[New]
The book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Beachwood, 1986," and is herein referred
to as the "Revision" or "Code."
[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 local legislative body of the Borough.
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 or 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.
[New]
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.
[New]
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.
[New]
Any person who shall violate any provision of this Code or other
ordinance of the Borough, where no specific penalty is provided regarding
the section violated, shall, upon conviction thereof, be punishable
by a fine not exceeding $1,000 or imprisonment for a period not exceeding
90 days, or both, or to a period of community service not exceeding
90 days at the discretion of the Municipal Court Judge.
[New]
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.
[New]
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.
[New]
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)
