Township of Washington, PA Criminal Enforcement

[Adopted 7-1-1997 by Ord. No. 3-97]

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.

§ 1-24 Repeal of civil fines; establishment of criminal penalties.

All ordinances enacted after May 7, 1996, and before the date of this article, including Ordinance No. 7-96,[1] 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.[2] 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of the following ordinances, as amended by Ordinance No. 7-96, which establish or refer to civil violations are hereby repealed; and enforcement for such violations as summary offenses is established as follows:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

[1]

Editor's Note: See Art. II, Civil Enforcement Procedures, of this chapter.

[2]

Editor's Note: See 53 P.S. § 66601.

§ 1-25 Enforcement through actions in equity.

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.

§ 1-26 Continuation of violations.

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.

§ 1-27 Enforcement in same manner as summary offense.

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.

§ 1-28 Prosecution of ordinances by Municipal Solicitor.

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.

§ 1-29 Appointment of enforcement officers.

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.

§ 1-30 Determination of violation; fine imposed.

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.

§ 1-31 Notice of violation.

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.

§ 1-32 Commencement of civil enforcement proceeding.

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.

§ 1-33 Commencement of enforcement action as summary offense.

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.