[Adopted 12-4-2017 by Ord. No. 17-39C;[1] amended in its entirety 5-2-2022 by Ord. No. 22-11C]
[1]
Editor’s Note: This ordinance also repealed former Art. III, General Penalty, adopted 8-2-1974 as § 3-19 of the 1974 Code, as amended.
For violation of any provision of the Township Code or any other ordinances of the Township where no specific penalty is provided, the maximum penalty, upon conviction, shall be one or more of the following pursuant to N.J.S.A. 40:49-5: i) for zoning or housing Code violations, by a fine not exceeding $1,250; ii) for unlawful waste disposal, by a fine not exceeding $2,500; iii) for any other violations of the Code where the penalty is not otherwise set forth in the chapter, by a fine not exceeding $2,000; iv) 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; and/or v) by a period of community service not exceeding 90 days. Any person convicted of the violation may, in the discretion of the Court by which he or she 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 Township 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 separate act and/or every day in which a violation of any provision of a chapter or any other ordinance of the Township exists shall constitute a separate violation.
[Amended 5-3-2021 by Ord. No. 21-10C]
Any person who is convicted of violating this Code or an ordinance within one year of the date of a previous violation of the same provision of this Code or 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 or Code provision but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision. If the Board of Commissioners elects not to impose an additional fine upon a person for a repeated violation of any municipal ordinance, the Board of Commissioners may waive the additional fine by ordinance or resolution.
[Added 5-2-2022 by Ord. No. 22-11C[1]]
Pursuant to Rule 7:12-4, the following Local Supplemental Violations Bureau Schedule of designated offenses and payable amounts has been approved by the vicinage Assignment Judge and shall be in effect for offenses committed on and after May 10, 2022. This Local Schedule shall be prominently posted for public inspection at the location of the Violations Bureau.
A. 
Designated offenses.
(1) 
Part I, Parking section.
Code Section
Description
Payable Amount
§ 135-3A
Parking - private property
$50
§ 189-5
Parking - at all times
$50
§ 189-6
Parking - certain times
$50
§ 189-7
Parking - certain cul-de-sac portions
$50
§ 189-8
Parking - access easements
$50
§ 189-9
Parking - street-ends and barricades and beach entrances
$50
§ 189-10
Parking - alternate-side parking
$50
§ 189-11
Parking - public lots and recreational facilities
$50
§ 189-13C
Parking - municipal lots after posted hours
$50
§ 189-18
Parking - designated handicapped spaces
$50
§ 189-23
Parking - crosswalks, sidelines, intersections, stop signs
$50
§ 189-24A
Parking - certain streets more than 15 minutes
$50
§ 189-24B
Parking - certain streets more than 1 hour
$50
§ 189-24C
Parking - on certain streets
$50
§ 189-36A(1)
Parking - employee parking lots
$50
§ 189-36A(2)
Parking - Mayor's designated area
$50
(2) 
Part II, Non-parking section.
Code Section
Description
Payable Amount
Alcoholic Beverages
§ 39-7
Consumption of alcoholic beverages in public
First offense
$100
Second offense
$200
Each additional offense
Appearance required
Animals
§ 47-3
Unlicensed animals
$100
§ 47-4
Animals running at large
$100
§ 47-5
Animals on beach
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 47-8
Disposal of fecal matter
$500
Beach
§ 51-18A
Games prohibited on the beach
$50
§ 51-18B
Swim or bathe at an unsafe depth in the ocean
$50
§ 51-18C
Use of inflatable rafts and objects when prohibited
$50
§ 51-18D
Litter on the beach
First offense
$250
Second offense
Appearance required
§ 51-18E
Disobey orders, directs, and/or whistle of lifeguard
$150
§ 51-18F
Sleeping on the beach
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 51-18G
Disrobing (changing clothes) on beach or in public
$250
§ 51-18H
Picnic on beach
$65
§ 51-18K
Launch or land of jet skis and boats
$250
§ 51-18L
Skateboard use and storage of boats and trailers in parks
$250
§ 51-18M
Windsurf in areas other than Bayview Park
$50
§ 51-18N
Installation or placement of any device in dune area
$250
§ 51-18O
Walking, sitting, standing, or occupying dune area
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 51-18P
No feeding of wildlife
$200
§ 51-18Q
Tent, umbrella, or sunshade over maximum diameter
$50
§ 51-18R
Erection of any beach umbrella between 7:00 p.m. and 9:00 a.m.
