[Added 6-19-2019 by Ord. No. 1305]
As used in this article, the following terms shall have the meanings indicated:
ANTENNA
An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location, for the provision of personal wireless service and any commingled information services.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way permit, including, but not limited to, all professional fees such as engineer and attorney costs to the Borough.
APPLICANT
The entity seeking a permit to construct or install a facility or facilities in the public rights-of-way, which shall include a permittee, a competitive local exchange carrier, contractor or construction contractor, agent or independent contractor for a carrier or other third party operator. The applicant shall include the term "permittee" when required permits have been issued pursuant to this article.
BOROUGH
The Borough of Wildwood Crest, County of Cape May, State of New Jersey.
BOROUGH ENGINEER
The person appointed by the Borough to be the borough engineer, or the board engineer.
CABINET
A small box-like or rectangular structure used to facilitate utility or personal wireless services from within the public rights-of-way.
CARRIER
Any firm, partnership, association, corporation, limited liability company, or any other legally recognized organization, licensed by the Federal Communications Commission to provide personal wireless services or authorized by the New Jersey Board of Public Utilities to provide telecommunications services in the State of New Jersey. "Carrier" shall also mean and include any other third-party operator, contractor or construction contractor who will be constructing or installing the facilities or equipment as agent or independent contractor for a carrier or other third-party operator.
COLLOCATION
Mounting or installing an antenna facility on a pre-existing pole, and/or modifying a structure for the purpose of mounting or installing an antenna facility on that pole.
CONDUIT
A casing or encasement for wires or cables.
COUNTY
The County of Cape May, State of New Jersey.
EXISTING POLE
A wireless pole, or pole owned by an incumbent local exchange carrier, competitive local exchange carrier, electric distribution company or other company that is in lawful existence within the public rights-of-way.
FACILITY or FACILITIES
All structures, devices, and materials, including but not limited to: antennas, radios, cabinets, electrical wires and cables, fiber optic cables, communications and video cables and wires, poles, conduits, pads, backup power supply and other components of personal wireless service facilities, and appurtenances thereto, located in the public rights-of-way. Each pole mounting set up shall be a separate facility for regulatory purposes, applications, and fees.
GOVERNING BODY
The Board of Commissioners of the Borough of Wildwood Crest, County of Cape May, State of New Jersey.
GROUND-MOUNTED EQUIPMENT
Any wireless cabinet or other equipment that is touching the ground.
MUNICIPALITY
The Borough of Wildwood Crest, County of Cape May, State of New Jersey.
PERMITTEE
The applicant or carrier to which a permit has been issued pursuant this article and Master License Agreement for Use of Public Rights-of-Way.
PERSONAL WIRELESS SERVICE FACILITIES
Equipment at a fixed location that enables personal wireless service between user equipment and a communications network, including but not limited to: a) equipment associated with personal wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and b) tower, radio transceivers, antennas, antenna equipment, coaxial or fiber-optic cable, regular and backup power supplies and comparable equipment, regardless of technological configuration.
PERSONAL WIRELESS SERVICES
Any technologies defined in 47 U.S.C. 332(c)(7) including commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, provided to personal mobile communication devices through wireless facilities or any fixed mobile wireless services provided using personal wireless facilities.
POLE
A wooden utility pole that is used to support telephone wires, electrical wires, etc.
PUBLIC RIGHTS-OF-WAY
The surface, the air space above the surface, and the area below the surface of any street, road, highway, lane, alley, boulevard, or drive, including the sidewalk, shoulder and area for utilities owned by the Borough or within an easement to the public or other easement owned by the Borough. This term shall also include county rights-of-way.
STEALTH STRUCTURE
A structure or facility finished and/or painted and/or otherwise camouflaged, in conformance with the best available stealth technology methods, so as to blend in and be compatible with its background so as to minimize its visual impact on surrounding properties.
STREET
Any street, alley, avenue, boulevard, road, parkway, viaduct, drive or other way as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-7.
