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Township of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
Code
New Laws (0) Index
A. 
Fines for violation.
[Amended 11-2-1984 by Ord. No. 26-1984; 6-28-2006 by Ord. No. 10-2006; 10-18-2006 by Ord. No. 20-2006]
(1) 
The following minimum fines shall be assessed for violations of this chapter:
(a) 
First offense: not less than $250.
(b) 
Second offense: not less than $500.
(c) 
Third offense: not less than $1,000.
(2) 
The Judge shall have the discretion to impose a period of imprisonment in addition to the aforementioned fines.
(3) 
Notwithstanding anything herein to the contrary, fines for the violations of §§ 145-12B and 145-15 shall be subject upon conviction to a fine not to exceed the sum of $50 for each violation and shall not be subject to any period of imprisonment for any period of time.
B. 
Meaning of "each violation." Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection of this chapter. Each day's failure to comply with any such section or subsection shall constitute a separate violation.
C. 
Additional penalty for additonal violation. Pursuant to N.J.S.A. 40:69A-29, any person who is convicted of violating an ordinance within one year of the date of a previous violation 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 maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance. Additionally, where an owner, operator or occupant has been convicted of a violation of this chapter, and within one year or the date of a previous conviction for the same ordinance thereafter has been found by the Judge of the Municipal Court to be guilty of an additional violation, the Court may, if it finds that the additional offense was willful and inexcusable, sentence the offender, in addition to the fines set forth in Subsection A and the preceding paragraph, to imprisonment in the county jail for a period not to exceed 90 days. The Judge shall not suspend the imposition of any fines for a second or subsequent offense of the same specific nature as the first offense. Violations of §§ 145-12B and 145-15 shall not be subject to the additional penalty provisions set forth above unless there are four separate convictions for violations of these sections. In no event will these violations be subject to any term of imprisonment as may be provided for in these ordinances.
[Amended 10-18-2006 by Ord. No. 20-2006; 8-4-2021 by Ord. No. 25-2021]
D. 
Application to officers or agents. Where the defendant is other than a natural person or persons, Subsections B and C shall also apply to any agent, superintendent, officer, member or partner who shall, alone or with others, have charge, care or control of the premises.
E. 
Fine as a lien. In the event of the imposition of a fine or penalty by the Municipal Court or any other court of competent jurisdiction against the owner, operator or lessor of any building or structure in the Township required to be registered for violation of any Township ordinance or any state law applicable to the Township, the fine or penalty shall be collectible as a lien against the premises in addition to any other remedies now provided by law.
F. 
Court appearance required. In the event the owner, operator or occupant has been charged with a second violation of the same provision of this chapter within 12 months of their previous violation, a mandatory Court appearance is required for the owner, operator or occupant.
[Added 6-28-2006 by Ord. No. 10-2006]
The repeal of any provisions of any other ordinances by this chapter shall not affect any action for prosecution or abatement under any such ordinance or any notice, complaint or order issued by any officer or agency of the Township prior to the effective date or concerning which any prosecution or other steps of enforcement have been taken or are being taken within any administrative agency or in the Municipal Court for enforcement thereof.