Except as otherwise specially provided in this act, any person violating any provision of this act, or any rule, regulation or order of the board lawfully made, shall for the first and second offense, upon conviction thereof in a summary proceeding, be sentenced to pay the costs of prosecution and a fine of not less than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00), and, in default thereof, to undergo imprisonment of not less than five (5) days nor more than thirty (30) days. In determining whether an offense is a first or second offense, no offense committed more than five (5) years before the date of the offense being prosecuted shall be considered as a prior offense.