[Adopted 12-16-1975 by Ord.
No. 1046 as Ch. I of the Revised General Ordinances]
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 following terms shall have the meanings indicated:
The Borough of Bergenfield in the County of Bergen and State of New
Jersey.
The Mayor and Councilmen of the Borough.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the Borough government established or designated
by ordinance or this Code as a department, together with any agency or instrumentality
of the Borough government assigned to such organizational unit by the Borough
Council.
Licensed in accordance with the appropriate section or chapter of
this Code.
A calendar month unless otherwise specifically provided.
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.
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 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.
A calendar year unless otherwise specifically provided.
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 singular number includes the plural and the plural,
the singular.
D.
"Shall" is mandatory and "may" is permissive.
E.
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.
F.
"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.
G.
Whenever a specific time is used in this Code, it shall
mean the prevailing and establishing time in effect in the State of New Jersey
during any day in any year.
A.
Conflicts within Code. In the event there is a conflict
between any provision of this Code or any code adopted herein and any other
provision of this Code or any other code adopted herein, the greater, more
extensive or most restrictive provision shall govern.
B.
Conflicts between Code and other regulations. In the
event there is a conflict between any provision or code adopted in this Code
and other statute, regulation, private deed restriction or any other applicable
county, state or federal law, the greater, more extensive or most restrictive
provision shall govern, to the extent permitted by law.
C.
Persons responsible for enforcement and administration;
conflicts. In the event there is a conflict between any of the provisions
in the Building Code, the Basic Housing-Property Maintenance Code or the two
Fire Prevention Codes adopted in this Code[1] with respect to the Borough officials or officials charged with
the responsibility of enforcing and administering such codes, the Chief of
the Fire Department and the members of the Fire Prevention Bureau shall be
deemed to be the Borough officials having primary authority to enforce and
administer all such conflicting provisions involving firematics and fire prevention,
and the Building Inspector shall be deemed to be the Borough official having
primary authority to enforce and administer all provisions involving construction,
other than firematic and fire prevention matters.
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.
