[Ord. No. 2014-7 Exh. A]
This Chapter and the following chapters constitute and shall be designated as the "Code of Princeton, New Jersey, 2013," and may be so cited.
Editor's Note: This Chapter 1 to be adopted as Chapter 1 of the Princeton Code. This Chapter 1 adopted by Ord. No. 2014-7 supersedes prior Code Chapter 1 containing Ord. Nos. 91-14, 2001-3, 2006-4.
[Ord. No. 2014-7 Exh. A]
In the construction of this Code and of all other Princeton ordinances, words and phrases shall be read and construed with their context and shall, unless inconsistent with the manifest intent of the governing body or unless another or different meaning is expressly indicated, be given their generally accepted meaning according to the approved usage of the language. Technical words and phrases and words and phrases having a special or accepted meaning in the law shall be construed in accordance with such technical or special and accepted meaning.
In such construction, the following words and phrases shall have the meanings herein given:
The words "the Code" or "this Code" shall mean the Code of Princeton, New Jersey 2013.
Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.
The words "council" or "mayor and council" shall mean the council or mayor and council of Princeton.
The words "county," "the county" or "this county" shall mean the County of Mercer.
Words importing gender shall apply to females as well as to males, and to bodies corporate, partnerships, limited partnerships and associations, foreign and domestic, as well as to individuals.
Governing Body shall mean the council, unless the context requires the meaning mayor and council.
The word "month" shall refer to a calendar month.
The word "municipality" shall mean Princeton, a municipal corporation of the State of New Jersey.[1]
Words used in the singular number shall include the plural, and words used in the plural number shall include the singular number.
The word "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 construed to be equivalent to the words "affirm" and "affirmed."
The words "officer" or "official," and the title of an officer or official, shall be construed as if the words "of Princeton" followed them.
The following definitions apply only in connection with the procedures set forth in Chapter 2 of this Code which specifically address the appointment, hiring, promotion, discipline, suspension or discharge (as applicable) of subordinate officers and employees of the municipality: the word "officer" shall apply only to the mayor and council members; the term "subordinate officer" shall apply to (a) the holder of an office created or recognized by state law, including but not limited to the administrator, attorney, prosecutor, public defender, construction official, subcode officials and engineer, and (b) the holder of an office established by the council who is responsible for performing a permanent municipal function; and the word "employee" shall mean a person employed directly by Princeton.
The word "owner" shall include 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 a building or land.
The word "person" shall include corporations, companies, clubs, societies, firms, partnerships, associations, organizations and any other group or entity acting as a unit, as well as an individual.
The words "preceding" and "following" shall mean next before and next after, respectively.
The word "Princeton" shall mean Princeton, a municipal corporation of the State of New Jersey, in Mercer County, New Jersey.
The word "shall" is mandatory; the word "may" is permissive.
The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.
The words "state," "the state" or "this state" shall mean the State of New Jersey.
The word "street" shall mean and include public highways, roads, avenues, courts, public lanes, alleys and sidewalks.
The words "tenant" or "occupant," 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.
Words used in the past or present tense include the future, as well as the past and present.
The word "week" shall mean a calendar week.
The words "writing" and "written" shall include printing and any other mode of representing words, letters and figures.
[1]
Editor's Note: The municipality was formed on January 1, 2013, in accordance with N.J.S.A. 40A:60-1 et seq.
[Ord. No. 2014-7 Exh. A]
The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
[Ord. No. 2014-7 Exh. A]
The catchlines of the several sections of this Code are intended as mere catch-words to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, neither as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
[Ord. No. 2014-7 Exh. A]
Each section of this Code is hereby declared to be a separate section, and the determination of any section or part thereof to be void shall not affect the validity of any other section or part thereof.
[Ord. No. 2014-7 Exh. A]
(a)
General Penalty. Whenever in this Code, or in any other ordinance or resolution or in any rule, regulation or order promulgated pursuant to this Code or other ordinance of the municipality, any act which is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code or in such other ordinance, rule, regulation, resolution or order, the doing of any act is required or the failure to do any act is declared to be unlawful or an offense (and where no specific penalty is provided therefor), the violation of any such provision of this Code or of any other ordinance, rule, regulation, resolution or order, or of any rule, regulation or order promulgated pursuant to this Code, shall be punished by one or more of the following, unless specifically exempted from these penalties as provided in the ordinances: a fine not exceeding $2,000; imprisonment for a period not to exceed 90 days; or performance of community service for a period not exceeding 90 days.
(b)
Repeat Violations. Any person who is convicted of violating this Code or any other ordinance or resolution or any other rule, regulation or order promulgated pursuant to this Code or other ordinance within one year of the date of a previous violation of the same provision, and who was fined for that 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 be neither less than the minimum nor more than the maximum fine fixed for a violation of the provision, but shall be in addition to but calculated separately from the fine imposed for the current violation of the provision.
(c)
Alternate Penalties under Certain Circumstances. Whenever any provision of the New Jersey Revised Statutes limits the authority of the municipality to punish the violation of any particular provision of this Code or other ordinance, rule, regulation, resolution or order promulgated pursuant thereto to a fine of less amount than that provided in this section, imprisonment for a shorter term than that provided in this section or community service for a shorter term than that provided in this section, then the violation of such particular provision of this Code or other ordinance, rule, regulation, resolution or order shall be punished by the imposition of not more than the maximum fine, imprisonment and/or community service so authorized.
(d)
Minimum Penalty. The council may prescribe in any particular ordinance that for violation of that ordinance a minimum penalty shall be imposed which shall consist of a fine fixed at an amount not exceeding $100.
(e)
Continuing Violations. Each day any violation of this Code or any other ordinance, rule, regulation, resolution or order promulgated pursuant thereto shall continue or shall have continued shall constitute a separate offense, unless otherwise provided in the subject Code, ordinance, rule, regulation, resolution or order. Any person convicted of violating this Code or any ordinance or resolution or any other rule, regulation or order promulgated pursuant to this Code or other ordinance, and who is in default of the payment of any fine imposed for the violations may, in the court's discretion, be imprisoned for a term not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.