This article shall be known as the "Enforcement Ordinance of Washington
Township" and shall govern the enforcement of violations of the Washington
Township ordinances set forth herein.
All ordinances enacted after May 7, 1996, and before the date of this
article, including Ordinance No. 7-96, which regulate building, housing, property maintenance, health,
fire, public safety, parking, solicitation, curfew, water, air or noise pollution
are hereby amended and shall be enforced as summary offenses under the Pennsylvania
Rules of Criminal Procedure, pursuant to the purpose and mandate of Act 172
of 1996. Specifically, the portions of the following ordinances, as amended
by Ordinance No. 7-96, which establish or refer to civil violations are hereby
repealed; and enforcement for such violations as summary offenses is established
as follows:
A. Ordinance No. 1-70 (see now Chapter
116, Article
I), being an ordinance prohibiting the accumulation or deposit of snow removed from private driveways or parking areas. Section III (see now §
116-3) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 1-70 shall be required to pay a criminal fine in the amount of $25 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
B. Ordinance No. 2-70 (see now Chapter
131, Article
I), being an ordinance regulating the parking or standing of vehicles upon streets or highways which prevents or interferes with the removal or plowing of snow. Section 4 (see now §
131-4) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 2-70 shall be required to pay a criminal fine in the amount of $50 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
C. Ordinance No. 3-78 (see now Chapter
76), being an ordinance regulating junk dealers and the establishment and maintenance of junkyards. Section XIV (see now §
76-12) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 3-78 shall be required to pay a criminal fine in the amount of $300 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
D. Ordinance No. 4-78 (see now Chapter
131, Article
II), being an ordinance providing for the regulation of parking. Section VII (see now §
131-10) shall be amended as provided in this article, and any person who violates or permits a violation of Ordinance No. 4-78 shall be required to pay a criminal fine in the amount of $300 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
E. Ordinance No. 8-79 (see now Chapter
94, Article
I), being an ordinance regulating sleeping in motor vehicles. Section V (see now §
94-5) is amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 8-79 shall be required to pay a criminal fine in the amount of $25 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
F. Ordinance No. 1-81 (see now Chapter
69), being a floodplain ordinance. Section 2.10B (see now § 69-15B) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 1-81 shall be required to pay a criminal fine in the amount of $300 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
G. Ordinance No. 3-90 (see now Chapter
73, Article
I), being an ordinance regulating radioactive waste. Section 11.1 (see now §
73-40) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 3-90 shall be required to pay a criminal fine in the amount of $1,000 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
H. Ordinance No. 3-92 (see now Chapter
36), being an ordinance regulating public gatherings. Section 11 (see now §
36-11) is amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 3-92 shall be required to pay a criminal fine in the amount of $300 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
I. Ordinance No. 5-93 (see now Chapter
105, Article
III), being a holding tank ordinance. Section XIV (see now §
105-22) shall be amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 5-93 shall be required to pay a criminal fine in the amount of $500 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
J. Ordinance No. 2-95 (see now Chapter
142, Article
I), being an ordinance for mandatory public water connection. Section 11 (see now §
142-11) is amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 2-95 shall be required to pay a criminal fine in the amount of $100 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
K. Ordinance No. 5-74 (see now Chapter
105, Article
I), as amended on September 7, 1976, being an ordinance requiring a connection with the public sanitary sewer system. Section 7 (see now §
105-7) is amended as provided in this article, and any person who violates or permits the violation of Ordinance No. 5-74 shall be required to pay a criminal fine in the amount of $100 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
L. Ordinance No. 4-95 (see now Chapter
105, Article
IV), being an ordinance establishing sewer connection, inspection fees and sewer rent or charges. Section 19 (see now §
105-41) is amended as provided in this article, and any person who violates or permits the violation of Section 19 of Ordinance No. 4-95, as amended by Ordinance No. 7-96, shall be required to pay a criminal fine in the amount of $1,000 per violation, and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
Ordinances governed by this article or Ordinance No. 7-96 may also be
enforced through an action in equity brought in the Court of Common Pleas
of Erie County.
A separate offense shall arise for each day or portion thereof in which a violation of the ordinances identified in §
1-24 of this article or in Ordinance No. 7-96 is found to exist and for each section of said ordinances which are found to have been violated.
The enforcement of the ordinances identified in §
1-24 of this article 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 of the ordinances as set forth in §
1-24 of this article without the consent of the District Attorney.
The Washington Township Council shall from time to time, by motion or resolution, nominate or appoint enforcement officers for each of the ordinances identified in §
1-24 above or in Ordinance No. 7-96 who are authorized and directed to impose fines and institute enforcement proceedings as required to achieve compliance with said ordinances.
The enforcement officer shall determine in each instance whether a violation has occurred under each of the ordinances identified in §
1-24 above or in Ordinance No. 7-96. Upon determining that a violation has occurred, the enforcement officer shall impose a fine upon the violator in the amount set forth above or in Ordinance No. 7-96.
Upon the determination by the enforcement officer that a violation has
occurred, the enforcement officer or, upon the request of the enforcement
officer, the Township Solicitor shall forward to the violator a citation or
other notice, in the form prepared by the Township Solicitor, notifying the
violator of the violation and giving the violator an opportunity to pay the
fine without the necessity of a civil or criminal enforcement proceeding and
without the payment of court costs, including attorney fees.
With regard to ordinances subject to civil enforcement under 53 P.S.
§ 66601(c.1)(1), in cases where fines are not paid in accordance
with the civil citation or other notice of the violation by Washington Township,
the enforcement officer shall commence a civil enforcement proceeding before
the District Justice to collect the fines plus all court costs, including
reasonable attorney fees, incurred by Washington Township. If the violator
neither pays nor timely appeals the judgment for a violation of said ordinances,
Washington Township may enforce the judgment pursuant to the applicable rules
of civil procedure.
With regard to ordinances subject to enforcement as summary offenses
under 53 P.S. § 66601(c.1)(2), in cases where fines are not paid
in accordance with the citation or other notice of the violation by Washington
Township, the enforcement officer shall commence an enforcement action as
a summary offense before the District Justice to collect the fines plus all
court costs, including reasonable attorney fees, incurred by Washington Township
and to seek imprisonment of the violator to the extent allowed by law for
the punishment of summary offenses. The Township Solicitor shall assume charge
of the prosecution.