[Adopted 12-26-1975 by Ord. No. 700 as § 3-8 of
the 1975 Revised General Ordinances; amended in its entirety 7-21-2009 by Ord. No.
2009-10 (Ch. 1, Art. II, of the 1986 Code)]
A.
Maximum
penalty. For violation of this Code or any other ordinance of the
Borough, the maximum penalty, upon conviction, shall be one or more
of the following: imprisonment in the county jail or in any place
provided by the municipality for the detention of prisoners for any
term not exceeding 90 days; or a fine not exceeding $2,000; or a period
of community service not exceeding 90 days. In the event that the
Legislature authorizes an increase in penalties in accordance with
N.J.S.A. 40:49-5, then and in that event it is the intent of this
subsection that any and all such increased penalties shall apply to
any violations occurring hereunder.
[Amended 12-7-2016 by Ord. No. 2016-26]
B.
A
minimum penalty not exceeding $100 shall apply for any and all violations
of any section of the Code of the Borough of Wood-Ridge.
C.
The
violation of any ordinance or section of the Code pertaining to the
unlawful disposal of solid waste shall be subject to a minimum penalty
not exceeding $2,500 or a maximum penalty not exceeding $10,000.
D.
The
court shall have the power to impose any fine, term of imprisonment,
or period of community service not less than the minimum and not exceeding
the maximum set forth in this section upon any person convicted of
violating any section of the within Code or ordinances of the Borough
of Wood-Ridge.
E.
Any
person convicted of violating an ordinance and/or a section of this
Code within one year of the date of a previous violation of the same
ordinance and/or section of this Code and who was fined for the previous
violation shall be sentenced by the 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 established in this section but shall be calculated
separately from the fine imposed for the violation of the ordinance
and/or section of this Code.
F.
The
Borough of Wood-Ridge may, by ordinance or resolution, waive the additional
fine for a repeated violation of any ordinance and/or section of the
Code. Any person convicted of the violation of any ordinance and/or
section of the Code may, in the discretion of the court and in default
of the payment of any fine imposed therefor, be imprisoned in the
county jail or place of detention provided by the municipality for
any term not exceeding 90 days or be required to perform community
service for a period not exceeding 90 days.
G.
In
the event the court wishes to impose a fine in an amount greater than
$1,250 upon an owner of real property for violations of housing or
zoning codes of the Borough, then and in that event a thirty-day grace
period shall be provided to said owner in order to cure or abate the
violative condition, and said owner shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the said violation. Subsequent to the expiration
of the thirty-day period, a fine greater than $1,250 may be imposed
if a court has not determined otherwise or if, upon reinspection of
the property, the court determines that the abatement has not been
substantially completed.
H.
Separate
violations. Except as otherwise provided, each and every day in which
a violation of any provision of this Code or any other ordinance of
the Borough exists shall constitute a separate violation.
[Amended 12-7-2016 by Ord. No. 2016-26]
