[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Town of Guttenberg (1993)", 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:
- BOARD OF COUNCIL
- Shall mean the Governing Body of the Town of Guttenberg elected pursuant to law.
- CLERK OR TOWN CLERK
- Shall mean the Municipal Clerk duly appointed pursuant to law.
- COUNTY
- Shall mean the County of Hudson.
- DAYS
- Shall mean the calendar days.
- DEPARTMENT
- Shall mean an organizational unit of the Town government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Town government assigned to such organizational unit by the Board of Council.
- 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.
- OCCUPANT
- See tenant.
- OFFICER OR OFFICIAL
- And the title of an officer or official shall be construed as if the words "of the Town of Guttenberg" followed it.
- ORDINANCE
- Shall mean any act of local legislation heretofore or hereafter adopted, including this Code, 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.
- 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 person, partnership, joint venture, society, association, club, firm, trustee, trust, corporation or unincorporated group; 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.
- PRECEDING AND FOLLOWING
- Shall mean next before and next after, respectively.
- PROPERTY
- Shall mean real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the Town.
- 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 building line, intended for the use of pedestrians, excluding parkways.
- STREET
- Shall mean and 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
- As applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
- TOWN
- Shall mean the Town of Guttenberg, in the County of Hudson and the State of New Jersey. The word "Town" shall be construed as if the words "of Guttenberg, New Jersey" followed it.
- 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
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 or a legal holiday, that day shall be excluded.
"Writing" and "written" includes printing, typewriting, and
any other mode of communication using paper or similar material which
is in general use, as well as legible handwriting.
"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 and/or Arabic number.
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.
[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 has
not been declared 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.
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:69A-29.
[New; Ord. No. 23-12]
For violation of any provision of this Code, or other ordinance
of the Town of Guttenberg 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 municipality
for the detention of prisoners, for any term not exceeding 90 days;
and/or by a fine not exceeding $2,000; and/or by a period of community
service not exceeding 90 days.[1]
[1]
Note: Pursuant to N.J.S.A. 40:69A-29, any municipality that
chooses to impose a fine in an amount greater than $1,250 upon an
owner for violations of housing or zoning codes shall provide a thirty-day
period in which the owner shall be afforded the opportunity to cure
or abate the condition and shall also be afforded an opportunity for
a hearing before a court of competent jurisdiction for an independent
determination concerning the violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or, upon reinspection of the
property, it is determined that the abatement has not been substantially
completed. (N.J.S.A. 40:69A-29)
[New]
The Board of Council may prescribe that for the violation of
any particular provision of the Code 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
Code 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 Code or such ordinance.
[New]
Any person who is convicted of violating this Code or an ordinance
within one year of the date of a previous violation of the same provision
of this Code 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
Code provision, but shall be calculated separately from the fine imposed
for the violation of the ordinance or Code provision.
[New]
Any person convicted of the violation of any provision of this
Code 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 Town, 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 Code or any other ordinance of
the Town 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 Court, 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 Town 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 Town of Guttenberg, 1992" required
to be filed in the office of the Town Clerk for the use of the public.
All changes in the Code and all ordinances adopted by the Board of
Council subsequent to the adoption of the Code, which the Board of
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.
[New]
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 Town of Guttenberg to be misrepresented thereby. Anyone violating this section of this ordinance shall be subject, upon conviction, to the penalty stated in Section 1-5.
