[Adopted 12-15-1971 by Ord. No. 631R as 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.
The territorial jurisdiction of the Municipal Court shall be the territory embraced within the limits of the Borough.
The Municipal Court and the Judge thereof shall have jurisdiction of the following offenses occurring within the territorial jurisdiction of the Court:
A. 
Violations of the motor vehicle and traffic laws.
B. 
Violations of the fish and game laws.
C. 
Violations of the ordinances of the Borough.
D. 
Violations of the Disorderly Persons Law, being Subtitle 12 of Title 2A of the New Jersey Statutes.[1]
[1]
Editor's Note: The Disorderly Persons Law (N.J.S.A. 2A:169-1 et seq.) was repealed by L. 1978, c. 95.
E. 
Violations of Chapters 1 and 4 of Title 44 of the Revised Statutes.
F. 
Violations of Article 4 of Chapter 5 of Title 30 of the Revised Statutes.[2]
[2]
Editor's Note: Said Art. 4 (N.J.S.A. 30:5-33 et seq.) was repealed by L. 1959, c. 86.
G. 
Offenses of a lesser grade or degree than a misdemeanor or those for which no indictment by a grand jury is required.
H. 
Other crimes or offenses over which it may be given jurisdiction by law.
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.