[New]
This book shall be known and may be cited as "The Code of the
Borough of Brielle, 1988", and may be so cited.
[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 following definitions
shall be used in the Code:
BOROUGH
Shall mean the Borough of Brielle in the County of Monmouth
and State of New Jersey.
COUNTY
Shall mean the County of Monmouth.
DAYS
Shall mean calendar days.
DEPARTMENT
Shall mean an organizational unit of the government established
or designated by ordinance or otherwise, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Governing Body.
GOVERNING BODY
Shall mean the Mayor and Council of the Borough of Brielle.
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.
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.
OFFICER OR OFFICIAL
And the title of an officer or official shall be construed
as if the words of the Borough of Brielle followed it.
ORDINANCE
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, 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.
OWNER
When applied to a building or land shall include any part
owner, any corporation, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety, of the whole or of a part
of such building or land.
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 or personal representatives of any kind
thereof in any capacity, acting either for himself or for any other
person, under either personal appointment or pursuant to law.
PERSONAL PROPERTY
Shall mean goods and chattels, rights and credits, moneys
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 the subject
of ownership.
PROPERTY
Shall mean real and personal property.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
SIDEWALK
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
STREET
Shall include an 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. Street shall be considered to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
TENANT OR OCCUPANT
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.
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 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 Borough 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 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
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 Code
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 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 Revision.
[New]
For violation of any provision of this Code, or other ordinance
of the Borough of Brielle, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be one or more of the following:
a fine not exceeding $1,250 for each and every offense or imprisonment
in the County Jail for not more than 90 days, or to a period of community
service not exceeding 90 days, at the discretion of the Municipal
Court Judge.
[New; amended 10-26-2020 by Ord. No. 1095]
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the Borough exists shall constitute a separate violation. The Borough
shall not be required to issue a separate Notice of Violation for
each and every day that a violation of the Code exists and any monetary
fine imposed for the initial violation of any provision of this Code
will continue to accumulate daily in the same amount for each and
every day in which the violation continues to exist.
[New]
The maximum penalty stated in the general penalty clause of
this section is not intended to state an appropriate penalty for each
and every violation. Any lesser penalty, including a nominal penalty
or no penalty at all, may be appropriate for a particular case or
a particular 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.
[New]
It shall be the duty of the Borough Clerk or someone authorized
and directed by the Clerk to keep up-to-date the certified copy of
the book containing "The Code of the Borough of Brielle, 1988" required
to be filed in the office of the Borough Clerk for the use of the
public. All changes in the Revision and all ordinances adopted by
the Borough Council subsequent to the adoption of the Code, which
the Governing Body shall adopt specifically as a part of the Code,
shall, when finally adopted, be included therein by reference until
such change or new ordinances are printed as supplements to the Code,
at which time such supplements shall be inserted therein.