§ 3321 — Fines and penalties

Pennsylvania § 3321

• Jurisdiction: Pennsylvania
• Title 8: BOROUGHS AND INCORPORATED TOWNS
• Part: PART I
• Ch. 33: ORDINANCES
• Subch.: ENFORCEMENT

Text

(a) Prescription.--

(1) A borough ordinance shall prescribe fines and penalties for violation.

(2) A civil penalty may not exceed $600 per violation.

(3) The council may prescribe a criminal fine not to exceed $1,000 per violation and may prescribe imprisonment to the extent allowed by law for the punishment of a summary offense.

(4) An ordinance under this subsection may provide that a separate violation under paragraph (2) or (3) shall arise for:

(i) each day of violation; and

(ii) each applicable section of the ordinance.

(5) An ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the borough in the enforcement proceedings.

(6) The council may delegate the initial determination of ordinance violation and the service of notice of violation to a qualified officer or agent.

(b) Enforcement at law.--Unless otherwise provided by statute, a borough ordinance shall set forth the method of its enforcement in accordance with the following:

(1) Except as provided in paragraph (2), if the penalty is not paid, the borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. A borough shall be exempt from the payment of costs in an action under this paragraph.

(2) For an ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water or air or noise pollution, enforcement shall be by a criminal action 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. 454 (relating to trial in summary cases). Violations of the property maintenance code or ordinance may also be enforced under section 32A04(c) (relating to property maintenance code).

(3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to July 16, 2012, shall be deemed automatically amended so that it shall be enforced under paragraph (1).

(4) If a civil claim under this subsection, exclusive of interest, costs or fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a) (relating to jurisdiction and venue), the borough may:

(i) bring the action in a court of common pleas; or

(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

(c) Enforcement in equity.--In addition to or in lieu of enforcement under subsection (b), a borough may enforce an ordinance in equity in a court of common pleas of the county where the borough is situate.

(d) Payment.--Money collected under subsection (b) shall be paid to the borough treasurer.