Township of Tabernacle, NJ
Burlington County
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[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:
ADVISOR
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.
CLERK OR TOWNSHIP CLERK
Shall mean the Municipal Clerk duly appointed pursuant to law.
COUNTY
Shall mean the County of Burlington.
DAYS
Shall mean the calendar days.
DEPARTMENT
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.
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 construed to be equivalent to the words affirm and affirmed.
OCCUPANT.
See tenant.
OFFICER or OFFICIAL and the title of an officer or official
Shall be construed as if the words of the Township of Tabernacle followed it.
ORDINANCE
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.
OWNER
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.
PERSON
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.
PERSONAL PROPERTY
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.
PRECEDING AND FOLLOWING
Shall mean next before and next after, respectively.
PROPERTY
Shall mean real and personal property.
PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE or PUBLIC PLACES
Shall severally be construed to mean any and every public ground, public square, public park or other public place within the township.
REAL PROPERTY
Shall include lands, tenements and hereditaments, all rights thereto and interests therein.
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 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.
TENANT or OCCUPANT
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.
TOWNSHIP
Shall mean the Township of Tabernacle in the County of Burlington and State of New Jersey.
TOWNSHIP COMMITTEE or COMMITTEE
Shall mean the Mayor and Committee of the Township.
WEEK
Shall mean seven days.
YEAR
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.