[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 10-27-2015 by Ord. No. 18-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 58, but was renumbered to maintain the organization of the Code.
A. 
Purpose. A section to prohibit and penalize any parent or other person enrolling a student in the Borough of Totowa School District, or any parent or other person enrolling a student in the Passaic Valley Regional High School claiming that his or her child is a resident of Totowa, seeking free of charge education when such student is ineligible for free of charge education.
B. 
Prohibited conduct. It shall be unlawful for any person who is 18 years old and older, to:
(1) 
Knowingly register or enroll a student in the Borough of Totowa School District, or Passaic Valley Regional High School District, seeking free of charge education or maintain the enrollment of a student receiving free of charge education when the student is ineligible for free of charge education pursuant to N.J.S.A. Title 18A; or
(2) 
Knowingly assist, aid or permit a student to register or enroll in the Borough of Totowa School District or Passaic Valley Regional High School District seeking free of charge education when the student is ineligible to attend free of charge pursuant to N.J.S.A. Title 18A; or
(3) 
Knowingly permit his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of any student seeking free of charge education in the Borough of Totowa School District or Passaic Valley Regional High School District when the student is ineligible to attend free of charge pursuant to N.J.S.A. Title 18A; or
(4) 
Does not notify or inform the Borough of Totowa School District or Passaic Valley Regional High School District when a student is no longer a resident in the household of that person who had previously knowingly permitted his or her name, address or other residence designating documentation to be utilized in the registration or enrollment of the student in the Borough of Totowa School District or Passaic Valley Regional High School District.
C. 
Requirements. Upon the request of the Borough of Totowa School District or Passaic Valley Regional High School District, the parent or guardian of a student registered in the Borough of Totowa School District or the Passaic Valley Regional High School District shall be required to complete documentation intended to determine the student's eligibility to attend school in the Borough of Totowa School District or the Passaic Valley Regional High School District free of charge in accordance with N.J.S.A. Title 18A. All residents hosting other families, with a student enrolled in the Borough of Totowa School District or the Passaic Valley Regional High School District in their residence, must register with the Borough of Totowa School District or the Passaic Valley Regional High School District and must notify the Borough of Totowa School District or Passaic Valley Regional High School District when such other families no longer reside with the resident.
D. 
Enforcement.
(1) 
Subsections A, B and C may be enforced by the administrative officials of the Borough of Totowa School District in their sole discretion.
(2) 
The chapter shall also apply to a parent or guardian who improperly claims his or her child is a resident of the Borough of Totowa, when the child is not such a resident, and sends his or her child to the Passaic Valley Regional High School. As such, all provisions of this chapter will apply to such improper conduct, including, but not limited to, the penalty provisions of this chapter.
E. 
Penalty. Any person violating the provisions of Subsections A, B and C shall, upon conviction thereof, be sentenced to pay a fine of up to $2,000 and to the maximum lawful extent make restitution to the Borough of Totowa Board of Education or Passaic Valley High School Board of Education, respectively. In determining the amount of restitution, the Municipal Court of the Borough of Totowa, Passaic County shall include amounts incurred by the Borough of Totowa Board of Education or Passaic Valley High School Board of Education, including but not limited to tuition costs, investigation expenses and attorneys' fees.
F. 
Restitution. Restitution ordered by the Municipal Court of the Borough of Totowa, Passaic County, shall be paid to the Borough of Totowa Board of Education or the Passaic Valley High School Board of Education within 30 days of such an order being final and not subject to further appeal. Unpaid restitution and fines may, upon the petition of the Borough of Totowa Board of Education or the Passaic Valley High School Board of Education to the Municipal Court of the Borough of Totowa, be converted into liens against the properties of the offending parties.