[Adopted as Sec. 4-16 of the 1974 Code; amended
in its entirety 3-23-2021 by Ord. No. 2021-08]
A. For violation
of any provision of any chapter of this Code, or any other ordinance
of the Borough where no specific penalty is provided regarding the
section or sections violated, the maximum penalty, upon conviction,
shall be a fine not exceeding $2,000, imprisonment for a period not
exceeding 90 days or a period of community service not exceeding 90
days, or any combination thereof, at the discretion of the Municipal
Court Judge (N.J.S.A. 40:69A-29).
B. The Borough
Council may prescribe that, for the violation of any particular Code
provision or ordinance, at least a minimum penalty shall be imposed
which shall consist of a fine which may be fixed at an amount not
exceeding $100 (N.J.S.A. 40:69A-29).
A. Except as
otherwise provided, each and every day in which a violation of any
provision of this Code or any other ordinance of the Borough exists
shall constitute a separate violation.
B. The maximum
penalty stated in this article is not intended to state an appropriate
penalty for each and every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or violation.
C. In addition
to any elective remedy other than fine or penalty or community service
contained in any other law or ordinance, the imposition of one shall
not negate the other.
Pursuant to N.J.S.A. 7:12-4, the following Local Supplemental
Violations Bureau Schedule of designated offenses and payable amounts
has been approved by the Monmouth County Assignment Judge and shall
be in effect for offenses committed on and after May 1, 2021. The
following local schedule shall be prominently posted for public inspection
at the location of the Violations Bureau of the Borough of Bradley
Beach.
Code Section
|
Description of Offense
|
Payable Amount
|
---|
|
Removal of shade tree
|
$155
|
|
Underage possess/consume alcohol
|
$300
|
|
Cats - no more than 3
|
$100
|
|
Cats kept sanitary/clean
|
$100
|
|
Feeding of wildlife
|
$55
|
|
Swimming at night
|
$55
|
|
No surf/fishing in bathing area
|
$55
|
|
Tamper with lifeguard equipment
|
$55
|
|
Throwing ball/bathing hours
|
$55
|
|
Interfere with lifeguard
|
$55
|
|
Beach midnight limit
|
$55
|
|
Disrobing in public
|
$55
|
|
Entry onto beach
|
$55
|
|
Dangerous objects on beach
|
$55
|
|
Prohibited launch/retrieval
|
$55
|
|
Certificate of occupancy
|
$155
|
|
Allowing to sublet without C/O
|
$155
|
|
Failure to reinspect property
|
$155
|
|
Reinspection for C/O
|
$155
|
|
Smoke detectors required
|
$55
|
|
Curfew
|
$55
|
|
Dunes
|
$55
|
|
False information
|
$55
|
§ 201-3
|
Permit for fence replace/erect
|
$100
|
|
Burning leaves/sticks
|
$55
|
|
Discharge hazardous substance
|
$155
|
§ 258-1J
|
Allow occupancy more than 30 days
|
$100
|
|
Failure to remove stone
|
$55
|
|
Loitering
|
$55
|
|
Mercantile license
|
$100
|
|
Park/recreation area damage
|
$89
|
|
Peddlers/solicitors license
|
$55
|
|
Property maintenance
|
$155
|
|
Remove snow from sidewalk/lot
|
$31
|
|
Unauthorized collection of recyclables
|
$55
|
§ 365-14.1
|
Summer rentals - families only
|
$89
|
§ 365-16
|
Summer rental license
|
$89
|
|
Failure to replace sidewalk
|
$89
|
|
Operate taxi business from house
|
$89
|
|
Failure to remove vehicle after order
|
$89
|
|
Alter structure without approval
|
$155
|
|
Allow basement occupancy
|
$100
|
|
Violation of kitchen
|
$89
|
|
Driveway requirement(s)
|
$89
|
|
Install driveway without permit
|
$155
|
A. The
Local Supplemental Violations Bureau Schedule lists specific amounts
that may be payable through the Violations Bureau for designated traffic
and nontraffic offenses pursuant to N.J.S.A. 7:12-4. However, payment
for any of those listed offenses, or any other matter, may not be
made through the Violations Bureau if the law enforcement officer
marks on the complaint-summons that a court appearance is required.
(1) If, in the opinion of the officer issuing the complaint-summons,
circumstances indicate the defendant should appear in court, the officer
has the option to check the "Court Appearance Required" box on the
complaint-summons, in which case the matter may not be processed in
the Violations Bureau.
