[Adopted 9-16-2009 by Ord. No. 2346-09]
A.
Pursuant
to N.J.S.A. 40:49-5, as revised by P.L. 2006 c 269, the governing
body of the Borough of Roselle hereby provides the following penalties
for violation of its municipal ordinances, where such ordinances do
not provide for a specific penalty; imprisonment in the Borough Jail
or any place provided by the municipality for the detention of prisoners
for a term not exceeding 90 days; or by a fine of no less than a minimum
fine of $100 nor more than a maximum fine of $2,000; or by a period
of community service not exceeding 90 days.
B.
Violations
of any ordinances pertaining to unlawful solid waste disposal shall,
in addition to the other penalties imposed above, be subject to a
fine which maybe fixed at an amount not exceeding $2,500 or a maximum
penalty by a fine not exceeding $10,000.
C.
Unless
otherwise set forth in a specific ordinance or section of the Borough
Code, in any case involving a violation of a housing or zoning code,
a fine in excess of $1,250 may only be imposed if the court provides
a 30 days' period in which the owner shall be afforded the opportunity
to cure or abate the condition and also afford the owner an 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 not determined
otherwise, or upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
Any person who is convicted of violating an ordinance within
one year of the date of previous violation of the same ordinance and
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 fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
Any person convicted of violation of an 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
Borough Jail or place of detention provided by the municipality, for
any term not exceeding 90 days, or be required to perform community
service for 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 this section is not intended to
state an appropriate penalty for each and every violation. At the
discretion of the Judge of the Municipal Court, any lesser penalty,
including a nominal penalty or no penalty at all, may be appropriate
for a particular case of violation.
