Township of West Brandywine, PA Article II Penalties

[Adopted 2-6-1997 by Ord. No. 97-01]

§ 1-16 Ordinances to be enforced as summary offenses.

A. All ordinances of West Brandywine Township regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution are hereby amended so as to provide that they shall be enforced as a summary offense under the Pennsylvania Rules of Criminal Procedure pursuant to the mandate of Act 172 of 1996; said ordinances further being amended to provide a maximum fine for each violation not to exceed $1,000.

B. Any person who violates or permits a violation of any of the ordinances referred to in § 1-16A shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of the ordinance referred to in § 1-16A that is violated shall also constitute a separate offense.

[Added 12-21-2000 by Ord. No. 00-04]

§ 1-17 Ordinances to be enforced by civil procedure.

A. All other Township ordinances shall be enforced by a civil procedure with a maximum fine of $600 per violation pursuant to the mandate of Act 172 of 1996.

B. Any person who violates or permits a violation of any of the ordinances referred to in § 1-17A shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of such ordinance. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[Added 12-21-2000 by Ord. No. 00-04]