[Added 7-8-02 by Ord. No. 02-23]
[Amended 5-8-2006 by Ord.
No. 14-06]
For violation of any provision of this Code or other ordinance
of the Township of Mount Arlington, unless a specific penalty is otherwise
provided in connection with the provision violated, the maximum penalty
upon conviction of the violation shall be by one or more of the following:
imprisonment in the County jail or in any place provided by the municipality
for the detention of prisoners, for any term not exceeding 90 days;
or by a fine not exceeding $2,000; or by a period of community service
not exceeding 90 days at the discretion of the Judge of the Municipal
Court. (N.J.S.A. 40:49-5)
The Municipal Council may prescribe that for the violation of
any particular provision 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 provisions 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. (N.J.S.A. 40:49-5)
Any person who enters a plea of guilty or who is convicted of
violating this Code or any ordinance within one year of the date of
a previous violation of the same provisions of this Code or of the
same ordinance, 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 provisions, but shall be calculated separately from the fine
imposed for the violation of the ordinance or Code provision.
If the Municipal Council chooses not to impose an additional
fine upon a person for a repeated violation of any municipal ordinance,
the Council may waive the additional fine by ordinance or resolution.
(N.J.S.A. 40:49-5)
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. (N.J.S.A.
40:49-5)
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. (N.J.S.A.
40:49-5)
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. (N.J.S.A. 40:49-5)
