[1973 Code § 1-1; New]
This book shall be known and may be cited as the “Code
of the Borough of Lakehurst, 2021” and is herein referred to
as the “Code” or “Borough Code.”
[1973 Code § 1-2, New]
For the purpose of this Code and in the interpretation and application
of all other ordinances heretofore or hereafter adopted, except as
the context may otherwise require, the definitions contained in this
section shall apply:
shall mean the Administrator of the Borough duly appointed
pursuant to law.
shall mean the Borough of Lakehurst in the County of Ocean,
State of New Jersey.
shall mean the duly elected Council members of the Borough.
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 the Code as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Governing Body.
shall mean the Mayor and Council of the Borough of Lakehurst.
shall mean licensed in accordance with the appropriate section
or chapter of this Code.
shall mean a calendar month unless otherwise specifically
provided.
shall mean the Borough of Lakehurst, County of Ocean, State
of New Jersey.
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.”
as applied to a building or land shall include any person
who occupies the whole or part of a building or land, whether alone
or with others.
and the title of an officer or official shall be construed
as if the words “of the Borough of Lakehurst” followed
it.
shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, so long as it shall have been adopted
by the procedure required for the adoption of an ordinance and so
long as it shall remain in force and effect pursuant to law.
shall mean 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.
shall mean any natural individual, person, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
“person” is used in any provision of this Code prescribing
a penalty or fine, as applied to partnerships or associations, corporation
or any other legal entity, the word shall include officers, managers,
agents or employees thereof who are responsible for any violations
of the provision.
shall mean goods and chattels, rights and credits, monies
and effects, evidences of debt, and all written instruments by which
any right to, interest in, or lien or encumbrances upon, property
or any debt or financial obligation as created, acknowledged, evidenced,
transferred, discharged or defeated, in whole or in part, and every
thing, except real property as herein defined, which may be subject
of ownership.
shall mean next before and next after, respectively.
shall mean real and personal property.
shall severally be construed to mean any and every public
ground, public square, public parks, other public place or bodies
of water within the Borough.
shall mean and includes lands, tenements and hereditaments,
all rights thereto and interests therein.
shall mean and include any act or regulation of the Governing
Body required to be reduced to writing, but which may be finally passed
at the meeting at which it is introduced.
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.
as 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.
shall mean seven (7) days.
shall mean a calendar year unless otherwise specifically
provided.
[1973 Code § 1-3, New]
For the purpose of this Code and any other ordinances heretofore
or hereafter adopted, except as the context may otherwise require:
a.
The present
tense includes the past and future tenses; and the future, the present.
b.
The masculine
gender includes the feminine and neuter.
c.
The feminine
gender includes the masculine and neuter.
d.
The singular
number includes the plural and the plural, the singular.
e.
“Shall”
is mandatory and “may” is permissive.
f.
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, that day shall be excluded.
g.
“Writing”
and “written” includes printing, typewriting and any other
mode of communication using paper or similar material which is in
general use, as well as legible handwriting.
h.
“And”
may be construed as meaning “or,” and “or”
as “and,” if the sense requires and indicates such meaning.
i.
Whenever
a specific time is used in this Code, it shall mean the prevailing
and established time in effect in the State of New Jersey during any
day in any year.
j.
Any citation
of a statute, law or ordinance contained in this Code shall be deemed
to refer to such statute, law or ordinance as amended, whether or
not such designation is included in the citation.
[1973 Code § 1-3, New]
CHAPTER shall mean one of the major divisions of the Code, identified
by an Arabic number, 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 and/or Arabic number.
[1973 Code § 1-5.1; Ord. No. 2002-11; Ord. No. 06-03; N.J.S.A. 40:49-5]
a.
For violation
of any provision of this Code or other ordinance of the Borough of
Lakehurst unless a specific penalty is otherwise provided in connection
with the provision violated, the maximum penalty upon conviction of
the violation shall be by one or more of the following: imprisonment
in the County Jail or in any place provided by the Borough for the
detention of prisoners for any term not exceeding ninety (90) days;
or by a fine not exceeding two thousand ($2,000.00) dollars; or by
a period of community service not exceeding ninety (90) days.
b.
Unlawful Solid Waste Disposal. The Governing Body may prescribe
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 two thousand five hundred ($2,500.00) dollars
or a maximum penalty by a fine not exceeding ten thousand ($10,000.00)
dollars.
[N.J.S.A. 40:49-5]
The Governing Body may prescribe 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 one hundred ($100.00)
dollars.
[N.J.S.A. 40:49-5]
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 in
such ordinance.
[N.J.S.A. 40:49-5]
Any person who is convicted of violating this Code or an ordinance
within one (1) year of the date of a previous violation of the same
provision of this Code or of the same ordinance and who has paid the
fine for the previous violation shall be subject 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 Governing Body chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision, the Governing Body may waive the additional fine
by ordinance or resolution.
[N.J.S.A. 40:49-5]
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
therefore, be imprisoned in the County Jail or place of detention
provided by the municipality, for any term not exceeding ninety (90)
days, or be required to perform community service for a period not
exceeding ninety (90) days.
[Ord. No. 06-03; N.J.S.A. 40:49-5]
If the Governing Body chooses to impose a fine in an amount
greater than one thousand two hundred fifty ($1,250.00) dollars upon
an owner for violations of housing or zoning codes, the Borough shall
provide a 30-day period in which the owner shall be afforded the opportunity
to cure or abate the condition which is in violation and shall also
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 30-day period, a fine greater
than one thousand two hundred fifty ($1,250.00) dollars 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.
[N.J.S.A. 40:49-5]
If provided by specific ordinance or in the Code, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Borough of Lakehurst exists shall constitute a separate
violation.
[N.J.S.A. 40:49-5]
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.
[1973 Code § 1-4]
Each section of the Code and every part of a section is an independent
section, subsection or paragraph. If any chapter, section, subsection
or paragraph of this Code 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 Code.
[New]
The provisions of this Code, so far as they are in substance
the same as those ordinances existing on the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
[N.J.S.A. 40:49-4]
It shall be the duty of the Municipal Clerk to keep up to date
the certified copy of the book containing the Code of the Borough
of Lakehurst, 2021, required to be filed in the Office of the Municipal
Clerk for use by the public. All changes in the Code and all ordinances
adopted by the Governing Body subsequent to the adoption of the Code,
which the Governing Body shall adopt specifically as a part of the
Code, shall, when finally adopted, be included herein by reference
until such change or new ordinances are printed as supplements to
the Code, at which time such supplements shall be inserted therein.
The Code, when so published and certified to by the seal of
the Borough of Lakehurst shall be received in all courts of this State
as evidence of the ordinances contained in such compilation and revision
as fully as if the original ordinances were produced.
[New]
Any and all additions, amendments or supplements to the Code
of the Borough of Lakehurst, 2021, when passed and adopted in such
form as to indicate the intention of the Governing Body for them to
be a part thereof, shall be deemed to be incorporated into such Code,
so that reference to the “Code of the Borough of Lakehurst,
2021,” shall be understood and intended to include such additions
and amendments. Whenever such additions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and,
as provided herein, inserted in the loose-leaf book containing the
Code, as amendments and supplements thereto.
[New]
The Governing Body may arrange, by resolution, for procedures
for the periodic supplementation of the Code of the Borough of Lakehurst,
2021.
[New]
It shall be unlawful for anyone to improperly change, amend or alter this Code, without authorization as provided by law, for the purpose of causing the law of Lakehurst Borough to be misrepresented by such action. Any person violating this provision shall, upon conviction, be liable to the penalty stated in Borough Code Chapter 1, Section 1-5.
