[Adopted 3-20-1990 as Sections 1-1 through 1-5 of the Revised
General Ordinances of the City of Millville 1989]
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:
The governing body of the City of Millville.
The City of Millville in the County of Cumberland and State
of New Jersey.
The municipal clerk duly appointed pursuant to law.
The County of Cumberland, State of New Jersey.
An organizational unit of the City government established
or designated by ordinance or this Code as a department, together
with any agency or instrumentality of the City government assigned
to such organizational unit by the City Council.
Laws of the State of New Jersey.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month unless otherwise specifically provided.
The official statute law of the State of New Jersey, as amended
and supplemented.
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and, in such cases, the
words "swear" and "sworn" shall be equivalent to the words "affirm"
and "affirmed."
The title of an officer or official shall be construed as
if the words "of the City of Millville" followed it.
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.
As applied to a building or land, includes 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 such building
or land.
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.
Includes real and personal property.
Any park, cemetery, school, yard or open space adjacent thereto,
and all rivers or other waterways.
The City or corporate seal.
Any portion of a street between the curb line and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
Includes a mark when the person cannot write.
The State of New Jersey.
Includes 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.
When applied to a building or land, includes any person holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
Seven days.
A calendar year unless otherwise specifically provided.
A.
For the purpose of this Code and any other ordinances
heretofore or hereafter adopted, the following definitions and rules
of construction shall be observed, except as the context may otherwise
require:
(1)
The present tense includes the past and future tenses
and the future, the present.
(2)
The masculine gender includes the feminine and neuter.
(3)
The singular number includes the plural and the plural,
the singular.
(4)
"Shall" is mandatory and "may" is permissive.
(5)
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 City are closed, that day shall be excluded.
(6)
"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.
(7)
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.
(8)
"And" may be read as "or" and "or" may be read as
"and" where the sense requires it.
(9)
All words giving a joint authority to three or more
persons or officers shall be construed as giving such authority to
a majority of such persons or officers.
(10)
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.
B.
Delegation of authority. Whenever a provision appears
requiring the head of a department of the City to do some act or make
certain inspections it shall be construed to authorize the head of
the department to designate, delegate and authorize subordinates to
perform the required act or make the required inspection unless the
terms of the provision or section designate otherwise.
C.
Interpretation. In the interpretation and application
of any provision of this Code, it shall be held to be the minimum
requirements adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any provision of this
Code imposes greater restrictions upon the subject matter than the
general provision imposed by the Code, the provision imposing the
greater restriction or regulation shall be deemed to be controlling.
D.
Name of official or officer. Whenever reference is
made to an official, board, commission, department, etc., by title
only, it shall be construed as though the words "of the City of Millville"
were added.
E.
Nontechnical and technical words. Words and phrases
shall be construed according to the common and approved usage of the
language; but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in law shall be construed
and understood according to such meaning.
F.
Preceding, following. The words "preceding" and "following"
shall mean next before and next after, respectively.
