[New]
This book shall be known and may be cited as "The Elmer Borough
Code, 2014" 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:
BOROUGH
Shall mean the Borough of Elmer in the County of Salem, State
of New Jersey.
BOROUGH COUNCIL
Shall mean the elected Municipal Council of the Borough of
Elmer.
COUNTY
Shall mean County of Salem.
DAYS
Shall mean calendar days.
DEPARTMENT
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this Code as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
GOVERNING BODY
Shall mean the Mayor and Council of the Borough of Elmer.
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 Elmer, County of Salem, 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."
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 and shall
include amendments thereto.
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 person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporation or
any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section.
RESOLUTION
Shall mean and include any act or regulation of the Borough
Council 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.
STREET
Shall mean and include a street, avenue, road, alley, lane,
highway, boulevard, concourse, driveway, culvert, 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 or Roman numeral.
[N.J.S.A. 40:49-5; New]
a. For violation of any provision of this Code or other ordinance of
the Borough of Elmer 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 Borough
Council 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. Unlawful Solid Waste Disposal. The Borough Council may prescribe
that for the violation of an ordinance or Code provision pertaining
to unlawful solid waste disposal at least a minimum penalty shall
be imposed which shall consist of a fine which may be fixed at an
amount not exceeding $2,500 or a maximum penalty by a fine not exceeding
$10,000.
[N.J.S.A. 40:49-5; 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.
[N.J.S.A. 40:49-5; New]
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; New]
Any person who is convicted of violating this Code or any 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
or Code provision the Borough Council may waive the additional fine
by ordinance or resolution.
[N.J.S.A. 40:49-5; 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
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; New]
If the Borough Council imposes a fine in an amount greater than
$1,250 upon an owner for violations of housing or zoning codes, the
Borough Council shall provide 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.
[N.J.S.A. 40:49-5; New]
If provided by specific ordinance, each and every day in which
a violation of any provision of this Code or any other ordinance of
the Borough of Elmer 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.
[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 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]
It shall be the duty of the Municipal Clerk or someone authorized
and directed by the Municipal Clerk to keep up-to-date the certified
copy of the book containing "The Elmer Borough Code, 2014" required
to be filed in the Office of the Clerk for the use of the public.
All changes in the Code and all ordinances adopted by the Borough
Council subsequent to the adoption of the Code, which the Borough
Council 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 Elmer Borough
Code, at which time such supplements shall be inserted therein.
[New]
Any and all additions, amendments or supplements to the Elmer
Borough Code, County of Salem, State of New Jersey, when passed and
adopted in such form as to indicate the intention of the Borough Council
for them to be a part thereof, shall be deemed to be incorporated
into such Code, so that reference to the "Elmer Borough Code, County
of Salem, State of New Jersey," shall be understood and intended to
include such additions and amendments. Whenever such additions, amendments
or supplements to the Elmer Borough Code, County of Salem, State of
New Jersey, shall be adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
the Code, as amendments and supplements thereto.
[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 the Borough of Elmer to be misrepresented by such action. Anyone violating this provision shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5.