Borough of Emerson, NJ Article II Violations Clerk

[Adopted 5-28-1974 by Ord. No. 628 (Ch. 70, Art. II, of the 1966 Code)]

§ 21-7 Establishment of position; appointment.

[Amended 2-18-2003 by Ord. No. 1218]

There is hereby established, in the Borough of Emerson Municipal Court, the position of Violations Clerk. The Violations Clerk of the Municipal Court shall be designated by the Judge of the Borough.

§ 21-8 Term of office; salary.

[Amended 2-18-2003 by Ord. No. 1218]

The term of office shall be designated by the Judge, but in no event shall extend beyond the Judge's term of office. There shall be no salary for the remaining portion of the year 1966, but the governing body of the municipality may fix compensation for said position after December 31, 1966.

§ 21-9 Powers and duties; disposition of offenses.

It shall be the function of the Violations Clerk to accept appearances, waivers of trial, pleas of guilty and payment of fines and costs in traffic offenses, subject to the limitations hereinafter prescribed. The Violations Clerk shall serve under the direction and control of the court designating him or her.

A. Designated offenses; schedule of fines.

(1) The Court shall, by order, which may from time to time be amended, supplemented or repealed, designate the traffic offenses within the authority of the Violations Clerk, provided that such offenses shall, in no event, include:

(a) Indictable offenses.

(b) Accidents resulting in property damage or personal injury.

(c) Operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug or permitting another person who is under such influence to operate a motor vehicle owned by the defendant or in his custody or control.

(d) Reckless driving or careless driving.

(e) Leaving the scene of an accident.

(f) Driving while on the revoked list.

(g) Driving without being licensed.

(h) Where the defendant is a resident of this state, exceeding the speed limit by more than 20 miles per hour.

(i) Where the defendant is a resident of this state, exceeding the speed limit by 10 miles per hour or more where the speed limit is 45 miles per hour or over.

(2) The Court, by published order, which shall be submitted to and approved by the Assignment Judge of the county in which the Court is located and shall be prominently posted in the place where the fines are to be paid, shall specify the amount of fines to be imposed for each offense within the authority of the Violations Clerk, including, in the discretion of the Judge, higher fines for second and subsequent offenses, provided that such fines are within the limits declared by statute or ordinance. Fines and costs shall be paid to, receipted by and accounted for by the Violations Clerk in accordance with the rules governing the New Jersey courts, and more particularly Rule 8:10-10.

[Amended 2-18-2003 by Ord. No. 1218]

B. Plea and payment of fine and costs. Any person charged with any traffic offense within the authority of the Violations Clerk may, upon signing the plea of guilty and waiver of trial on the back of the summons and upon ascertaining the fine and costs established for the offense charged, pay the same, either by mail or in person, to the Violations Clerk prior to the return date of the summons. The Judge, in his discretion, may authorize the Violations Clerk to accept such plea and payment at any subsequent date.

[Amended 2-18-2003 by Ord. No. 1218]

C. Procedure after three complaints or convictions. Residents of this state having three or more traffic tickets or summonses for parking offenses which have been unanswered for more than 30 days shall be required to appear in Court. Any person who has been found guilty or who has signed a plea of guilty to three previous traffic offenses in the current calendar year shall appear in Court, unless the Court shall, by general order applying to certain specified offenses, permit payment to the Violations Clerk of a substantially increased fine, which increase shall be specified in such general order.

D. Location of Violations Bureau. The Violations Clerk shall take pleas and accept payment of fines and costs only at such place or places as are designated by the Judge, subject to the approval of the Administrative Director of the Courts. Wherever practical, the office of the Violations Clerk shall be in a public building, and, without exception, the office of the Violations Clerk shall be kept clean and presentable, shall have posted in a prominent place therein the schedule of fines fixed by the Court pursuant to this rule and shall have an appropriate sign at the entrance thereto reading "Violations Clerk, Emerson Municipal Court."

[Amended 2-18-2003 by Ord. No. 1218]