The Borough Council of the Borough of Jenkintown declares that
the abandonment or desertion of motor vehicles upon private property
within the Borough constitutes a hazard to the health, safety and
welfare of the residents of the Borough and does, therefore, enact
and ordain as follows.
For the purposes of this chapter, the following terms shall
have the meanings ascribed to them in this section:
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any real property of any sort not owned by the Borough, the
School District of Jenkintown or its successors, the County of Montgomery,
the Commonwealth of Pennsylvania or the United States Government or
any instrumentality thereof.
VEHICLE
Every motor-powered device required to be licensed by the
Commonwealth of Pennsylvania, by which any property, person or thing
may be transported or drawn upon a public road.
[Amended 3-28-2005 by Ord. No. 2005-1]
A. A vehicle shall be conclusively presumed to be abandoned for purposes
of this chapter if it remains in an inoperable condition within the
Borough on private or public premises for a period of 30 days or more.
B. A vehicle shall be conclusively presumed to be abandoned for purposes
of this chapter if it, being a vehicle required to be licensed for
operation on the public roadways by the Commonwealth of Pennsylvania,
such licensing being demonstrated by the affixing of a license plate
or other form of visible markings or tags to said vehicle, shall remain
on private or public property for a period of 30 days or more without
bearing such current valid plates or markings.
C. A vehicle shall be conclusively presumed to be abandoned for purposes
of this chapter if it remains in an inoperable condition within the
Borough on private or public premises and, where licensed in a jurisdiction
requiring periodic inspection and subsequent certification of the
vehicle, fails to exhibit a current, valid inspection certification
placard, marking, sticker or other required attestation for a period
of 30 days or more.
[Added 4-28-1980 by Ord. No. 80-13]
Nothing herein contained shall be deemed to prohibit:
A. Any person from parking, storing or repairing a motor vehicle upon
private or public property where authorized under the laws of the
Commonwealth of Pennsylvania or the ordinances of the Borough of Jenkintown.
B. The placing, keeping or storing of any motor vehicle wholly enclosed
or screened in a garage or other building in accordance with the zoning
regulations of the Borough.
C. The storage of any motor vehicle on the premises of a garage or service
station when such motor vehicle is being repaired or is scheduled
on the records of said garage or service station for repair.
[Amended 4-28-1980 by Ord. No. 80-13]
The Borough Manager is hereby authorized and empowered to seize
and remove or cause to be seized and removed such abandoned vehicles
from private premises if the title owner of such vehicle or the owner
of private premises upon which any such vehicle is found refuses,
fails or neglects to remove and dispose of such abandoned vehicle
within three days after notice so to remove is mailed to said owner
by the Borough Manager. The Borough Manager is hereby authorized and
empowered to pay for the seizure and removal of such abandoned vehicle
if said owner refuses, fails and neglects to remove said abandoned
vehicle, and in such event, the Borough shall have the power to levy
and collect the costs thereof from such title owner of such vehicle
or the owner of such private premises, or both, in the manner prescribed
by law, and the Borough shall file a lien or municipal claim for the
amount of same against the property of either of said owners, or both,
failing to comply with the provisions of this chapter, in accordance
with the provisions of the Act of Assembly in such case made and provided.
[Amended 4-28-1980 by Ord. No. 80-13; 1-30-1989 by Ord. No. 89-2]
Any person violating any of the provisions of this chapter shall,
upon summary conviction thereof, be liable to a fine of not less than
$25 nor more than $600, to be collected as fines and penalties are
collected by law, or to imprisonment for a term not to exceed 30 days,
or both.