Township of Irvington, NJ Article IV Local Supplemental Violations Bureau Schedule

[Adopted 2-15-2012 by Ord. No. MC 3457 (Ch. 1, Art. V, of the 1981 Revised Code); amended in its entirety 1-26-2016 by Ord. No. MC 3563]

§ 1-18 Schedule of Fines established. [1]

A. Pursuant to R. 7:12-4, the following Local Supplemental Violations Bureau Schedule of Designated Offenses (revised effective December 15, 2015) and payable amounts has been approved by the vicinage Assignment Judge and shall be in effect for offenses committed on and after December 15, 2015. This Local Schedule shall be prominently posted for public inspection at the location of the Violations Bureau.

B. The Local Supplemental Violations Bureau Schedule that was prepared, pursuant to R. 7:12-4, for offenses committed prior to the effective date of this schedule is on file with the Municipal Court Administrator and is available for public inspection upon request.

[1] Editor's Note: The Schedule of Fines adopted as part of Ord. No. MC 3563 consists of Part I, Traffic Section Designated Offenses, and Part II, Nontraffic Section Designated Offenses. All of the fine amounts listed in the Schedule of Fines have been relocated to the applicable sections of this Township Code. An intact version of the Schedule of Fines is not included in the Township Code but is on file with the Municipal Court.

§ 1-19 Allocation and distribution of payable amount.

A. Violations Bureau payments. Parts I and II of the Schedule of Fines list specific amounts that are payable through the Violations Bureau for designated traffic and nontraffic offenses, pursuant to New Jersey Court Rule 7:12-4. However, payment for any of those listed offenses, or any other matter, may not be made through the Violations Bureau if the law enforcement officer marks on the complaint-summons that a court appearance is required.

B. Allocation of payable amounts between fines, assessments and court costs.

(1) In Part I (Traffic Violations), the payable amount established in this Local Supplemental Violations Bureau Schedule, for each offense, includes at least a fine, court costs (which may equal but not exceed the fine) and amounts required by statute to be assessed. These amounts are:

(a) For the Body Armor Replacement Fund: $1.

(b) For the New Jersey Spinal Cord Research Fund: $1.

(c) For the New Jersey Forensic DNA Laboratory Fund: $2.

(d) For the Autism Medical Research and Treatment Fund: $1.

(e) For the New Jersey Brain Injury Fund: $1.

(2) In Part II (Nontraffic Violations), the payable amount established in this Local Schedule, for each offense, includes a fine and court costs (which may equal but not exceed the fine).

C. Allocation and distribution of court costs. A portion of the total court costs allocated, pursuant to § 1-19A of this Local Schedule, shall be distributed upon collection in accordance with N.J.S.A. 22A:3-4 and N.J.S.A. 2B:12-30, as follows:

(1) For all violations payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule or a local schedule, $2 shall be collected by the Municipal Court Administrator and deposited into the Automated Traffic System Fund and $3 shall be collected by the Municipal Court Administrator and deposited into the Automated Traffic System Statewide Modernization Fund. This portion of court costs cannot be suspended.

(2) For all violations of the provisions of Title 39, or any other motor vehicle or traffic violation payable through the Violations Bureau, pursuant to the Statewide Violations Bureau Schedule or a local schedule, $0.50 shall be collected by the Municipal Court Administrator and deposited into the Emergency Medical Technician Training Fund. This portion of court costs cannot be suspended.

(3) Any remaining court costs shall be collected by the Municipal Court Administrator for distribution to the municipality.

§ 1-20 Additional penalties; appearance of defendant; bail as payment; defense by affidavit.

A. Additional penalties for failure to appear on return dates.

(1) Motor vehicle, traffic and parking cases. For offenses listed on this Local Schedule, the following additional penalties will be added to the payable amount, as indicated:

(a) When a supplemental notice is sent, $10 will be added to the payable amount.

(b) When a notice of proposed suspension for a parking violation is sent, $10 will be added to the payable amount.

(c) When an order to suspend is issued for a parking violation, $15 will be added to the payable amount.

(d) A DMV fee of $3 is also to be added to the total payable amount due upon the issuance of an order to suspend.

(e) When a warrant is issued, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be as follows:

[1] Parking offenses: the payable amount plus $15.

[2] All other listed offenses: the payable amount plus $25.

(f) Note: Under the provision of N.J.S.A. 39:5-9, costs, not to exceed $33, may be deducted by the court from forfeited bail in traffic cases.

(2) Nontraffic cases. For offenses listed in Part II of this Schedule, N.J.S.A. 2B:12-31 permits the Municipal Court to order the suspension of a defendant's driving privilege for failure to appear at any scheduled court appearance. The following procedures may be used by the court to effectuate that process:

(a) Send a "Notice of Proposed Suspension of Driving Privileges for Failure to Appear" to the defendant. This notice may be used for violations that are payable on this Schedule, as well as for those violations that are not. Note: Unlike traffic matters, no fee may be assessed for the mailing of this notice.

(b) Should the defendant fail to respond to the notice of proposed suspension, the court may issue an order of suspension. When the court issues the order, $25 [$10 (notice) + $15 (order)] will be added to the total payable amount.

(c) A DMV fee of $3 is also to be added to the payable amount, upon the issuance of the order of suspension.

(d) When a warrant is issued, unless the judge otherwise orders, the amount of the bail indicated on the warrant shall be the amount of the payable amount plus $50.

B. Appearance of defendant in certain cases. If, in the opinion of the officer issuing the complaint-summons, circumstances indicate that the defendant should appear in court, the officer has the option to check the "Court Appearance Required" box on the complaint-summons, in which case the matter may not be processed in the Violations Bureau.

C. Authorization to apply bail against fine(s) and costs. By executing the form of Authorization to Apply Bail against Fine(s) and Cost and Waiver of Rights, a defendant against whom a warrant has been issued waives the rights to a lawyer and a trial, enters a plea of guilty to the offense charged and authorizes the Municipal Court Administrator to apply the bail posted toward the payment of fines, assessments and costs owed. This form may be used for all offenses payable through the Violations Bureau.

D. Defense by affidavit in certain cases. For any offense not listed on this Schedule or on a local schedule, a court appearance is required, unless the court authorizes a defendant by affidavit in accordance with the provisions of New Jersey Court Rule 7:12-3. For offenses involving traffic accidents resulting in personal injury, a court appearance is also required.