[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Green, 1998" and is referred to herein
as the Revision or Code.
[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 Township Administrator appointed by the Township
Committee pursuant to law.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Sussex.
Shall mean calendar days.
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 Committee.
Shall mean the Township Administrator, if there be one appointed,
or a department head designated as such by ordinance; or in the absence
of either, the immediate supervisor of an employee.
Shall mean licensed in accordance with the appropriate section
or chapter of this Revision.
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 Township of Green followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, including this Revision, so long as it has been 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 mean and 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 or any kind of 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 next before and next after, respectively.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Township.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
Shall mean any portion of a street between the curbline and
the adjacent property line, intended for the use of pedestrians, excluding
parkways.
Shall mean and include an avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert, sidewalk, crosswalk, and
every class of road, square, place or municipal parking field used
by the general public.
Applied to a building or land, shall mean and include any
person who occupies the whole or part of such building or land, whether
alone or with others.
Shall mean the Township of Green in the County of Sussex
and State of New Jersey.
Shall mean the governing body of the Township.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
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 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.
Any citation of a statute, law or ordinance contained in this
Revision 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 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.
[1979 Code § 1-10]
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.
[1]
Editor's Note: Penalty provision in compliance with N.J.S.A.
40:49.5.
[New; Ord. No. 2010-17 § 3;
N.J.S.A. 40:49-5]
For violation of any provision of this Revision or other ordinance
of the Township of Green unless a specific penalty is otherwise provided
in connection with the provision violated, the maximum penalty upon
conviction of the violation shall be by one or more of the following:
imprisonment in the County Jail or in any place provided by the Township
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
[New]
The Township Committee may prescribe that for the violation
of any particular provision of the Revision or 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 or
Revision provision shall have power to impose any fine, term of punishment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in the Revision or such ordinance.
[New]
Any person who is convicted of violating this Revision or an
ordinance within one year of the date of a previous violation of the
same provision of this Revision or of the same ordinance and who was
fined for the previous violation, shall be sentenced by a 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 ordinance or Revision provision, but shall be calculated separately
from the fine imposed for the violation of the ordinance or Revision
provision.
If the Township Committee chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
the Committee may waive the additional fine by ordinance or resolution.
[New]
Any person convicted of the violation of any provision of this
Revision or 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 Township, 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, each and every day in which a
violation of any provision of this Revision or any other ordinance
of the Township exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
[1979 Code § 1-7; 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 Green, 1998" required to be filed in the office of the Township
Clerk for the use of the public. All changes in the Revision and all
ordinances adopted by the Township Committee subsequent to the adoption
of the Revision, which the Township Committee shall adopt specifically
as a part of the Revision, shall, when finally adopted, be included
herein by reference until such change or new ordinances are printed
as supplements to the Revised General Ordinances, at which time such
supplements shall be inserted therein.
[1979 Code § 1-5]
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the Township Committee to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code of
the Township of Green shall be understood and intended to include
such additions and amendments. Whenever such additions, amendments
or supplements to the Code shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf
book containing the Code, as amendments and supplements thereto.
[New]
Copies of the Code book containing the Code may be purchased
from the Township Clerk upon the payment of a fee to be set by resolution
of the Township Committee, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
[1979 Code § 1-9]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Green to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to the penalty stated in Section 1-5.
