[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.