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]
This Chapter and the following chapters constitute and shall
be designated as the "Code of Princeton, New Jersey, 2013," and may
be so cited.
[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.
