A Municipal Court for the Borough of Lavallette, in the County of Ocean,
is hereby established pursuant to the provisions of Chapter 264 in the Laws
of 1948, which has since been replaced by N.J.S.A. 2B:12-1 et seq.
The name of the Municipal Court shall be the “Municipal Court
of Lavallette.”
The Municipal Court shall have a Seal which shall bear the impress of
the name of the Court.
Said Municipal Court and the Municipal Judge thereof shall have, possess
and exercise all the functions, powers and duties by the provisions of N.J.S.A.
2B:12-1 et seq., as amended and supplemented, or by other law.
In accordance with N.J.S.A. 2B:12-16, the Municipal Court of the Borough
of Lavallette shall have jurisdiction over cases arising within the territory
of the Borough. Territory of the Borough includes any premises or property
located partly in and partly outside of the Borough. The Municipal Court Judge,
serving as an acting Judge in any other municipal court in Ocean County, may
also hear matters arising out of that other court while sitting in the Municipal
Court of the Borough of Lavallette.
A. The Municipal Court of the Borough of Lavallette has
jurisdiction over the following cases within the territorial jurisdiction
of the Court:
(1) Violations of municipal ordinances.
(2) Violations of the motor vehicle and traffic laws.
(3) Disorderly persons offenses, petty disorderly persons
offenses and other nonindictable offenses except where exclusive jurisdiction
is given to the Superior Court.
(4) Violations of the fish and game laws.
(5) Proceedings to collect a penalty where jurisdiction is
granted by statute.
(6) Violations of laws regulating boating.
(7) Any other proceedings where jurisdiction is granted by
statute.
B. Where the person charged waives indictment and trial
by jury in writing and the Ocean County Prosecutor consents in writing, the
Municipal Court of the Borough of Lavallette has jurisdiction for those crimes
specified in N.J.S.A. 2B:12-17 which occur in the territorial jurisdiction
of the Court.
Before assuming the duties of office, a Judge or Administrator of the
Municipal Court of Lavallette, or person employed by the Municipal Court of
Lavallette who handles money in the scope of that employment, shall be covered
by a bond or insurance against loss or misappropriation of funds payable to
the Borough of Lavallette, County and state, in an amount and with terms set
by the Borough of Lavallette.
The Municipal Court shall be held at the Borough Hall. The Municipal
Judge shall sit at such times as the business of the Court may require, subject
to the rules applicable to municipal courts.
The definition of “indigent” shall be the same as utilized
by the office of the Public Defender of the State of New Jersey for those
cases handled by the Ocean County office thereof.
The Municipal Court Judge may direct the Public Defender to defend indigents
in matters other than those designated herein upon his/her finding that the
nature of the offense, the defendant or the penalty would result in unusual
harm or prejudice to the defendant if not afforded representation by the Public
Defender.
Pursuant to N.J.S.A. 2B:24-17, the Borough of Lavallette shall require
any person applying for representation by the Municipal Public Defender to
pay an application fee of not more than $200. The Municipal Court may waive
any required application fee, in whole or in part, if the Court determines
in its discretion that the application fee represents an unreasonable burden
on the person seeking representation.