$50
§ 51-18S
No fires of any type
$250
§ 51-18T
Lighted substances and tobacco
$250
§ 51-18U
Tables on oceanfront or bayfront beaches
$50
§ 51-18V
Food and/or beverage deliveries
$65
§ 51-18W
Sit, stand, walk, run, or fish on any oceanfront rock jetty
$150
§ 51-18X
Surf on any oceanfront beach, unless designated
$200
Beach Badges
§ 51-26
Failure to purchase beach badge
$150
§ 51-26
Failure to have beach badge in possession
$50
Beach Buggies
§ 51-20
Failure to purchase beach buggy permit
$250
§ 51-20
Unlicensed buggy on the beach
$250
§ 51-20
Unlicensed motor vehicle on beach
$500
§ 51-22A
Prohibited on beach front from May 15 through Sept. 30
$250
§ 51-22B
Speed limit is 15 mph on beaches
$200
§ 51-22C
Vehicles prohibited on dunes; nondesignated entrances
$500
§ 51-22D
Keep safe distance from people and certain areas
$200
§ 51-22E
Litter discarded from vehicle
$500
§ 51-22F
Lights required at night
$200
§ 51-22G
Operation of vehicle in unsafe manner
$500
§ 51-22H
Prohibition in Holgate when announced
$500
§ 51-22I
Emergency equipment required
$200
§ 51-22J
Unattended vehicle
$200
Bicycles
§ 53-1
Prohibited on public sidewalks
$100
§ 53-2
More than 2 wheels prohibited on Long Beach Boulevard
$50
Fireworks
§ 89-1
Possession or sale of fire works
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 89-2
Use of fireworks
First offense
$250
Second offense
$350
Each additional offense
Appearance required
Games
§ 135-2
Unlawful on streets running northeast and southwest
$25
Garage Sales
§ 152-3
Permit required
$100
§ 152-4
Sale must be conducted between 8:00 a.m. and 9:00 p.m.
$100
Garbage - Trash and Recycling
§ 115-10
Open or overflowing waste disposal bins
$150
§ 168-2A
Water-tight receptacles and tight fitting lids
First offense
$150
Second offense
$250
Each additional offense
Appearance required
§ 168-2H(1)
Debris, brush, etc. bundled or in containers
First offense
$150
Second offense
$250
Each additional offense
Appearance required
§ 168-2H(2)
Recycling of newspapers and paper products
First offense
$150
Second offense
$250
Each additional offense
Appearance required
§ 168-2H(3)
Recycling of magazines, catalogs and brown cardboard
First offense
$150
Second offense
$250
Each additional offense
Appearance required
§ 168-2H(5)
Recycling of co-mingled items
First offense
$150
Second offense
$250
Each additional offense
Appearance required
§ 168-2H(6)
Recycling receptacles
First offense
$150
Second offense
$250
Each additional offense
Appearance required
Ice Cream Trucks
§ 195-2
Permit required
$150
§ 195-7L
Prohibited before 9:00 a.m. and after 9:00 p.m.
$25
§ 195-7K(1)
Noise, speaking devices, bells, etc. prohibited after 8:00 p.m.
$50
Miscellaneous
§ 68-5
Storage of building materials in public right-of-way
First offense
$250
Second offense
$500
Each additional offense
Appearance required
§ 105-3
Smoking
$100
§ 123-5
Noise levels
First offense
$150
Second offense
$300
Each additional offense
Appearance required
§ 123-6
Noise restrictions
First offense
$150
Second offense
$300
Each additional offense
Appearance required
§ 123-6B(8)
Water-damping device required for cutting of stone, etc.
First offense
$250
Second offense
$500
Each additional offense
Appearance required
§ 127-10
Public health nuisances
First offense
$250
Second offense
$500
Each additional offense
Appearance required
§ 135-1
Sleeping in motor vehicle
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 135-4A
Urinating in public
$500
§ 135-6
Peace and good order
$250
§ 135-6C
Disrobe, dress/undress on public street or property
First offense
$100
Second offense
$200
Each additional offense
Appearance required
§ 205-7A
Structures in the public right of way
$250
§ 205-65
Signs
First offense
$50
Second offense
$100
Each additional offense
Appearance required
[1]
Editor's Note: This ordinance also renumbered former §§ 1-20 and 1-21 as §§ 1-23 and 1-24, respectively.
[Added 5-2-2022 by Ord. No. 22-11C]
For all offenses set forth in § 1-20A(2) where an appearance is required for a subsequent offense the provisions of §§ 1-17, 1-18, and 1-19 shall apply. Where there are no subsequent offenses set forth in § 1-20A(2), there shall be no additional fines or court appearances required for those specific offenses. All offenses constituting a subsequent offense in § 1-20A(2) are for a conviction of violating the Code provision within one year of the date of a previous violation of the same Code provision.
[Added 5-2-2022 by Ord. No. 22-11C]
Except where otherwise set forth in the specific chapter of the Township Code, all notices of violation of the Township Code elected to be issued by the designated official, at the official’s discretion, shall be served by either certified mail or personal service. Unless otherwise required by law, a notice of violation shall not be a precondition to the issuance and service of a summons, a summons may issue and be served without a prior notice of violation, and the service of a summons shall be in accordance with the Rules Governing Practice in Municipal Courts. In the event the designated official elects to issue a notice of violation, he or she shall possess the discretion to determine the amount of time set forth in the notice to remedy the violation prior to the issuance of a summons or the Township’s institution of an appropriate legal action in a court of competent jurisdiction.
