Township of Lower Salford, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY Adopted by the Board of Supervisors of the Township of Lower Salford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 95.
Hazardous substances — See Ch. 97.
Streets and sidewalks — See Ch. 140.
[Adopted 7-1-1959 by Ord. No. 59-8]

§ 112-1 Definitions; word usage. [1]

A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, an association, partnership, firm or corporation.
B. 
Word usage. The singular shall include the plural and the masculine shall include the feminine and neuter.
[1]
Editor's Note: See also § 112-3.

§ 112-2 Dumping prohibited.

The practice of throwing, depositing or dumping any paper, trash, rubbish, ashes, junk, waste, garbage or discarded materials, carcasses or matter of any kind in or on any private or public property, vacant or occupied, within the Township of Lower Salford, or of maintaining any accumulations of such materials in or on any public or private property, vacant or occupied, within said Township, other than in accordance with regulations hereinafter set forth in § 112-5, shall be deemed to be and constitute a nuisance and is hereby prohibited.

§ 112-3 Abandoned and repairable vehicles.

A. 
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery or discarded equipment of any kind, or parts thereof, in or on any public or private property, vacant or occupied within the Township of Lower Salford shall be deemed to be and constitute a nuisance, and is hereby prohibited.
B. 
Definitions. For the purpose of this section, the terms used herein are defined as follows:
[Added 5-3-1978 by Ord. No. 78-2]
ABANDONED OR JUNKED AUTOMOBILE, TRUCK OR VEHICLE
Any one or more vehicles found to be on public or private property not within a completely enclosed structure or building, such as a garage or accessory building, which can be easily secured from the potential health and safety hazards and which is found to be any one of the following:
(1) 
A vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificates.
(2) 
Any vehicle, provided that such a vehicle is not registered with and certified by the Police Department as a repairable vehicle, in or on which it is found that any of the following conditions exist:
(a) 
Its engine or motor or any other essential parts are inoperable or have been removed for more than 30 days.
(b) 
Its tires or any tire have been deflated or its wheel or wheels have been removed for more than 30 days.
(c) 
It bears no registration plate and/or no official inspection sticker, or any such sticker is not current by more than 30 days.
ANTIQUE MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications.
CLASSIC MOTOR VEHICLE
A self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and limited availability, determined by the Pennsylvania Department of Transportation to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with manufacturer specifications and appearance.
REPAIRABLE VEHICLE
Any vehicle in or on which is found any of the conditions specified under the definition of an abandoned or junked vehicle and has been registered with the Township of Lower Salford as a vehicle that will be repaired, properly licensed and inspected within 120 days' time from the date of registration.
C. 
Prohibition of abandoned or junk vehicles and registration of repairable vehicles.
(1) 
For any abandoned or junk vehicle on private property to be considered a repairable vehicle, an application must be made by the owner of the vehicle to the Township of Lower Salford accompanied by a registration fee of $5, certifying that the owner intends to repair said vehicle within 120 days from the date of registration and to have the vehicle properly inspected, licensed and in operating condition within the allotted time. Upon application, provided that the applicant does not already have a repairable vehicle registered within the Township, the Police Department shall certify that the vehicle may be registered as a repairable vehicle.
(2) 
Any individual or individuals that have registered a repaired vehicle with the Township of Lower Salford may, with a fee of $1 and written proof of a requisition for necessary parts yet to be delivered, renew his application for an additional 120 days if, and only if, the vehicle in question can be classified as an antique or classic motor vehicle,
(3) 
Enforcement of this section shall be by the Police Department of Lower Salford Township.[1]
[1]
Editor's Note: Original Section 4 of this ordinance, concerning unsafe structures, which immediately followed this section was repealed 8-4-1982 by Ord. No. 82-8.

§ 112-4 (Reserved) [1]

[1]
Editor's Note: Former § 112-4, Sanitary landfills, as amended, was repealed 2-6-1985 by Ord. No. 85-1.

§ 112-5 Notice to correct condition.

[Amended 5-6-1964 by Ord. No. 64-6]
Whenever it is found that any person is maintaining a nuisance as defined in §§ 112-1 to 112-3 of this article or is operating a sanitary landfill contrary to the regulations specified in § 112-4 hereof or any of them, any officer or employee of the Township or any policeman of the Township may serve notice thereof requiring that the condition be made safe, corrected or removed, by certified mail or by personally delivering the same to the offender.

§ 112-6 Abatement by Township.

Should any person cause or permit the continuance of a nuisance after 20 days from the date of mailing of the notice to abate or fail to correct the condition complained of with respect to a sanitary landfill operation within 10 days from the date of the mailing of the notice, the Township may, upon resolution of the Board of Supervisors, cause the removal or abatement of the nuisance or the correction of the condition complained of by such means as appear to it necessary. The Township shall, in such event, have the right and power to enter upon premises causing or contributing to said nuisance or whereon the defective condition exists to accomplish the abatement or correction thereof. In addition thereto, the Supervisors may, upon the expiration of the ten-day period herein specified without the correction of the condition complained of, forthwith revoke the permit issued to conduct a sanitary landfill, whereupon the person operating the same shall cease operations until his permit is restored.

