[Adopted 8-9-1993 by Ord.
No. 15-1993 as § 1-5 of the Revised General
Ordinances]
[Amended by Ord. No. 6-2002; 1-25-2005 by Ord. No. 3-2005; 9-5-2006 by Ord. No.
16-2006; 4-23-2019 by Ord. No. 2019-07]
A.
For
violation of any provisions of this Code or other ordinance of the
Borough of Spring Lake, 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 or the following:
imprisonment in the county jail or in any place provided by the municipality
for the detention of prisoners, for any term not exceeding 90 days,
or by a fine not exceeding $2,500, or by a period of community service
not exceeding 90 days.
B.
For
a violation of any Borough ordinance pertaining to unlawful solid
waste disposal the minimum fine shall not exceed $2,500 and the maximum
fine shall not exceed $10,000.
[Amended 4-23-2019 by Ord. No. 2019-07]
The Borough 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 $250. The court
before which any person is convicted of violating any ordinance or
Code provision shall have power to impose any fine, term of punishment,
or period of community service not less than the minimum and not exceeding
the maximum fixed in the Code or such ordinance.
A.
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 was fined for the previous
violation shall be sentenced by a court 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.
B.
If
the Borough Council or Municipal Court chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
in its discretion, the Council or Court does not have to impose the
additional fine.
Any person convicted of a 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
therefor, be imprisoned in the county jail or place of detention provided
by the Borough, for any term not exceeding 90 days, or be required
to perform community service for a period not exceeding 90 days.
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.
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.
[Added 9-12-2003 by Ord.
No. 21-2003]
A.
Any
person who is arrested for a violation of the provisions of N.J.S.A.
39:4-50 shall be held in protective custody at an appropriate police
or other facility where the person's condition can be monitored until
the person is no longer a danger to himself or others.
B.
The
person shall be released from protective custody when that person
is no longer a danger to himself or others.
C.
There
shall be a presumption that the person is no longer a danger to himself
or others when the person's blood alcohol concentration is less than
0.05% and the person is no longer under the influence of any intoxicating
liquor or narcotic or hallucinogenic or habit-forming drug to the
extent that the person's facilities are impaired.
D.
In
no event shall the person be held in protective custody for a period
of longer than eight hours without being provided an appropriate hearing.
E.
Notwithstanding
the above, and provided that it is not a detriment to the public safety,
the arresting law enforcement agency may, because of the age, health,
or safety of the arrested person, release the person pursuant to the
provisions of P. L. 2001, c. 69 (N.J.S.A. 39 4-50 22 et seq.) or provide
an appropriate alternative to protective custody.
F.
As
provided by New Jersey state statute, the Borough of Spring Lake shall
not be liable if a person is released from custody pursuant to the
provisions of this section and the enabling state statute.
