[Ord. No. 233-95]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of West Cape May, 1994," and is herein referred
to as the "Code" or "The Code of the Borough of West Cape May."
[Ord. No. 233-95]
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:
Shall mean the Mayor and Commissioners of the Borough of
West Cape May.
Shall mean the Borough of West Cape May in the County of
Cape May and State of New Jersey.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Cape May.
Shall mean the calendar days.
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 Board of Commissioners.
Shall mean the Mayor and Commissioners of the Borough of
West Cape May.
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 West Cape May, County of Cape May,
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.
See tenant.
Shall be construed as if the words of the Borough of West
Cape May followed it.
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.
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.
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 of 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.
Shall mean next before and next after, respectively.
Shall mean real and personal property.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
Borough.
Shall mean and include any act or regulation of the Board
of Commissioners required to be reduced to writing, but which may
be finally passed at the meeting at which it is introduced.
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
Shall mean the State of New Jersey.
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.
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.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. No. 233-95]
For the purposes 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 the 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, 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.
"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 Code
identified by a Roman 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 or Arabic number.
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 in-operative, 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.
[1]
Editor's Note: The penalty provisions are consistent
with N.J.S.A. 40:49-5.
[Ord. No. 233-95; Ord. No. 507-2016 § 1]
For violation of any provision of Code or any other ordinance
of the Borough of West Cape May, unless a specific penalty is otherwise
provided in connection with the ordinance violated, the maximum penalty
upon conviction of the violation shall be by one or more of the following:
1) imprisonment in the Cape May County Jail or any place provided
by the Borough for the detention of prisoners, for any term not exceeding
90 days; or 2) a fine not exceeding $2,000; or 3) a period of community
service not exceeding 90 days.
The Board of Commissioners 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. 507-2016 § 2]
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 the 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.
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.
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 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. 507-2016 § 3]
For the violation of any ordinance pertaining to unlawful solid
waste disposal, the minimum penalty shall consist of a fine not to
exceed $2,500, and the maximum penalty shall consist of a fine not
to exceed $10,000.
[Ord. No. 507-2016 § 4]
In any case where the Borough chooses to impose a fine of more
than $1,250 upon an owner for violations of housing or zoning codes,
the owner shall be afforded a 30-day period within which 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 re-inspection of the
property it is determined that the abatement has not be been substantially
completed.
Any and all additions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intent of
the Board of Commissioners 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 West Cape May" 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.
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.
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 Board of Commissioners, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
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 Board of Commissioners to be misrepresented thereby.
