The Jackson Township Council, led by Council President Jennifer Kuhn, wants to imprison any person who dares to park a vehicle illegally in the Township.
The Council tonight unanimously introduced Ordinance 29-24 which prohibits parking, standing or stopping along both sides of Brewers Bridge Road between South New Prospect Road and South Cooksbridge Road.
Council President Kuhn stated on the record that the Ordinance imposes the following punishments for a conviction:
• For a first offense, a $250 penalty per day and/ or prison not to exceed 90 days, at the discretion of the court
• For a second offense, a $500 penalty per day and/or prison not to exceed 90 days, at the discretion of the court
• For additional offenses, the car can also be towed away
The Council also voted to introduce Ordinance 31-24.
Previously, the Council enacted Ordinance 10-24 which prohibits parking, stopping or standing within 50 feet of an intersection were such roadway intersects with a county road. The Ordinance further restricts parking between 51 feet and 100 feet from said intersection on said roadways to those with residential parking permits.
The ordinance introduced tonight imposes the same penalties as introduced in Ordinance 29-24. Ms. Kuhn stated that, going forward, all of the Township's parking ordinances will be amended to include these penalties.
The Council will hold a public hearing and final reading on these ordinances on Tuesday, September 24, 2024.
It is extremely questionable if the additional penalties "per day" is legal. A couple of months ago, in the Malachite case (Docket No. A-0943-22), the Appellate Division ruled that the “each day” penalty is unenforceable because it is contrary to N.J.S.A. 40:49-5, “Penalties for violations of municipal ordinances”. The Appellate Division reasoned that a municipality can only ‘impose an additional fine upon a person for a repeated violation of any municipal ordinance’, but not to repeatedly or continuously fine a person for each day for the continuing violation.
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1 comment:
Wow Council President Jennifer Kuhn what changed did you finally decide to go for a drive through Jackson.Illegally parked cars yes in agreement on this and good for you for stepping up.Now if you can get Jackson Police to start tcketing cars parked on the shoulder over the weekends that would be great,So maybe I can take my bike out and ride the sholduer like I use too.
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