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Draft ordinance sets criminal fines and civil remedies for right-of-way violations
Summary
The draft authorizes summary enforcement in magistrate court, fines up to $1,000 plus costs and possible imprisonment up to 90 days for continuing violations, and municipal-claim recovery of abatement costs; commissioners said enforcement should target habitual offenders.
The draft ordinance authorizes summary enforcement before magistrate court and prescribes criminal fines "not more than $1,000 plus court cost of prosecution" for violations, with potential imprisonment up to 90 days for continuing or repeated offenses. Commissioners and staff clarified that enforcement tools include municipal-claim certification for cost recovery, civil actions in the court of common pleas, and equity remedies such as injunctions when appropriate.
Participants stressed enforcement should be calibrated to recurring offenders and serious public-safety obstructions rather than one-off incidents. One commissioner noted that day-to-day enforcement typically involves a notice and opportunity to correct, with harsher penalties reserved for persistent noncompliance. The commission agreed the supervisors should consider whether fines, liens, or civil remedies are the most appropriate tools in each case.
