[HISTORY: Adopted by the City Council of the City of Butler 5-12-1987 by Ord. No. 1289. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 245.
This chapter shall be known and may be cited as "City of Butler Abandoned and Junked Motor Vehicle Ordinance".
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
- CALENDAR DAY
- A period of 24 hours measured from midnight to midnight of any calendar day.
- JUNKED MOTOR VEHICLE
- Any motor vehicle outside of a fully enclosed building not in full and complete working order or without current registration plates or current inspection certificate.
- MOTOR VEHICLE
- Any self-propelled land vehicle which can be used for towing or transporting people or materials, including but not limited to automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off-the-road vehicles.
- MOTOR VEHICLE ACCESSORIES
- Any part or parts of any motor vehicle.
- Every natural person, association or corporation. Whenever used in any clause prescribing or imposing a fine or penalty of imprisonment in default thereof, the term as applied to associations shall mean any member thereof and as applied to corporations shall mean the President or Secretary thereof.
- PRIVATE PROPERTY
- Any real property not owned by the federal government, state, county, City or school districts.
- The physical relocation of a motor vehicle to an authorized location.
[Amended 12-13-1991 by Ord. No. 1361]
It shall be unlawful for any person owning or having custody of any junked motor vehicle or motor vehicle accessories to store or permit any such vehicle or accessories or allow such vehicle or accessories to remain on any private property within the City where its presence constitutes a hazard. It is further unlawful for any person owning any private property in the City to store or permit to remain any such vehicles or accessories on his property. Such storage is declared to be a nuisance and may be abated or removed and penalties imposed as provided in this chapter.
Upon discovery of any junked motor vehicles or motor vehicle accessories, the City of Butler shall provide notice to the person owning or having custody of said junked motor vehicle or motor vehicle accessories to remove the same. At least 10 days' notice to remove the junked motor vehicle or motor vehicle accessories shall be provided. Should the number of junked motor vehicles or motor vehicle accessories make compliance within 10 days impossible, the notice period may be extended to 30 days.
It shall be unlawful for any person, after notification has been given, to remove any junked motor vehicles or motor vehicle accessories from any private property and to move the same to any other private property upon which said storage is not permitted or onto any public highway or other public property for purposes of storage.
This chapter shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner or seasonal use vehicles; such as, snowmobiles, motorcycles, motor scooters and nonmotorized campers. As to junked motor vehicles, such business enterprises shall include auto junkyards, but not auto repair shops. As to motor vehicle accessories, such business enterprises shall include automobile junkyards, auto repair and auto body shops, but shall not include automobile service stations or tire, battery and accessory sale stores.
The Bureau of Police of the City of Butler, Pennsylvania, on routine inspection or upon receipt of a complaint, may investigate a suspended junked motor vehicle or motor vehicle accessories and record the make, model, style and identification numbers in each situation.
Whenever the Bureau of Police finds or is notified that any junked motor vehicle or motor vehicle accessories have been stored or permitted to remain on any private property within the City, the Bureau of Police shall send, by certified mail, a notice to the owner of record of such motor vehicle or accessories, if such owner can be ascertained by the exercise of reasonable diligence and also to the owner of the private property, as shown on the tax assessment records of the City on which the same is located, to remove the junked motor vehicle or motor vehicle accessories within 10 days. Such notice shall contain the following additional information:
Nature of complaint.
Description and location of the motor vehicle and/or motor vehicle accessories.
Statement that the motor vehicle and/or motor vehicle accessories will be removed from the premises no later than 10 days from the date of notification.
Statement that removal from the location specified in the notification to another location upon which said storage is not permitted is prohibited and shall subject the person to additional penalties.
Statement that, if removal is made within the time limit specified, notification shall be given, in writing, to the Bureau of Police.
Statement of the penalties provided for noncompliance with such notice.
[Amended 2-20-1997 by Ord. No. 1430; 4-25-2013 by Ord. No. 1673]
The Police Department, having the responsibility and authority to enforce the provisions of this chapter, shall issue a written warning notice of the violation. A penalty of $25 is hereby imposed by the City commensurate with the issuance of the written warning notice of the chapter violation. Any person issued a written warning notice of this chapter violation shall have the period of time set forth in the written warning notice within which to correct the violation and a period of 10 days within which to pay a penalty of $25 to the City. In the event the violation is not corrected within the period of time set forth in the written warning notice or the penalty is not paid within 10 days, the City may commence formal proceedings against such offender for the violation.
Any person violating the provisions of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine of up to $300 and costs of prosecution and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for up to 90 days.
All prosecutions shall be brought in the name of the City of Butler before any District Justice and shall be commenced by information and warrant and shall be directed to and be served by a constable. Warrants shall be returnable forthwith and upon such return, like proceedings shall be had, as in the case of summary conviction.