[Amended 8-22-2005 by Ord. No. 2005-12]
As used in this article, the following terms
shall have the meanings indicated.
Includes, without exception, any motor vehicle as to which
one or more of the following conditions exist:
A motor vehicle for which a certificate of junk
has been issued by the Bureau of Motor Vehicles of the Department
of Revenue of the Commonwealth of Pennsylvania.
A motor vehicle whose engine or any essential
or material part thereof has been removed for more than seven days,
except if stored at an automobile repair agency or garage.
A motor vehicle, one or more of whose tires
has been flat or one or more of whose wheels has been removed for
more than seven days.
A motor vehicle bearing no current Pennsylvania
inspection sticker or which does not meet the inspection requirements
of the Commonwealth of Pennsylvania.
A motor vehicle bearing no current registration
or license tag, except if stored on the premises of a licensed automobile
dealer.
A motor vehicle whose doors and windows are
not intact or cannot be securely closed.
A motor vehicle damaged by collision to such
an extent that it is inoperable, except if stored at an automobile
repair agency or garage.
A motor vehicle in such condition or situated
in such circumstances as to cause such vehicle reasonably to appear
to have been abandoned.
Leaving vehicles unattended.
A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following circumstances,
but the presumption is rebuttable by a preponderance of the evidence:
The vehicle is physically inoperable and is
left unattended on a highway or other public property for more than
48 hours.
The vehicle is physically inoperable and is
left unattended on a highway or other public property for more than
48 hours.
The vehicle has remained on private property
without the consent of the owner or person in control of the property
for more than 48 hours.
Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways or public
utility facilities, which are left in a manner which does not interfere
with the normal movement of traffic, shall not be considered to be
abandoned.
Any motor vehicle, trailer or semitrailer as defined by the
Vehicle Code of the Commonwealth of Pennsylvania.
The possession, keeping or storing of an abandoned
motor vehicle on any public street, alley or any other place in the
Township, other than the fully enclosed building is hereby prohibited,
except in a duly licensed junkyard, or in an impounding garage or
lot authorized by the Township of Hempfield for the storage of abandoned
vehicles.
In addition to the remedies set forth in § 83-29.3, abandoned or wrecked motor vehicles may also be removed in accordance with the Vehicle Code of the Commonwealth of Pennsylvania (75 Pa. C.S.A. § 101 et seq.). Pursuant to 75 Pa. C.S.A. § 7303.1(a), the Township Code Enforcement Officers are hereby authorized to process all vehicles presumed to be abandoned. Further, the Code Enforcement Officers of the Township of Hempfield shall comply with all provisions of 75 Pa. C.S.A. § 7301 et seq.
Any person, firm or corporation violating this
article shall, upon conviction of such offense before any District
Justice of the Magisterial Districts within the Township of Hempfield,
be sentenced to pay a fine of not more than $1,000 and the cost of
prosecution. Each day that a violation continues to exist after notice
to remove is given to the possessor, the keeper or storer of an abandoned
vehicle by the Township of Hempfield shall constitute a separate offense
and shall be punishable as such.
