The book shall be known and may be cited as "The Code of the Township of Montgomery, 1984," and may be so cited.
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 following definitions shall be used in the Code:
- Shall mean an individual, appointed by the Mayor to assist a committee, commission or board of the Township in any of its functions. An advisor shall have no voting rights. Advisor shall also mean associate member.
- CLERK OR TOWNSHIP CLERK
- Shall mean the Municipal Clerk duly appointed pursuant to law.
- Shall mean the County of Somerset.
- Shall mean the calendar days.
- Shall mean an organizational unit of the government established or designated by ordinance or otherwise, together with any agency or instrumentality of the government assigned to such organizational unit by the township committee.
- Shall mean licensed in accordance with the appropriate section or chapter of this Code.
- Shall mean 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 Montgomery followed it.
- Shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, 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 of a part of such building or land.
- Shall mean 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 or personal representatives of any kind thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- PERSONAL PROPERTY
- Shall mean 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
- Shall mean next before and next after, respectively.
- Shall mean real and personal property.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the township.
- REAL PROPERTY
- Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
- Shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- Shall include an 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. Street shall be considered to include a sidewalk or footpath, unless the contrary is expressed or unless such construction is inconsistent with the apparent intent.
- 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.
- Shall mean the Township of Montgomery in the County of Somerset and State of New Jersey.
- TOWNSHIP COMMITTEE OR COMMITTEE
- Shall mean the Mayor and Committee of the Township.
- Shall mean seven days.
- Shall mean a calendar year unless otherwise specifically provided.
For the purposes of this Code 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, 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 the citation.
"Chapter" shall mean one of the major divisions of the revisions identified by an Arabic 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 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.
[New; Ord. #88-594, S1; Ord. #02-1055, S1]
Except as hereinafter provided, whenever in this Code or in any other ordinance of the Township or in any rule, regulation or order promulgated pursuant to such Code or other ordinance of the Township, any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or such other Township ordinance, rule, regulation or order the doing of any act is required or the failure to do an act is declared to be unlawful, where no specific penalty is provided therefor, the violator of any such provision of this Code or any ordinance of the Township or any rule, regulation or order promulgated pursuant to such Code or other Township ordinance shall be punished by a fine not exceeding $1,250, by imprisonment for a period not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days or by a combination of such fine, imprisonment and/or community service. In addition, any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, may, in the discretion of the Court, be sentenced by the Court to an additional fine as a repeat offender pursuant to the provisions of N.J.S.A. 40:49-5.
Whenever any provision of State statute limits the authority of the Township to punish the violation of this Code or other Township ordinance, rule, regulation or order promulgated pursuant thereto to a fine of less amount than that provided in this section or imprisonment for a shorter period than that provided in this section, then the violation of such particular provision of this Code or other Township ordinance, rule, regulation or order shall be punished by the imposition of not more than the maximum fine or imprisonment so authorized or by both such fine or imprisonment.
Each day any violation of this Code or other Township ordinance, rule, regulation or order promulgated pursuant thereto shall constitute a separate offense, unless otherwise provided.
Whenever any fine is imposed upon any corporation, such fine and any costs and charges incident thereto may be collected in an action of debt or in such other manner as may be provided by law.
The provisions appearing in this Code, so far as they are the same in substance as those of ordinances existing at the time of the effective date of this Code, shall be considered continuations thereof and not as new enactments.