Section 58321-A - Fines and penalties(a)Prescription.--(1) A township ordinance shall prescribe fines and penalties for violation.(i) A civil penalty may not exceed $600 per violation.(ii) The board of commissioners 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.(2) An ordinance under this subsection may provide that a separate violation under paragraph (1)(i) or (ii) shall arise for:(i) each day of violation; and(ii) each applicable section of the ordinance.(3) An ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the township in the enforcement proceedings.(4) 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 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 township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. A township 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 3105-A(c).(3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to the effective date of this section 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 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 county where the township is situate.(d)Payment.--Money collected under subsection (b) shall be paid to the township treasurer.1931, June 24, P.L. 1206, No. 331, art. XXXIII-A, § 3321-A, added 2020, Oct. 29, P.L. 782, No. 96, § 153, effective in 60 days [Dec. 28, 2020].