Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[Derived from Sec. 1-5 of the 2002 Revised General Ordinances, adopted 12-16-2002 by Ord. No. 02-27]
For violation of any provision of any chapter of this Code or any other ordinance of the Township of Clark where no specific penalty is provided regarding the section or sections violated, the maximum penalty, upon conviction, shall be one or more of the following:
A. 
A fine not exceeding $2,000.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Imprisonment for a period not exceeding 90 days.
C. 
A period of community service not exceeding 90 days.
The Township Council may prescribe that, for the violation of any particular provision of the Code or of any particular ordinance 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 $100. 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 Township Council chooses not to impose an additional fine upon a person for a repeat violation of any municipal ordinance, the Council may waive the additional fine by ordinance or resolution.
Any person convicted of the 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 Township, 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 Township 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.
The imposition of a fine or imprisonment as punishment for a violation of any provision of this Code or any other ordinance of the Township shall not be deemed to be in lieu of any provision thereof providing for the revocation or suspension of any license or permit.
Unless otherwise specifically set forth in the Code, any Township official can file a complaint upon recognition of a violation, and a sworn law enforcement official can enforce any or all of the provisions of this Code.
An owner fined in an amount greater than $1,250 for violations of housing or zoning codes shall be given a thirty-day period in which he or she shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).