[New]
The book shall be known and may be cited as "The Code of the
Township of Montgomery, 1984," and may be so cited.
[New]
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.
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.
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.
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.
Shall mean next before and next after, respectively.
Shall mean real and personal property.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
township.
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.
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.
Shall mean the Mayor and Committee of the Township.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[New]
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.
[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.
[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.
[New]
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.
[New]
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.