STRUCTURE
A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
THIRD PARTY OPERATOR
An applicant or permittee that is not a licensed wireless carrier or competitive local exchange carrier that will construct, operate or maintain wireless facilities for the provision of service of one or more wireless carriers.
ZONING BOARD
The Zoning Board of Adjustment of the Borough of Wildwood Crest, Cape May County, New Jersey.
ZONING OFFICER
The administrative officer as defined in N.J.S.A. 40:55D-3 and the zoning officer of the Borough or his/her authorized designee.
ZONING PERMIT
The document signed by the zoning officer pursuant to N.J.S.A. 40:55D-18 that is required as a condition precedent to the installation of an individual facility and which acknowledges that the facility complies with the provisions of this article, or approved deviation therefrom.
A. 
Purpose. The purpose and intent of this article is for the Borough to exercise its lawful authority to grant consent to the limited use of the public rights-of-way and to allow the attachment of facilities only to existing wooden utility poles located therein pursuant to N.J.S.A. 48-19,[1] subject to certain conditions as stated herein, in order to allow the prompt deployment of facilities while also effectively managing the public rights-of-way and protecting the aesthetic and safety interests of the public.
[1]
Editor's Note: So in original.
B. 
Facilities subject to this article. This article applies to all facilities, as herein defined, within the public rights-of-way, except as otherwise provided in any existing franchise, license or similar agreement. All facilities proposed to be placed within the public rights-of-way, including all facilities proposed to be placed by utilities regulated by the Board of Public Utilities and all other entities lawfully within the public rights-of-way, shall be subject to the standards and procedures set forth in this article and shall require a permit for the siting of poles, antennas, and cabinets or other facilities in the public rights-of-way. The deployment of facilities on private property and public property outside of the public rights-of-way shall not be controlled by this article or the Master License Agreement, but by other applicable Borough ordinances and the New Jersey Municipal Land Use Law. In no event shall this section apply to the Borough or facilities owned or operated by the Borough.
C. 
Master License Agreement required. Every carrier seeking to install facilities in the public rights-of-way, excluding those holding a franchise, license or similar agreement with the Borough, shall first enter into the Master License Agreement substantially complying with the requirements of this article and apply for and obtain a zoning permit and construction permit as provided herein. The execution of the Master License Agreement by the carrier and the Borough shall grant the Borough's consent to the carrier to utilize the public rights-of-way pursuant to N.J.S.A. 48-19[2] and N.J.S.A. 27:16-6 and subject to this article, shall control the installation, maintenance, and removal of the facilities.
[2]
Editor's Note: So in original.
D. 
Duration of consent and removal. The nonexclusive consent granted to the carrier shall expire in 10 years unless earlier terminated. Carrier may cancel the Master License Agreement upon 60 days' prior written notice to the Borough.
A. 
Application requirements. The application shall contain, at a minimum, the following:
(1) 
The carrier's name and address and telephone number of the contact person for such carrier;
(2) 
The applicant's name and address, if different than the carrier, and telephone number of the contact person for such applicant;
(3) 
The names, addresses, telephone numbers of the professional consultants, if any, advising the applicant with respect to the application;
(4) 
A plan with specifications for the facility showing the work proposed and location establishing that the facility will be located in the public rights-of-way including sufficient information regarding the components of the facility, their types, quantities, cross sections, elevations, and such information that is necessary as to determine weather the proposed facility meets the conditions and requirements set forth in § 85-2506, Conditions and requirements.
(5) 
In the event the Zoning Officer or Board Engineer is unable to determine whether such pole or facility is located within the public rights-of-way, a survey signed and sealed by a New Jersey licensed professional land surveyor demonstrating that any proposed pole and/or proposed facility is located within the public rights-of-way may be required.
(6) 
Site photographs from the north, east, south and west of the proposed facility;
(7) 
Any request for a deviation from one or more provisions of this article, identifying each provision of the article from which a deviation is requested and the reason why a deviation should be granted; and
(8) 
Such additional information as may be reasonably required by the Zoning Officer or Board Engineer.
B. 