§ 112-7 Recovery of costs.

[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended moneys to abate a nuisance under the terms of this chapter or to correct a condition complained of with respect to the operation of a sanitary landfill, it shall recover the cost thereof, a penalty of 5% and an attorney's fee of 5% by municipal claim proceedings under the Act of May 16, 1923, P.L. 207, as amended;[1] by summary proceedings, under the Act of May 1, 1933, P.L. 103, Article VII, Section 702, Clause XII, as amended;[2] by an action of assumpsit in the Court of Common Pleas of any county where jurisdiction may be obtained, under the Act of May 1, 1933, P.L. 103, Article XXI, Section 2106, as amended;[3] or by such other remedies as may be provided by law, at the election of the Township.
[1]
Editor's Note: See 53 P.S. § 7107.
[2]
Editor's Note: See 53 P.S. § 66529 et seq.
[3]
Editor's Note: See 53 P.S. § 67106.

§ 112-8 Equity proceedings.

In addition to such other remedies as shall be provided for herein, the Township shall have the right to institute proceedings in equity in a court of appropriate jurisdiction to enforce the provisions hereof.

§ 112-9 Violations and penalties.

[Amended 5-6-1964 by Ord. No. 64-6; 9-19-1996 by Ord. No. 96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions of this article shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A new and separate offense shall be deemed committed for each day that such violation exists.

§ 112-10 When effective.

This article shall become effective five days after enactment, as provided by law; provided, however, that persons presently operating dumps within the Township shall have a period of 30 days from the effective date of this chapter within which to either cease such operations or comply with the provisions of § 112-4 hereof.
[Adopted 10-4-1961 by Ord. No. 61-3]

§ 112-11 Definitions; word usage.

A. 
Definitions. The following words, when used in this article, shall have the meanings ascribed to them in this section:
HIGHWAY
The entirety of a way or place, of whatever nature, open to the use of the public as a matter of right, for purposes of vehicular travel, including the unimproved portion of the right-of-way adjacent to the cartway.
PERSON
Any natural person, association, partnership, firm or corporation.
B. 
Word usage. The singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 112-12 Conditions to be corrected.

Whenever any person shall have utilized the highways of Lower Salford Township in such a manner as to result in the deposit thereon of substantial quantities of dirt, debris or foreign matter of any kind or in such a manner as to have created a hazardous condition or as to have destroyed, blocked or caused deterioration of drainage on or in drain areas adjacent to said highways, said person shall immediately cause the correction of said condition or conditions.

§ 112-13 Abatement by Township.

[Amended 8-4-1982 by Ord. No. 82-8]
Should any person cause or permit the continuance of any nuisance or dangerous condition set forth in § 112-12 of this article without the commencement of corrective action immediately upon written or oral notification of conditions specified in § 112-12 or by failure to prosecute corrective action to completion within a reasonable time thereafter, the Township may cause the removal, correction or abatement of the condition, structure or improvement constituting a nuisance or danger to the public by such means as appear to it necessary, including construction or reconstruction. The Township shall, in such event, where necessary, have the right and power to enter upon the offending premises to accomplish the foregoing.

§ 112-14 Recovery of costs.

[Amended 8-4-1982 by Ord. No. 82-8]
In the event that the Township shall have expended moneys to remove, correct or abate any condition, structure or improvement constituting a nuisance or danger to the public under the terms of this article, it shall recover the cost thereof, a penalty of 5% and an attorney's fee of 5% by municipal claim proceedings under the Act of May 16, 1923, P.L. 207, as amended;[1] by summary proceedings, under the Act of May 1, 1933, P.L. 103, Article VII, Section 702, Clause XII, as amended;[2] by an action of assumpsit in the Court of Common Pleas of Montgomery County under the Act of May 1, 1933, P.L. 103, Article XXI, Section 2106 as amended;[3] or by such other remedies as may be provided by law, at the election of the Township.
[1]
Editor's Note: See 53 P.S. § 7107.
[2]
Editor's Note: See 53 P.S. § 66529.
[3]
Editor's Note: See 53 P.S. § 67106.

§ 112-15 Equity proceedings.

In lieu of removal, correction or abatement of any condition, structure or improvement constituting a nuisance or danger to the public by the Township of Lower Salford, the Township may enforce the provisions of this article by means of a complaint in equity filed in the Court of Common Pleas of Montgomery County to compel the offender to do so and to seek such other relief as said Court is empowered to afford.

§ 112-16 Violations and penalties.

[Amended 8-4-1982 by Ord. No. 82-8; 9-19-1996 by Ord. No. 96-3; 6-3-1998 by Ord. No. 98-4; 11-18-1999 by Ord. No. 99-16]
Any person or persons violating any of the provisions of this article shall be subject to a criminal fine not to exceed $1,000 per violation and imprisonment in the Montgomery County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day's continuance of a violation shall constitute a separate offense.

§ 112-17 Remedies not exclusive.

The remedies herein provided for the enforcement of the provisions of this article or of any remedy afforded by law shall not be deemed mutually exclusive and may be employed simultaneously or consecutively, at the discretion of the Township of Lower Salford.