Title One of the New Jersey Statutes Annotated contains
definitions and rules of construction for terms used in the New Jersey
Statutes.
[1976 Code § 1-1; New]
This book shall be known and may be cited as "The Revised General
Ordinances of the City of Sea Isle City, 1993," and is herein referred
to as the "Code," the "Revision" or the "Sea Isle City City Code."
[1976 Code § 1-2; New; Ord. No.
1431 § I]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore and hereafter adopted,
except as the context may otherwise require:
Shall mean the Business Administrator appointed pursuant
to the charter and this code, or any deputy or acting administrator
temporarily serving in place of the Business Administrator.
Shall mean the City of Sea Isle City in the County of Cape
May and State of New Jersey. The words "the City" or "this City" shall
be construed as if the words "of Sea Isle City, New Jersey," followed
them.
Shall mean the municipal clerk duly appointed pursuant to
law.
Shall mean the Legislative Body of the City.
Shall mean the County of Cape May.
Shall mean an organizational unit of the City government
established or designated by ordinance or this Code as a department,
together with any agency or instrumentality of the City government
assigned to such organizational unit by the Mayor and Council.
Shall mean the administrative head of a Department.
Shall mean a basic organizational unit under Department.
Shall mean the Council of the City of Sea Isle City.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
Shall mean Mayor-Council form of government under the Faulkner
Act, also known as Optional Municipal Charter Law (OMCL), and all
applicable provisions of the general law.
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 equivalent to the words "affirm" and "affirmed."
Shall be construed as if the words "of the City of Sea Isle
City" followed it.
Shall mean the binding laws and acts of local legislation
heretofore and hereafter adopted, and including this revision, so
long as it shall have been adopted by the procedure required for the
adoption of an ordinance in accordance with N.J.S.A. 40:69A-41 and
so long as it shall remain in force and effect pursuant to law.
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 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 of personal representatives of any thereof
in any capacity acting either for himself/herself or for any other
person, under either personal appointment or pursuant to law.
Shall mean next before and next after, respectively.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
City.
Shall mean an action expressing the sense or will of Council
on a matter of special or temporary interest, which shall be written
and may be adopted at the meeting at which it is introduced, without
publication or public hearing, pursuant to N.J.S.A. 40:69A-36.
Shall mean any portion of a street between the curbline and
the adjacent property line, intended for the use of pedestrians, excluding
parkways.
Shall include a street, 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.
Shall include any person who occupies the whole or a part
of such buildings or lands, either alone or with others.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[1976 Code § 1-2; 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.
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" 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.
"Chapter" shall mean one of the major divisions of this 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.
[1976 Code § 1-5]
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.
[1]
Editor's Note: Penalty provision in compliance with N.J.S.A.
40:49.5.
[New]
For violation of any provision of this Code or other ordinance
of the City of Sea Isle City, 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:
imprisonment in the County Jail or in any place provided by the municipality
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not exceeding $1,250; or by a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court.
[New; Ord. No. 1615(2017)
§ 1]
The 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 $100. 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.
[Ord. No. 1615(2017) § 2]
Any person who is convicted of violating this Code or an ordinance
within one 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 a 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 Council chooses not to impose an additional fine upon
a person for a repeated violation of any municipal ordinance, the
Council may waive the additional fine by ordinance or resolution.
(New)
[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 City, for any term not exceeding 90 days, or be required to
perform community service for a period not exceeding 90 days.
[New]
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the City exists shall constitute a separate violation.
[1976 Code § 1-6; 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.
Whenever any provisions of the New Jersey Statutes Annotated
limits the authority of the City to punish the violation of any particular
provision of this Code or other City ordinance or 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 City ordinance, resolution, 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.
[1976 Code § 1-3]
The provisions of this Code, so far as they are in substance
the same as those ordinances existing on the effective date of this
Code, shall be considered as continuations thereof and not as new
enactments.
[New; Ord. No. 1615(2017)
§ 3]
It shall be the duty of the City Clerk or someone authorized
and directed by the Clerk to keep up-to-date the certified copy of
the book containing "The Revised General Ordinances of the City of
Sea Isle City, 1993" required to be filed in the office of the City
Clerk for the use of the public. All changes in the Code and all ordinances
adopted by the Council subsequent to the adoption of the Code, which
the Council shall adopt specifically as a part of the Code, shall,
when finally adopted, be included therein by reference until such
change or new ordinances are printed as supplements to the Code, at
which time such supplements shall be inserted therein.
[1976 Code § 1-4]
The catchlines of sections of the 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.
[1976 Code § 1-7]
The provisions of this Code shall be subject to all State laws
with regard to the subject matters herein contained, and where inconsistent
therewith, the State Law shall apply.
[Ord. No. 1431 § II]
a.
It is the intent of the Mayor and Council in enacting this Code to
exercise fully the powers delegated to them to organize and regulate
its internal affairs, and the provisions of this Code shall be construed
liberally to that end.
b.
The Code shall be interpreted and administered so as to maintain
the separation of legislative and Administrative powers as provided.