Application fees. All applications for zoning permits pursuant to this article shall be accompanied by a fee in the following amounts:
(1) 
A non-recurring fee of $500 which will permit the installation of up to five facilities.
(2) 
An additional $100 fee will be required for any additional proposed facilities above five.
(3) 
An annually recurring fee of $270 per facility and or pole within the public rights-of-way will be assessed.
(4) 
A non-recurring fee of $1,000 for a new pole (i.e., not a collocation) intended to support one or more facilities.
A. 
Installation of facilities. It shall be lawful for any permittee to install facilities in the public rights-of-way only on existing wooden poles, provided that the permittee complies with all requirements of this article and the terms and conditions of the Master License Agreement.
B. 
New poles; structures. No new poles or other structures shall be erected for the purpose of placing facilities regulated herein. The setting of utility poles is regulated by the New Jersey Board of Public Utilities ("BPU"). The Borough authorizes only the utility company to set utility poles in the public rights-of-way in their normal course as they deem appropriate and/or necessary subject to BPU regulation.
C. 
Distance. No proposed pole-mounted facility or other facility shall be placed within 200 feet of an existing pole-mounted facility or other facility.
D. 
Volume of antenna. The volume of each antenna shall not exceed three cubic feet.
E. 
Volume of facility. All other facilities and associated wireless equipment, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the pole shall not exceed more than 28 cubic feet in volume.
F. 
Site triangles. No pole or facility shall interfere with the public's use of the public rights-of-way and shall not hinder any sight triangles or otherwise cause unsafe driving conditions for vehicles or pedestrians within the public rights-of-way.
G. 
Minimum height of pole-mounted facility. All facilities shall be pole mounted at a minimum of 10 feet from the ground and/or shall conform to all Flood Hazard Area Ordinance requirements of the Borough including but not limited to base flood plus elevations required, and the current flood elevations established by the Federal Emergency Management Agency (FEMA) whichever is higher.
H. 
Maximum height. All facilities including their antennas shall:
(1) 
Only be mounted on structures 50 feet or less in height;
(2) 
Not be mounted on structures that are more than 10% taller than other adjacent structures; and
(3) 
Not extend existing structures on which they are located to a height of more than 10%, whichever is greater.
I. 
Quantity. Pole mounted equipment shall be limited to one antenna and one cabinet or other mounted device at each site per carrier.
J. 
Ground-mounted equipment. No ground-mounted equipment is permitted on or around any pole.
K. 
Camouflage. All cabinets, antennas, conduit and equipment shall be a color that blends with the wooden utility pole on which it is mounted. Any cables or wiring attached to the utility pole shall be covered with an appropriate conduit; all facilities must be finished and/or painted and/or otherwise camouflaged, in conformance with the best available stealth technology methods, so as to blend in compatibility with its background and so as to minimize its visual impact on surrounding properties.
L. 
Construction permits. Subsequent to the issuance of the zoning permit, the permittee shall obtain any necessary permits required pursuant to the current Uniform Construction Code adopted in New Jersey prior to installation.
M. 
Other approvals. All applicants shall obtain any and all approvals necessary from any other governmental agency in addition to the owner and/or operator of the wooden utility poles to be used.
N. 
Underground work. All underground work shall follow standard road opening permit requirements of the Borough.
O. 
Cooperation. All carriers shall cooperate with each other to minimize the impact and number of facilities on and in the public rights-of-way.
A. 
The zoning officer or board engineer shall deem the application complete or incomplete within 30 days of filing of the application. In the event the application is materially incomplete, fails to conform to the application requirements of this article, or the application is otherwise insufficient to either approve or reject, the application shall be deemed incomplete by providing a notice of deficiency to the applicant informing the applicant of the specific nature of the deficiency. The Zoning Officer or Board Engineer shall have 10 days after re-filing of the application to deem it complete or incomplete.
B. 
If the application conforms to the application requirements of this article, and no deviations from § 85-2506, Conditions and requirements, exists, the Zoning Officer shall issue a permit within 30 days of the date the application was deemed complete.
C. 
