NJ Municipal Ordinance Offenses

NJ Municipal Ordinance Offenses

In New Jersey, municipalities like cities, towns, and counties can enact local ordinances to prohibit certain conduct. Violating these municipal codes leads to citations and fines in municipal court. While considered low-level offenses, ordinance violations should still be taken seriously.

Types of Municipal Ordinances

Municipalities have broad authority to regulate local affairs under their police powers. Common ordinances cover[1]:

• Traffic and parking
• Noise and nuisance
• Housing and zoning
• Animal control
• Alcohol and smoking
• Licensing of businesses

Thousands of hyper-local ordinances exist across New Jersey’s 565 municipalities[2]. Some regulate minor quality of life issues while others relate to public safety.

Penalties for Violating Ordinances

Ordinance penalties are classified as[3]:

• Petty disorderly persons offense – Up to 30 days in jail and/or up to $500 fine
• Disorderly persons offense – Up to 6 months in jail and/or up to $1,000 fine
• Code violation – Fine only up to $2,000

Many ordinance violations carry only fines, like parking tickets or excessive noise. But some involve possible jail time. Fines often double if not paid promptly.

Common Municipal Ordinance Charges

Frequent municipal ordinance citations include[4]:

• Traffic offenses – Speeding, stop sign/light violations, careless driving
• Parking offenses – Expired meter, street cleaning, handicap spot
• Noise violations – Loud music, parties, construction work
• Housing code violations – Property maintenance, overgrown lawns, abandoned vehicles
• Animal offenses – Pet waste, barking dogs, leash law
• Alcohol offenses – Underage drinking, open container

These reflect common areas of resident complaints and police enforcement.

Defending Against Ordinance Charges

While considered minor, ordinance citations still require a defense strategy. Possible defenses include[5]:

• You did not actually violate the ordinance
• You fall under an exception to the ordinance
• The ordinance is unconstitutional or preempted by state/federal law
• You were cited incorrectly under the wrong ordinance
• There are procedural flaws in how you were cited

An experienced municipal court lawyer can identify defenses specific to your citation.

Penalties for Failing to Appear

If you fail to appear or respond to a municipal ordinance summons, you may face[6]:

• Additional failure to appear fine
• Driver’s license suspension
• Contempt of court charges
• Arrest warrant
• Higher fine amount

Promptly addressing citations limits penalties and preserves defenses. Retaining counsel helps ensure a vigorous defense.

Appealing Ordinance Convictions

If found guilty of an ordinance violation in municipal court, you can appeal to the Superior Court Law Division for a new trial. Grounds include:

• Lack of jurisdiction
• Prejudicial evidentiary rulings
• Abuse of discretion
• Errors in due process
• Insufficient evidence

However, appeals must be filed within 20 days and rarely overturn convictions unless clear trial errors occurred.

Expunging Ordinance Violations

Successfully completed ordinance violation probation can be expunged after 5 years under N.J.S.A. 2C:52-5. This seals the records from public view but does not erase them. An attorney can advise you on expungement eligibility and procedures.

Avoiding Future Ordinance Citations

The best way to handle ordinance violations is avoiding them entirely. Familiarize yourself with common local codes and be sure to promptly address any citations you do receive.