[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.[1]
[1]
Editor's Note: Former Subsection B, regarding incorporation
of and amendments to Ordinance Nos. 95-6 and 96-1, which immediately
followed this subsection, was repealed 10-18-2021 by Ord. No. 2021-04.
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.
[1]
Editor's Note: Former § 1-21, Violations and penalties:
Ordinance Nos. 95-6 and 96-1, was repealed 10-18-2021 by Ord. No. 2021-04.
[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.
