[1972 Code, § 1-1; New]
This book shall be known and may be cited as "The Revised General
Ordinances of the City of Ocean City, 1985," and is herein referred
to as the "Revision" or the "Code."
[1972 Code, § 1-2, New]
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, the definitions contained
in this section shall apply:
Shall mean the City of Ocean City in the County of Cape May
and State of New Jersey.
Shall mean the governing body of the City of Ocean City.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Cape May, State of New Jersey.
Shall mean an organizational unit of the City government
established or designated by ordinance or this Revision as a department,
together with any agency or instrumentality of the City government
assigned to such organizational unit by the City Council.
Shall mean laws of the State of New Jersey.
Shall mean licensed in accordance with the appropriate section
or Chapter of this Revision.
Shall mean a calendar month unless otherwise specifically
provided.
Shall mean and include an affirmation in all cases in which,
by law, an affirmation may be substituted for an oath, and, in such
cases, the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed".
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.
Shall mean and include 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 or for any other person,
under either personal appointment or pursuant to law.
Shall mean and include real and personal property.
Shall mean any park, cemetery, school yard or open space
adjacent thereto, and all rivers or other waterways.
Shall mean the City or corporate seal.
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 a mark when the person cannot write.
Shall mean the State of New Jersey.
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 mean and include any person holding a written or oral
lease or who occupies the whole or a part of such buildings or lands,
either alone or with others.
Shall mean seven (7) days.
Shall mean a calendar year unless otherwise specifically
provided.
[1972 Code, § 1-3; New]
a.Â
General.
For the purpose of this Revision and any other ordinances heretofore
or hereafter adopted, the following definitions and rules of construction
shall be observed, 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 City 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.
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.
"And" may be read as "or" and "or" may be read as "and" where
the sense requires it.
All words giving a joint authority to three (3) or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
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.
Delegation of authority. Whenever a provision appears requiring
the head of a department of the City to do some act or make certain
inspections it shall be construed to authorize the head of the department
to designate, delegate and authorize subordinates to perform the required
act or make the required inspection unless the terms of the provision
or section designate otherwise.
Interpretation. In the interpretation and application of any
provision of this Revision, it shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Where any provision of this Revision imposes
greater restrictions upon the subject matter than the general provision
imposed by the Revision, the provision imposing the greater restriction
or regulation shall be deemed to be controlling.
Name of official or officer. Whenever reference is made to an
official, board, commission, department, etc., by title only, it shall
be construed as though the words "of the City of Ocean City" were
added.
Nontechnical and technical words. Words and phrases shall be
construed according to the common and approved usage of the language;
but technical words and phrases and such others as may have acquired
a peculiar and appropriate meaning in law shall be construed and understood
according to such meaning.
Preceding, following. The words "preceding" and "following"
shall mean next before and next after, respectively.
b.Â
Divisions
of the Revision.
"Chapter" shall mean one of the major divisions of the Revision
identified by Arabic numbers 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.
[1972 Code, § 1-4]
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]
It shall be the duty of the Clerk or someone authorized and
directed by the Clerk to keep up-to-date the certified copy of the
book containing "The General Ordinances of the City of Ocean City,
1985" required to be filed in the office of the Clerk for the use
of the public. All changes in the Revision and all ordinances adopted
by the City Council subsequent to the adoption of the Revision, which
the City Council shall adopt specifically as a part of the Revision,
shall, when finally adopted, be included therein by reference until
such change or new ordinances are printed as supplements to the general
ordinances, at which time such supplements shall be inserted therein.
[1972 Code, § 5-25.1; N.J.S.A. 40:49-5]
For violation of any provision of this Chapter, any other Chapter
of this Revision, or any other ordinance of the City where no specific
penalty is provided regarding the section or sections violated, the
maxi-mum penalty shall, upon conviction of a violation, be one or
more of the following: a fine not exceeding one thousand two hundred
fifty ($1,250.00) dollars or imprisonment 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.
[1972 Code, § 5-25.2]
Except as otherwise provided, each and every day in which a
violation of any provision of this Chapter or any other ordinance
of the City exists shall constitute a separate violation.
[1972 Code, § 5-25.3; N.J.S.A. 40:49-5]
The maximum penalty stated in 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.
