[Prior code § 3-19; amended by Ord. 90-14 § 1, 1990; 12-27-2022 by Ord. No.
2022-21]
A. Maximum penalties. For violation of any provision of the Borough
Code or any other ordinances of the Borough 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.
B. Separate violations. 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.
C. Additional fine for repeat offenders. 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 Mayor and Council elect not
to impose an additional fine upon a person for a repeated violation
of any municipal ordinance, the Mayor and Council may waive the additional
fine by ordinance or resolution.
D. Enforcement in a municipal court by way of prosecution for violations
of the ordinances of the Borough shall not preclude other remedies
that may be available at law.