§ 1-1SHORT TITLE.
§ 1-5GENERAL PENALTY.
§ 1-5.1Maximum penalty.
§ 1-5.2Minimum penalty.
§ 1-5.3Additional fine for repeat offenders.
§ 1-5.4Default of payment of fine.
§ 1-5.5Separate violations.
§ 1-6ADDITIONS AND AMENDMENTS TO CODE.
§ 1-7SUPPLEMENTATION; TOWNSHIP CLERK'S DUTY.
This book shall be known and may be cited as "The Revised General Ordinances of the Township of Deptford, 2001", and is herein referred to as the "Revision" or "Code."
For the purpose of this Revision, and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
- CLERK OR TOWNSHIP CLERK
- The municipal Clerk duly appointed pursuant to law.
- The County of Gloucester.
- The calendar days.
- An organizational unit of the government established or designated by ordinance or this Revision as a department, together with any agency or instrumentality of the government assigned to such organizational unit by the Township Council.
- GOVERNING BODY
- The Council created and constituted pursuant to the Charter.
- Licensed in accordance with the appropriate section or Chapter of this Revision.
- The Township Manager or a designated Acting Manager appointed and serving pursuant to the Charter or Code.
- A calendar month unless otherwise specifically provided.
- 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.
- See tenant.
- OFFICER OR OFFICIAL
- And the title of an officer or official shall be construed as if the words of the Township of Deptford followed it.
- Any act of local legislation heretofore or hereafter adopted, and including this Revision, so long as it is adopted by the procedure required for the adoption of an ordinance and so long as it remains in force and effect pursuant to law.
- When applied to a building or land shall include any part owner, any corporation, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or 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.
- PERSONAL PROPERTY
- Goods and chattels, rights and credits, moneys 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 the subject of ownership.
- PRECEDING AND FOLLOWING
- Next before and next after, respectively.
- Real property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- Severally be construed to mean any and every public ground, public square, public park or other public place within the Township.
- REAL PROPERTY
- Includes lands, tenements and hereditaments, all rights thereto and interests therein.
- Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- 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.
- 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.
- The Township of Deptford in the County of Gloucester and State of New Jersey.
- TOWNSHIP COUNCIL OR COUNCIL
- The local legislative body of the Township, constituted and elected pursuant to the Charter.
- Seven days.
- A calendar year unless otherwise specifically provided.
For the purpose of this Revision and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
|The present tense includes the past and future tenses and the future, the present.|
|The masculine gender includes the feminine and neuter.|
|The singular number includes the plural and the plural the singular.|
|"Shall" is mandatory and "may" is permissive.|
|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 Township are closed, that day shall be excluded.|
|"Writing" and "written" shall include printing, type-writing and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.|
|Whenever a specific time is used in this Revision, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.|
|Any citation of a statute, law or ordinance contained in this Revision shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.|
|"Chapter" shall mean one of the major divisions of the Revision identified by a Roman numeral and divided by subject manner.|
|"Article" shall mean a division of a chapter into specific topics.|
|"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 or Arabic number.|
If any chapter, section, subsection or paragraph of this Revision 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 Revision.
For violation of any provision of this Code or other ordinance of the Township of Deptford 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 municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,250; or by a period of community service not exceeding 90 days.
The Township Council 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 $100. The court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of punishment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or such ordinance.
Any person who is convicted of violating this Code or an ordinance within one year of the date of a previous violation of the same provision of this Code or of the same ordinance and who was fined for the previous violation, shall be sentenced by a court 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 Township chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the Township may waive the additional fine by ordinance or resolution.|
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 therefor, be imprisoned in the County Jail or place of detention provided by the Township for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other Township ordinance exists shall constitute a separate violation.
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.
Any and all additions or amendments to the "Revised General Ordinances of the Township of Deptford, 2001" when passed in such form to indicate the intention of the Township of Deptford to make the same a part thereof, shall be deemed to be incorporated in the Code so that reference to the Code of the Township of Deptford shall be understood and intended to include such additions and amendments.
A certified copy of the "Revised General Ordinances of the Township of Deptford, 2001" shall be kept on file in the office of the Township Clerk. It shall be the duty of the Township Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the Township to make the same a part of the Code when the same have been printed or reprinted in page form, and to extract from the Code all provisions which may be repealed by the Township. This copy of the Code shall be available for all persons desiring to examine it and shall be considered the official Code of the Township of Deptford.