[HISTORY: Adopted by the Board of Supervisors of the Township of
Derry 1-23-1996 as part of Ord. No.
392. Amendments noted where applicable.]
Except as specifically permitted by this chapter, the keeping or storage
of junked, wrecked or inoperable motor vehicles or the dismantled parts thereof
on private property is hereby declared to be a nuisance and to constitute
a danger to the public health, safety and welfare.
No person in charge of or in control of any premises, whether as owner,
lessee, tenant or occupant, shall permit any junked, wrecked or inoperable
motor vehicle or the dismantled parts thereof to remain on said premises for
a period in excess of 10 days.
The prohibitions of this chapter shall not apply to following:
A.
To any motor vehicle or parts thereof kept in an enclosed
building and which are not visible to the public and to which the public does
not have access.
B.
Motor vehicles or parts thereof which are stored in a
fenced area to which members of the public do not have access and which are
not visible from any public or private property adjoining the premises on
which the same are stored.
C.
Motor vehicles which are stored on the premises awaiting
the making of repairs to said vehicles for the purpose of rendering them operable;
provided that such motor vehicles shall not remain on the premises for such
purpose for a period in excess of 90 days.
D.
Motor vehicles capable of being licensed as antiques
by the Commonwealth of Pennsylvania and other makes of motor vehicles kept
as classic cars so long as all such antiques and classics are assembled with
substantially all essential parts and are in a reasonable state of repair
and preservation.
The owner, lessee, tenant or occupant of any premises within the Township
upon which any motor vehicle is kept or stored in violation of the terms of
this chapter shall be jointly and severally liable for the abatement of said
nuisance and for the penalties hereinafter imposed.
In the event that this chapter shall be violated the Township shall
give five days' notice of such violation to the owner and/or lessee and/or
tenant and/or occupant, which notice shall state that unless the nuisance
is abated within five days a prosecution will be instituted under this chapter.
In a proper case for cause shown, the Secretary of the Board of Supervisors
may extend the time for the abatement of a nuisance for a period not to exceed
an additional 180 days; provided that no such extension shall be valid unless
requested in writing and unless granted by the Township Secretary in writing.
Any person, firm or corporation who shall violate any provision of this
chapter, upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this chapter continues or each section of this chapter which shall be found
to have been violated shall constitute a separate offense.
In addition to the imposition of a fine as provided for in § 217-7, any motor vehicle permitted to remain on private property in violation of this chapter may be removed therefrom by the Township Supervisors or their duly authorized agent, servant or employee and the cost of such removal shall be recoverable by the Township against the owner and/or the tenant and/or the lessee and/or the occupant of the premises, which sum shall be recovered in addition to any fines imposed under this chapter.
