The purposes of this chapter are as follows:
A. To prevent the storage of unlicensed and uninspected
motor vehicles on private property, except such motor vehicles as
are housed in a fully enclosed and secure structure, which vehicles
are in such a condition as to create a hazard and danger to the health
and welfare of the Township citizens because:
(1) Such vehicle creates an attractive nuisance for children,
who are not aware of the dangers involved.
(2) Such vehicle may provide a breeding ground, home or
haven for rodents, rats, vermin, mosquitoes, flies and other undesirable
animals, reptiles or insects.
(3) Flammable materials stored in any such motor vehicle
or motor vehicle parts pose a danger of injury to both the citizens
of the Township and the environment of the Township.
(4) Such motor vehicle is often utilized to store lumber,
garbage, rubbish or other materials that attract vermin, rodents,
reptiles and insects.
B. To establish a program of regulation by permit over
the storage on private property of unlicensed and uninspected motor
vehicles so that the Township may be apprised of their location and
make appropriate inspections to determine that they do not constitute
nuisances as prohibited by this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
LESSEE
An owner for the purpose of this chapter when the lessor
holds the lessee responsible for maintenance and repair of the leased
premises.
MOTOR VEHICLE
Any type of mechanical device, propelled by a motor, in which
a person or persons or property may be transported upon public streets
or highways when in operating condition and includes trailers or semitrailers
pulled thereby.
NUISANCE
Any condition which shall constitute a threat or potential
threat or is prejudicial to the public health, safety or welfare.
OWNER
The actual owner, agent or custodian of the property on which
a motor vehicle or vehicles is/are stored, whether individual or partnership,
association or corporation.
PERSON
A natural person, firm, partnership, association, corporation
or other legal entity.
It shall be unlawful for any person, owner or
lessee to maintain a motor vehicle upon private property within Swatara
Township which does not have a current and/or valid state safety inspection
(if required) or does not have a valid state registration plate and
has any of the following physical defects which individually or jointly
constitute a nuisance in fact:
A. Broken windshields, mirrors or other glass with sharp
edges.
B. One or more flat or open tires or tubes which could
permit vermin harborage.
C. Missing doors, windows, hood, trunk or other body
parts which could permit animal harborage or sharp edges.
D. Any broken or bent body parts with sharp edges, including
holes resulting from rust.
E. Missing tires resulting in unsafe suspension of the
motor vehicle.
F. Upholstery which is torn and open to the outside which
could permit animal and/or vermin harborage.
G. Broken headlights or tail lamps with sharp edges.
H. Disassembled chassis apart from the motor vehicle
stored in a disorderly fashion or loose in or on the vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in
an unstable manner.
K. Leaking or damaged oil pan or gas tank which could
cause fire, explosion or environmental hazard.
L. Exposed battery containing acid.
M. Inoperable locking mechanism for doors or trunks.
N. Open or damaged floor boards, including trunk and
firewall.
O. Damaged bumpers pulled away from the perimeter of
the vehicle constituting a protruding sharp edge or cutting surface.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips constituting
a potential cutting surface.
R. Suspended or unstable supports.
S. Broken or bent antennas constituting a protruding
sharp edge or cutting surface.
T. Such other defects that could threaten the health,
safety and welfare of the public.
Any person, owner or lessee who has one or more motor vehicle(s) as defined in §
279-3 above may be granted a temporary vehicle storage permit to temporarily store such vehicle(s) in the Township of Swatara for the purpose of repairing such vehicles. Such permits are not automatically granted and may be denied if the Health Officer determines that there is too great a risk to public health and safety. Such permits are only granted in strict compliance with the regulations provided herein. Such person, owner or lessee must first apply, in writing, to the Health Officer of Swatara Township for a temporary motor vehicle storage permit. Such application must set forth the location and description of the land on which said motor vehicle(s) are to be placed, the manner of storage, the length and purpose of storage and a complete description of the vehicle, including make, model, license plate number and/or vehicle identification number (VIN). A separate application is required for each vehicle for which a temporary permit is requested along with a fee paid to the Township of Swatara such as may be provided, from time to time, by resolution of the Board of Commissioners. If said application is approved by the Township Health Officer, a temporary vehicle storage permit will be issued for each approved vehicle.
Each temporary motor vehicle storage permit
will be valid for three consecutive months from the date of issue.
The expiration date of the permit will be written on the permit by
the Township Health Officer; a permit, upon approval of the Health
Officer, may be renewed.
The vehicle storage permit shall be placed on
the inside surface of the front windshield of the motor vehicle for
which the permit is issued. The permit will be placed on the driver's
side area of the windshield above or near the area where the state
safety inspection sticker is normally placed and shall be completely
visible from the outside of the vehicle. A temporary vehicle storage
permit(s) may not be transferred from one vehicle to another.
Before a temporary motor vehicle storage permit
is issued, the person, owner or lessee applying for the permit must
sign a statement certifying that all gas, oil and/or other flammable
liquids have been removed/drained from the vehicle(s).
It shall be unlawful to store any type of flammable
material (liquid, solid or gas) in any motor vehicle or to store engine
parts, lumber, garbage, rubbish or any other material that may pose
a hazard to the health, welfare or safety of the residents of Swatara
Township or that may attract vermin or present a rodent harborage.
Any motor vehicle that is classified a nuisance stored on private grounds without a permit issued by the Health Officer, as herein required, shall be removed by the owner or occupier of said grounds after notice to do so and, in default thereof, the Township may cause the same to be done and collect the costs thereof, together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action of assumpsit or may seek relief by bill in equity. Attorney fees shall be added to the amount collected above pursuant to Chapter
125, Article
I, of the Swatara Township Code of Ordinances.
The Health Officer and/or his/her authorized
representative is hereby empowered to inspect grounds on which motor
vehicles are stored to determine if there is compliance with the provisions
of this chapter.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $30 nor more than $600 and costs of prosecution,
or, in default of payment of such fines and costs, to undergo imprisonment
for not more than 30 days, provided each day's continued violation
of any provision of this chapter, after notice thereof, shall constitute
a separate violation and shall be punishable as such.