In the event the application is found to contain deviations from § 85-2506, Conditions and requirements, the applicant may modify the proposed facility so that it conforms to this article and submit revised plans to the Zoning Officer for approval, or within 20 days of the written notice of denial request in writing to the Zoning Officer that the application be referred to the Zoning Board for review and decision pursuant to N.J.S.A. 40:55D-73.
D. 
The applicant shall have the right to appeal any decision of the Zoning Officer to the Zoning Board of Adjustment for review and decision pursuant to N.J.S.A. 40:55D-72.
A. 
Request for deviation. An applicant proposing to deviate from one or more of the provisions of § 85-2506, Conditions and requirements, shall do so in writing as part of the permit application. The request shall identify each provision of this section from which a deviation is requested and the reason why a deviation should be granted.
B. 
Referral to and direct filing with Zoning Board of Adjustment. For collocation applications that contain deviations from § 85-2506, Conditions and requirements, that were referred to the Zoning Board, or were filed directly with the Zoning Board, the Zoning Board shall render a decision approving or denying the application within 90 days of the date of referral, or date the application was deemed complete, whichever is later. For all other non-collocation applications, the Zoning Board shall render a decision approving or denying the application within 120 days of the date of referral, or date the application was deemed complete, whichever is later.
C. 
Standard of review. The Zoning Board may waive any conditions of § 85-2506, Conditions and requirements, where the applicant demonstrates that the strict enforcement of said standard:
(1) 
Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C. 253(a); or
(2) 
Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(II); or
(3) 
Will violate any requirement set forth in the FCC Order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WT Docket No. 17-79, "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," WC Docket No. 17-84; or
(4) 
Will prohibit, or have the effect of prohibiting, the ability of an entity to provide utility service to any prospective customer with the Borough.
(5) 
That there is no reasonable alternative location for a pole or facility.
D. 
Review escrow fees. Any reasonable professional fees incurred by the Borough in its review of a request for a deviation shall be paid to the Borough at the time of filing the application, or within 30 days of a referral of the application to the Zoning Board, but in any event, prior to the issuance of the zoning permit as permitted by N.J.S.A. 54:30A-124. An escrow of $1,500 shall be submitted with each application to cover such fees and be replenished as deemed appropriate by the Zoning Officer or Board Engineer.
Issuance of a zoning permit shall confirm compliance with this article, together with the Master License Agreement, shall authorize the permittee to apply for construction permits to undertake the work set forth in the plans filed with the permit application. The permit shall not grant authority to the permittee to impinge upon the rights of others who may also have an interest in the public rights-of-way.
[Amended 6-25-2025 by Ord. No. 1460]
A. 
Required coverage and limits. Each carrier constructing a facility in the public rights-of-way shall secure and maintain commercial general liability insurance with limits not less than $2,000,000 for injury or death on one or more persons and damage or destruction in any one occurrence insuring the carrier as named insured and listing the Borough as an additional insured and said policies shall be primary and noncontributory as respects the municipality, its officers, officials, employees and volunteers and shall contain a waiver of subrogation clause.
B. 
Worker's compensation and employers' liability insurance meeting statutory limits required under all applicable state laws covering all persons employed, retained or contracted with by Carrier. In addition, the Carrier shall provide a certificate of insurance indicating that the Carrier maintains coverage for Employer's Liability as follows: $1,000,000 Per Accident, $1,000,000 Per Employee, and $1,000,000 Per Policy.
C. 
Automobile liability insurance with a minimum combined single limit of liability per accident of $1,000,000 for bodily injury and property damage. This insurance must include coverage for owned, hired, and non-owned automobiles.
D. 
All such insurance shall be written by a good and solvent insurance company or companies of recognized standing, admitted to do business in the State of New Jersey, and reasonably acceptable to the Borough, as reviewed and approved by the Borough's Risk Management Consultant.
E. 
