[Adopted 10-5-1978 by Ord. No. 2335 as Ch. 1 of the 1978
Revised General Ordinances]
In the construction of the Code of the City of Englewood, and
of all other ordinances of the City, words and phrases shall be read
and construed within their context, and shall, unless inconsistent
with the manifest intent of the ordinance or unless another or different
meaning is expressly indicated, be given their generally accepted
meaning, according to the approved usage of the language. Technical
words and phrases, and words and phrases having a special or accepted
meaning in the law, shall be construed in accordance with such technical
and accepted meaning.
Unless otherwise expressly provided, or unless there is something
in the subject or context repugnant to such construction, or unless
inconsistent with the manifest intent of the ordinance, the following
words and phrases when used in the Code of the City of Englewood or
in any other ordinance of the City, shall have the meaning herein
given:
A.
CITY
CITY JAIL
COUNCIL
COUNTY
COUNTY JAIL
GOVERNING BODY
LEGAL HOLIDAY
MONTH
MUNICIPAL
MUNICIPALITY
NEW JERSEY ADMINISTRATIVE CODE or N.J.A.C.
NEW JERSEY STATUTES or N.J.S.A.
OATH
OCCUPANT
OWNER
PERSON
PERSONAL PROPERTY
PROPERTY
PUBLIC GROUND, PUBLIC SQUARE or PUBLIC PLACE
REAL PROPERTY
SIDEWALK
STATE
STREET
TENANT or OCCUPANT
WEEK
WRITING and WRITTEN
YEAR
Definitions.
Unless otherwise expressly provided, or unless there is something
in the subject or context repugnant to such construction, or unless
inconsistent with the manifest intent of the ordinance, the following
words and phrases when used in the Code of the City of Englewood or
in any other ordinance of the City, shall have the meaning herein
given:
The City of Englewood.
A place provided by the City of Englewood for detention of
prisoners.
The City Council of the City of Englewood.
The County of Bergen.
The county jail of the County of Bergen.
The City Council of the City of Englewood.
The day in each year designated by the State of New Jersey
as public holidays pursuant to the provisions of N.J.S.A. 36:1-1,
including New Year's Day, the birthday of Martin Luther King,
Jr., Lincoln's Birthday, Washington's Birthday, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, General Election
Day, Veterans Day, Thanksgiving Day, and Christmas Day, but excluding
Saturdays and Sundays generally.
[Added 12-3-1985 by Ord. No. 85-51]
A calendar month.
Pertains to the City of Englewood.
The City of Englewood.
The official instrument of the state for codification of
its rules.
That body of statutory law containing revisions of the Revised
Statutes of New Jersey and known as the New Jersey Statutes, as amended
and supplemented.
[Amended 4-24-2012 by Ord. No. 12-14]
Includes "affirmation"; and "swear" and "sworn" include "affirm"
and "affirmed."
See definition of "tenant."
Includes sole owner and any part owner, joint owner, tenant
in common, tenant in partnership, joint tenant, or tenant by the entirety,
of the whole or part of a building or land, or personal property.
Includes corporations, companies, societies, firms, partnerships,
associations, organizations and any other group or entity acting as
a unit, as well as an individual.
Includes goods and chattels, rights and credits, moneys and
effects, evidences of debt, choses in action and all written instruments
by which any right to, interest in, lien or encumbrance upon, property
or any debt or financial obligation is 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.
Includes real and personal property.
Any and every public ground, public square, public park,
public street, public sidewalk and public thoroughfare of any kind
and every other public place within the City which is within the jurisdiction
and control of the City.
Includes lands, tenements and hereditaments, all rights thereto
and interest therein.[1]
Any portion of a street or highway between the curbline or
the lateral line of a shoulder, or, if none, the lateral line of the
roadway, and the adjacent property line, intended for the use of pedestrians.
The State of New Jersey.
Includes highways, roads, avenues, boulevards, courts, public
lanes, alleys, sidewalks, footpaths and all other public highways
for vehicular or pedestrian travel.
Applied to a building or land, includes any person who occupies
the whole or part of such building or land, whether alone or with
others.
Seven days.
Except as to signatures, includes printing and any other
mode of representing words, letters and figures.
A calendar year.[2]
[1]
Editor's Note: The definitions of “Revised General Ordinances
or R.G.O.,” “Revised Ordinance or R.O.” and “Revised
Statutes or R.S.,” which immediately followed this section,
were repealed 4-24-2012 by Ord. No. 12-14.
B.
Word usage.
(1)
Gender.
Words importing the masculine gender shall apply to females as well
as to males, and to partnerships, limited partnerships, associations,
corporations, and other artificial persons.
(2)
Officer
or official. The title of an officer or official, shall be construed
as if the words, "of the City of Englewood" followed it.
In the construction of the Code of the City of Englewood or
any part thereof, no analysis of any chapter or part thereof, no cross-reference
or cross-reference note, no indication of a source by parenthetical
material after a section, no note, no footnote, and no section heading,
shall be deemed to be part of the Code.
Whenever an ordinance that repeals an earlier ordinance or part
thereof is itself repealed, such repeal shall not revive the former
ordinance or part thereof, unless specific provision is made therefor.
A.
Establishment. The Seal heretofore provided and used by and for the
City is hereby established and continued as the Seal of the City.
B.
Description. The following is a statement of explanation and description
of said Seal:
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The City Seal is two inches in diameter, consisting of two concentric
circles, and in the outer circle are the words "The City of Englewood,"
and the letters "N.J." at the bottom, between stars. In the inner
circle, at the top of the Seal, is the word "Incorporated," and at
the bottom "March 17, 1899." In the center is an American eagle, with
spread wings—the eagle looking to its right—clutching,
in its right talon, four arrows and, in its left talon, an olive branch
with six leaves.
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[Amended 3-14-2006 by Ord. No. 06-04]
A.
Whenever no specific penalty is provided for in the Code of the City
of Englewood or in any other ordinance of the City of Englewood for
the punishment of an act which is prohibited or which is declared
to be unlawful or an offense, or for nonperformance of an act which
is required to be done, the violation of any such provision shall
be punished by one or more of the following penalties: imprisonment
in the county jail or any place provided by the municipality for the
detention of prisoners, for a term not exceeding 90 days; or by a
fine not exceeding $2,000; or by a period of community service not
exceeding 90 days; provided, however, that when the maximum penalty
fixed by an applicable state statute is less than any penalty fixed
in the Code, then the limitations of such state statute shall be applicable.
B.
Any person who is convicted of violating any ordinance within one
year of the date of a previous violation of the same ordinance and
who was fined for the previous violation shall be subject to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for a repeat offense shall not be less that the minimum
nor exceed the maximum fine fixed for a violation of the ordinance,
but shall be calculated separately from the fine imposed for the violation
of the ordinance.
C.
A separate offense shall be deemed committed on each day during or
on which a violation of Code or of any other ordinance of the City
of Englewood occurs or continues and shall be separately punishable
by imprisonment, fine or community service as herein provided.
D.
The imposition of imprisonment, a fine, or community service as punishment
for a violation of the Code or of any other ordinances of the City
of Englewood shall not be deemed to be in lieu of any other provision
therein providing for revocation or suspension of any license or permit
issued thereunder.[1]
