[New]
The book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Tinton Falls, 1990" and may also be cited
the "Code" or the "Revision."
[Ord. #598; 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 Director of the Department of Administration
who shall also be known as the "Borough Business Administrator," appointed
in accordance with the Charter.
Shall mean the Borough of Tinton Falls, County of Monmouth,
New Jersey.
Shall mean the Municipal Clerk duly appointed by law.
Shall mean the local legislative body of the municipality
constituted and elected pursuant to the Charter.
Shall mean the Mayor-Council Plan of the Optional Municipal
Charter Law (N.J.S.A. 40:69A-1 et seq.) as amended and supplemented
and as adopted by the voters of the Borough on November 6, 1984.
Shall mean the County of Monmouth.
Shall mean the calendar days.
Shall mean an organizational unit of the municipal government
established or designated by or pursuant to the Administrative Code
as a "department."
Shall mean the administrative head of a department.
Shall mean the Borough Council as constituted and elected
pursuant to the Charter.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
Shall mean the chief executive officer of the Borough exercising
the executive powers of the municipality as set forth in the Charter.
Shall mean a calendar month, unless otherwise specifically
provided.
Shall mean the Borough of Tinton Falls in the County of Monmouth,
State of New Jersey, and any corporate successor thereof.
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.
Shall be construed as if the words of the Borough of Tinton
Falls followed it.
Shall mean an enactment of the Borough Council in continuing
uniform regulation of public or governmental conduct. It shall be
in writing, published and adopted after public hearing at a meeting
following the one at which it was introduced.
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 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 an action expressing the sense or will of Borough
Council on a matter of special or temporary interest. It shall be
written and may be adopted at the meeting at which it is introduced,
without publication or public hearing.
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 purposes 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 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 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, paragraph or part 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, paragraphs or parts
of this Code.
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:49.5.
[New; Ord. #06-1192]
For violation of any provision of this Code or other ordinance
of the Borough of Tinton Falls, unless a specific penalty is otherwise
provided in connection with the provisions violated, the maximum penalty
upon conviction of the violation shall be 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 to exceed 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days, or any combination thereof in the discretion
of the Municipal Court Judge.
Whenever a fine is to be imposed in an amount greater than $1,250
for violations of housing or zoning codes the owner shall be provided
a 30 days period during which the owner shall be afforded the opportunity
to cure or abate the condition and shall be afforded the opportunity
for a hearing before the Court 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 the Court has determined
that the abatement has not been substantially completed.
[New]
The Borough 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.
If the Borough Council chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance,
the Council may waive the additional fine by ordinance or resolution.
[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 Borough, 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 Borough 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.
[1982 Code § 1-7]
It shall be the duty of the Borough Clerk, or someone authorized
and directed by the Borough Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Borough
Clerk's office for the use of the public. All changes in the
Code and all ordinances adopted subsequent to the effective date of
this codification, which shall be adopted specifically as part of
the Code, shall, when finally adopted, be included therein by reference
until such changes or new ordinances are printed as supplements to
the Code book, at which time such supplements shall be inserted therein.
[1982 Code § 1-8]
Copies of the Code book containing the Code may be purchased
from the Borough Clerk upon the payment of a fee to be set by resolution
of the Borough Council, who may also arrange, by resolution, for procedures
for the periodic supplementation thereof.
[1982 Code § 1-9; 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 Borough of Tinton Falls to be misrepresented thereby. Anyone violating this section of this chapter shall be liable, upon conviction, to the penalty stated in Section 1-5.