(2) Pursuant to and in accordance with N.J.S.A. 7:12-3, the Municipal
Court may permit a guilty plea by mail or to plead not guilty by mail
and submit a written defense for use at trial, if a personal appearance
by the defendant would constitute an undue hardship, such as illness,
physical incapacity, substantial distance to travel, or incarceration.
B. For
traffic violations, the payable amount established in the Local Supplemental
Violations Bureau Schedule, for each offense, includes at least a
fine, court costs (which may equal, but not exceed the fine), and
the following amounts required by statute to be assessed: $1 for the
Body Armor Replacement Fund; $1 for the New Jersey Spinal Cord Research
Fund: $2 for the New Jersey Forensic DNA Laboratory Fund: $1 for the
Autism Medical Research and Treatment Fund; and $1 for the New Jersey
Brain Injury Fund.
C. For
nontraffic violations, the payable amount established in the Local
Supplemental Violations Bureau Schedule, for each offense, includes
a fine and court costs (which may equal, but not exceed the fine).
D. A
portion of the total court costs allocated in the Local Supplemental
Violations Bureau Schedule shall be distributed upon collection in
accordance with N.J.S.A. 22A:3-4 and N.J.S.A. 2B:12-30, as follows:
(1) For all violations payable through the Violations Bureau, pursuant
to the Statewide Violations Bureau Schedule or a local schedule, $2
shall be collected by the Municipal Court Administrator for the deposit
into the Automated Traffic System Fund and $3 shall be collected by
the Municipal Court Administrator and deposited into the Automated
Traffic System Statewide Modernization Fund. This portion of court
costs cannot be suspended.
(2) For all violations of the provisions of Title 39, or any other motor
vehicle or traffic violation payable through the Violations Bureau,
$0.50 shall be collected by the Municipal Court Administrator and
deposited into the Emergency Medical Technician Training Fund. This
portion of court costs cannot be suspended.
(3) Any remaining court costs shall be collected by the Municipal Court
Administrator and distributed to the Borough of Bradley Beach.
E. Additional
penalties for failure to appear on return dates.
(1) For motor vehicle, traffic, and parking cases listed on the Local
Supplemental Violations Bureau Schedule, the following additional
penalties shall be added to the payable amount, as indicated:
(a) When a supplemental notice is sent, $ 10 per notice shall be added
to the payable amount due.
(b) When a notice of proposed suspension for a parking violation is sent,
$10 shall be added to the payable amount.
(c) When an order to suspend is issued for a parking violation, $15 will
be added to the payable amount.
(d) A DMV fee of $3 is also to be added to the total payable amount due
upon the issuance of an order to suspend.
(e) When a warrant is issued, unless the judge otherwise orders, the
amount of the bail indicated on the warrant shall be as follows:
[1]
Parking offenses: the payable amount, plus $15.
[2]
All other listed offenses: the payable amount, plus $25.
(f) Pursuant to N.J.S.A. 39:5-9, costs not to exceed $33 may be deducted
by the Municipal Court from forfeited bail in traffic cases.
(2) For nontraffic offenses listed on the Local Supplemental Violations
Bureau Schedule, N.J.S.A. 2B:12-31 permits the Municipal Court to
order the suspension of a defendant's driving privilege for failure
to appear at any scheduled court appearance. The following procedures
may be used by the Court to effectuate that process.
(a) Send a notice of proposed suspension of driving privileges for failure
to appear to the defendant. This notice may be used for violations
that are payable on this schedule, as well as for those violations
that are not. Unlike traffic matters, no fee may be assessed for the
mailing of this notice.
(b) Should the defendant fail to respond and appear in response to the
notice of proposed suspension, the Municipal Court may issue an order
of suspension. When the Municipal Court issues the order, $25 [$10
(notice) plus $15 (order)] shall be added to the total payable amount.
(c) A DMV fee of $3 shall also to be added to the total payable amount,
upon the issuance of the order of suspension.
(d) When a warrant is used, unless the judge otherwise orders, the amount
of the bail indicated on the warrant shall be the amount of the payable
amount, plus $50.
F. By
executing the form of authorization to apply bail against fine(s)
and costs and waiver of rights, a defendant against whom a warrant
has been issued waives the rights to a lawyer and a trial, enters
a plea of guilty to the offense charged and authorizes the Municipal
Court Administrator to apply the bail posted toward the payment of
fines, assessments and costs owed. This form may be used for all offenses
payable through the Violations Bureau.