§ 7711. Fines and penalties.

443 words·~2 min read·/pa/title-73/chapter-77/7711

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Authority.-- A township ordinance shall prescribe fines and penalties for violations as follows:

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

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

(3)The ordinance may provide that a separate violation under paragraph

(1)or

(2)arises out of:

(i)each day of violation; and

(ii)each applicable section of the ordinance.

(4)The ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the township in the enforcement proceedings.

(5)The board of commissioners 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 township ordinance shall specify the method of its enforcement as follows:

(1)Except as provided in paragraph (2), if a civil penalty is not paid, the township must initiate a civil action for collection under the Pennsylvania Rules of Civil Procedure. A township is 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 must be by a criminal action under 234 Pa. Code Ch. 4 (relating to procedures in summary cases). The municipal solicitor may assume charge of the prosecution without the consent of the district attorney as required under 234 Pa. Code § 454(c) (relating to trial in summary cases). Enforcement under this paragraph does not preclude enforcement under section 7505(c) (relating to property maintenance code).

(3)Except for an ordinance subject to paragraph (2), an ordinance enacted prior to October 29, 2020, shall be deemed automatically amended so that it is enforceable under paragraph (1).

(4)If a civil claim under paragraph (1), exclusive of interest, costs and fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a)(3) (relating to jurisdiction and venue), the township 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 township may enforce an ordinance in equity in a court of common pleas of the judicial district where the township is situate.

(d)Payment.-- Money collected under subsection

(b)shall be paid to the township treasurer.

73c7711v

Cross References. Section 7711 is referred to in sections 5511, 5528 of this title.

73c7712s