[Adopted 12-15-1971 by Ord. No. 631R (Ch. 9, Art. I, of the 1971 Code)]
A municipal court, to be known as the "Municipal Court of the Borough of Fanwood," in the County of Union, referred to in this chapter as the "Court" or as the "Municipal Court," is hereby established.
[Amended 12-28-1999 by Ord. No. 99-25R]
The Fanwood Municipal Court shall have a judge who shall be known as the "Borough Judge." Said person shall be a resident of the State of New Jersey and an attorney at law permitted to practice in the State of New Jersey for at least five years prior to his/her appointment.
[Amended 12-28-1999 by Ord. No. 99-25R; 6-7-2010 by Ord. No. 10-06R]
The Borough Judge shall serve for a term of three years from the date of appointment and until a successor is appointed and qualified. Any appointment to fill a vacancy not caused by the expiration of the term shall be made for the unexpired term only. The Judge shall be appointed by the Mayor with the consent of Council pursuant to N.J.S.A. 2B:12-4.
[Amended 6-7-2010 by Ord. No. 10-06R]
The Borough Judge shall be compensated by an annual salary which shall be fixed by ordinance.[1] Such compensation shall be in lieu of all other fees.
[1]
Editor's Note: See Ch. 86, Salaries and Compensation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Municipal Court has jurisdiction over the following cases within the territorial jurisdiction of the Court:
A. 
Violations of county or Borough ordinances;
B. 
Violations of the motor vehicle and traffic laws;
C. 
Disorderly persons offenses, petty disorderly persons offenses and other nonindictable offenses except where exclusive jurisdiction is given to the Superior Court;
D. 
Violations of the fish and game laws;
E. 
Proceedings to collect a penalty where jurisdiction is granted by statute;
F. 
Violations of laws regulating boating; and
G. 
Any other proceedings where jurisdiction is granted by statute.
The Municipal Court shall also have concurrent civil jurisdiction with the courts exercising civil jurisdiction in the county of any civil action arising out of contract, express or implied, where the defendant resides within the Borough and the amount involved does not exceed $100, exclusive of interest and costs, provided that the Municipal Court has been approved for the exercise of civil jurisdiction pursuant to the rules of the Supreme Court.
The Judge shall have and exercise all the authority of a committing judge; provided, however, that where a person is charged with an indictable offense, the Municipal Judge, sitting as a committing judge, shall not discharge the person charged without first having given the County Prosecutor notice and an opportunity to be heard in the case.
[Amended 12-28-1999 by Ord. No. 99-25R]
Whenever the Borough Judge shall be unable to sit as such Judge, he/she may designate any other Judge of any Municipal Court or an attorney at law to sit for him/her temporarily and hold the Municipal Court as provided by law.
The costs and fees charged against defendants in criminal causes, when collected, shall become municipal funds and shall be turned over to the custodian or custodians of the funds of the Borough. The amount of any such fees and costs shall be as provided by law. The fines and penalties imposed in the Municipal Court shall be disposed of as provided by law.