[1970 Code § 1-1]
This book shall be known and may be cited as "The Revised General
Ordinances of the Borough of Moonachie, 1988", and is herein referred
to as the "Code".
[1970 Code § 1-2; Ord. #90-4]
For the purpose of this Code, and in the interpretation and
application of all other ordinances heretofore or hereafter adopted,
except as the context may otherwise require:
BOROUGH
Shall mean the Borough of Moonachie in the County of Bergen
and State of New Jersey.
COUNTY
Shall mean the County of Bergen.
DAYS
Shall mean calendar days.
DEPARTMENT
Shall mean an organizational unit of the Borough government
established or designated by ordinance or this Code as a department,
together with any agency or instrumentality of the Borough government
assigned to such organizational unit by the Borough Council.
LICENSED
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
MONTH
Shall mean a calendar month unless otherwise specifically
provided.
OATH
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".
OFFICER OR OFFICIAL
And the title of an officer or official shall be construed
as if the words "of the Borough of Moonachie" followed it.
ORDINANCE
Shall mean 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.
OWNER
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.
PERSON
Shall mean 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.
PROPERTY
Shall mean real and personal property.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
RESOLUTION
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.
SIDEWALK
Shall mean any portion of a street between the curb line
and the adjacent property line, intended for the use of pedestrians,
excluding parkways.
STREET
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.
TENANT OR OCCUPANT
Applied to a building or land, shall include any person who
occupies the whole or a part of such buildings or lands, either alone
or with others.
WEEK
Shall mean seven days.
YEAR
Shall mean a calendar year unless otherwise specifically
provided.
[1970 Code § 1-3; Ord. #90-4]
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.
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.
"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 the Code,
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 and/or Arabic number.
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.
[1970 Code § 1-4]
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.
[Ord. #90-4]
For violation of any provision of this Code, or any other ordinance
of the Borough of Moonachie unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be a fine not exceeding $1,000
and/or imprisonment in the County Jail for a period not exceeding
90 days; or by a period of community service not exceeding 90 days.
[Ord. #90-4]
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.
[Ord. #90-4]
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.
[Ord. #90-4]
The Mayor and Council 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 $100.