[Ord. No. 3-96]
This book shall be known as "The Revised General Ordinances
of the Borough of South Bound Brook (1993)," and may be cited as "The
Code" or "The Code of the Borough of South Bound Brook."
[Ord. No. 3-96]
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:
BOROUGH
Shall mean the Borough of South Bound Brook in the County
of Somerset and State of New Jersey.
DEPARTMENT
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this revision as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
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 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.
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 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 of personal representatives of any thereof
in any capacity, acting either for himself or for any other person,
under either personal appointment or pursuant to law.
PROPERTY
Shall mean real and personal property.
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 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 a street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert, side-walk and crosswalk,
and every class of road, square, place or municipal parking field
used by the general public.
TENANT OR OCCUPANT
Applied to a building or land shall include any person who
occupies the whole or a part of such buildings or lands, either alone
or with others.
WEEK
Shall mean seven days.
YEAR
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. No. 3-96]
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, or a legal holiday, 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.
"Chapter" shall mean one of the major divisions of the revision,
identified by an Arabic number 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.
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.
[Ord. No. 3-96]
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.
[N.J.S.A. 40:49-5; New; Ord. No. 2002-06]
Any person who shall violate any provision of the Code or other
ordinance of the Borough, where no specific penalty is provided regarding
the section violated, shall, upon conviction thereof, be punishable
by one or more of the following: A fine not exceeding $1,250 or imprisonment
for a period of 90 days or to a period of community service not exceeding
90 days at the direction of the Judge of the Municipal Court.
[Ord. No. 3-96]
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. 3-96]
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 Borough Council may waive the additional fine by ordinance or
resolution.
[Ord. No. 3-96]
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/she 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. 3-96]
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.
[Ord. No. 3-96]
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. 3-96]
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the Borough Council to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Borough of South Bound Brook" shall be understood and intended to
include such additions and amendments. Whenever such additions, amendments
or supplements to the Code 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.
[Ord. No. 3-96]
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 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 subsequent to the effective date of this codification,
which shall be adopted specifically as part of the Code, when finally
adopted, shall be included therein by reference until such changes
or new ordinances are printed as supplements to the Code book, at
which time such supplements shall be inserted therein.
[Ord. No. 3-96]
Copies of the Code book containing the Code may be purchased
from the Borough Clerk upon the payment of a fee to be set by resolution
of the Borough Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
[Ord. No. 3-96]
It shall be unlawful to improperly change or amend, by additions
or deletions, any part or portion of the Code, or to alter or tamper
with this Code in any manner whatsoever which will cause the law of
the Council to be misrepresented thereby.