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ORDINANCE 2016-12 Amend Borough Health Code to Revise Noise Violation Fine

ADOPTED: July 19, 2016

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY AMENDING CHAPTER BH:I,
SECTION BH:1-2 OF THE BOROUGH HEALTH CODE ENTITLED “PENALTY” AND AMENDING, CHAPTER BH:III BY ADDING A SECTION BH:3-5 AMENDING SECTION 4 OF THE PUBLIC HEALTH NUISANCE CODE SO THAT THE MINIMUM FINE FOR A FIRST OFFENSE IS $100.00 AND THE MAXIMUM FINE FOR A FIRST OFFENSE IS $500.00
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WHEREAS N.J.S.A. 26:3-64 provides the local board of health with the authority to enact and amend health ordinances, and make and alter necessary rules and regulations to abate nuisances; and

WHEREAS Section 2-20.1 of the Borough Code establishes the Borough’s Board of Health consisting of the Mayor and Council of the Borough; and,

WHEREAS N.J.S.A. 26:3-66 provides the procedure for enactment of ordinances by the local board of health; and

WHEREAS N.J.S.A. 26:3-71. Provides that the penalty for the violation of a provision of a health ordinance or code need not be for a specific amount, but allows the local board to set a penalty that shall not be less than one given sum nor greater than another given sum and directs that the amount of the penalty between the maximum and minimum inclusive shall be left to the discretion of the court; and

WHEREAS N.J.S.A. 26:3-70 allows a penalty for the violation of any provision of a health ordinance or code not be more than $500.00 nor less than $5.00.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:


SECTION I.
Chapter BH:I, Section BH:1-2 of the Borough Health Code entitled “Penalty” is hereby deleted and replaced with the following:

Any person violating any of the provisions of any chapter of this revision of the ordinances of the board of health or any other ordinance of the board of health, where no other penalty is specifically provided shall, upon conviction thereof, pay a penalty of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense. Complaints shall be made in the municipal court of the borough or before such other judicial officer having authority under the laws of the State of New Jersey. In addition, the court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.

SECTION II.
Chapter BH:III of the Borough Health Code is hereby amended by adding a new section, section BH:3-5. Section BH3-5 shall be:

BH:3-5 PENALTIES.
The code is amended in Section 4 to read as follows:

"Section 4. Any person who violates, or neglects to comply with any provision of this ordinance or code established herein or notice issued pursuant thereto, shall upon conviction thereof, be liable to a penalty of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense. In addition, the court shall have the power to impose other penalties provided by N.J.S.A. 26:3-77 and N.J.S.A. 26:3-78.”

SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION IV. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION V. This Ordinance shall take effect thirty days after the date of the first publication as prescribed by N.J.S.A. 26:3-69.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 21st day of June, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 19th day of July, 2016, at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published June22, 2016 | New Ordinances | 2354


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