Township of Union, PA
Berks County
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[Adopted 10-20-1997 by Ord. No. 97-5]
A. 
Union Township ("Township"), a township of the second class, organized and existing under the laws of the Commonwealth of Pennsylvania and the Board, desires to fully comply with the provisions of Section 1601 of Act 172 of 1996. Subsection c.1 of Section 1601 of Act 172 of 1996, known and cited as "The Second Class Township Code," provides, in part, that an ordinance enacted by the Board of Supervisors pursuant to Act 172 of 1996 shall prescribe the fines and penalties which may be imposed for its violation and shall, unless otherwise specified in another statute, designate the method of its enforcement in accordance with the enforcement procedures thereinafter set forth.
B. 
The Board also desires to incorporate the changes in the Second Class Township Code into Ordinance No. 96-1, which was enacted after May 7, 1997, and which in part ratified, confirmed and incorporated Ordinance No. 95-6. Ordinance No. 96-1 was not included as part of the statutory change to the civil remedies section as provided for in Act 172 of 1996. Therefore, the Board desires to generally amend Ordinance No. 96-1 and specifically delete and amend Article VI, Section 6.1, of Ordinance No. 95-6.[1]
[1]
Editor's Note: See now Chapter 156, Article III, § 156-64.
Except as provided in the following § 1-19 hereof, when penalties are imposed for violations of the ordinances of the Township ("ordinances") and the penalties are not voluntarily paid to the Township, the Township shall initiate a civil enforcement proceeding before a District Justice. The civil enforcement proceeding shall be initiated by complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. All ordinances which are to be enforced through a civil enforcement proceeding shall prescribe civil penalties not to exceed $600 per violation. In addition to or in lieu of civil actions before a District Justice, the Township may enforce ordinances in equity. In any case where penalties for violations of ordinances have not been timely paid and the person upon 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, court costs and reasonable attorney fees incurred by the Township in the enforcement proceedings. The Township shall be exempt from the payment of costs in any civil case brought to enforce ordinances in accordance with this section.
All ordinances of the Township regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution shall be enforced by action before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Municipal Solicitor may assume charge of the prosecution without the consent of the District Attorney as required by Pa.R.Crim.P. No. 83 (relating to trial in summary cases). The Board shall prescribe criminal fines not to exceed $1,000 for the violation of such ordinances and shall prescribe imprisonment to the extent allowed by law for the punishment of summary offenses.
The enactment of this article specifically amends all ordinances of the Township enacted prior to May 7, 1996.
Ordinance No. 96-1, generally, and Ordinance No. 95-6, at Article VI, Section 6.1, specifically,[1] shall be deleted, and in lieu thereof the following language shall be incorporated:
Any user who is found to have violated an order of the Township or who willfully or negligently failed to comply with any provision of this article and the orders, rules, regulations, and permits issued hereunder shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Municipal Solicitor may assume charge of the prosecution without the consent of the District Attorney as required by Pa.R.Crim.P. No. 83 (relating to trial in summary cases). The Board shall prescribe criminal fines not to exceed $1,000 for the violation of this article and shall prescribe imprisonment to the extent allowed by law for the punishment of summary offenses.
[1]
Editor's Note: See now Chapter 156, Article III, § 156-64.
[Added 9-20-2004 by Ord. No. 2004-14]
For every violation of this Code, each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this Code that is violated shall also constitute a separate offense.