[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach 6-12-1979 by Ord. No. 79-04-270. Sections 8-4 and 8-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Effective July 1, 1979, a Municipal Court, to be entitled the "Municipal Court of the Borough of Pine Beach," is hereby established pursuant to N.J.S.A. 2A:8-1 et seq., its supplements and amendments.
The Municipal Court of the Borough of Pine Beach shall have a Seal which shall bear the name of the Court.
The Judge of the Municipal Court of the Borough of Pine Beach shall be appointed by the Mayor with the advice and consent of the Borough Council and shall serve for a term of three years from the date of his appointment and until his successor is appointed and qualified. Any appointment to fill a vacancy caused other than by expiration of the term of the Judge shall be made for the unexpired term only.
[Amended 4-14-1992 by Ord. No. 92-05-426]
The Judge of the Municipal Court shall receive an annual salary, which salary shall be paid by the Borough of Pine Beach and which shall be in lieu of any and all other fees, costs or allowances. Said salary may be increased or decreased from time to time as provided by law and shall be as set forth in the Annual Salary Ordinance of the Borough of Pine Beach. (See Ch. 34, Salaries and Compensation.)
The Municipal Court of the Borough of Pine Beach and the Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred upon such Courts and Judges by the laws of the State of New Jersey, their amendments and supplements.
[Amended 4-14-1992 by Ord. No. 92-05-426]
There shall be a Clerk of the Municipal Court of the Borough of Pine Beach appointed by the Mayor with the advice and consent of the Borough Council. The initial term of said Clerk shall expire December 31, 1979. Thereafter, commencing January 1, 1980, the term of said Clerk shall be for a period of one year from the date of appointment and until a successor has been appointed and qualified. The governing body may, by resolution, designate any officer or employee of the municipality to serve as Clerk of the Municipal Court, with or without additional compensation. The Clerk of the Municipal Court of the Borough of Pine Beach shall receive an annual salary, which shall be paid by the Borough of Pine Beach. The salary of the Clerk shall be paid in the same manner as salaries of other municipal officers and may be increased or decreased from time to time as provided by law and as set forth in the Annual Salary Ordinance of the Borough of Pine Beach. (See Ch. 34, Salaries and Compensation.) The salary of the Court Clerk shall be in lieu of all other fees, costs and allowances. The Clerk shall perform such functions and duties as shall be prescribed by law, the rules applicable to Municipal Courts and by the Judge of the Municipal Court.
The Municipal Court of the Borough of Pine Beach shall be held in and have its offices at the Municipal Building, Pennsylvania Avenue, in the Borough of Pine Beach. The Judge of the Municipal Court shall sit at such times as he deems necessary and proper in order to effectively perform the business of the Court and for the proper administration of justice in the Borough of Pine Beach, subject to the rules and statutes applicable to Municipal Courts.
[Added 3-8-1994 by Ord. No. 94-01-451]
A. 
Employment of Public Defender. Pursuant to N.J.S.A. 2B:12-28a, the borough may employ a licensed attorney at law of the State of New Jersey as Municipal Public Defender to provide for representation of persons entitled by law to the appointment of counsel. Such employment shall be authorized by resolution, at such rate or rates as may be determined and may be on a part-time or per-case basis.
B. 
That any person applying for representation by a municipal public defender in the Borough of Pine Beach shall pay an application fee of not more than $200 to the Municipal Court Clerk at the time of the application. The amount paid shall be only an amount necessary to pay the costs of the Municipal Public Defender services. The Court may waive the required fee in whole or in part if the Court determines upon a clear and convincing showing by the applicant that the fee represents an unreasonable burden on the person seeking the services of the Public Defender. The Municipal Court may permit the applicant to pay the fee over a specified time not to exceed four months.
[Amended 12-10-1997 by Ord. No. 97-16-514]
C. 
That any funds collected pursuant to Subsection B. shall be deposited in a dedicated fund administered by the Chief Financial Officer, and those funds shall be used exclusively to meet the costs incurred in providing the services of the Public Defender or if required, attendant expert and lay investigation and services.
[Added 12-10-1997 by Ord. No. 97-16-514]