Code.
MONTH
Shall mean a calendar month unless otherwise specifically
provided.
OATH
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.
ORDINANCE
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.
OWNER
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.
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 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.
PERSONAL PROPERTY
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.
PROPERTY
Shall mean real and personal property.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
SIDEWALK
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
STREET
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.
TENANT OR OCCUPANT
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.
TOWNSHIP
Shall mean the Township of Hope in the County of Warren and
the State of New Jersey.
WEEK
Shall mean seven days.
YEAR
Shall mean a calendar year unless otherwise specifically
provided.
[New]
For the purpose of this Code and any other ordinances heretofore
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 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.
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 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 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.
[New; Ord. #03-06, § I]
For violation of any provision of this Code, or any other ordinance
of the Township of Hope, unless a specific penalty is otherwise provided
in connection with the provision violated, the maximum penalty upon
conviction of the violation shall be a fine not exceeding $1,250 or
imprisonment in the County Jail for a period not exceeding 90 days,
or both.
[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 Township 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 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 $100.
[New]
It shall be the duty of the Township Clerk or someone authorized
and directed by the Clerk to keep up-to-date the certified copy of
the book containing "The Revised General Ordinances of the Township
of Hope, 1986" required to be filed in the office of the Township
Clerk for the use of the public. All changes in the Code and all ordinances
adopted by the Township Committee subsequent to the adoption of the
Code, which the Township Committee 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.