The book shall be known and may be cited as "The Revised General Ordinances of the Borough of Spring Lake Heights, 1987," and is herein referred to as the "Revision" or "Code".
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 Spring Lake Heights in the County of Monmouth and State of New Jersey.
- BOROUGH COUNCIL OR COUNCIL
- Shall mean the local legislative body of the Borough, constituted and elected pursuant to New Jersey Statutes.
- CLERK OR BOROUGH CLERK
- Shall mean the Municipal Clerk duly appointed pursuant to law.
- Shall mean an organizational unit of the government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the Borough Council.
- 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 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.
- 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.
- 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 a calendar year unless otherwise specifically provided.
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, 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 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 Revision 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.
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 or paragraphs of this Revision.
[N.J.S.A. 40:49-5; New; Ord. #3-2006, § 1]
Ordinance and Code Penalties. Any person who shall violate any provision of this Code or other ordinance of the Borough, where no specific penalty if provided regarding the section violated, shall, upon conviction thereof, be punishable by one or more of the following: a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or by a period of community service not exceeding 90 days.
Housing and Zoning Code Penalties. Prior to the imposition of a fine of $2,000, the owner shall be granted 30 days to cure or abate the condition as well as have an opportunity for a hearing before a court of competent jurisdiction. If, at the end of the thirty-day period, a court determines that the owner remains in violation of the municipal ordinance, or, upon reinspection of the property, it is determined that the abatement has not been substantially completed, a fine up to $2,000 may be imposed.
Except as otherwise provided, 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 every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
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. (N.J.S.A. 40:49-5)
[Ord. #2-1966, § 59-1]
This section shall be known and cited as "The Official Map Ordinance of the Borough."
[Ord. #2-1966, § 59-3; Ord. #8-1988]
The map entitled, "Official Map — Borough of Spring Lake Heights, Monmouth County, New Jersey, dated as revised February 1988, prepared by Leon S. Avakian, Borough Engineer," is hereby designated as the "Official Map of the Borough of Spring Lake Heights, Monmouth County, New Jersey," in accordance with N.J.S.A. 40:55-1.30 to N.J.S.A. 40:55-1.42 inclusive.
[Ord. #2-1966, § 59-4]
A copy of the map shall be available for public inspection in the Borough offices during normal business hours.