[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 11-18-1948 (Ch. 5 of the 1974 Code). Amendments
noted where applicable.]
There is hereby established the Municipal Court of the Borough of Prospect Park, hereinafter called "Municipal Court," pursuant to Chapter 264 of the Laws of 1948, as amended by Chapter 394 of the Laws of 1948.[1]
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
Said Municipal Court shall have a seal which
shall bear the impress of the name of said Court and be in such form
and design as shall be determined by the Mayor and Council of the
Borough of Prospect Park.
[Amended 11-11-1974]
Said Municipal Court shall have a Judge who
shall be known as the "Judge of the Municipal Court," having the qualifications
hereinafter set forth. The present Recorder of the Borough of Prospect
Park shall be the Judge of the said Municipal Court and shall continue
as such Judge until the expiration of his present existing term of
office, and, at the expiration of said existing term of office of
the present Recorder as aforesaid, a Judge shall be appointed for
a term of three years and until his successor is appointed and qualifies.
Such Judge shall be a resident of this state and shall be an attorney
at law or a person who has had actual experience as a Recorder, Police
Judge or Justice of the Peace or who is qualified under any rule of
court, and said Judge shall, before entering upon the duties of his
office, take and subscribe an oath in substantially the same manner
as provided in N.J.S.A. 2:212-7. Such Judge shall be paid an annual
salary to be fixed in the annual Salary Ordinance,[1] payable in monthly installments or as the Mayor and Council
of the Borough of Prospect Park may from time to time determine, and
said salary shall be in lieu of any and all other fees.
A.
Said Municipal Court shall have jurisdiction of the
following offenses occurring within its territorial jurisdiction:
(1)
Violations of the motor vehicle and traffic laws.
(2)
Violations of the fish and game laws.
(3)
Violations of ordinances of the Borough of Prospect
Park.
(4)
Violations of the "disorderly persons law," being
Subtitle 15 of Title 8 of the Revised Statutes.
(6)
Violations of Chapters 6 and 17 of Title 9 of the
Revised Statutes (relating to children).
B.
Said Municipal Court shall also have concurrent civil
jurisdiction with the Small Claims Division of the County District
Courts, provided the defendant resides within the territorial jurisdiction
of said Municipal Court and said Court has been approved for the exercise
of civil jurisdiction by the rules of the Supreme Court.
C.
Said Municipal Court and the Judge thereof shall also
have, possess and exercise all the functions, powers, duties and jurisdiction
in criminal cases heretofore exercised by any Justice of the Peace,
Police Justice, Police Magistrate or Recorder, and said Judge shall
have and exercise all the authority of a committing judge or magistrate;
provided, however, that where a person is charged with an indictable
offense, said Judge, sitting as a committing judge or magistrate,
shall not discharge the person charged without first having given
the County Prosecutor notice and an opportunity to be heard in the
case.
D.
Except as otherwise provided in Chapter 264 of the Laws of 1948[2] and the rules of the Supreme Court, the provisions of law, statutory and otherwise, applicable to Police Judges, Police Justices, Police Magistrates and Recorders before the enactment of Chapter 264 of the Laws of 1948 shall continue and be applicable to said Municipal Court.
[2]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
The practice and procedure of said Municipal Court shall be substantially as provided by N.J.S.A. 2:220-32 to 2:220-55, both inclusive, subject to such rules as the Supreme Court of New Jersey shall promulgate and make applicable to Municipal Courts established pursuant to Chapter 264 of the Laws of 1948, which rules shall supersede (so far as they conflict with) statutory and common law regulations theretofore existing.[1]
[1]
Editor's Note: See now N.J.S.A. 2B:12-1 et seq.
The costs and fees charged against defendants,
when collected, shall become funds of the Borough of Prospect Park
and shall be turned over to the Collector of Taxes. The amount of
such fees and costs shall be as provided in Article 3 of Chapter 3
of Title 22 of the Revised Statutes, and as to small claims, as provided
by Article 24 of Chapter 32 of Title 2 of the Revised Statutes. All
fines and penalties imposed by said Municipal Court shall be disposed
of as provided by law.
From and after the effective date of this chapter,
all causes and proceedings of whatever character pending in the present
Recorder's Court shall be transferred to the Municipal Court and shall
be continued in the Municipal Court with the same effect as though
they had been commended therein, and the files, papers, dockets, books
of account and all data appertaining thereto and any moneys on deposit
as bail or for any other purpose of said Recorder's Court shall be
transferred to said Municipal Court.
From and after the effective date of this chapter,
all persons holding any office, position or employment in said Recorder's
Court shall be transferred to the Municipal Court, and they shall
continue to exercise their respective functions and perform their
respective duties in such Municipal Court.
Whenever said Judge of said Municipal Court
shall be unable to sit as such Judge, and he may designate any other
Judge of any Municipal Court or an attorney at law to sit for him
temporarily and hold the Municipal Court, provided that any such designation
shall be made in writing and shall be filed in the said Court, and
any such person so designated, while sitting temporarily, shall have
all of the powers of the Judge of said Court.
Anything in this chapter to the contrary notwithstanding,
the duties, powers and jurisdiction of said Municipal Court and the
Judge thereof shall be such as shall from time to time be prescribed
or established by law and the rules of the Supreme Court, and this
chapter shall at all times be subject to any provisions of law and
said rules of the Supreme Court affecting the duties, powers and jurisdiction
of said Court or the Judge thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
The Supreme Court of New Jersey.
[Added 11-13-1995 by Ord. No. 1995-7]
The part-time positions of Municipal Prosecutor,
Court Clerk and Municipal Public Defender are hereby created and shall
serve in accordance with applicable rules of court and statutory law
as well as the direction of the appropriate municipal and court officials.
Said court officers shall be appointed by the Mayor with the advice
and consent of the Council and shall serve for a term of one year
and until a successor shall be appointed and qualified.
[Added 11-13-1995 by Ord. No. 1995-7; amended 3-22-1999 by Ord. No. 1999-3]
A person applying for representation by the
Municipal Public Defender may be required to pay an application fee
of not less than $50 nor more than $200 to help defray the costs of
the Municipal Public Defender. The Municipal Court Judge will have
the authority to waive this fee.
[Added 5-23-2011 by Ord.
No. 2011-11]
Persons having weddings or civil union ceremonies performed
in the Prospect Park Municipal Court shall pay a fee at the time the
license is obtained equal to:
