[New]
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."
[New]
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:
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.
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.
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.
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.
Next before and next after, respectively.
Real property.
Severally be construed to mean any and every public ground,
public square, public park or other public place within the Township.
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.
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.
The local legislative body of the Township, constituted and
elected pursuant to the Charter.
Seven days.
A calendar year unless otherwise specifically provided.
[New]
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.
|
[New]
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.
[1]
Editor's Note: Penalty provision taken from N.J.S.A.
40:49.5.
[New]
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.
[New]
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.
[New]
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.
|
[New]
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.
[New]
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.
[New]
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.
[Ord. No. 10/23/67, § 1-6; 1967 Code § 1-7]
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.
[Ord. No. 10/23/67, § 1-7; 1967 Code § 1-7]
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.
