[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim during codification (upon enactment, adoption information
will be inserted here). Amendments noted where applicable.]
Unless stated otherwise in this Code, the following shall apply
to any violation of any provision of the Code of the Borough of Mount
Ephraim:
A. Penalties. Except where otherwise provided by law, violation of any
section or provision of this Code or any other ordinance of the Borough
of Mount Ephraim, upon conviction, shall result in a minimum penalty
of $100 and a maximum penalty of any one or more of the following:
imprisonment in the county jail for a term not to exceed 90 days;
a fine not to exceed $2,000; or a period of community service not
to exceed 90 days.
B. Notwithstanding the foregoing, the violation of any ordinance or
section of this Code pertaining to unlawful disposal of solid waste
shall be subject to a minimum penalty of $2,500 and a maximum penalty
not to exceed $10,000.
C. The Municipal Court shall have the power to impose any fine, term
of imprisonment or period of community service set forth herein, or
any combination thereof, as it deems appropriate.
D. Any person convicted of violating an ordinance and/or a section of
this Code within one year of the date of a previous violation of the
same ordinance and/or a section of this Code and who was fined for
the previous violation, shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine imposed by the court
upon a person for a repeated offense shall not be less than the minimum
or exceed the maximum fine established in this section, but shall
be calculated separately from the fine imposed for the violation of
the ordinance and/or section of this Code.
E. The Borough of Mount Ephraim may waive the additional fine by ordinance
or resolution for a repeated violation of any ordinance and/or section
of the Code. Any person convicted of the violation of any ordinance
and/or section of the Code in the discretion of the court and in default
of the payment of any fine imposed therefor, shall be imprisoned in
the county jail or place of detention provided by the municipality,
for any term not exceeding 90 days, or be required to perform community
service for a period not exceeding 90 days.
F. In the event the court wishes to impose a fine in an amount greater
than $1,250 upon an owner of real property for violations of housing
or zoning codes of the Borough, then and in that event a thirty-day
grace period shall be provided to said owner in order to cure or abate
the violative condition, and said owner shall also be afforded an
opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning said violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, the court determines that the abatement has not been
substantially completed.
G. Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this Code or any other
ordinance of the Borough exists shall constitute a separate violation.
H. The maximum penalty stated in this section is not intended to be
an appropriate penalty for every violation. Any lesser penalty, including
a nominal penalty or no penalty at all, may be appropriate for a particular
case or a particular violation.