[Ord. 155, 1/5/1998, § 1]
The intent of this Part is to amend the penalty provisions of
all prior ordinances adopted by the Township of Jefferson to impose
civil and/or criminal penalties in accordance with Act 172 of 1996.
[Ord. 155, 1/5/1998, § 2]
1.
Criminal enforcement/enforcement as a summary offense. The violation
of an ordinance regulating building, housing, property maintenance,
health, fire, public safety, parking, solicitation, curfew, water,
air or noise pollution shall be enforced by an action brought before
a District Justice in the same manner provided for the enforcement
of a summary offense under the Pennsylvania Rules of Criminal Procedure.
A.
The Solicitor of Jefferson Township may assume the charge of the
prosecution without the consent of the District Attorney as required
under Pa. R. Crim. P. 83(c).
B.
Criminal fines for a violation of the aforementioned ordinance shall
not exceed $1,000 per violation, and imprisonment, if prescribed by
the Board of Supervisors, shall not exceed the extent allowed by law
for the punishment of summary offenses.
2.
Civil enforcement. Except as provided in Subsection 1, when the penalty imposed for the violation of an ordinance is not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a District Justice. The civil proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure.
A.
An ordinance enforced through a civil proceeding may prescribe civil
penalties not to exceed $600 per violation.
B.
In any case where a penalty for a violation of an ordinance has not
been properly paid and the person on whom the penalty was imposed
is found to have been liable therefor in civil proceedings, the violator
shall be liable for the penalty imposed, including additional daily
penalties for continuing violations, plus court costs and reasonable
attorneys' fees incurred by the Township in the enforcement proceedings.
C.
In addition to or in lieu of civil actions before District Justices,
the Township may enforce ordinances in equity brought in the Court
of Common Pleas of Butler County.
[Ord. 155, 1/5/1998, § 3]
Ordinances enacted after May 7, 1996, and prior to the date of this Part regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution shall be deemed automatically amended so that they shall be enforced by an action before a District Justice as provided in § 1-502, Subsection 1. All other ordinances enacted prior to May 7, 1996, shall be deemed automatically amended so that they shall be enforced through a civil enforcement proceeding as provided in § 1-502, Subsection 2.
[Ord. 155, 1/5/1998, § 4]
The Board of Supervisors may provide that a separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each Section of the ordinance that is violated.
[Ord. 155, 1/5/1998, § 5]
All fines and penalties collected for the violation of any Township
ordinance shall be paid to the Township Treasurer.
[Ord. 155, 1/5/1998, § 6]
The Board of Supervisors has the discretion to delegate the
initial determination of ordinance violation and the service of notice
of violation to officers or agents as the Township may deem necessary
and qualify.