Each carrier shall be required to name the Borough as an "Additional Insured" on the carrier's policy of commercial general liability and automobile insurance. Carrier shall provide the Borough with a Certificate of Insurance and Endorsement indicating that the insurance coverage as described herein, and as is appropriate for the type of use and hazards present, has been obtained and that the Borough has been designated as an "Additional Insured" where required. The Certificate of Insurance and Endorsement shall provide that the Borough be given not less than 30 days' prior written notice in the event of modification, cancellation, or nonrenewal of the insurance coverage and 10 days in the event of non-payment of premium. On or before the renewal date of said policy, carrier shall be required to provide the Borough with a Certificate of Insurance indicating the continuation of insurance coverage.
F. 
Copies required. The carrier shall provide copy of certificates of insurance reflecting the requirements of this section to the Borough within 10 days following zoning approval and prior to obtaining a construction permit.
G. 
Indemnification. Prior to constructing a facility in the public rights-of­way, and as a precondition to the issuance of a permit pursuant to this article, the carrier shall execute the Master License Agreement, agreeing, among other things, to the fullest extent permitted by law, to save harmless and defend the Borough, its elected and appointed officials, its employees, agents, volunteers and others working on behalf of the Borough, from and against any and all claims, losses, costs, attorney's fees, damages, or injury including death and/or property loss, expense claims or demands arising out of the Agreement or Carrier's use of the Borough's property, including all suits or actions of every kind or description brought against the Borough, either individually or jointly with Carrier for or on account of any damage or injury to any person or persons or property, caused or occasioned or alleged to have been caused by, or on account of, any of the activities conducted by or caused to be conducted, or equipment or Facilities installed by Carrier, or through any negligence or alleged negligence in safeguarding Borough property, or members of the public, or through any act, omission or fault or alleged act, omission or fault or alleged act, omission or fault of the Carrier, its employees, agents, volunteers, subcontractors or others under the direction, control or under any contractual relationship with the Carrier. The Borough will provide the carrier with prompt, written notice of any claim covered by this indemnification; provided that any failure of the Borough to provide any such notice, or to provide it promptly, shall not relieve the carrier from its indemnification obligation in respect of such claim. The Borough shall cooperate with the carrier in connection with the carrier's defense of such claim. The carrier shall defend the Borough, at the Borough's request, against any claim with counsel of the Borough's choosing that is reasonably satisfactory to the carrier.
A. 
Right to revoke permit. The Zoning Officer may revoke or suspend a permit issued pursuant to this article for one or more of the following reasons:
(1) 
Materially false or incomplete statements in the permit application;
(2) 
Noncompliance with one or more provisions of this article for which a deviation has not been allowed;
(3) 
The carrier's facilities within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare;
(4) 
Carrier's failure to construct the facilities substantially in accordance with the permit and approved plans; or
(5) 
Violation of the terms and conditions of the Master License Agreement.
B. 
Notice of revocation or suspension. The Zoning Officer shall send written notice of its intent to revoke or suspend a permit issued pursuant to this section stating the reason or reasons for the revocation or suspension and the alternatives available to carrier under this subsection.
C. 
Carrier alternatives upon receipt of notice of revocation or suspension. Upon receipt of a written notice of revocation or suspension from the Zoning Officer, the carrier shall have the following options:
(1) 
Immediately provide the Borough with evidence that no cause exists for the revocation or suspension;
(2) 
Immediately correct, to the satisfaction of the Zoning Officer or Borough Engineer, the deficiencies stated in the written notice, providing written proof of such correction within 10 business days after the receipt of the written notice of revocation; or
(3) 
Within 10 days remove the facilities located within the public rights-of-way and restore them to the satisfaction of the Zoning Officer or Board Engineer providing written proof of such removal to within 10 business days after receipt of the written notice of revocation. The Zoning Officer may, in his discretion, extend the time periods provided in this subsection.
A carrier shall notify the Borough no less than 30 days following the transfer of ownership of any facility in the public rights-of-way or change in identity of the carrier. The rights and obligations given to the carrier pursuant to the Master License Agreement and zoning permit shall be binding on and benefit the new owner of the carrier or the facility, its successors and assigns, who shall have all the obligations and privileges enjoyed by the former owner under the Master License Agreement and zoning permit.
