[Adopted 12-4-2017 by Ord. No. 17-39C]
Editor’s Note: This ordinance also repealed former Art. III, General Penalty, adopted 8-2-1974 as § 3-19 of the 1974 Code, as amended.
For violation of any provision of this Code or any other ordinances of the Township where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, 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, by a fine not exceeding $2,000 or by a period of community service not exceeding 90 days. Any person convicted of the violation of any ordinance may, in the discretion of the Court by which he or she 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.
Except as otherwise provided, each and every day in which a violation of any provision of a chapter or any other ordinance of the Township exists shall constitute a separate violation.
Pursuant to R. 7:12-4, the following Local Supplemental Violations Bureau Schedule of designated offenses and payable amounts has been approved by the vicinage Assignment Judge and shall be in effect for offenses committed on and after January 4, 2017. This Local Schedule shall be prominently posted for public inspection at the location of the Violations Bureau.
Parts I and II of this Schedule list specific amounts that may be payable through the Violations Bureau for designated traffic and non-traffic offenses pursuant to R. 7:12-4. However, payment for any of those listed offenses, or any other matter, may not be made through the Violations Bureau if the law enforcement officer marks on the complaint-summons that a court appearance is required.
If, in the opinion of the officer issuing the complaint-summons, circumstances indicate the defendant should appear in court, the officer has the option to check the "Court Appearance Required" box on the complaint-summons, in which case the matter may not be processed in the Violations Bureau.
Pursuant to and in accordance with R. 7:12-3, the Municipal Court may permit a guilty plea by mail or to plead not guilty by mail and submit a written defense for use at trial, if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration.
In Part I (Traffic Violations), the payable amount established in this Local Supplemental Violations Bureau Schedule, for each offense, includes at least a fine, court costs (which may equal, but not exceed the fine), and the following amounts required by statute to be assessed: $1 for the Body Armor Replacement Fund; $1 for the New Jersey Spinal Cord Research Fund; $2 for the New Jersey Forensic DNA Laboratory Fund; $1 for the Autism Medical Research and Treatment Fund; and $1 for the New Jersey Brain Injury Fund.
In Part II (Non-Traffic Violations), the payable amount established in this Local Schedule, for each offense, includes a fine and court costs (which may equal, but not exceed the fine).
A portion of the total court costs allocated of this Local Schedule shall be distributed upon collection in accordance with N.J.S.A. 22A:3-4 and N.J.S.A. 2B:12-30, as follows:
For all violations payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule or a Local Schedule, $2 shall be collected by the Municipal Court administrator for the deposit into the Automated Traffic System Fund and $3 shall be collected by the Municipal Court Administrator and deposited into the Automated Traffic System Statewide Modernization Fund. This portion of court costs cannot be suspended.
For all violations of the provisions of Title 39, or any other motor vehicle or traffic violation payable through the Violations Bureau, $0.50 shall be collected by the Municipal Court Administrator and deposited into the Emergency Medical Technician Training Fund. This portion of court costs cannot be suspended.
Any remaining court costs shall be collected by the Municipal Court Administrator and distributed to the municipality.
Additional penalties for failure to appear on return dates.
For motor vehicle, traffic, and parking cases listed on this Local Schedule, the following additional penalties shall be added to the payable amount, as indicated:
When a supplemental notice is sent, $10 per notice shall be added to the payable amount due.
When a notice of proposed suspension for a parking violation is sent, $10 shall be added to the payable amount.
When an order to suspend is issued for a parking violation, $15 will be added to the payable amount.
A DMV fee of $3 is also to be added to the total payable amount due upon the issuance of an order to suspend.
Pursuant to N.J.S.A. 39:5-9, costs not to exceed $33 may be deducted by the Municipal Court from forfeited bail in traffic cases.
For non-traffic offenses listed on this Schedule, N.J.S.A. 2B:12-31 permits the Municipal Court to order the suspension of a defendant's driving privilege for failure to appear at any scheduled court appearance. The following procedures may be used by the Court to effectuate that process.
Send a notice of proposed suspension of driving privileges for failure to appear to the defendant. This notice may be used for violations that are payable on this Schedule, as well as for those violations that are not.
Note: Unlike traffic matters, no fee may be assessed for the mailing of this notice.
Should the defendant fail to respond and appear in response to the notice of proposed suspension, the Municipal Court may issue an order of suspension. When the Municipal Court issues the order, $25 [$10 (notice) + $15 (order)] shall be added to the total payable amount.
A DMV fee of $3 shall also to be added to the total payable amount, upon the issuance of the order of suspension.
When a warrant is used, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be the amount of the payable amount, plus $50.
By executing the form of authorization to apply bail against fine(s) and costs and waiver of rights, a defendant against whom a warrant has been issued waives the rights to a lawyer and a trial, enters a plea of guilty to the offense charged and authorizes the Municipal Court Administrator to apply the bail posted toward the payment of fines, assessments and costs owed. This form may be used for all offenses payable through the Violations Bureau.