[1975 Code § 1-1]
This book shall be known and may be cited as "The Revised General Ordinances of the Borough of South Toms River, 2008," and is herein referred to as the "Revision" or "Code."
[1975 Code § 1-2; New]
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:
- Shall mean the Borough of South Toms River in the County of Ocean and State of New Jersey.
- BOROUGH COUNCIL OR COUNCIL
- Shall mean the elected Council of the Borough which is the local legislative body of the Borough of South Toms River.
- CLERK, MUNICIPAL CLERK OR BOROUGH CLERK
- Shall mean the Municipal Clerk duly appointed pursuant to law.
- Shall mean the County of Ocean.
- Shall mean calendar days.
- 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.
- GOVERNING BODY
- Shall mean the Mayor and Council members of the Borough of South Toms River.
- Shall mean licensed in accordance with the appropriate section or chapter of this Revision.
- Shall mean a calendar month unless otherwise specifically provided.
- Shall mean of or pertaining to the Borough of South Toms River.
- Shall mean the Borough of South Toms River in the County of Ocean, State of New Jersey.
- NEW JERSEY STATUTES OR N.J.S.A.
- Shall mean the current body of statutory law of the State of New Jersey which contains the general and permanent laws, as amended and supplemented.
- 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."
- Applied to a building or land shall mean and include any person who occupies the whole or part of such building or land, whether alone or with others.
- OFFICER OR OFFICIAL
- And the title of an officer or official shall be construed as if the words "of the Borough of South Toms River" followed it.
- Shall mean any act of local legislation heretofore or hereafter adopted, and including this Revision, 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, and shall include amendments thereto.
- Shall mean any sole owner, 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, corporations or any other legal entity, the word includes officers, managers, agents or employees thereof who are responsible for any violation of that section.
- PRECEDING AND FOLLOWING
- Shall mean next before and next after, respectively.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- 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 and which is within the jurisdiction and control of the Borough, and which is or may be in general use by all citizens, and which all have an equal right of passage and repassage at will.
- 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.
- REVISED GENERAL ORDINANCES
- Shall mean the Revised Ordinances of the Borough of South Toms River, New Jersey.
- 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 the State of New Jersey.
- Shall include a street, 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.
- Shall mean seven days.
- Shall mean a calendar year unless otherwise specifically provided.
[1971 Code § 1-3]
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 and 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, 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.
[1975 Code § 1-3; New]
"Chapter" shall mean one of the major divisions of the Revision, identified by Arabic numbers and divided by subject matter.
"Section" shall mean a major subdivision of a chapter, identified by Arabic numerals.
"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.
"Article" shall mean a division of a chapter for clarity when needed. Various sections may be included within an Article.
[1975 Code § 3-1; Ord. No. 6-88 § 1; N.J.S.A. 40:49-5]
For violation of any provision of this Code or any other ordinance of the Borough of South Toms River, 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: 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 $2,000; or by a period of community service not exceeding 90 days.
Unlawful Solid Waste Disposal. The Borough hereby prescribes 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.
[1975 Code § 3-1.4]
The Borough Council hereby prescribes 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 imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or such ordinance.
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.
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 municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
If the Borough chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the borough shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall 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 thirty-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.
[1975 Code § 3-1.2]
It is 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.
[1975 Code § 3-1.3]
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.
[1975 Code § 1-4]
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.
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 Revised General Ordinances of the Borough of South Toms River, 2008" required to be filed in the Office of the 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 Revision, which the Borough Council shall adopt specifically as a part of the Revision, shall, when finally adopted, be included herein by reference until such change or new ordinances are printed as supplements to the Revised General Ordinances, at which time such supplements shall be inserted therein.
Any and all additions, amendments or supplements to the Revised General Ordinances of the Borough of South Toms River, County of Ocean, 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 "Revised General Ordinances of the Borough of South Toms River, County of Ocean, State of New Jersey," shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code of the Borough of South Toms River, County of Ocean, 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.
Copies of the Code book containing the "Revised General Ordinances of the Borough of South Toms River, 2008," may be purchased from the Municipal 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.
It shall be unlawful for anyone to improperly change, amend or alter the Borough Code, without authorization as provided by law, for the purpose of causing the law of the Borough of South Toms River to be misrepresented by such action. Anyone violating this provision shall, upon conviction, be liable to the penalty stated in Section 1-5 of this chapter.