[New]
The book shall be known and may be cited as "The Revised General
Ordinances of the Township of Bedminster, 1984", and is herein referred
to 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:
DEPARTMENT
Shall mean an organizational unit of the government established
or designated by ordinance or this revision as a department, together
with any agency or instrumentality of the government assigned to such
organizational unit by the township committee.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this revision, 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.
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 or any kind of personal representatives or any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
TOWNSHIP
Shall mean the Township of Bedminster in the County of Somerset
and State of New Jersey
STREET
Shall include a street, 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.
MONTH
Shall mean a calendar month unless otherwise specifically
provided.
YEAR
Shall mean a calendar year unless otherwise specifically
provided.
LICENSED
Shall mean licensed in accordance with the appropriate section
or chapter or this revision.
[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 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 revisions
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 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.
[New; N.J.S.A. 40:49-5; Ord. #2002-08, S 1; Ord. #07-02,
S 1]
Any person who shall violate any provision of this code or other
ordinance of the township, where no specific penalty is provided regarding
the section violated, shall, upon conviction thereof, be punishable
by one or more of the following: a fine not exceeding $2,000; or imprisonment
in the county jail or place of detention provided by the municipality
for a period not exceeding 90 days; or a period of community service
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 township
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]
The governing body 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. (N.J.S.A 40:49-5)
[Ord. #2000-39, S 1]
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation 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 shall not be less than the
minimum or exceed the maximum fine fixed for a violation of the ordinance,
but shall be calculated separately from the fine imposed for the violation
of the ordinance. (N.J.S.A. 40:49-5)
[Ord. #2000-39, S 1]
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 therefore, 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. (N.J.S.A. 40:49-5)
[Ord. #07-02, S 2]
For penalties and fines imposed in excess of $1,250 upon an
owner for violations of housing or zoning codes, there shall be provided
a 30-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 30-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.
[Ord. #07-02, S 3]
The minimum penalty, at least, upon conviction of a violation of any provisions of this code, Section
9-4, or any other ordinance of the township pertaining to unlawful solid waste disposal, shall consist of a minimum fine of $2,500. The maximum penalty for such violation shall be a fine not exceeding $10,000.