Township of Wayne, NJ
Passaic County
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Table of Contents
Table of Contents
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29; Ord. No. 26-2015]
A. 
For violation of any provision of this Code or other ordinance of the Township of Wayne unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the County Jail or in any place provided by the Township for the detention of prisoners for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days.
B. 
Unlawful Solid Waste Disposal. In accordance with N.J.S.A. 40:49-5, for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal, the maximum penalty by a fine shall not exceed $10,000.
[N.J.S.A. 40:49-5; Ord. No. 26-2015]
A. 
The Township Council may prescribe that for the violation of any particular provision of the Code or of any particular 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.
B. 
Unlawful Solid Waste Disposal, in accordance with N.J.S.A. 40:49-5, for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal, the minimum penalty upon conviction of the violation shall be a fine of $2,500.
[N.J.S.A. 40:49-5]
The Court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or in such ordinance.
[N.J.S.A. 40:49-5]
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 has paid the fine for the previous violation shall be subject 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 and shall be calculated separately and in addition to the fine imposed for violation of the ordinance or Code provision.
If the Township Council chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance or Code provision, the Council may waive the additional fine by ordinance or resolution.
[N.J.S.A. 40:49-5]
Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the Court by which he was convicted, and in default of the payment of any fine imposed therefore, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[N.J.S.A. 40:49-5]
If the Township Council chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the Township shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition which is in violation and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250, but not exceeding $2,000, may be imposed if a Court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[N.J.S.A. 40:49-5]
If provided by specific ordinance or in the Code, each and every day in which a violation of any provision of this Code or any other ordinance of the Township of Wayne exists shall constitute a separate violation.
[N.J.S.A. 40:49-5]
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.