Borough of Chester, NJ Article III General Penalty

[Adopted 4-3-1980 as Sec. 1-5 of the 1980 Code; amended in its entirety by Ord. No. 90-4]

§ 1-17 Violations and penalties; default.

[Amended 7-20-2004 by Ord. No. 2004-25; 3-7-2006 by Ord. No. 2006-7]

A. Unless otherwise specified to the contrary, the violation of any provision of this Code, or any other ordinance of the Borough where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be one or more of the following: a fine not exceeding $2,000, or imprisonment for a period not exceeding 90 days, or by a period of community service not exceeding 90 days.

B. Any person convicted of the violation of any provision of this Code, or any ordinance of the Borough, may, in the discretion of the court finding the person guilty of such violation, and in default of the payment of any fine imposed thereafter, be imprisoned for a period not exceeding 90 days or be required to perform community service for a period not exceeding 90 days.

C. Where any fine in excess of $1,250 is imposed for a housing violation or for a zoning violation, the owner shall be provided a thirty-day period in which the owner has an opportunity to cure or abate the condition, and the owner shall have an opportunity for a hearing before the court. After the thirty-day period a higher fine may be imposed if a court has not determined that the abatement has been substantially completed.

§ 1-18 Each day to constitute separate violation.

Except as otherwise provided, every day in which there is a violation of any provision of this chapter or any other ordinance of the borough shall constitute a separate violation.

§ 1-19 Applicability.

The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.

§ 1-20 Repeat offenders; additional fines.

A. Any person who is convicted of violating an ordinance of the borough, within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, shall be sentenced to an additional fine as a repeat offender.

B. The additional fine imposed 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, but shall be calculated separately from the fine imposed for the violation of the ordinance.