Borough of Lake Como, NJ
Monmouth County
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[1973 Code § 1-1; New; Resolution No. 2005-1]
This book shall be known and may be cited as the "Revised General Ordinances of the Borough of Lake Como, 2002," and is herein referred to as the "Revision" or the "Code."
[1]
Editor's Note: Effective January 4, 2005, the name of the Borough of South Belmar is changed to the Borough of Lake Como.
[1973 Code § 1-2; 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 definitions contained in this section shall apply:
BOROUGH
shall mean the Borough of Lake Como in the County of Monmouth, State of New Jersey.
BOROUGH COUNCIL or COUNCIL
shall mean the elected Council of the Borough of Lake Como.
CLERK or BOROUGH CLERK
shall mean the Municipal Clerk duly appointed pursuant to law.
DEPARTMENT
shall mean an organizational unit of the Borough government established or designated by Ordinance or this Revision as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
GOVERNING BODY
shall mean the Mayor and Council of the Borough of Lake Como.
LICENSED
shall mean licensed in accordance with the appropriate section or chapter of this Revision.
MONTH
shall mean a calendar month unless otherwise specifically provided.
OATH
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."
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.
OFFICER or OFFICIAL (and the title of an Officer or Official)
shall be construed as if the words "of the Borough of Lake Como" followed it.
ORDINANCE
shall mean any act of local legislation heretofore or hereafter adopted, and including this Revision, 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.
OWNER
shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.
PERSON
shall mean any corporation, firm, partnership, association, organization or other entity, as well as an individual.
PRECEDING and FOLLOWING
shall mean next before and next after, respectively.
PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
shall severally be construed to mean any and every public ground, public square, public parks, other public place or bodies of water within the Borough.
RESOLUTION
shall mean and include any act or regulation of the Borough Council required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
SIDEWALK
shall mean that portion of a street between the curbline and the adjacent property line which has been paved with concrete or other approved material and is intended for the use of pedestrians.
STREET
shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
WEEK
shall mean seven (7) consecutive days.
YEAR
shall mean a calendar year unless otherwise specifically provided.
[1973 Code § 1-3; 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 feminine gender includes the masculine 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 or a legal holiday, that day shall be excluded.
"Writing" and "written" includes printing, typewriting and any other mode of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning "or," and "or" as "and," if the sense requires and indicates such meaning.
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 this citation.
[1973 Code § 1-3]
CHAPTER
shall mean one of the major divisions of the Revision, identified by a Roman numeral, and divided by subject matter.
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 and/or Arabic number.
[1]
Editor's Note: Penalty provisions taken from N.J.S.A. 40:49.5.
[Ord. No. 2001-690; [N.J.S.A. 40:49.5]; Ord. No. 2002-710; Ord. No. 2006-766]
For violation of any provision of this Code or other ordinance of the Borough of Lake Como, 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 (1) 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 ninety (90) days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding ninety (90) days or any combination thereof.
If a violation before the court is a result of a violation of housing or zoning codes the municipality shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine of two thousand ($2,000.00) dollars or any portion thereof may be imposed if a court has not determined otherwise or upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[New]
The Borough 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 one hundred ($100.00) dollars. 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 (1) 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 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 Borough Council or Municipal Court chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, in its discretion, the Council or Court does not have to impose the additional fine.
[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/she 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 Borough, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.
[New]
When provided by specific ordinance, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough 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.
[1973 Code § 1-4]
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.
[New]
It shall be the duty of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-to-date the certified copy of the book containing "The Revised General Ordinances of the Borough of Lake Como, 2002" required to be filed in the office of the Clerk for the use of the public. All changes in the Revision and all ordinances adopted by the Borough Council subsequent to the adoption of the Revision, which the Borough Council shall adopt specifically as a part of the Revision, shall, when finally adopted, be included herein by reference until such change or new ordinances are printed as supplements to the Revised General Ordinances, at which time such supplements shall be inserted therein.