Parts I and II of this Schedule list specific amounts that may be payable through the Violations Bureau for designated traffic and non-traffic offenses pursuant to R. 7:12-4. However, payment for any of those listed offenses, or any other matter, may not be made through the Violations Bureau if the law enforcement officer marks on the complaint-summons that a court appearance is required.
A. 
If, in the opinion of the officer issuing the complaint-summons, circumstances indicate the defendant should appear in court, the officer has the option to check the "Court Appearance Required" box on the complaint-summons, in which case the matter may not be processed in the Violations Bureau.
B. 
Pursuant to and in accordance with R. 7:12-3, the Municipal Court may permit a guilty plea by mail or to plead not guilty by mail and submit a written defense for use at trial, if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration.
A. 
In Part I (Traffic Violations), the payable amount established in this Local Supplemental Violations Bureau Schedule, for each offense, includes at least a fine, court costs (which may equal, but not exceed the fine), and the following amounts required by statute to be assessed: $1 for the Body Armor Replacement Fund; $1 for the New Jersey Spinal Cord Research Fund; $2 for the New Jersey Forensic DNA Laboratory Fund; $1 for the Autism Medical Research and Treatment Fund; and $1 for the New Jersey Brain Injury Fund.
B. 
In Part II (Non-Traffic Violations), the payable amount established in this Local Schedule, for each offense, includes a fine and court costs (which may equal, but not exceed the fine).
C. 
A portion of the total court costs allocated of this Local Schedule shall be distributed upon collection in accordance with N.J.S.A. 22A:3-4 and N.J.S.A. 2B:12-30, as follows:
(1) 
For all violations payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule or a Local Schedule, $2 shall be collected by the Municipal Court administrator for the deposit into the Automated Traffic System Fund and $3 shall be collected by the Municipal Court Administrator and deposited into the Automated Traffic System Statewide Modernization Fund. This portion of court costs cannot be suspended.
(2) 
For all violations of the provisions of Title 39, or any other motor vehicle or traffic violation payable through the Violations Bureau, $0.50 shall be collected by the Municipal Court Administrator and deposited into the Emergency Medical Technician Training Fund. This portion of court costs cannot be suspended.
(3) 
Any remaining court costs shall be collected by the Municipal Court Administrator and distributed to the municipality.
D. 
Miscellaneous.
(1) 
Additional penalties for failure to appear on return dates.
(a) 
For motor vehicle, traffic, and parking cases listed on this Local Schedule, the following additional penalties shall be added to the payable amount, as indicated:
[1] 
When a supplemental notice is sent, $10 per notice shall be added to the payable amount due.
[2] 
When a notice of proposed suspension for a parking violation is sent, $10 shall be added to the payable amount.
[3] 
When an order to suspend is issued for a parking violation, $15 will be added to the payable amount.
[4] 
A DMV fee of $3 is also to be added to the total payable amount due upon the issuance of an order to suspend.
[5] 
When a warrant is issued, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be as follows:
[a] 
Parking offenses: the payable amount, plus $15.
[b] 
All other listed offenses: the payable amount, plus $25.
[6] 
Pursuant to N.J.S.A. 39:5-9, costs not to exceed $33 may be deducted by the Municipal Court from forfeited bail in traffic cases.
(b) 
For non-traffic offenses listed on this Schedule, N.J.S.A. 2B:12-31 permits the Municipal Court to order the suspension of a defendant's driving privilege for failure to appear at any scheduled court appearance. The following procedures may be used by the Court to effectuate that process.
[1] 
Send a notice of proposed suspension of driving privileges for failure to appear to the defendant. This notice may be used for violations that are payable on this Schedule, as well as for those violations that are not.
[a] 
Note: Unlike traffic matters, no fee may be assessed for the mailing of this notice.
[2] 
Should the defendant fail to respond and appear in response to the notice of proposed suspension, the Municipal Court may issue an order of suspension. When the Municipal Court issues the order, $25 [$10 (notice) + $15 (order)] shall be added to the total payable amount.
[3] 
A DMV fee of $3 shall also to be added to the total payable amount, upon the issuance of the order of suspension.
[4] 
When a warrant is used, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be the amount of the payable amount, plus $50.
(2) 
By executing the form of authorization to apply bail against fine(s) and costs and waiver of rights, a defendant against whom a warrant has been issued waives the rights to a lawyer and a trial, enters a plea of guilty to the offense charged and authorizes the Municipal Court Administrator to apply the bail posted toward the payment of fines, assessments and costs owed. This form may be used for all offenses payable through the Violations Bureau.