[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.
