Ordinance No. 18-08
Introduced: May 1, 2008
Public Hearing: June 5, 2008
Status: Adopted
An ordinance amending Section 1-7(a), General Penalty, of Chapter 1, General Provisions, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to increase the maximum fine that can be imposed for the violation of an ordinance to $2,000.00
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, Section 1-7(a), General Penalty, of Chapter 1, General Provisions, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey states that, wherever no specific penalty is provided, the maximum fine allowable for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for the nonperformance of an act which is required to be done or for the violation of any provision of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is $1,000.00; and
WHEREAS, N.J.S.A. 40:69A-29(b) provides that municipalities governed by the optional form of government shall have the power to impose fines not exceeding $2,000.00; and
WHEREAS, the Township of Randolph desires to amend Section 1-7(a), General Penalty, of Chapter 1, General Provisions, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to increase the maximum fine allowable for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for the nonperformance of an act which is required to be done or for the violation of any provision of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to $2,000.00 where no other specific penalty is otherwise provided.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Section1-7(a), General Penalty, of Chapter 1, General Provisions, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 1-7. General penalty.
(a) Whenever no specific penalty is provided in the Revised Ordinances or in any other ordinance of the Township for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for the nonperformance of an act which is required to be done, the violation of any such provision shall be punished by a fine not exceeding $2,000.00, or by imprisonment for a term not exceeding 90 days, or both; provided, however, that, when the maximum penalty fixed by an applicable state statute is less than the penalty in the Revised Ordinances, then the limitations of such state statute shall be applicable. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION FOUR. This Ordinance shall take effect as provided by law.
ATTEST
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Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
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Allen M. Napoliello
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 18-08
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Section 1-7(a), General Penalty, Of Chapter 1, General Provisions, Of The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey To Increase The Maximum Fine That Can Be Imposed For The Violation Of An Ordinance To $2,000.00” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on May 1, 2008 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 5, 2008 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Section 1-7(a), General Penalty, of Chapter 1, General Provisions, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to increase the maximum fine allowable for the punishment of an act which is prohibited or which is declared to be unlawful or an offense, or for the nonperformance of an act which is required to be done or for the violation of any provision of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey to $2,000.00 where no other specific penalty is otherwise provided.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
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Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey