Local Ordinance Violation
NJ municipalities have the ability to enact a local rule of law referred to as an ordinance. The ramifications for a violation of a municipal ordinance can be significant, even including up to 90 days in jail. If you or a loved one has been charged or arrested for an alleged violation of an ordinance, our lawyers can help. Our defense team has over 60 years experience handling criminal cases, and includes two attorneys who are former municipal prosecutors. A lawyer is ready 24/7 to answer your questions and provide you with the guidance you are looking for at 855-450-8310.
Penalty Imposed for a Municipal Ordinance Offense
The penalties and fines imposed for an ordinance violation must fall within the limits set forth in N.J.S.A. 40:49-5. This law provides, in relevant part, that:
“N.J.S.A. 40:49-5. Penalties for Violating Ordinances
The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail…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…”
- Statute of Limitation. There is no law in New Jersey that specifies a time limit for filing a complaint or summons for a violation of an ordinance. However, our Courts have held that a one year statute of limitation applies to allegations that an individual violated a municipal ordinance.
- Burden of Proof. The state must prove a violation of a local code or ordinance beyond reasonable doubt. This is the same standard that applies in a criminal case.
- Expungement. The biggest obstacle to expungement of an ordinance conviction is a two year waiting period. Provided two years have elapsed, an ordinance charge may be expunged except where the applicant has been convicted of more than two disorderly persons or one indictable offense.
The attorneys at our law firm would be happy to speak to you and evaluate your charge. Initial consultations with lawyers here are always without expense. Reach an experienced attorney immediately at 855-450-8310.
