Board OKs municipal civil infraction ordinance

By David Fleet

Editor

Atlas Twp.-On Monday night, the board of trustees OK’d the implementation of a municipal civil infraction ordinance.

By a 4-1 vote, three ordinances were OK’d: providing for municipal civil infractions of certain township ordinances and penalties; amending certain township ordinances by designating violations as municipal infractions and providing penalties for the violations.

The civil infraction ordinance, which was first discussed during the May 16 board meeting, authorizes township officials to issue civil infraction tickets, appearance tickets, penalties and procedures. Tickets for violations regarding peddlers and solicitors, curfew, blight, outside vehicle storage and/or parking, nuisance, zoning, licenses, signs, lighting, animals, open burning and construction maintenance were mentioned in the ordinance. The violation of the ordinance shall not be less than $100 nor more than $500 for the first offense and not less than $200 not more than $2,500 for subsequent offenses.

Shirley Kautman-Jones voted no.

“I believe we need to seek some professional training so to be better prepared to respond to the public,” said Jones. “I support the enforcement of ordinances, however, I’d be more comfortable with some form of training.”

Jones emphasized that often ordinance enforcement individuals are retired law enforcement personnel.

“They understand the whole process,” she said. “I’m concerned about the safety of pulling up in an unmarked vehicle to a home and clear understanding of the ordinances.”

The change was suggested by Matt Hart, township building inspector and code enforcer. Hart, who has enforced the township ordinances for the past 15 years said he receives about 30-40 complaints each year.

“Right now I go out and investigate the situation when a resident calls the township for such issues like not mowing lawns or barking dogs,” he said. “Many times I just talk to the residents, who may have a broken lawnmower or something. I really try to work with people, but sometimes it becomes necessary to issue a citation. Honestly, sending the resident a letter regarding the complaint often does not work. They ignore it.”

Hart said that mowing violations are down, but blight complaints are up in the township.

“The civil infraction is a multi-part ticket that provides time to fix the problem and if they don’t there’s a time set for a hearing in court,” he said. “From

that point forward the judge decides what happens. If the problem is resolved the case will come off the court docket. If not, the judge hears both sides of the case and determines a judgment. It’s a formal hearing to settle the matter. With the municipal infraction I’ll not have to keep coming back. The whole process would be streamlined. The deputies will be out of the loop altogether. I’m sure they have better things to do.”

Hart would not be opposed to some type of training but, it’s really not necessary.

“I try to establish a good balance with residents and come to an arrangement. I’ve only been in court three times during my time here. I’ve never had a problem, but if there is an irrate resident I can bring a deputy with me.”

 

 

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