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| New Jersey | June 2004 | |
| Penalties for Violations of Municipal Ordinances in General: The maximum fine for violation of a municipal ordinance may be increased to $1,250. See N.J.S.A. 40: 49-5, as amended by Chapter 274 of the Laws of 2001, and N.J.S.A.40:69A-29 as amended by Chapter 231 of the Laws of 2003 (for Faulkner Act municipalities). The provisions for 90 days' imprisonment or 90 days of community service have not changed. Check your Code to see if your "Violations and penalties" sections reflect the statutory maximum. | ||
| Penalties for Violations of Solid Waste Ordinances: Chapter 231 of the Laws of 2003 also revised the penalty provisions for violation of an ordinance pertaining to unlawful solid waste disposal. The law states that that the governing body "may prescribe that for the violation of an ordinance pertaining to unlawful solid waste disposal at least minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000." | ||
| Fine for Handicapped Parking Violations: Chapter 161, Laws of 2002, increased the fine for illegally parking in a parking space restricted for use by handicapped persons from $100 to $250 for a first offense, and for subsequent offenses the minimum fine is increased to at least $250 and up to 90 days' community service. See N.J.S.A. 39:4-197(3)(c). If your local ordinance prescribes a penalty for such illegal parking, it should be amended to conform to the statute or revised to remove the amounts and refer to N.J.S.A. 39:4-197(3)(c) instead. | ||
| Administration of Government/ Public Portion of Meetings: Chapter 80 of the Laws of 2002 amended the Open Public Meetings Act (N.J.S.A. 10:4-12) to require that municipalities set aside a portion of every meeting for public comment. If your Administrative Code contains a standard meeting agenda, it may need to be amended to reflect this change. | ||
Alcoholic Beverage License Fees: For many years the maximum fees for alcoholic beverage licenses have been unchanged. In 2003, Chapter 117 of the Laws of 2003 amended N.J.S.A. 33:1-12 to increase the maximum fees for Class C alcoholic beverage licenses as follows. Check your licensing ordinance to see if revisions are warranted. Please note, however, that certain license fees may not be increased by more than 20% or $500, whichever is less, in any year.
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| Abandoned Properties Rehabilitation: Chapter 210 of the Laws of 2003 extends the authority of municipalities to determine that abandoned properties are a nuisance and to require that the nuisance conditions be abated through immediate demolition, stabilization or repair. (See N.J.S.A. 55:19-78 et seq.). The statute provides that a municipality that has designated or appointed a public officer pursuant to N.J.S.A. 40:48-2.5 may adopt an ordinance directing the public officer to identify abandoned property and establish and maintain a list of abandoned property, to be known as the "abandoned property list." The municipality may add properties to the abandoned property list at any time, and may delete properties at any time when the public officer finds that the property no longer meets the definition of an abandoned property. Interestingly, the statute also provides a mechanism for the voters to propose and submit to council such an ordinance within one year (end of 2004). The ordinances that we have seen merely reference the statute. | ||
| Uniform Construction Codes/State Permit Fees: Fees collected by construction officials on behalf of the DCA included the former "State of New Jersey Training fee" now called the "New Jersey State permit fees." The current fee appears to be $0.00265 per cubic foot of volume of new buildings and additions, and for other construction, $1.35 per $1,000 of value of construction. If your construction code fee schedule refers to this surcharge fee, its name and amount should be updated accordingly. Alternatively, and instead of updating the fee in accordance with the state fee schedule, merely remove the amount and refer to the "current New Jersey State Permit fees." | ||
| Criminal History Record Check: Many municipalities have enacted ordinances providing for criminal history record checks. Chapter 199 of the Laws of 2003 was enacted to bring various state statutes into compliance with federal law. As part of that act, municipalities were specifically given the authorization to receive information from the FBI and to enact an ordinance providing that "an authorized municipal official or officer may request a criminal history record background check of any person for an official governmental purpose, including, but not limited to, employment, licensing and the procurement of services." In addition, the ordinance should also provide that the person shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations, and shall further provide that the official or officer is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. Local ordinances should be reviewed for compliance with this new language. Also, if your ordinance specifies a fee, we suggest that it be amended to match the current state fee or be replaced by a reference to the current amount charged by the State Bureau of Identification. See N.J.S.A. 40:48-1.4). | ||
| Loitering and Conduct in Public Places: In addition to the preemption of municipal loitering ordinances, a January 2003 decision of the Appellate Division of the NJ Superior Court [State of New Jersey (Township of West Orange) vs. Carl A Paserchia] ruled that N.J.S.A. 2C: 33-1 to 28 reveals a state "policy to comprehensively address street behavior and other conduct in public places which may disturb citizens and disrupt peaceful society." The issue in question was the ordinance language regulating intentional reckless, or improper behavior or use of offensive language in public. Municipal ordinances should be reviewed for possible conflicts or regulation of subjects preempted by state law, including rioting, failure to disperse, harassment, obstruction of public roads, and disruption of meetings and processions. Consult your municipal attorney. | ||
| Parks and Recreation Areas: Recent court cases indicate that ordinances that restrict the use of public parks to only municipal residents are unconstitutional. In 1999, the Appellate Division, in the case of Hwida Barkawi v. Borough of Haledon, held that "an ordinance limiting the use of a municipal park to residents was unconstitutional." If your Code contains this restriction, it may need to be removed. Consult your municipal attorney. | ||
| Zoning Permits: Chapter 49 of the Laws of 2001 amends N.J.S.A. 40:55D-18 to require that the "administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor." The law has been challenged, but was upheld. As a result, however, municipalities may charge a higher permit fee to cover any additional costs of review, especially for complicated applications that involve professionals' services in order to meet the time constraint. | ||
| Segway (electronic personal assistive mobility device): Chapter 88 of the Laws of 2003 permits the operation of these devices on public highways, sidewalks and bicycle paths of the state, subject to all the duties of a bicycle rider, with similar safety and equipment standards. However, the statute also provides that t he "governing body of any municipality may, by ordinance, regulate the operation of electric personal assistive mobility devices upon the roadways and public properties under municipal jurisdiction. The State or the governing body of any county or municipality may prohibit or regulate their operation on any public highway under its jurisdiction." We have not yet seen any ordinances on this subject. | ||
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