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STATE v. McCORMACK TERMINAL, INC.

191 N.J. Super. 48 (1983)

465 A.2d 545

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. McCORMACK TERMINAL, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 29, 1983.

Attorney(s) appearing for the Case

Joseph R. Bulman argued the cause for appellant (Arthur W. Burgess, attorney; Joseph R. Bulman on the brief).

Thomas E. Downs, IV, Municipal Prosecutor, City of South Amboy, argued the cause for respondent.

Before Judges BOTTER, POLOW and BRODY.

The opinion of the court was delivered by BRODY, J.A.D.

Defendant appeals its conviction under an ordinance1 for polluting the air of South Amboy. A $500 fine was imposed. It contends that the ordinance definition of "air pollution" is unconstitutionally vague and that the penalty provision of the ordinance is void because it establishes a minimum fine contrary to the limited statutory authority given municipalities to adopt penal ordinances...

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