[1982 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Frankford, 2004" and is herein referred
to as the "Revision" or "Code."
[1982 Code § 1-2; 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 Municipal Clerk duly appointed pursuant to
law.
Shall mean 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 Committee of the Township of Frankford.
Shall mean licensed in accordance with the appropriate section
or chapter of this Revision.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean the Township of Frankford in the County of Sussex,
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."
When 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.
And the title of an officer or official shall be construed
as if the words of the Township of Frankford followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Revision, 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.
Shall mean any part owner, joint owner, tenant in common,
tenant in partnership, joint tenant, or tenant by the entirety, of
the whole or of a part of a building or land.
Shall mean any individual, natural person, 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 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 mean an action expressing the sense or will of the
Township Committee 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 curbline and
the adjacent property line, intended for the use of pedestrians, excluding
parkways.
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.
Shall mean the Township of Frankford in the County of Sussex
and State of New Jersey.
Shall mean the Governing Body of the Township, constituted
and elected pursuant to law.
Shall mean seven consecutive days.
Shall mean a calendar year unless otherwise specifically
provided.
[1982 Code § 1-3; 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 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.
"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 this 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 following a section number.
"Paragraph" shall mean a subdivision under a subsection, identified
by an alphabetical letter and/or Arabic number.
"Article" and a designated number may be used within a chapter
to further designate specific divisions within a chapter or a section.
[1982 Code § 1-4]
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; Ord. No. 2009-09]
a.
For violation of any provision of this Code or other ordinance of
the Township of Frankford, 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;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days.
b.
Pursuant to N.J.S.A. 40:49-5, 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 thirty-day 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 subsequently completed. (N.J.S.A. 40:49-5)
[New]
The Township Committee 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 enters a plea of guilty or 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, 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 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
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 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 Code or any other ordinance of
the Township exists shall constitute a separate violation when provided
by specific ordinance.
[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.
[New]
It shall be the duty of the Township Clerk or someone authorized
and directed by the Township Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Township of Frankford, 2004" required to be filed in the office of
the 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 this Revision, shall, when finally adopted,
be included therein by reference until such changes or new ordinances
are printed as supplements to the Revised General Ordinances, at which
time such supplements shall be inserted therein.
