Any person convicted of a violation of this article three or more times within a period of 12 months shall be considered a chronic violator and shall, upon the third or more conviction(s), be penalized under this section and not under § 265-11 or 265-20, according to the following:
The violator
shall be punished for the third violation by a fine of not less than
$300 but not more than $1,000 or by imprisonment for not more than
180 days, or by both such fine and imprisonment.
The violator
shall be punished for the fourth and subsequent offenses by imprisonment
for not more than 180 days or a fine of $100 multiplied by numeric
value of the violation minus two, or by both such fine and imprisonment.
For example, if a sixth violation occurs, a fine of $400 [calculated
as $100 x (6-2)] shall be imposed. The fines shall not exceed $1,000
per offense.
A chronic violation
will be deemed a third offense within a twelve-month period; at which
time, the Township may recommend to the appropriate Magisterial District
Judge a period of incarceration for the chronic violator as punishment.
Every day that
a violation continues shall be considered a separate offense, for
which the violator may be arrested, tried and convicted without necessity
of further notice.
The administrative
citation fines as described in this article may also be imposed for
violations of this article, and such fines shall be subject to the
administrative fine provisions and processes as described elsewhere
in this article.