[Editor's Note: N.J.S.A. 40:49-1. "Ordinance" and
"Resolution" defined. The term "Ordinance" when used in this Code
means and includes any act or regulation of the governing body of
any municipality required to be reduced to writing and read at more
than one (1) meeting thereof and published. The term "Resolution"
when used in this Code means and includes any act or regulation of
the governing body of any municipality required to be reduced to writing,
but which may be finally passed at the meeting at which it is introduced.]
[New]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Millburn (1994)," and is herein referred
to as the "Revision" or the "Code."
[1967 Code § 1-1-2; New; Ord. No.
2330-09 § 1]
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:
Shall mean the municipal clerk duly appointed pursuant to
law.
Shall mean "The Revised General Ordinances of the Township
of Millburn, New Jersey."
Shall mean the Business Administrator of the Township of
Millburn or such officer, agent or employee thereof to whom he/she
shall delegate his/her duties and powers under this Code upon notice
to the Township Committee.
Shall mean the County of Essex.
Shall mean the calendar days.
Shall mean an organizational unit of the municipal government
established or designated by ordinance or this Revision as a department,
together with any agency or instrumentality of the Township 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 mean the Township of Millburn in the County of Essex.
Shall mean and 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.
As applied to a building or land shall mean and include any
person who occupies the whole or a part of such buildings or land,
either alone or with others.
Shall be construed as if the words of the Township of Millburn
followed it.
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.
When applied to a building or land shall mean and 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 corporation, firm, partnership, association,
organization or other entity, bodies politic and corporate, as well
as to individuals.
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 mean and include lands, tenements and hereditaments,
all rights thereto and interests therein.
Shall mean "The Revised General Ordinances of the Township
of Millburn."
Shall mean any impervious path between the curb line and
the adjacent property line, intended for the use of pedestrians.
Shall mean the State of New Jersey.
Shall mean and include a street, avenue, road, alley, lane,
highway, boulevard, concourse, driveway, court, culvert, sidewalk
and crosswalk and every class of road, square, place or municipal
parking field used by the general public, and it shall also be construed
to include a sidewalk or footpath, unless the contrary is expressed
or unless such construction would be inconsistent with the manifest
intent of the Township Committee.
Shall mean the Township of Millburn in the County of Essex,
State of New Jersey.
Shall be construed to mean the Township Clerk, Chief of Police
or such other Township Officer or Department respectively of the Township
of Millburn in the County of Essex, State of New Jersey.
Shall mean the Township Committee of the Township of Millburn,
County of Essex, New Jersey.
Shall mean a calendar year otherwise specifically provided.
[1967 Code §§ 1-1-2, 1-1-3; New]
For the purpose 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 and can
be applied to firms, partnerships and corporations as well as to males.
The singular number includes the plural, and the plural, the
singular.
Shall is mandatory and may is permissive.
Computation of Time. Whenever a notice is required to be given
or an act to be done, the time 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.
Chapter shall mean one of the major divisions of the Code, identified
by an Arabic number, 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.
Whenever a specific time is used in this Code, 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
Code shall be deemed to refer to such statute, law or ordinance as
amended, whether or not such designation is included in the citation.
The letters "N.J.S.A." shall refer to the "New Jersey Statutes
Annotated," and any supplements and amendments thereto.
Catchlines of Sections. The catchlines of the sections of this
Code printed in boldface type are intended as mere catchwords to indicate
the contents of the section and shall not be deemed or taken to be
titles of such sections, nor as any part of the section, nor, unless
expressly so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reenacted.
The source history of each section or subsection is provided
as follows: the first listing refers to the location of the Code provision
in the prior Code (the Code that was adopted in 1967) and the listings
subsequent thereto refer to ordinance numbers and sections which were
adopted after 1967.
[1967 Code § 1-1-4; New]
If any chapter, section, subsection or paragraph of this Code
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 Code.
[1967 Code § 1-1-11; Ord. No. 3-79; Ord. No. 5-84; Ord. No. 2234-04 § 1; Ord. No. 2269-06 § 1]
For the violation of any provision of this Code, or any other
ordinance of the Township of Millburn unless a specific penalty is
otherwise provided in connection with the provision violated, the
maximum penalty upon conviction of the violation shall be one or more
of the following: a fine not exceeding two thousand dollars ($2,000.00);
imprisonment in the County Jail for a period not exceeding ninety
(90) days; or to a period of community service not exceeding ninety
(90) days, at the discretion of the Municipal Court Judge. (N.J.S.A.
40:49-5)[1]
Prior to imposing a fine in an amount greater than one thousand
two hundred fifty dollars ($1,250.00) upon an owner for violations
of the Housing or Zoning Code provisions of these Revised General
Ordinances the owner shall be allowed a thirty (30) day period to
cure or abate the condition and shall also 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 thirty (30) day period a fine greater than one thousand two
hundred fifty dollars ($1,250.00) 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.
Whenever any provision of the New Jersey Statutes Annotated
limits the authority of the Township to punish the violation of any
particular provision 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
term 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.
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 such other manner as may be provided by law.
[1]
Editor's Note: For State law as to maximum fine and imprisonment
for violation of municipal ordinances, see N.J.S.A. 40:49-5.
[1967 Code § 1-1-11]
Except as otherwise provided, every day on which a violation
of any provision of this Code or of any other ordinance of the Township
exists shall constitute a separate violation.
[New]
The maximum penalty stated in the general penalty clause of
this section is not intended to state an appropriate penalty for each
and every violation. Any lesser penalty, including a nominal penalty
or no penalty at all, may be appropriate for a particular case or
a particular violation.
[New]
The Township Committee may prescribe that, for the violation
of any particular Code provision or 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 dollars ($100.00).
[1967 Code § 1-1-12]
All fines imposed and collected for violations of the provisions
of this Code shall be paid to the Township Treasurer, as required
by law.
[1967 Code § 1-1-6]
The common seal of the Township, the impress of which has been
affixed hereto, shall be the official seal of the Township.
[1967 Code § 1-1-7]
The Township Clerk or other person legally performing the duties
of the office of the Clerk of the Township shall have custody of the
Township Seal and affix the same as directed by law, ordinance or
resolution.
[1967 Code § 1-1-5]
The provisions appearing in this Code, so far as they are the
same as those of "The Code of the Township of Millburn, New Jersey,
1967," and ordinances existing at the time of the effective date of
this Code, shall be considered as continuations thereof and not as
new enactments.
