[1975 Code § 1-1]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of South Toms River, 2008," and is herein
referred to as the "Revision" or "Code."
[1975 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:
Shall mean the Borough of South Toms River in the County
of Ocean and State of New Jersey.
Shall mean the elected Council of the Borough which is the
local legislative body of the Borough of South Toms River.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Ocean.
Shall mean calendar days.
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this Revision as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
Shall mean the Mayor and Council members of the Borough of
South Toms River.
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 of or pertaining to the Borough of South Toms
River.
Shall mean the Borough of South Toms River in the County
of Ocean, State of New Jersey.
Shall mean the current body of statutory law of the State
of New Jersey which contains the general and permanent laws, as amended
and supplemented.
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."
Applied to a building or land shall mean and include any
person who occupies the whole or part of such building or land, whether
alone or with others.
And the title of an officer or official shall be construed
as if the words "of the Borough of South Toms River" followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Revision, 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, and shall include
amendments thereto.
Shall mean any sole owner, 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.
Shall mean any natural person, individual, firm, trust, partnership,
association, corporation or any other legal entity. Whenever the word
"person" is used in any section of this Code prescribing a penalty
or fine, as applied to partnerships or associations, corporations
or any other legal entity, the word includes officers, managers, agents
or employees thereof who are responsible for any violation of that
section.
Shall mean next before and next after, respectively.
Shall severally be construed to mean any and every public
ground, public square, public park, other public place or body of
water within the Borough and which is within the jurisdiction and
control of the Borough, and which is or may be in general use by all
citizens, and which all have an equal right of passage and repassage
at will.
Shall mean and include any act or regulation of the Borough
Council required to be reduced to writing, but which may be finally
passed at the meeting at which it is introduced.
Shall mean the Revised Ordinances of the Borough of South
Toms River, New Jersey.
Shall mean 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.
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 seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[1971 Code § 1-3]
For the purpose of this Revision 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 the
feminine gender includes the masculine 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, or a day on which the offices
of the Borough 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.
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.
[1975 Code § 1-3; New]
"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, identified
by Arabic numerals.
"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.
"Article" shall mean a division of a chapter for clarity when
needed. Various sections may be included within an Article.
[1]
Editor's Note: Penalty provisions taken from N.J.S.A.
40:49-5.
[1975 Code § 3-1; Ord. No. 6-88 § 1; N.J.S.A. 40:49-5]
a.
For violation of any provision of this Code or any other ordinance
of the Borough of South Toms River, 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 $2,000; or by a period of community service
not exceeding 90 days.[1]
b.
Unlawful Solid Waste Disposal. The Borough hereby prescribes that
for the violation of an ordinance or Code provision pertaining to
unlawful solid waste disposal at least a minimum penalty shall be
imposed which shall consist of a fine which may be fixed at an amount
not exceeding $2,500 or a maximum penalty by a fine not exceeding
$10,000.
[1975 Code § 3-1.4]
The Borough Council hereby prescribes 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.
[New]
The Court before which any person is convicted of violating
any ordinance or Code provision shall have power to impose any fine,
term of imprisonment, or period of community service not less than
the minimum and not exceeding the maximum fixed in the Code or such
ordinance.
[New]
Any person who is convicted of violating this Code or any 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 Borough Council chooses not to impose an additional fine
upon a person for a repeated violation of any municipal ordinance
or Code provision, the Borough Council may waive the additional fine
by ordinance or resolution.
[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 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 municipality, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[New]
If the Borough 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 and shall
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.
[1975 Code § 3-1.2]
It is provided by ordinance, 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.
[1975 Code § 3-1.3]
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.
[1975 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 Municipal Clerk or someone authorized
and directed by the Municipal Clerk to keep up-to-date the certified
copy of the book containing "The Revised General Ordinances of the
Borough of South Toms River, 2008" 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 Borough Council subsequent to the
adoption of the Revision, which the Borough Council shall adopt specifically
as a part of the Revision, shall, when finally adopted, be included
herein by reference until such change or new ordinances are printed
as supplements to the Revised General Ordinances, at which time such
supplements shall be inserted therein.
[New]
Any and all additions, amendments or supplements to the Revised
General Ordinances of the Borough of South Toms River, County of Ocean,
State of New Jersey, when passed and adopted in such form as to indicate
the intention of the Borough Council for them to be a part thereof,
shall be deemed to be incorporated into such Code, so that reference
to the "Revised General Ordinances of the Borough of South Toms River,
County of Ocean, State of New Jersey," shall be understood and intended
to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code of the Borough of South Toms
River, County of Ocean, State of New Jersey, shall be adopted, they
shall thereafter be printed and, as provided hereunder, inserted in
the loose-leaf book containing the Code, as amendments and supplements
thereto.
[New]
Copies of the Code book containing the "Revised General Ordinances
of the Borough of South Toms River, 2008," may be purchased from the
Municipal Clerk upon the payment of a fee, to be set by resolution
of the Borough Council, which may also arrange, by resolution, for
procedures for the periodic supplementation thereof.
[New]
It shall be unlawful for anyone to improperly change, amend or alter the Borough Code, without authorization as provided by law, for the purpose of causing the law of the Borough of South Toms River to be misrepresented by such action. Anyone violating this provision shall, upon conviction, be liable to the penalty stated in Section 1-5 of this chapter.
