[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:
Shall mean the Borough of Elmer in the County of Salem, State of New Jersey.
Shall mean the elected Municipal Council of the Borough of Elmer.
Shall mean the Municipal Clerk duly appointed pursuant to law.
Shall mean County of Salem.
Shall mean calendar days.
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.
Shall mean the Mayor and Council of the Borough of Elmer.
Shall mean licensed in accordance with the appropriate section or chapter of this Code.
Shall mean a calendar month unless otherwise specifically provided.
Shall mean the Borough of Elmer, County of Salem, State of New Jersey.
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 Elmer" followed it.
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.
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 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.
Shall mean next before and next after, respectively.
Shall severally be construed to mean any and every public ground, public square, public park, other public place or body of water within the Borough.
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.
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.
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.
Shall mean and 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 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.