[Amended 2-21-2006 by Ord. No. 7-2006]
A. Any
person who shall violate any of the provisions of any ordinance or
part thereof of the Township, upon conviction, shall be subject to
a fine of not more than $2,000, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof in the discretion of the Municipal Court Judge.
Each day on which a violation of an ordinance exists shall be considered
to be a separate and distinct violation and subject to the imposition
of a separate penalty for each day of the violation, as the Municipal
Court Judge may determine.
B. Whenever
a fine is to be imposed in an amount greater than $1,250 for violations
of housing or zoning codes, the owner shall be provided a thirty-day
period during which the owner shall be afforded the opportunity to
cure or abate the condition and shall be afforded the opportunity
for a hearing before the court 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 the court has determined
that the abatement has not been substantially completed.
C. The
maximum penalty set forth herein shall not apply where a specific
lower maximum penalty is provided for in a specific section of the
Edgewater Park Township Code.
[Amended 2-21-2006 by Ord. No. 7-2006]
The Municipal Judge before whom any violator of any ordinance or section or part thereof is convicted shall have the power to impose any fine or term of imprisonment or term of community service or combination thereof not exceeding the maximum fixed by §
1-8 of this article.
[Amended 2-21-2006 by Ord. No. 7-2006]
In default of the payment of any fine imposed for any breach,
as aforesaid, any person convicted of the violation of any ordinance,
or section or part thereof, of the said Township may, at the discretion
of the Municipal Judge by whom he was convicted, be imprisoned in
the county jail or any place of detention provided by the municipality
for any term not exceeding 90 days, as aforesaid.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation 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, but shall be calculated separately from
the fine imposed for the violation of the ordinance. (N.J.S.A. 40:49-5,
June 29, 1989.)