[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale during codification 5-13-1997 by Ord. No. 97-11; see Ch. 1, General Provisions, Art. III. Amendments noted where applicable.]
A. 
When the maximum penalty fixed by the applicable state statute varies from any penalty fixed by this chapter or any ordinance of the Borough, the limitations of such state statute shall be applicable.
B. 
A separate offense shall be deemed committed on each day during or on which a violation of this Code of any ordinance of the Borough occurs or continues, punishable by fine or imprisonment or community service, or any combination thereof.
C. 
The imposition of a fine or imprisonment or community service as punishment for a violation of this Code or of any other ordinance of the Borough shall not be deemed to be in lieu of any other provision therein providing for the revocation or suspension of any license or permit issued thereunder.
A. 
For violation of any chapter or article not listed in Subsection B below and whenever no specific penalty is provided in this Code or in any other ordinance of the Borough for the punishment of an act which is prohibited or which is declared to be unlawful or any offense, or for the nonperformance of any act which is required to be done, the violation of any such provisions shall be punished by a fine not exceeding $2,000, or by imprisonment in the county or Borough jail for a term not exceeding 90 days, or both; provided, however, that in lieu of a sentence of imprisonment, the Court may, in its discretion, impose a sentence of community service for a term not exceeding 90 days.
[Amended 4-4-2007 by Ord. No. 07-13]
B. 
Nonstandard penalties. The standard maximum penalty provided in Subsection A of this section shall not apply to the following chapters and/or articles:
(1) 
Chapter 84, Alarm Systems.
(a) 
If any dial alarm shall hereafter be found to be dialing the general Police Headquarters number rather than the special telephone number reserved for dial alarms, the occupant of the building or other person in whose name the telephone is listed shall be sent a notice, in writing, by the Chief Law Enforcement Officer requiring compliance with the terms of Chapter 84, Alarm Systems. If the occupant or telephone subscriber shall fail within 30 days after receipt of said notice to comply, he or she shall be liable to a penalty payable to the Borough of Hillsdale in the amount of $50.
(b) 
In the case of a false alarm, the Chief Law Enforcement Officer shall cause an investigation to be made and shall keep a record of said alarm on file. For the first and second false alarm in any given calendar year, a warning shall be issued; for the third false alarm in the calendar year, a fine of $25 shall be paid to the Borough of Hillsdale. For the fourth alarm a fine of $40 shall be paid to the Borough of Hillsdale.
[Added 4-14-1998 by Ord. No. 98-3]
(2) 
Chapter 96, Animals.
(a) 
Article I, Dogs. Any person who violates or fails or refuses to comply with Article I, Dogs, of Chapter 96, Animals, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of dogs within and from such establishments, shall, upon conviction thereof, be fined not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Borough, except that for the first offense in case of violations of § 96-2, 96-4 or 96-6, the penalty shall not be less than $1 nor more than $50, to be recovered in the same manner. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him or her and the costs and charges incident thereto shall be committed by the Judge for a period not exceeding 10 days in the case of a first conviction and, in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days. In case of violation of § 96-17, Running at large prohibited, and § 96-19, Habitual barking, howling or crying prohibited, the first offense in any given calendar year, a fine of $15 shall be issued; for the second offense in any calendar year, a fine of $20 shall be issued, and neither shall exceed $50. For the third offense in the same calendar year, a fine of $25 shall be paid to the Borough of Hillsdale. For the fourth offense, a fine of $40 shall be paid to the Borough of Hillsdale, and neither shall exceed $75.
[Amended 4-14-1998 by Ord. No. 98-3]
(b) 
Article II, Cats. Any person who violates or fails or refuses to comply with Article II, Cats, of Chapter 96, Animals, or with the rules and regulations promulgated by the State Department of Health governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and to prevent the spread of rabies and other diseases of cats within and from such establishments, shall, upon conviction thereof, be fined not less than $5 nor more than $50 for each offense, to be recovered by and in the name of the Borough. A person who refuses or neglects to pay forthwith the amount of a judgment rendered against him or her and the costs and charges incident thereto shall be committed by the Judge for a period not exceeding 10 days in the case of a first conviction and, in the case of a second, subsequent or continuing violation, for a term not exceeding 30 days.
(3) 
Chapter 146, Fire Prevention.
(a) 
Article II, Fire Zones.
[1] 
Any person who violates Article II, Fire Zones, of Chapter 146, Fire Prevention, shall, upon conviction in Municipal Court thereof, be punished by a fine of not less than $100. Each violation shall constitute a separate offense.
[2] 
An owner who fails to comply with the regulations specified in § 146-15C shall result in a penalty of $500. Penalties shall be assessed by the Fire Official in accordance with N.J.A.C. 5:18, Uniform Fire Code.
(4) 
Chapter 196, Littering. Any person who violates any provisions of Chapter 196, Littering, pursuant to N.J.S.A. 13:1E-99.42, shall be subject to a fine of not less than $50 nor more than $1,000 for each offense.
(5) 
Chapter 208, Noise.
(a) 
Any person who shall violate any of the provisions of Chapter 208, Noise, or who shall fail to comply therewith or with any of the requirements thereof, shall be punishable by a penalty as set forth below.
(b) 
Each day that a violation continues shall constitute a separate and distinct offense, punishable by the imposition of additional penalties as are set forth below.
(c) 
For penalty determination purposes, any prior violation of the same provision having occurred within the five years immediately preceding the current violation shall be considered in determining the rank of the current violation.
(d) 
The violation of any section or subsection of Chapter 208, Noise, shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to Chapter 208, Noise.
Maximum Permissible Sound Levels
Offense
Sound
Source
Receiving
Property
Category
1st
2nd
3rd
4th and
Each
Subsequent
Any location within multi-
dwelling-unit building
Any dwelling within multi-dwelling-unit building
$ 50.
$100.
$150.
$200.
Residential
Residential, commercial or industrial
$ 50.
$100.
$150.
$200.
Commercial
Residential
$125.
$250.
$400.
$500.
Commercial
Commercial or industrial
$100.
$200.
$350.
$500.
Industrial
Residential
$125.
$250.
$400.
$500.
Industrial
Commercial or industrial
$200.
$200.
$350.
$500.
NOTE: These penalties are for violations ranging from zero to five dBA above the maximum permissible sound levels by receiving property category. For violations in excess of five dBA above the maximum permissible sound level, double the appropriate penalty per offense, up to a maximum amount of $500.
Offense
1st
2nd
3rd
4th and
Each
Subsequent
Noise disturbance
$100.
$200.
$400.
$500.
Sound-reproducing systems
$ 50.
$ 75.
$100.
$200.
Loudspeakers and P.A. systems
$100.
$200.
$400.
$500.
Animals and birds
$ 50.
$ 75.
$100.
$200.
Loading and unloading
$200.
$350.
$450.
$500.
Standing motor vehicles
$100.
$200.
$400.
$500.
Construction and demolition
$200.
$350.
$450.
$500.
(6) 
Chapter 260, Streets and Sidewalks.
[Added 5-14-2002 by Ord. No. 02-07]
(a) 
Any person who fails to remove indelible paint markouts on public sidewalks and curbs within the time proscribed shall be subject to a penalty of $500 for each offense, plus the cost to the Borough for the restoration or repair of said sidewalks. Each offense shall consist of responding to a request for the marking-out of underground utilities.