[Ord. No. 1998-9]
This book shall be known and may be cited as "The Revised General
Ordinances of the Township of Tabernacle, 1998," and is herein referred
to as this "Code" or this "Revision."
[Ord. No. 1998-9]
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, the following definitions
shall be used in the Code:
Shall mean an individual, appointed by the Mayor to assist
a committee, commission or board of the Township in any of its functions.
An advisor shall have no voting rights. Advisor shall also mean associate
member.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
Shall mean the County of Burlington.
Shall mean the calendar days.
Shall mean an organizational unit of the government established
or designated by ordinance or otherwise, together with any agency
or instrumentality of the government assigned to such organizational
unit by the Township Committee.
Shall mean licensed in accordance with the appropriate section
or chapter of this Code.
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 construed to be equivalent to the words affirm and
affirmed.
See tenant.
Shall be construed as if the words of the Township of Tabernacle
followed it.
Shall mean any act of local legislation heretofore or hereafter
adopted, and including this Code, 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.
When applied to a building or land shall include any part
owner, any corporation, 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 or personal representatives of any kind
thereof in any capacity, acting either for himself or for any other
person, under either personnel appointment or pursuant to law.
Shall mean goods and chattels, rights and credits, moneys
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 the subject
of ownership.
Shall mean next before and next after, respectively.
Shall mean real and personal property.
Shall severally be construed to mean any and every public
ground, public square, public park or other public place within the
township.
Shall include lands, tenements and hereditaments, all rights
thereto and interests therein.
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 an 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. Street shall be considered to include a sidewalk or footpath,
unless the contrary is expressed or unless such construction is inconsistent
with the apparent intent.
Applied to a building or land, shall include any person who
occupies the whole or part of such building or land, whether alone
or with others.
Shall mean the Township of Tabernacle in the County of Burlington
and State of New Jersey.
Shall mean the Mayor and Committee of the Township.
Shall mean seven days.
Shall mean a calendar year unless otherwise specifically
provided.
[Ord. No. 1998-9]
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, a legal holiday, or a day on which the offices of
the township 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.
And may be construed as meaning or, and or as and, if the sense
requires and indicates such meaning.
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.
"Chapter" shall mean one of the major divisions of the revisions
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.
[Ord. No. 1998-9]
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 Code.
[1]
Editor's Note: Penalty provision in compliance with N.J.S.A.
40:49-5.
[Ord. No. 1998-9]
For violation of any provision of this Revision or other ordinance
of the Township of Tabernacle 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 of the following:
imprisonment in the County Jail or in any place provided by the Township
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.
[Ord. No. 1998-9]
The Township Committee may prescribe that for the violation
of any particular provision of the Revision 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
Revision 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 Revision or such ordinance.
[Ord. No. 1998-9]
Any per-son who is convicted of violating this Revision or an
ordinance within one year of the date of a previous violation of the
same provision of this Revision 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 maxi-mum fine fixed for a violation
of the ordinance or Revision pro-vision, but shall be calculated separately
from the fine imposed for the violation of the ordinance or Revision
provision.
If the Township Committee chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
the Committee may waive the additional fine by ordinance or resolution.
[Ord. No. 1998-9]
Any person convicted of the violation of any provision of this
Revision 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 Township, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
[Ord. No. 1998-9]
Except as otherwise provided, each and every day in which a
violation of any provision of this Revision or any other ordinance
of the Township exists shall constitute a separate violation.
[Ord. No. 1998-9]
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.
