[Adopted 11-24-1998 by Ord. No. 98-13 as § 1-15 of the 1998 Code]
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 terms listed below shall have the following meanings:
- ADVICE AND CONSENT
- The majority vote of a quorum of the Council, but in no case less than two affirmative votes. If advice and consent is not granted, the Mayor shall have the right to resubmit the matter to Council.
- BUSINESS ADMINISTRATOR
- The individual who supervises the administration of each of the departments, in accordance with Chapter 4, Article IV, of this Code.
- The Mayor-Council plan of government pursuant to the Optional Municipal Charter Law (also known as the "Faulkner Act"), N.J.S.A. 40:69a-1 et seq., as amended and supplemented
- CLERK or MUNICIPAL CLERK
- The Municipal Clerk appointed pursuant to N.J.S.A. 40A:9-133 et seq. and Chapter 4, Article III, of this Code.
- The ordinances of the Township of Ewing of a general and permanent nature as set forth in this Code book.
- TOWNSHIP COUNCIL
- The elected legislative branch of the Township government, as described in Chapter 4, Article I, of this Code.
- One of the administrative departments or organizational units of the Township as set forth in Chapter 4, Article IV, of this Code.
- The head of a department appointed by the Mayor with the advice and consent of the Council.
- GENERAL LAW
- Any law or provisions of law not inconsistent with the Optional Municipal Charter Law heretofore or hereafter enacted, which is by its terms applicable or available to all municipalities and the following additional laws, whether or not such additional laws are so applicable or available to all municipalities: legislation relating to taxation, local courts, health, public authorities serving more than one municipality, and municipalities in unsound financial condition.
- The chief executive officer of the Township as described in Chapter 4, Article II, of this Code.
- Any act of local legislation heretofore or hereafter adopted, including this Code, so long as it shall have been adopted in accordance with the procedures set forth by state law for the adoption of ordinances. An ordinance shall also mean an act or regulation of the Council required to be reduced to writing and read at more than one meeting thereof and published pursuant to N.J.S.A. 40:49-1 et seq.
- Any corporation, firm, partnership, association, organization or any other entity, as well as an individual.
- The President of the Council.
- A majority of the whole number of the members of Council.
- Any act or regulation of the Council required to be reduced to writing but which may be finally passed at the meeting at which it is introduced.
- ROLL CALL VOTES
- The votes upon every motion, resolution or ordinance by yeas and nays as entered on the minutes of each meeting.
- The Township of Ewing in the County of Mercer and State of New Jersey.
Word usage. For the purpose of this Code and any other ordinance or resolution heretofore or hereafter adopted, except as the context may otherwise require:
"Shall" is mandatory and "may" is permissive.
The time within which an act is to be done shall be computed by excluding the first day and including the last day, and, if the last day is a Saturday, Sunday or a legal holiday, that day(s) shall be excluded and the next following working day shall be the last day.
Until the effective date of the inclusion of the revised general ordinances and Board of Health ordinances into this Code, all references therein to the "Township Council" shall be construed as follows: Unless the explicit terms and context of the ordinance provision require a contrary construction, any administrative or executive functions assigned to the "Township Council" shall be exercised by the Mayor, and any legislative and investigative functions assigned to the "Township Council" shall be exercised by the Township Council. Those shall be exercised pursuant to the procedures set forth in Chapter 4 of this Code, unless other procedures are required by the specific terms of the Charter or general law.
"Writing" and "written" include any printed, typewritten, computer-generated and any other mode of communication using paper or similar material which is in general use, including but not limited to data sheets, data processing cards, photographic negatives, phonorecords, tape recordings, wire recordings, transcripts of recordings, as well as legible handwriting.
The feminine shall include the masculine, and the masculine shall include the feminine.