[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:
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.
