(A) Civil enforcement. Except as provided in division (A), when the penalty imposed for the violation of an ordinance enacted pursuant to the provisions of the Second Class Township Code is 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. An ordinance which is to be enforced through a civil enforcement proceeding may prescribe civil penalties not to exceed $600 per violation. In addition to or in lieu of civil actions before a district justice, townships may enforce ordinances in equity. In any case where a penalty for a violation of a township ordinance has 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, plus court costs and reasonable attorney fees incurred by the township in the enforcement proceedings. A township shall be exempt from the payment of costs in any civil case brought to enforce an ordinance in accordance with this division (A).
(B) Enforcement as summary offenses. For an ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water, air or noise pollution, the Board of Supervisors shall provide that its enforcement shall be 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 under Pa.R.Crim.P. No. 83(c) (relating to trial in summary cases). The Board of Supervisors may prescribe criminal fines not to exceed $1,000 per violation and may prescribe imprisonment to the extent allowed by law for the punishment of summary offenses.
(Ord. 105, passed 11-12-1996)
Statutory reference:
Ordinances; penalty, see 53 P.S. § 66601