[Adopted by Ord. No. 1987-8 (Sec. 1-5 of the 1987 Revised General Ordinances)]
[Amended by Ord. No. 2004-38]
A.
Any
person who shall violate any provision of this Code or any other ordinance
of the Borough of Red Bank shall, upon conviction thereof, be punishable
by one or more of the following: imprisonment in the county jail or
in any place provided by the Borough for the detention of prisoners,
for any term not exceeding 90 days; or by fine not exceeding $2,000;
or by a period of community service not exceeding 90 days.
[Amended 5-22-2006 by Ord. No. 2006-26]
B.
Except
that if a fine in excess of $1,250 is imposed upon an owner for violations
of the Borough of Red Bank's housing or zoning codes, the owner
shall be provided with a thirty-day period in which the owner shall
be afforded the opportunity to cure or abate the condition and shall
also be afforded an opportunity for a hearing before a Court of competent
jurisdiction for an independent determination concerning the 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, upon reinspection of the property, it is determined that the abatement
has not been substantially completed.
[Added 5-22-2006 by Ord. No. 2006-26]
C.
The
Council may prescribe that for the violation of any particular ordinance,
at least a minimum penalty shall be imposed which shall consist of
a fine which may be fixed at an amount not less than $100. The court
before which any person is convicted of violating any ordinance of
a municipality shall have power to impose any fine, term of imprisonment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in such ordinance. Any person convicted of the violation
of any ordinance may, in the discretion of the court by which he was
convicted, 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.
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.
The maximum penalty stated, in the general penalty clause of
this article is not intended to state an appropriate penalty for each
and every violation. Any lesser penalty, including a nominal penalty
or no penalty at all, may be appropriate for a particular case or
a particular violation.