A. 
Notice. Within 30 days following written notice from the Borough, any carrier with facilities in the public rights-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities whenever the Borough determines that a) such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Borough improvement in or upon the public rights-of-way; or b) because the equipment is interfering with or adversely affecting proper operation of the light or other poles; or c) the widening of the public rights-of-way. In such instance, the Borough shall cooperate with carrier to find a replacement location for the facility that will provide similar radio frequency coverage to the facility removed or relocated.
B. 
Removal of unauthorized facilities. Within 30 days following written notice from the Zoning Officer to any carrier that owns, controls, or maintains any unauthorized facility or related appurtenances within any public rights-of-way, said carrier shall, at its own expense, remove all or any part of such facilities or appurtenances. A facility is unauthorized and subject to removal, but not limited to, in the following circumstances:
(1) 
Upon expiration or termination of the carrier's license, unless otherwise permitted by applicable law;
(2) 
If the facility was constructed without the prior grant of a zoning permit;
(3) 
If the facility was constructed without prior issuance of a required construction permit;
(4) 
If the facility was constructed at a location not permitted by the carrier's permit.
C. 
Upon abandonment of the facility.
(1) 
Abandonment will be presumed where a facility has not been used for the purpose for which it was installed for a period of 90 consecutive days, or more, and where there have been no efforts to repair or renew the use during the ninety-day period. The carrier owning, controlling or maintaining the facility shall have the burden of establishing to the Zoning Officer that the facility is still being used within 30 days of the notice. Failure to respond to the Zoning Officer's request for information regarding the abandonment of the facility shall constitute a presumption of abandonment. Upon the Zoning Officer's determination and final written notification to the carrier of such abandonment the carrier shall have 60 days within which to:
(a) 
Reactivate the use of the facility or transfer the facility to another entity which makes actual use of the facility promptly; or
(b) 
Dismantle and remove the facility and notify the Zoning Officer in writing of the completion of such removal.
(2) 
If the carrier believes that the determination of abandonment by the Zoning Officer is incorrect it may file an appeal with the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-72. If the carrier fails to prevail on appeal, or fails to reactivate, or transfer to another active user or remove the facility the Borough shall have the right to have the facilities removed at the carrier's sole expense. The Borough shall be entitled to reimbursement for all costs and expenses associated with the removal of any facility thereafter.
Upon completion of all construction or maintenance of facilities, the carrier shall remove all debris and restore the public rights-of-way to a clean and safe condition in a timely manner and to the satisfaction of the Zoning Officer.
A. 
General maintenance. Facilities within public rights-of-way shall be maintained by or for the carrier at the carrier's sole expense. Carrier shall not damage the public rights-of-way and shall keep them free of all debris. If any portion of the public rights-of-way suffers damage by reason of access by carrier, then in that event the carrier, at its sole cost and expense, shall immediately repair all such damage or replace the damaged portion of the public rights-of-way and restore the damaged portion of the property to its condition prior to the occurrence of such damage.
B. 
Emergency maintenance procedures. The noncompliance with normal procedures for securing a required permit shall be excused when a carrier reasonably determines that an emergency exists, in which event the carrier shall comply with the following procedures:
(1) 
If an emergency creates a hazard on the traveled portion of the public rights-of-way, the carrier shall take immediate steps to provide all necessary protection for traffic on the roadway and pedestrians including the use of signs, lights, barricades or flaggers.
(2) 
The carrier shall, as soon as practical, notify the Zoning Officer or his or her duly authorized agent and the Borough Police Department of the emergency, informing him or her as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. On nights and weekends, the carrier shall notify the Borough Police Department. To the extent that the Borough has actual knowledge of the displacement or damage to any facility, it shall inform the carrier upon learning of the same.
A. 
Nothing in this section shall be construed as limiting any additional or further remedies that the Borough may have for enforcement of this article.
B. 
For violation of any provision of this article, the maximum penalty shall, upon conviction of a violation, be a fine not exceeding $2,000 or imprisonment for a period not exceeding 90 days, or both.