[New]
This book shall be known and may be cited as the "Cape May Point
Borough Code, 2012" and is herein referred to as the "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, the definitions contained in this
section shall apply:
ADMINISTRATOR
Shall mean the Administrator of the Borough duly appointed
pursuant to law.
BOROUGH
Shall mean the Borough of Cape May Point in the County of
Cape May, State of New Jersey.
COMMISSIONERS
Shall mean the Board of Commissioners of the Borough.
COUNTY
Shall mean the County of Cape May.
DAYS
Shall mean calendar days.
DEPARTMENT
Shall mean an organizational unit of the Borough government
established or designated by ordinance or the Code as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Board of Commissioners.
GOVERNING BODY
Shall mean the Board of Commissioners of the Borough of Cape
May Point.
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.
MUNICIPALITY
Shall mean the Borough of Cape May Point, County of Cape
May, State of New Jersey.
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
As applied to a building or land shall include any person
who occupies the whole or part of a building or land, whether alone
or with others.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter
adopted, and 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
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.
PERSON
Shall mean any natural individual, person, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any provision of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporation or
any other legal entity, the word shall include officers, managers,
agents or employees thereof who are responsible for any violations
of the provision.
PERSONAL PROPERTY
Shall mean goods and chattels, rights and credits, monies
and effects, evidences of debt, and all written instruments by which
any right to, interest in, or lien or encumbrances upon, property
or any debt or financial obligation as created, acknowledged, evidenced,
transferred, discharged or defeated, in whole or in part, and every
thing, except real property as herein defined, which may be subject
of ownership.
PROPERTY
Shall mean real and personal property.
REAL PROPERTY
Shall mean and includes lands, tenements and hereditaments,
all rights thereto and interests therein.
RESOLUTION
Shall mean and include any act or regulation of the Governing
Body required to be reduced to writing, but which may be finally passed
at the meeting at which it is introduced.
SIDEWALK
Shall mean that portion of a street between the curbline
and the adjacent property line which has been paved with concrete
or other approved material and is intended for the use of pedestrians.
STATE
Shall mean the 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.
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 feminine gender includes the masculine 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.
[New]
"Chapter" shall mean one of the major divisions of the Code,
identified by an Arabic numeral, 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.
[N.J.S.A. 40:49-5]
The Governing Body 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.
[N.J.S.A. 40:49-5]
The Court before which any person is convicted of violating
any ordinance or Code provision shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum fixed in the Code or in
such ordinance.
[N.J.S.A. 40:49-5]
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 has paid the fine for
the previous violation shall be subject 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 and shall be calculated separately
and in addition to the fine imposed for violation of the ordinance
or Code provision.
If the Governing Body chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision, the Governing Body may waive the additional fine
by ordinance or resolution.
[N.J.S.A. 40:49-5]
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
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]
If the Governing Body chooses to impose a fine in an amount
greater than $1,250 upon an owner for violations of housing or zoning
codes, the Borough shall provide a 30-day period in which the owner
shall be afforded the opportunity to cure or abate the condition which
is in violation 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.
[N.J.S.A. 40:49-5]
If provided by specific ordinance or in the Code, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Borough of Cape May Point exists shall constitute
a separate violation.
[N.J.S.A. 40:49-5]
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]
Each section of the Code and every part of a section is an independent
section, subsection or paragraph. 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 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 Code.
[New]
The provisions of this Code, so far as they are in substance
the same as those ordinances existing on the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
[N.J.S.A. 40:49-4]
It shall be the duty of the Municipal Clerk to keep up-to-date
the certified copy of the book containing the "Cape May Point Borough
Code, 2012" required to be filed in the Office of the Municipal Clerk
for use by the public. All changes in the Code and all ordinances
adopted by the Board of Commissioners subsequent to the adoption of
the Code, which the Board of Commissioners shall adopt specifically
as a part of the Code, shall, when finally adopted, be included herein
by reference until such change or new ordinances are printed as supplements
to the Code, at which time such supplements shall be inserted therein.
The Code, when so published and certified to by the seal of
the Borough of Cape May Point shall be received in all courts of this
State as evidence of the ordinances contained in such compilation
and revision as fully as if the original ordinances were produced.
[New]
Any and all additions, amendments or supplements to the Cape
May Point Borough Code, when passed and adopted in such form as to
indicate the intention of the Board of Commissioners for them to be
a part thereof, shall be deemed to be incorporated into such Code,
so that reference to the "Cape May Point Borough Code," shall be understood
and intended to include such additions and amendments. Whenever such
additions, amendments or supplements to the Cape May Point Borough
Code shall be adopted, they shall thereafter be printed and, as provided
herein, inserted in the loose-leaf book containing the Code, as amendments
and supplements thereto.
[New]
Copies of the Code book containing the "Cape May Point Borough
Code, 2012," may be purchased from the Municipal Clerk upon the payment
of a fee to be set by resolution of the Board of Commissioners, which
may also arrange, by resolution, for procedures for the periodic supplementation
thereof.
[New]
It shall be unlawful for anyone to improperly change, amend or alter this Code, without authorization as provided by law, for the purpose of causing the law of Cape May Point Borough to be misrepresented by such action. Any person violating this provision shall, upon conviction, be liable to the penalty stated in Borough Code Chapter
1, Section
1-5.