[Ord. No. 04-30]
This book shall be known and may be cited as the "Revised General
Ordinances of the Borough of Tenafly, 2004," and is herein referred
to as the "Revision" or the "Code."
[Ord. No. 04-30]
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:
ADMINISTRATOR
Shall mean the Municipal Administrator of the Borough duly
appointed pursuant to N.J.S.A. 40A:9-137.
BOROUGH
Shall mean the Borough of Tenafly in the County of Bergen
and the State of New Jersey.
DAYS
Shall mean calendar days.
DEPARTMENT
Shall mean an organizational unit of the Borough government
established or designated by law 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 Tenafly.
LICENSED
Shall mean licensed in accordance with the appropriate section
or Chapter of this Revision.
MONTH
Shall mean a calendar month unless otherwise specifically
provided.
MUNICIPALITY
Shall mean the Borough of Tenafly in the County of Bergen,
State of New Jersey, and any corporate successor thereto.
OFFICER OR OFFICIAL
And the title of an Officer or Official shall be construed
as if the words of the Borough of Tenafly followed it.
ORDINANCE
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.
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 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 person representative of any thereof
in any capacity, acting either for himself/herself or for any other
person, under either personal appointment or pursuant to law.
RESOLUTION
Shall mean an action expressing the sense or will of the
Borough Council 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.
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.
[Ord. No. 04-30]
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 the revision
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.
[Ord. No. 04-30]
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.
[Ord. No. 04-30]
For violation of any provision of this Code or other ordinance
of the Borough of Tenafly, 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 $1,250; or by a period of community service
not exceeding 90 days.
[Ord. No. 04-30]
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. 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.
[Ord. No. 04-30]
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 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,
the Council may waive the additional fine by ordinance or resolution.
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 Borough, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[Ord. No. 04-30]
When specifically provided by ordinance, 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.
[Ord. No. 04-30]
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.
[Ord. No. 04-30]
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 Revised General Ordinances of the Borough
of Tenafly, 2004" required to be filed in the office of the Borough
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 therein by reference
until such changes or new ordinances are printed as supplements to
the Code, at which time such supplements shall be inserted therein.
[Ord. No. 04-30]
Copies of the Code book containing the "Revised General Ordinances
of the Borough of Tenafly, 2004" may be purchased from the Borough
Clerk upon the payment of a fee to be set by resolution of the Governing
Body, who may also arrange, by resolution, for procedures for the
periodic supplementation thereof.
[Ord. No. 04-30]
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code, or to
alter or tamper with such Code in any manner whatsoever, which will
cause the law of the Borough of Tenafly to be misrepresented thereby.