[New]
This book shall be known and may be cited as the "Code of the
Borough of Wildwood Crest, 2015" and may be referred to as the Code
or Borough Code.
[New]
For the purpose of the Code of the Borough of Wildwood Crest
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:
The Administrator of the Borough duly appointed pursuant
to law.
The duly elected Commission members of the Borough of Wildwood
Crest.
The Borough of Wildwood Crest in the County of Cape May,
State of New Jersey.
The Municipal Clerk duly appointed pursuant to law.
An organizational unit of the Borough government.
The Mayor and Commissioners of the Borough of Wildwood Crest.
Licensed in accordance with the appropriate section or chapter
of this Code.
A calendar month unless otherwise specifically provided.
Includes 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."
Construed as if the words "of the Borough of Wildwood Crest"
followed it.
Any act of local legislation heretofore or hereafter adopted,
and including this Code, 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.
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.
Any individual, natural person, 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 or for any other person, under
either personal appointment or pursuant to law.
Goods and chattels, rights and credits, monies 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 subject of ownership.
Next before and next after, respectively.
Real and personal property.
Any and every public ground, public square, public parks,
other public place or bodies of water within the Borough.
Includes lands, tenements and hereditaments, all rights thereto
and interests therein.
Includes any act or regulation of the Board of Commissioners
required to be reduced to writing, but which may be finally passed
at the meeting at which it is introduced.
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.
Includes 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.
Applied to a building or land, includes any person who occupies
the whole or part of such building or land, whether alone or with
others.
Seven days.
A calendar year unless otherwise specifically provided.
[New]
For the purpose of the Code of the Borough of Wildwood Crest
and any other ordinances heretofore or hereafter adopted, except as
the context may otherwise require:
A.
The
present tense includes the past and future tenses and the future,
the present.
B.
The
masculine gender includes the feminine and neuter.
C.
The
feminine gender includes the masculine and neuter.
D.
The
singular number includes the plural and the plural, the singular.
E.
"Shall"
is mandatory and "may" is permissive.
F.
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.
G.
"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.
H.
"And"
may be construed as meaning "or," and "or" as "and," if the sense
requires and indicates such meaning.
I.
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.
J.
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.
[New]
"Chapter" shall mean one of the major divisions of the Code,
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 and/or Arabic number.
[N.J.S.A. 40:49-5; New]
A.
For violation of any provisions of this Code or other ordinance of
the Borough of Wildwood Crest, 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 or more or the following:
imprisonment in the County Jail or in any place provided by the Borough
for the detention of prisoners, for any term not exceeding 90 days,
or by a fine not exceeding $2,000, or by a period of community service
not exceeding 90 days.
B.
For a violation of any Borough ordinance pertaining to unlawful solid
waste disposal the minimum fine shall not exceed $2,500 and the maximum
fine shall not exceed $10,000.
[N.J.S.A. 40:49-5; New]
The Board of Commissioners 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.
[New]
A.
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.
B.
If the Board of Commissioners choose not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance
or Code provision the Board of Commissioners may waive the additional
fine by ordinance or resolution. (N.J.S.A. 40:49-5)
[New]
Any person convicted of a violation of any provision of this
Code or any ordinance may, in the discretion of the Court by which
he 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 90 days, or be required
to perform community service for a period not exceeding 90 days. (N.J.S.A.
40:49-5)
[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 Borough exists shall constitute a separate violation. (N.J.S.A.
40:49-5)
[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. (N.J.S.A. 40:49-5)
[New]
If the Board of Commissioners chooses to impose a fine in an
amount greater than $1,250 upon an owner for violations of housing
or zoning codes, the Borough shall provide a thirty-day period in
which the owner shall be afforded the opportunity to cure or abate
the condition which is in violation 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-day period, a fine greater than $1,250
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. (N.J.S.A. 40:49-5)
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the Board of Commissioners to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of Wildwood Crest" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. (1968 Code § 1-8)
[1968 Code § 1-9]
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 Code required to be filed in his office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
The Code shall be received in all courts of the state. (N.J.S.A.
40:49-4)
[1968 Code § 1-10]
Copies of the Code, or any chapter or portion of it, may be
purchased from the Borough Clerk, or an authorized agent of the Borough
Clerk, upon the payment of a fee. The Board of Commissioners may also
arrange for procedures for the periodic supplementation of the Code.
[1968 Code § 1-14]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Borough of Wildwood Crest to be misrepresented thereby. Anyone violating this section or any part of the Code shall be subject, upon conviction, to the penalties provided in Chapter 1, Section 1-5.
[1968 Code § 1-12]
Each section of the Code and every part of each section and
subsection is an independent section or part of a section, and the
holding of any section or a part thereof to be unconstitutional, void
or ineffective for any cause shall not be deemed to affect the validity
or constitutionality of any other sections, subsections or parts thereof.
